HomeMy WebLinkAboutRes2009-116 Sponsored by: Oates
'— CITY OF SEWARD, ALASKA
RESOLUTION 2009 -116
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, AMENDING THE PORT AND HARBOR
TARIFF AND PROVIDING FOR AUTOMATIC ANNUAL
ADJUSTMENTS TO MOORAGE AND DOCKAGE RATES BY AN
AMOUNT EQUAL TO THE FIVE PREVIOUS FULL YEARS'
AVERAGE INCREASE IN THE ANCHORAGE CONSUMER
PRICE INDEX FOR ALL URBAN CONSUMERS
WHEREAS, the most recent Rate Analysis of the City of Seward's Harbor
Enterprise Fund was completed eight years ago (in 2001) by J.B. Beckham resulting in an
amendment to the Port & Harbor Tariff reflecting the application of the Anchorage
Consumer Price Index; and
WHEREAS, the Seward Harbor has significantly expanded since 2001, resulting
in the need for an updated Rate Analysis which was conducted in preparation for the
biennial 2010/2011 budget process; and
WHEREAS, between 2003 and 2007 the Anchorage Consumer Price Index (CPI)
rose 13.784 %, producing a five -year average CPI of 2.8% which is the amount by which
moorage and dockage rates will be increased for 2010, and between 2004 and 2008, the
CPI rose 15.624% producing the average CPI of 3.1% which will be the amount by
which moorage and dockage rates will be increased for 2011; and
WHEREAS, the Harbor Enterprise Fund has not made contributions to its Major
Repair and Replacement Fund in a number of years, other than contributions from the
Cruise Ship Head tax, and the City Council desires to establish a funding source to
replace aging harbor infrastructure, resulting in the implementation of a new capital
repair and replacement fee; and
WHEREAS, the harbor operates the vessel storage and maintenance yard at
Seward Marine Industrial Center ( "SMIC "), and the SMIC development plan adopted by
Resolution 2008 -33 intends that SMIC should "seek a rate of return from the use of
public facilities, and assets and equipment that will adequately cover deferred
maintenance and replacement costs "; and
WHEREAS, the 2009 SMIC Operations Analysis recommended a fee structure
which would place the burden of vessel abandonment on the vessel owner, resulting in a
recommended increase in the lay time charge for vessels stored at SMIC; and
WHEREAS, the City of Seward's enterprise funds are operated in a manner
similar to private business entities, in that they establish charges intended to cover the full
CITY OF SEWARD, ALASKA
RESOLUTION 2009 -116
cost of providing services (including direct and indirect costs) including operations and
maintenance, overhead, system expansion, and charges for the use of capital facilities;
and
WHEREAS, duc to the cost of conducting comprehensive rate studies, and due to
the need to regularly review and update charges to account for the impact of inflation and
other cost increases, it is prudent to update charges annually based on the generally
accepted measure of the annual inflation known as the consumer price index, to prevent
the deterioration of the financial health of the Harbor Enterprise Fund; and
WHEREAS, in order to qualify for low- interest loans and bond financing for
capital infrastructure, the City must be able to demonstrate the adequacy of utility rates as
well as the financial capacity for debt repayment, and an annual rate adjustment will
enable the utility to maintain our current positive financial standing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA that:
Section 1. The rates, fees, and charges incorporated herein by reference and
attached hereto as "The Port and Harbor Tariff Regulations — 2010" are effective January
1, 2010, with the bills sent our prior to January 1 reflecting the adjusted January 1
rates.
Section 2. The rates, fees, and charges incorporated herein by reference and
attached hereto as "The Port and Harbor Tariff Regulations — 2011" are effective January
I, 2011, with the bills sent our prior to January 1 reflecting the adjusted January 1
rates.
Section 3. The Port and Harbor Tariff Regulations are amended for the
purpose of implementing a new capital renewal and replacement fee, providing for
automatic annual adjustments to moorage and dockage rates by an amount equal to the
five previous full years' average increase in the Anchorage Consumer Price Index for all
Urban Consumers, and modifying lay time charges and charges for trailers, cradles and
equipment stored at the Seward Marine Industrial Center.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska,
this 9 day of November 2009.
CITY OF SEWARD, ALASKA
RESOLUTION 2009 -116
THE CITY SEWARD, ALASKA
.„
}
illard E. Dunham, Mayor
AYES: Valdatta, Bardarson, Smith, Keil, Shafer, Amberg, Dunham
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Johanna Dollerhide, CMC
Acting City Clerk
(City Seal)
K �eaaarta,� �
CF.
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Council Agenda Statement
Meeting Date: November 9, 2009
e o f sic
Through: Phillip Oates, City Manage N
From: Kari Anderson, Harbormaster 4«P
Agenda Item: Amending the Port & Harbor Tariff and providing for automatic annual
adjustments to the moorage and dockage rates by and amount equal to the
five previous full years' average increase in the Anchorage Consumer Price
Index for all urban consumers
BACKGROUND & JUSTIFICATION:
City Council has held five separate work sessions over the past two months to discuss the Harbor and
SMIC enterprise funds and to examine funding strategies for the 2010 and 2011 budgets. Several
different options were evaluated for funding operations and critical capital needs. The result of these
work sessions is new fee structure with changes to the moorage, dockage, and storage rates. At their
October 7, 2009 meeting the Port and Commerce Advisory board unanimously moved and approved
recommendations resulting in the proposed changes to the Port & Harbor Tariff
The changes to the Port and Harbor Tariff can he summarized in three categories: a new rate
structure for vessel storage at the Seward Marine Industrial Center, an annual increase to moorage
and dockage rates based on an average of the five previous full years' Anchorage Consumer Price
Index, and a Capital Renewal and Replacement fee charged according to vessel length and moorage
timeframe. These changes will allow service and operations at the Seward Harbor and Marine
Industrial Center to be maintained at their current levels, while providing an annual revenue stream to
make contributions to the major maintenance and repair fund. Critical projects including thc
replacement of D float and harbor dredging cannot occur without these changes to the tariff.
INTENT: The adoption of the 2010 and 2011 Port and Harbor Tariff with proposed changes to the
SMIC upland storage rate, moorage and dockage increases based on the Anchorage CPI, and thc
adoption of a new Capital Renewal and Replacement fee to be charged in addition to moorage.
CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the
Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council
Rules of Procedures or Other Plans or Policies:
Yes (List Below)
Comprehensive Plan
Economic Development, Small Bout Harbor Development: expand and maximize the potential of
the existing harbor.
Transportation Facilities, Harbors: Continue to support, promote, enhance and develop harbor
facilities.
Strategic Plan
Economic Base, Improve and Expand Maritime Facilities: complete the renovation of the Small
Boat Harbor.
Small Boat Harbor Management Plan
Harbor Development, New Harbor Development and Expansion: establish a replacement fund
within the harbor enterprise fund to pay for replacement of city facilities, maintain a boat slip
pricing policy relative to maintaining adequate operation and maintenance of the harbor.
FISCAL NOTE:
The moorage and dockage rate is to be increased 2.8% in 2010 and 3.1% in 2011 as determined by a
five -year average of the Anchorage CPI. The proposed SMIC storage rate is estimated to generate
and additional S20,000 in revenue for the SMIC Enterprise Fund. The Capital Renewal and
Replacement fee will generate a minimum of $100,000 for the Major Maintenance and Repair Fund
(402) on an annual basis.
Approved by Finance Department: / /3 /Q?
ATTORNEY REVIEW: Yes X No
RECOMMENDATION:
Council approve Resolution 2009- t(..9 adopting the 2010 and 2011 Port and Harbor Tariff
Regulations.
*NNW PORT AND HARBOR TARIFF
REGULATIONS - 2010
RULES, RATES, CHARGES AND REGULATIONS
FOR PORT AND HARBOR FACILITIES
CITY OF SEWARD, ALASKA
SEWARD BOAT HARBOR, SEWARD MARINE CENTER AND SHIP LIFT SYSTEM
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14.7
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CITY OF SEWARD
P.O. BOX 167
SEWARD, AK 99664
Port and Harbor Tariff Regulations City of Seward, Alaska
AMMO Revision Date: November 9, 2009, Elective January 1, 2010
Table of Contents
PREFACE V -
Tariff Revisions v
Forms v
Explanation of Abbreviations and Characters That May Appear in Tariff v
Notice to Public v i
SECTION I - GENERAL RULES AND REGULATIONS 1
100 DEFINITIONS - GENERAL 1
105 APPLICATION OF TARIFF 2
(a) General Application of Tariff 2
(b) Tariff Effective 2
(c) Acceptance of Tariff 2
(d) Reservation of Agreement Rights 2
(c) Compliance with Conditions of Docking and Facility Use 3
110 APPLICATION OF RATES 3
115 INSURANCE 3
120 RESPONSIBILITY FOR COLLECTION AND GUARANTEE OF CHARGE 3
(a) Responsibility for Charges 3
(b) Prepayment, Time of Prepayment, Acceptable Security, Refund of Excess
(c) Waiver of Prepayment Requirement 4 ..�
(d) Charges on Delinquent Accounts 4
125 LIABILITY FOR LOSS OR DAMAGE AND INDEMNITY 4
(a) Responsibility Limited 4
(b) Indemnity 5
(c) Owner's Risk 5
130 RIGHTS OF TIIE CITY OF SEWARD 6
(a) Access to Harbor or Port Facilities
(b) Right to Refuse Cargo 6
(c) Right to Schedule Vessels and Cargo 6
(d) Right to Remove, Transfer or Warehouse Cargo 7
(e) Right to Withhold Deliver of Freight 7
(f) Right to Sell for Unpaid Charges 7
(g) Explosives 7
(h) Right to Remove, Transfer or Rearrange Vessels 7
(i) Right to Remove Materials or Equipment from City Dock or Terminal Facilities 8
135 REQUESTS AND COMPLAINTS 8
140 DELAYS - NO WAIVER OF CHARGES 8
Port and Harbor Tariff Regulations City of Seward, Alaska
Revision Date: November 9, 2009, Rjjeclire 1, 2010 ii
145 MANIFESTS REQUIRED OF VESSELS 8
150 SAFETY, SANITATION AND HOUSEKEEPING 8
(a) Safety and Sanitation S
(b) Notice of Hazardous Cargo and Permit Requirements 9
- (c Responsibility for Housekeeping
(d) Smoking Prohibited 9
9
(e) Used Oil and Petroleum Products 9
155 RESPONSIBILITY FOR PROPERTY DAMAGE 9
160 BULK PETROLEUM PRODUCTS 9
(a) Application of Tariff
9
(b) Clearing and Heating Petroleum Lines 10
(c) Regulations Governing Petroleum Products 10
(d) Housekeeping 10
SECTION II - SERVICES AND CIIARGES 11
200 MOORAGE 11
Outside the Small Boat Harbor 11
Within the Small Boat Harbor 11
(a) Assignment of Berths 11
(b) Waiting List for Permanent Slip Assignment 11
(c) Permanent Slip Assignments 11
(d) Permanent and Temporary (Transient) Slip Assignments 12
(e) Notice Upon Arrival 12
(0 Vessel Registration 12
-- 205 MOORAGE RATES 12
(a) Calculation of Moorage Rates 12
(b) Daily Rates 13
(c) Annual Moorage Fees 13
(d) Float Plane Fees 14
210 DOCKAGE 14
(a) Dockage Period 14
(b) Basis for Computing Charges 14
(c) Vessels Docked to Repair, Shore, Outfit or Fumigate 14
(d) Preference to Reserved Dock Use 14
(e) Berth May he Granted Before Payment 16
(f) Charges on Vessel Shifting 16
(g) Charges to Assisting Vessels 16
(h) Notice of Hazardous Cargo and Permit Requirement 16
(i) Dockside Lay Time 16
215 DOCKAGE RATES 16
(a) Daily Dockage Rate 16
(b) Monthly Dockage Rate 17
220 HANDLING, LOADING AND UNLOADING 17
Port and Harbor Tariff Regulations City of Seward, Alaska
Revision Date: November 9, 2009, Effective January 1, 20/0 iii
225 LABOR AND SERVICE CHARGES 17
(a) Specific Services 17
(b) Labor /Personnel 18
(c) Equipment 19
(d) Special Services 19
(e) Miscellaneous Charges 20
230 PASSENGER FEES 20
235 ASSISTANCE TO BOATERS AND OTHER AGENCIES 20
240 BOAT LAUNCH RAMP FEES 20
(a) Operating Policy 20
(b) Launch Fees 21
245 PUBLIC SHOWERS 21
250 50 -TON TRAVELIFT 21
(a) Operating Policy 21
(b) Boat Lift Agreement 21
(c) Responsibilities 21
(d) Dockside Lay Time 22
255 50 -TON TRAVELIFT FEES 22
(a) Description of Charge 22 .{.r
(b) Lift Fee 22
260 250 -TON TRAVELIFT 22
(a) Operating Policy 22
(b) Boat Lift Agreement 22
(c) Responsibilities 23
(d) Dockside Lay Time 23
265 250 -TON TRAVELIFT FEES 23
(a) Description of Charge 23
(b) Lift Fee 23
270 SHIPLIFT FEE 24
(a) Description of Charge 24
(b) Lift Fee �4
(c) Basis for Computing Charges 24
(d) Preference to Reserved Use 24
(e) Berth Maybe Granted Before Payment 25
(f) Inspection of Vessels on the Shiplift Platform 25
(g) Repairs to Vessels on the Shiplift System 25
(h) Notice of Hazardous Cargo and Permit Requirement 25
(i) Dockside Lay Time 26
Port and Harbor Tariff Regulations City of Seward, Alaska
Revision Date: November 9, 2009, Effective January I, 2010 iv
(j) Lift Fee Rates 26
275 DAILY SHIPLIFT LAY CHARGE 26
(a) Description of Charge ?6
(b) Lay Fee 26
(c) Basis for Computing Charges 26
(d) Rate 26
280 UPLAND STORAGE 26
(a) Area of Land Available 26
(b) Calculation of Rates 7 6
(c) Lay Time Rates 26
(d) Empty Cradles /Trailers 27
285 WHARFAGE 27
(a) Application of Charge 27
(b) Overside �7
(c) Overstowed Cargo 27
290 WHARFAGE RATES 27
(a) Schedule of Standard Rates 27
(h) Discount Rates Based on Guaranteed Payments 28
295 WHARF DEMURRAGE 28
(a) Description of Charge �R
(b) Calculation of Free Time 28
(c) Free time 28
(d) Rates 29
(e) Lay -Down Areas 29
Port and Harbor Tariff Regulations City of Seward, Alaska
Revision Date: November 9, 2009, Effective January 1, 2010 v
PREFACE
The purpose of this document is to provide, in a complete but condensed format for public review, the tents, conditions,
rules, regulations, charges, and rates comprising the City of Seward Port and Harbor Tariff, as approved from time to
time by the Seward City Council. Although some text has been rearranged for the purpose of clarification, it does not
reflect any substantive changes to the actual tariff. This document contains, but is not limited to, the City of Seward
Terminal Tariff No. 100 as filed with the Federal Maritime Commission.
Tariff Revisions
The City of Seward Port and Harbor Tariff may be revised in whole or in part from time to time. Upon such revision, the
amended page(s) will show the date of revision in the lower left corner. Requests for missing pages or additional copies
of the tariff may be directed to the Seward City Clerk.
Forms
All forms referenced in this document may be obtained from the Seward City Clerk's Office or the Harbormaster's Office.
Shiplift /SyncroLift fonts are available at Seward Ship's Drydock Office at the Marine Industrial Center. These forms
include, but are not limited to, Vessel Moorage Application, and supplements thereto; Application and Agreement for
Reserved Moorage; Application and Agreement for Transient Moorage; Boat Lift Agreement; Vessel Shiplift Use
Application, and Supplements thereto; Shiplift System Use Permit; Terminal Use Permit; Prepayment Agreement; and
Uplands Storage Agreement.
Explanation of Abbreviations and Characters That May Appear in Tariff
b.m. hoard measure Igth. length
bbl. barrel m.b.m. 1,000 ft. hoard measure
bdl. bundle meas. measure
crt. crate min. minimum IM'O
cs. case misc. miscellaneous
ctn. carton m.t. metric ton
cu.ft. cubic foot or feet no. number
ea. each N.O.S. not otherwise specified herein
f. f. folded flat pkg. package
F.M.C. Federal Maritime Commission sq. ft. square foot or feet
gals. gallons stg. storage
hdlg. handling U.S. United States of America
inc. including, inclusive or incorporated w.t. weight ton of 2,000 lbs.
l.c.l. less than carload w/m weight ton of 2,000 lbs. or cubic ton
of 40 cubic feet
ldg. loading yd. yard
Port and Harbor Tariff Regulations City of Seward, Alaska VOWOW
Revision Date: November 9, 2009, Effective January 1, 20/0 ri
Notice to Public
This tariff is published and filed as required by law and is, therefore, notice to the public, shippers, consignees
and carriers that the rates, rules and charges apply to all traffic for which contract rates have not been arranged.
In addition to this Port and Harbor Tariff, the public, shippers, consignees and carriers using City of Seward
facilities should consult and be aware that the City of Seward Code of Ordinances, including but not limited to
Chapter 9.15 (Fire Prevention and the Uniform Fire Code), Title 14 (Utilities, including Garbage, Refuse,
Water, Electricity and Sewage) and Chapter 7.10 (Ports and Harbors), all as amended, apply and govern where
not specifically provided otherwise in this tariff.
Port and Harbor Tariff Regulations City of Seward, Alaska
Revision Date. Noven her 9, 2009, EjfectiveJanuary 1, 2010 vii
MOM
SECTION 1 - GENERAL RULES AND REGULATIONS
MINIM
Subsection
100 DEFINITIONS - GENERAL
(a) General Terms. Unless provided otherwise in this tariff, applicable definitions set forth in 46 CFR § 515.6
shall control.
(b) City Docks. The city docks of the City of Seward include all docks, floats, slips, wharves, ramps, piers,
bulkheads, dolphins and sea walls owned or operated by the City of Seward.
(c) Float; Float System. Those portions of the city docks located within the Small Boat harbor that rise and
fall with the tide, including the pilings, ramps, ladders and utility connections.
(d) Holidays. In this tariff, whenever reference is made to holidays, the following days are included: New
Year's Day, President's Day, Seward's Day, Memorial Day, Independence Day, Labor Day, Alaska Day,
Veterans Day, Thanksgiving Day, the day immediately following Thanksgiving Day, one -half of the
working day immediately preceding Christmas Day, and Christmas Day. When a holiday falls on a
Saturday, the preceding Friday shall be considered a holiday and, when a holiday falls on a Sunday, the
following Monday will he considered a holiday for the purposes of this tariff.
(e) Permit Holder. A person or business that has a valid Shiplift System Use Permit issued by the City of
Seward. (See "Forms" in the preface of this document.)
(f) Point of Rest. Point of rest is defined as that area on the terminal facility which is assigned for the receipt
of inbound cargo from the vessel and from which inbound cargo may be delivered to the consignee and
that area which is assigned for the receipt of outbound cargo from shippers for vessel loading.
(g) Port of Seward. The Port of Seward comprises the Small Boat Harbor, the Shiplift System and all city
docks and terminal facilities located within the corporate limits of the City of Seward.
(h) Slip. A moorage location within the float system of the Small Boat Harbor. A slip does not include the
float or finger of the float, but only the spaces between or adjacent to it.
(i) Shiplif System. The shiplift located at the Seward Marine Industrial Center and the adjacent rail side
transfer system.
(j) Terminal Facilities. Terminal facilities include all city docks and associated equipment, offices,
warehouses, storage space, roads, paved areas, water banks and shorelines under the management and
control of the City of Seward.
(k) Vessel. In this tariff, whenever reference is made to a "vessel ", the term shall mean any ship or barge, self -
propelled or other than self - propelled.
(I) Moorage. Moorage is the charge assessed to a vessel for berthing in a slip, on a transient dock, or for
tying to a vessel so moored in the small boat harbor or other terminal facilities.
Port and Harbor Tariff Regulations City of Seward, Alaska
Revision Dale: November 9, 2009, Effective January 1, 20/0 1
Subsection
100 (m) Dockage. Dockage is the charge assessed to a vessel for docking at a city dock or terminal facility or for
tying to a vessel so docked. (Sometimes identified as "moorage ")
(n) Handling. handling means the service of physically moving cargo between point of rest and any place
on the terminal facility other than the end of a ship's tackle.
(o) Loading and Unloading. Loading and unloading means the service of loading or unloading cargo
between any place on the terminal and railroad cars, trucks, lighters or barges or any other means of
conveyance to or from the terminal facility.
(p) Wharfage. Wharfage is the charge assessed against any freight placed in a transit shed or on a wharf; or
passing through, over or under a wharf; or transferred between vessels; or loaded to or unloaded from a
vessel at a wharf regardless of whether or not a wharf is used. Wharfage is solely the charge for use of a
wharf and does not include handling, sorting, piling of freight or charges for any other services.
(q) Demurrage. A charge assessed against cargo remaining in or on terminal facilities after the expiration of
free time, unless arrangements have been made for storage.
(r) Free Time. The specified period during which cargo may occupy space assigned to it on terminal
property, free of wharf demurrage or terminal storage charges, immediately prior to the loading or
subsequent to the discharge of such cargo on or off the vessel.
105 APPLICATION OF TARIFF
(a) General Application of Tariff. Rates, charges, rules and regulations provided in this tariff will apply only
to persons and vessels using certain terminal facilities under the jurisdiction and control of the City of
Seward, merchandise received at or shipped from the facilities or properties operated under the
jurisdiction and control of the City of Seward, and specifically to municipal docks, structures appurtenant
thereto and waterways under the management of the City of Seward. The rates, charges, rules and
regulations herein may apply to the Seward Small Boat Harbor, the harbor bounded by the rubble
breakwater at the northwestern head of Resurrection Bay (Small Boat Harbor); the Seward Marine
Industrial Center (SMIC), including yards, basin, docks, dolphins, 250 -ton Travelift, and shiplift
platform; and any other terminal facilities under the jurisdiction and control of the City of Seward.
(b) Tariff Effective. Rates, charges, rules and regulations named in this tariff and any additions, revisions, or
supplements thereto shall apply to all vessels or users and to all freight received at facilities subject to
this tariff on and after revisions, or supplements thereto. Unless otherwise specified all transit freight
received at terminals and undelivered prior to effective dates of tariff, revisions, or supplements thereto,
shall be charged the rates in effect on the date such freight was received until entire lot or shipment has
been withdrawn.
(c) Acceptance of T ariff Use of the docks and terminal facilities of the City of Seward shall be deemed an
acceptance of this tariff and the terms and conditions named herein.
(d) Reservation of Agreement Rights. Right is reserved by the City of Seward to enter into agreement with
carriers, shippers, consignees and /or their agents concerning rates and services, providing such
Port and Harbor Tariff Regulations City of Seward, Alaska ..r
Revision Date: November 9, 2009, Effective January I, 2010 2
Subsection
�.. 105 agreements are consistent with existing local, state and federal law governing the civil and business
relations of all parties concerned.
(e) Compliance with Conditions of Docking and Facility Use. Use of city docks and terminal facilities and
the acceptance of services shall conform to conditions of docking and facility use set forth herein. Only
those operators who have a valid shiplift system use permit shall have access to the shiplift system.
110 APPLICATION OF RATES
(a) Except as otherwise provided herein, rates apply per 2,000 lbs., or per 40 cubic feet as rated by ocean
carrier, or per 1,000 feet board measure, or 42 gallons per barrel of bulk petroleum products corrected to
60 degrees Fahrenheit net, or 376 lbs. per barrel of bulk cement.
(b) Rates provided for commodities herein are specific and may not be applied by analogy. If rates are not
provided for specific commodities, rates to be applied are those established for "Freight N.O.S."
115 INSURANCE
Rates named in this tariff do not include insurance of any kind. The City of Seward shall be under no obligation
to provide any insurance of any type for any vessel, cargo, or liability arising out of use of the city docks,
shiplift system, or terminal facilities. If the City does acquire any such insurance, the charges for that insurance
shall be in addition to fees described in this tariff.
120 RESPONSIBILITY FOR COLLECTION AND GUARANTEE OF CHARGE
(a) Responsibility Jim. Charges. The vessel, its owner or agents, shippers or consignees, owner of the cargo
on the vessel, and, in the case of shiplift operation, the permit holder shall be jointly and severally
responsible for payment of charges named herein and such payment responsibility applies without regard
to the provisions of bills of lading, charter party agreements, vessel repair, contracts or other conflicting
provisions.
(b) Prepayment, Time of Prepayment, Acceptable Security, Refund of Excess. All charges for
services rendered by the City of Seward for the use of docks, shiplift and other terminal facilities are due
and payable in cash in advance of such services or use, as follows:
(1) For all charges attributable to the vessel from its owners or agents before a vessel commences its
loading or discharging.
(2) For all charges attributable to the vessel from the permit holder before a vessel enters the shiplift
system.
(3) For all charges attributable to the cargo from a vessel owner, charterer, shipper or consignee
before the cargo leaves the city docks or terminal facilities.
Port and Harbor Tariff Regulations City of Seward, Alaska
Revision Date: November 9, 2009, EffectiveJamrarp 1, 2010 3
Subsection
IMMO
120 (4) For all charges on perishable goods or freight of doubtful value or household goods. A cash
deposit or acceptable security in an amount equal to 125% of the estimated applicable charges
shall be required to be posted with the City of Seward six days prior to the vessel's scheduled
arrival, or at such other time as may be authorized or directed by the Harbormaster, but in all
cases in advance of actual services rendered. Wherever a cash deposit has been posted, any
excess thereof, after satisfaction of all applicable terminal charges, shall be promptly refunded by
the City of Seward to the posting party.
(c) Waiver of Prepayment Requirement. The Harbormaster, in his sole discretion, may waive the cash -in-
advance requirement as to all or any category or categories of anticipated charges when the party
responsible for such charges has been identified to the satisfaction of the Harbormaster and
(1) That party responsible has established credit worthiness acceptable to the IIarbormaster; or
(2) The permit holder has established credit worthiness acceptable to the Harbormaster; or
(3) Adequate security, acceptable to the Ilarbormaster, has been posted; or
(4) The agent requesting terminal services or use or any other entity acceptable to the Harbormaster as
credit worthy has personally accepted financial responsibility for the applicable charges.
The City of Seward retains the right, in its sole discretion, to determine whether a responsible party or an
agent is credit worthy, and to waive the cash -in- advance requirement. The City may establish guidelines
for determining whether a responsible party or an agent is credit worthy. Compliance with these
guidelines does not create a right to waiver of the cash -in- advance requirement.
(d) Charges on Delinquent Accounts. All invoices, except for damages to City of Seward property, will be
declared delinquent sixty days after the date of the invoice and will be charged interest at the rate of
10.5% per annum. All extra expenses, including legal expenses, litigation costs, or costs of agents
employed to effect collection shall also he assessed to, and payable by such accounts.
125 LIABILITY FOR LOSS OR DAMAGE AND INDEMNITY
(a) Responsibility Limited. Generally, no persons other than employees of the holders of authorized terminal
use permits shall be permitted to perform any services on the wharves or docks, or in any other terminal
facility of the City of Seward, except upon written authorization of the Harbormaster. No persons other
than employees of the holders of authorized shiplift system permits shall be permitted to perform any
services on the shiplift system. Permit holders shall be required to obtain any necessary terminal use
permits prior to performing any services on any other terminal facility of the City of Seward, except upon
written authorization of the Harbormaster. The City of Seward, its employees and agents shall not be
liable for the injury of persons on the city docks, shiplift system, or terminal facilities, nor shall they be
liable for any loss, damage, or theft occasioned by such persons' presence on the city docks, shiplift
system, or terminal facilities, except that the City of Seward shall be liable for any portion of loss or
damage that is directly caused by its own negligence.
Port and Harbor Tariff Regulations City of Seward, Alaska
Revision Dane: November 9, 2009, Effective January 1, 2010 4
Subsection
125 The City of Seward, its employees and agents are not responsible for loss or damage caused by fire, frost,
heat, dampness, leakage, weather damage, evaporation, natural shrinkage, wastage or decay; animals,
rats, mice or other rodents; moths, weevils or other insects; leakage or discharge from fire protection
systems; collapse of buildings or structures; breakdown ofplant protection systems; breakdown ofplant
or machinery or equipment; or by floats, logs, piling or camel logs required in breasting vessels away
from a wharf; nor will they be answerable for any loss or damage or delay arising from insurrection,
shortage of labor, combinations, riots or strikes of any persons in their employ or in the service of others,
or from any consequences arising therefrom, except that the City of Seward shall be liable for any
portion of loss or damage that is directly caused by its own negligence.
Slriplift System. The City of Seward, its employees and agents make no representations or warranties that
the shiplift system is adequate or sufficient for any particular vessel. Further, the City of Seward, by
requiring that only holders of shiplift permits be authorized to utilize the shiplift system, makes no
representations or warranties of any kind that the work, operation, materials, design or other aspects of
the work performed or contracted to be performed by such a permit holder is of good and workmanlike
quality, or in conformance with industry standards. Vessel owners are advised that the City of Seward is
not responsible for and specifically disclaims any liability for work performed or contracted to be
performed by a permit holder, except for those damages caused by the City's own negligence.
The City's inspection, if any, of vessels and placement on cradle systems is done solely for the purpose of
protecting the City's interest and investment in the shiplift system and should not be construed as an
acceptance of any responsibility to inspect or to inspect in any particular manner.
(b) Indemnity. Each user, permit holder, vessel, vessel owner and its agents, shippers or consignees shall
indemnify, defend and hold harmless the City of Seward against any and all claims arising from any
breach or default in performance of any obligation to such parties to be performed under the terms of this
tariff or arising from any act or omission of said parties for all costs, attorneys' fees, expenses, and
liabilities incurred in the defense of any such claim, action or proceeding brought against the City of
Seward except only for those caused by the City's own negligence.
(c) Owner's Risk. All of the following shall be at the owner's risk except for those damages caused by the
City's own negligence:
(1) Glass, liquids and fragile articles will be accepted only at owner's risk for breakage, leakage or
chafing.
(2) Freight on open ground is at owner's risk for loss or damage.
(3) Freight subject to freezing will be accepted only at owner's risk.
(4) All water craft, if and when permitted by the Harbormaster or his authorized agent to be moored
at wharves or alongside of vessels, are at owner's risk for loss or damage.
(5) Any vessel utilizing the shiplift system is at owner's risk for loss or damage.
Port and Harbor Tariff Regulations City of Seward, Alaska
Revision Date: November 9, 2009, Effective January 1, 2010 5
Subsection
130 RIGHTS OF THE CITY OF SEWARD
Without in any way limiting the general authority of the City of Seward, the City shall have the following
powers:
(a) Access to Harbor or Port Facilities. The City shall at all times have the right to refuse access to any city
dock or terminal facility by any person or vessel or to remove any vessel, person or cargo at any time
from any city dock or terminal facility, including the shiplift system. This right shall be reserved at all
times to the City without responsibility for demurrage, loss or damage when:
(1) Previous arrangements for use, space, receiving or unloading have not been made with the
Harbormaster;
(2) The vessel is unsafe or hazardous and may pose a risk to life or property;
(3) The value of the vessel, in the opinion of the harbormaster, is less than the probable service
charges and other charges related to its use of the city dock or terminal facilities;
(4) During periods of congestion, or in cases of emergency, when, in the judgment of the
Harbormaster, the circumstances then prevailing or likely to occur will prevent the city dock or
terminal facilities, or any portion of them, from providing customary services to the public.
(b) Right to Refuse Cargo. In his discretion, the Harbormaster shall at all times have the right to refuse to
accept, receive or unload, or permit a vessel or any vehicle delivering to the terminal facilities to
discharge:
(1) Cargo for which previous arrangements for space, receiving, unloading or handling has not been
made with the Harbormaster by shipper, consignee or vessel.
(2) Cargo not suitably packed for safe transportation.
(3) Cargo deemed by the Harbormaster, in the reasonable exercise of his discretion, to be offensive,
perishable or hazardous. Hazardous cargo must have been prepared for shipment in accordance
with the applicable Department of Transportation regulations (including 49 CFR Parts 171 -179).
(4) Cargo, the value of which may, in the opinion of the Harbormaster, be less than the probable
service charges and other charges related to it.
(5) Cargo, during a period of congestion, or in cases of emergency, when, in the judgment of the
Harbormaster, the circumstances then prevailing or likely to occur will prevent the city docks or
terminal facilities, or any portion of them, from providing customary service to the public.
(c) Right to Schedule Vessels and Cargo. In his discretion, the Harbormaster shall at all times have the right
to schedule access to any harbor or port facility by person or vessel or to remove any vessel, person or
cargo at any time from any city dock or terminal facility, including the shiplift system, in order to provide
for efficient operation of the city docks or terminal facilities and promote the objectives of the Seward
City Code.
Port and Harbor Tariff Regulations City' of Seward, Alaska
Revision Dare: November 9, 2009, Effective January 1, 2010 6
... Subsection
130 (d) Right to Remove, Transfer or Warehouse Cargo.
(1) Hazardous or Offensive Cargo. In his discretion, the Harbormaster shall at all times have the
right to immediately remove all hazardous or offensive cargo, or cargo, which by its nature, is
liable to damage other cargo or city dock or terminal facilities. The cargo may he removed from
its present location to any other location with all expenses and risk of loss or damage to be the
responsibility of the owner, shipper or consignee.
(2) Cargoes beyond free time. Any cargo remaining on city dock or terminal facilities
after expiration of any applicable free time may be removed to public or private warehouses, and
all expense of removal and risk of loss or damage shall be the responsibility ofthe owner, shipper,
consignee or vessel as responsibility may appear on shipping documents, manifests or other
sources.
(e) Right to Withhold Deliver of Freight, Right is reserved by the City of Seward to withhold delivery of
freight until all accrued charges and /or advances against said freight have been paid in full. At the
Harbormaster's discretion, any or all of such freight may be placed in public or private warehouses, and
all cost of removal and subsequent handling and storage shall he the responsibility of the owner of the
freight.
(f) Right to Sell for Unpaid Charges. Freight on which unpaid terminal charges have accrued may be sold
to satisfy such charges and costs, provided such sale has been publicly advertised. Freight of a
perishable nature or of a nature liable to damage other freight may be sold at public or private sale
without advertising, provided the owner has been given proper notice to pay charges and to remove said
freight and has neglected or failed to do so within a prescribed reasonable time.
(g) Explosives. The City of Seward shall not allow the acceptance, handling or storage of explosives within
the confines of the Port of Seward without prior arrangement with the Harbormaster and as governed by
rules and regulations of federal, state and local authorities.
(h) Right to Remove, Transfer or Rearrange Vessels.
(1) Hazardous Vessels or Vessels with Hazardous Cargo. In his discretion, the Harbormaster shall at
all times have the right to immediately remove any hazardous or offensive vessel, or any vessel
containing hazardous cargo, or any vessel containing cargo which by its nature is liable to damage
other vessels or other cargo or harbor or port facilities. The vessel may be removed from its
present location to any other location, and all expenses and risk of loss or damage shall be the
responsibility of the owner, shipper or consignee.
(2) Vessel Beyond Free Time. Any vessel remaining at city dock or terminal facilities after expiration
of any applicable free time may be removed to any other public or private facility and all expenses
of removal and risk of loss or damage shall be the responsibility ofthe owner, shipper, consignee
or vessel.
(3) Movement of Vessels to Reduce Congestion or Maximize Services. In his discretion, the
Harbormaster shall at all times have the right to move or rearrange any vessel from its present
Port and Harbor Tariff Regulations City of Seward, Alaska
Revision Date: November 9, 2009, Effective.lanuar)y 1, 20/0 7
Subsection
130 location to any other location in order to reduce congestion within the harbor or to prevent
disruption of customary services to the public.
(i) Right to Remove Materials or Equipment from City Dock or Terminal Facilities. Any materials,
equipment, trash, or other items left on or about any city dock or terminal facility may be removed by
the Iarbormaster at any time, and all expense of removal and risk of loss or damage shall he the
responsibility of the vessel that last occupied the facility or the owner, shipper or consignee of the
vessel as responsibility may appear on shipping documents, manifests or other sources.
135 REQUESTS AND COMPLAINTS
Any shipper, vessel or vessel agent may make requests and complaints by filing a written statement with the
Harbormaster, City of Seward, P. 0. Box 167, Seward, Alaska 99664.
140 DELAYS - NO WAIVER OF CHARGES
Delays in loading, unloading, receiving or delivering freight, moorage of vessels, or receiving, discharging,
lifting, or transferring vessels on the shiplift system or Travelift as a result of harbor congestion, equipment
failure or breakdown, or of combinations, riots or strikes of any persons in the employ of the City of Seward or
others, or arising from any other cause not reasonably within the control of the City of Seward, will not excuse
the owners, shippers, consignees or carriers of the freight or vessel, or the permit holder, from full service, '.'
wharf demurrage, moorage or other charges or expenses which may be incurred under conditions stated herein.
145 MANIFESTS REQUIRED OF VESSELS
Masters, owners, agents or operators of vessels are required to furnish the City of Seward with complete copies
of vessels' manifests showing names of consignees or consignors and the weights or measurements of all freight
loaded or discharged at the docks or terminal facilities of the City of Seward. Such manifests must be certified
as correct by an authorized official of the company and must also designate the basis of weight or measurement
on which ocean freight was assessed. In lieu of manifests, freight bills containing all information as required
above may be accepted.
Ship's Documents. The Harbormaster may require masters, owners, agents, operators and /or permit holders to
execute a moorage application containing descriptions of the following items: (i) fuel; (ii) ballast; (iii) water;
(iv) cargo; and (v) structural details for lift.
150 SAFETY, SANITATION AND HOUSEKEEPING
(a) Safety and Sanitation. All users of city docks and terminal facilities and all permit holders of the shiplift
system shall exercise due care for the protection of life and property and the protection of the public from
injury or damage.
Port and Harbor Tariff Regulations City of Seward, Alaska —
Revision Date: Norember 9, 2009, Effective January 1, 20/0 8
Additional safety and sanitation rules applicable to docks and terminal facilities, including the shiplift
system, should be consulted. Portions of the City of Seward Code of Ordinances of particular relevance
include Chapter 9.15 (Fire Prevention and Uniform Fire Code), Title 14 (Utilities including Garbage,
Sewer, Refuse, Electricity and Water) and Chapter 7.10 (Ports and Harbors).
Subsection
150 All safety and sanitation laws, regulations and policies of the City of Seward, the Kenai Peninsula
Borough, the State of Alaska, and the United States ofAmerica, including those adopted by international
treaty, apply to city docks and terminal facilities, including the shiplift system. All users, including
shippers, permit holders, vessels and consignees, are hereby warned that the party or parties responsible
for infractions of such laws, regulations or policies will be subject to and responsible for any penalties
that may result from their violation of those laws, regulations or policies.
(b) Notice of Hazardous Cargo and Permit Requirements. Notice shall be given to the Harbormaster of any
vessel carrying cargo which is hazardous, extremely flammable, corrosive, explosive or otherwise poses
a significant risk of harm to property or persons, at least 24 hours prior to landing or use of docks. The
Harbormaster, at his sole discretion, may issue a permit for dock use if he finds that sufficient
precautions have been taken to minimize any potential risks presented by such cargo.
(c) Responsibility for Housekeeping. Users of docks and other terminal facilities, including permit holders
of the shiplift system, will be required to maintain same in an orderly manner as directed by the
Harbormaster. If user does not properly clean property used, the Harbormaster shall order the work
performed, and user will be billed for the services in accordance with the rates set forth in Subsection
225 of this tariff.
(d) Smoking Prohibited. No smoking shall be allowed on any wharf, pier, or the shiplift system, or in any
facility, warehouse or transit shed, except in approved areas specifically designated for that purpose.
Persons violating this rule may be barred, at the discretion of the Harbormaster, from the further use
of any wharf or facility, including the shiplift system, and, in addition, shall be subject to prosecution
under applicable federal, state and municipal laws.
(e) Used /Waste Oil and Petroleum Products. All used /waste oil and petroleum products must be properly
disposed of by the vessel /owner. The City of Seward offers a limited ability to take small quantities of
used oil and petroleum products as a convenience to the boating public. Up to five gallons of used oil
and petroleum products will be accepted by the City in the approved and designated facilities on shore.
There shall be no storage, even of a temporary nature, of used /waste oil or petroleum products on city
docks, wharves, piers or finger floats. Any vessel /owner /agent storing or disposing of used /waste oil in
an inappropriate or illegal manner may be barred from further use of the Seward Small Boat Harbor
and /or penalized according to the provisions of federal, state and local law. Larger quantities of used oil
may be accepted by the Harbormaster upon prior arrangement by written approval on a case -by -case
basis with applicable charges assessed for disposal.
155 RESPONSIBILITY FOR PROPERTY DAMAGE
Users, including permit holders, damaging city docks, the shiplift system or any other property of the City of
Seward will be responsible for the cost of repairs. The user or permit holder will be billed for repairs to
damaged property at cost, including overhead.
Port and Harbor Tariff Regulations City of Seward, Alaska
Revision Date: November 9, 2009, Effective January 1, 20/0 9
160 BULK PETROLEUM PRODUCTS
(a) Application of Tariff Except as otherwise provided in this section, the rates, rules and regulations
published in other sections of this tariff apply to vessels, shippers and consignees of bulk petroleum
products.
Subsection
160 (b) Clearing and Heating Petroleum Lines. Shippers, consignees or vessels and persons in charge thereof
are responsible for providing steam or other heating means to assure the proper flow of asphalt and other
petroleum products requiring heat. Shippers, consignees or vessels and persons in charge thereof will be
responsible for clearing all petroleum products from lines located on or adjacent to any terminal facility
after a vessel completes loading or discharging unless otherwise authorized by the Harbormaster.
In the event the City of Seward performs any of the above named services, rates shall be charged in
accordance with Subsection 225 of this tariff and billed to the shipper, consignee or vessel.
(c) Regulations Governing Petroleum Products. The transfer of bulk petroleum products shall be made in
compliance with Seward City Code provisions, including Chapter 9.15 (Fire Prevention and the Uniform
Fire Code), as well as other local, state and federal laws, rules or regulations.
(d) Housekeeping. Flammable liquids and all hydrocarbons leaked or spilled on wharves shall be cleaned up
immediately. Vessels or consignees shall remove temporary lines immediately upon completion of
receipt or discharge of flammable liquids. Spillage from disconnected lines shall be cleaned up
immediately by vessel or consignee.
Should leakage or spillage of flammable liquids or hydrocarbons occur on the shiplift system, the permit 011011••
holder shall he responsible to see that said leakage or spillage is cleaned up immediately.
Port and Harbor Tariff Regulations City of Seward, Alaska MONO
Revision Date, November 9, 2009, Effective.lmruarp 1, 2010 10
SECTION II - SERVICES AND CHARGES
Subsection
200 MOORAGE
Outside the Small Boat Harbor: Vessels berthing or departing city docks, wharves, or any other terminal
facility, including the shiplift system, must use sufficient tugs so that vessels can be berthed or removed in a safe
manner. Berthing speed shall not exceed sixteen feet per minute, unless approved by the Harbormaster.
Within the Small Boat Harbor:
(a) Assignment of Berths. The Small Boat Harbor is often congested and it is the policy of the City of
Seward to provide for the maximum public use of available facilities. The Harbormaster shall have
discretion to implement that policy.
Berth assignments to particular slips on the City of Seward float system are made by the I larbormaster.
Berth assignments are made to a particular combination of vessel and owner /operator, are not assignable
by the owner /operator and automatically expire upon sale or transfer of the vessel to another
owner /operator.
A berth assignment is not a lease or an exclusive right to occupy any particular slip. In order to
maximize the public's use of existing facilities, it is common for the Harbormaster to temporarily assign
vessels to slips normally used by another vessel when that vessel is out of the harbor.
(b) Waiting List Jim- Permanent Slip Assignment. Due to the demand for slips on the City of Seward float
system, vessels will be assigned permanent slips based on waiting lists maintained by the Harbormaster's
office. Separate waiting lists shall be maintained for the following size floats:
17 feet (accommodates vessel 12 to 21 feet)
23 feet (accommodates vessel 22 to 26 feet)
32 feet (accommodates vessel 27 to 36 feet)
40 feet (accommodates vessel 37 to 44 feet)
50 feet (accommodates vessel 46 to 54 feet)
75 feet (accommodates vessel 55 to 90 feet)
Assignments to a permanent slip from the waiting lists shall be made in January each year by the
Harbormaster based on the slip size available and the most senior name on the waiting list for that size
slip.
There is a fee ofTHIRTY DOLLARS ($30.00) per year per listing on the waiting list(s) for a permanent
slip assignment. The wait list year runs November 1 through October 31.
(c) Permanent Slip Assignments
(1) The Harbormaster may assign a specific slip on the City of Seward float system within the Small
Boat Harbor to a particular vessel on an annual basis.
(2) A permanent slip assignment to a vessel is not a lease or right to occupy a particular slip and may
not be assigned.
Port and Harbor Tariff Regulations City of Seward, Alaska
Revision Date: November 9, 2009, Effective January 1, 2010 II
Subsection
200 (3) To maximize the use of the Small Boat Harbor, a permanently assigned slip may be assigned to a
transient vessel when the permanently assigned owner /vessel is out of the harbor.
(4) Upon the return of the permanently assigned vessel to the Small Boat Harbor (provided proper
notifications are given and based on harbor congestion and the difficulties involved in moving
vessels), the Harbormaster will attempt to rearrange vessels so that a vessel with a permanent slip
assignment may berth at that assigned slip.
(5) A vessel assigned a permanent slip assignment should notify the Harbormaster when departing the
harbor for more than five (5) days. If away from Seward for more than five (5) days, a
permanently assigned vessel should notify the Harbormaster of its intended arrival date and time
back into the Small Boat Harbor.
(d) Permanent and Temporary (Transient) Slip Assignments. There are two types of slip assignments at the
City of Seward Small Boat Harbor. The first is a permanently assigned slip and the second is a transient
slip. Slips that are permanently assigned to a boat /owner may be used for transient moorage when the
permanently assigned vessel is away from the slip.
(e) Notice Upon Arrival. All vessels should notify the Seward Small Boat Harbor office prior to arrival.
Those vessels which have received permanently assigned slips should notify the Harbormaster's office
twenty -four (24) hours prior to expected arrival to allow the harbor staff time to free the slip. If, despite
reasonable efforts, the Harbormaster is unable to clear a permanently assigned slip due to congestion,
high winds or safety considerations, a vessel with a permanently assigned slip may be required to
temporarily use a transient slip or float as directed by the Harbormaster.
Vessels entering the Small Boat Harbor which have not, for any reason, received a berthing assignment
by radio contact or otherwise shall be restricted to the following areas: X float; south side of F float; K
float; L float; and city dock.
If, as is frequently the case during periods of congestion, all of the above berths are full, a vessel is
permitted to raft to a vessel already berthed.
(0 Vessel Registration. All vessels must have a current registration form (Application and Agreement for
Transient Moorage) on file with the Harbormaster. These forms must be filed immediately upon arrival
at the Small Boat Harbor; however, vessels that arrive after normal Harbormaster office hours must
register before 10:00 a.m. the following day.
205 MOORAGE RATES
(a) Calculation of Moorage Rates. Moorage charges shall commence when a vessel is made fast to a wharf,
pier or other facility, or when a vessel is moored to another vessel so berthed ( "rafting "). Charges shall
continue until such vessel is completely freed from and has vacated the berth.
A vessel berthed at any time between 12:01 a.m. and midnight shall be charged a full day's charge;
provided, that the Harbormaster may, in his discretion and with proper and appropriate advance notice,
waive a daily rate for a vessel that will occupy a berth or float for a minimum time, and, provided further,
that the Harbormaster determines that congestion and use of the public facilities by others will not he
adversely affected.
Port and Harbor Tariff Regulations City of Seward. Alaska
Revision Date: November 9, 2009, Effective January 1, 20/0 11
Moorage charges shall be calculated on the overall length of the vessel of the vessel or the length of the
float (slip) assigned, whichever is greater.
(b) Automatic Annual Adjustment in Moorage Rates. All moorage rates shall be adjusted annually so as to
be effective as of January l "`, to reflect the five previous published years' average increase in the
Consumer Price Index, All Items, 1982 -84 =100 for all Urban Consumers, Anchorage, Alaska ( "CPI ") as
published by the United States Department of Labor, Bureau of Labor Statistics. Bills sent out prior to
January l will reflect the upcoming January 1 adjusted rates. (For example, 2010 rates reflect an
increase based on the average CPI for 2003 - 2007).
Subsection
205 Overall length shall be construed to mean the linear distance, expressed in feet, from the most forward
point at the stem to the aftermost part of the stern of the vessel, measured parallel to the base line of the
vessel. The length shall include all hull attachments, such as bowsprits, dinghies, davits, etc.
For billing purposes, overall length of the vessel as published in "Lloyd's Register of Shipping" may be
used. The City of Seward reserves the right to:
(1) Obtain the overall length from the vessel's register, or
(2) Measure the vessel.
(b) Daily Rates. With the exception of vessel owner /operators who have paid an annual, semi- annual,
quarterly, or monthly fee in advance, all temporary or transient moorage charges shall be calculated on
the daily rate. The daily rate shall be $0.56 per lineal foot of overall length.
(c) Annual Moorage Fees. Under the following conditions, a vessel owner /operator may elect to
pay moorage fees on an annual basis in advance: (See Appendix A for a listing of moorage rates
according to vessel length)
(1) The vessel owner /operator has completed an Application and Agreement for Transient Moorage,
or, in the case of a permanently assigned berth, an Application and Agreement for Reserved
Moorage, in the form attached to this tariff.
(2) The vessel owner /operator has paid the annual fee based on the length of the vessel, or, in the case
of a permanently assigned berth, the length of the slip, whichever is greater. The Annual Rate
shall be $42.53 per lineal foot.
(3) Semi- Annual Rate. At the option of the vessel owner /operator, the annual moorage fee may be
paid in two equal semi - annual installments of sixty percent (60 %) of the annual rate established
above. Each prepaid installment described in this Paragraph represents six (6) calendar months.
The first installment is due and payable on the date the vessel owner /operator completes the
Application and Agreement for Transient Moorage, and on or before the first day of any calendar
month. The second installment is due on or before the first day of the calendar month six (6)
months thereafter.
(4) Quarterly Rate. At the option of the vessel owner /operator, the annual moorage fee may be paid
in four equal quarterly installments of forty -five percent (45 %) of the annual rate established
above. Each prepaid installment described in this Paragraph represents three (3) calendar months.
The first installment is due and payable on the date the vessel owner /operator completes the
Application and Agreement for Transient Moorage, and on or before the first day of any calendar
month. The succeeding payments are due on or before the first day of the calendar month every
three (3) months thereafter.
Port and Harbor Tariff Regulations City of Seward. Alaska .»
Revision Date: November 9, 2009, Effective January I, 20/0 13
(5) Monthly Rate. At the option of the vessel owner /operator, the annual moorage fee may be paid in
twelve equal monthly installments of eighteen percent (I 8 %) of the annual rate established above.
Each prepaid installment described in this Paragraph represents one (I) calendar month. The first
installment is due and payable on the date the vessel owner /operator completes the Application
and Agreement for Moorage, and on or before the first day of any calendar month. The
succeeding payments are due on or before the first day of the calendar month every month
thereafter.
Subsection
205 (6) All permanently assigned berths are assigned on a calendar -year basis. Prepayment ofa full year's
charges is due on or before December 31 of the preceding year. A vessel owner /operator may
elect to prepay the annual moorage fee in two semi- annual installments, each of which represents
sixty percent (60 %) of the annual fee due on or before December 31 of the preceding year and
June 30 of the current year. A vessel owner /operator may also elect to prepay the annual moorage
fee in four quarterly installments, each of which represents forty -five percent (45 %) of the annual
fee due on or before December 31 of the preceding year and March 31, June 30, and September
30 of the current year. A vessel owner /operator may also elect to prepay the annual moorage fee
in twelve monthly installments, each of which represents eighteen percent (18 %) of the annual fee
due on or before December 31 of the preceding year and the last day of each month of the current
year.
(d) Float Plane Fees. A fee in the amount of TWENTY SIX DOLLARS AND TWENTY FIVE CENTS
($26.25) per day shall be charged for float plane berthing in the confines of the Small Boat Harbor.
210 DOCKAGE
(a) Dockage Period. Dockage shall commence when a vessel is made fast to a wharf, pier or other facility,
or when a vessel is moored to another vessel so berthed, and shall continue until such vessel is
completely freed from and has vacated the berth. No deductions will be made for Sundays or holidays.
(b) Basis fbr Computing Charges. Dockage charges will be assessed on the overall length of the vessel.
Overall length shall be construed to mean the linear distance, expressed in feet, from the most forward
point at the stem to the aftermost part of the stern of the vessel, measured parallel to the base line of the
vessel.
For dockage billing purposes, overall length of the vessel as published in "Lloyd's Register of Shipping"
will be used. If no such figure appears in "Lloyd's Register ", the City of Seward reserves the right to:
(1) Obtain the overall length from the vessel's register, or
(2) Measure the vessel.
(c) Vessels Docked to Repair, Shore, Outfit or Fumigate. The shiplift dock, adjacent and to the north of the
shiplift system, was constructed and intended primarily to be used for ship repair and maintenance.
Vessels being repaired by ship repair and maintenance businesses occupying upland facilities at the
Seward Marine Industrial Center will therefore be preferred over cargo operations. Full dockage will be
charged if and when a vessel is permitted to make repairs or alterations, shore for special freight, outfit,
store or fumigate while docked at a City dock or terminal facility.
Port and Harbor Tariff Regulations City of Seward, Alaska
Revision Date: November 9, 2009, Effective. January 1, 2010 /4
(d) Preference to Reserved Dock Use. A vessel may be permitted to berth at a City dock or terminal facility
of the City of Seward without having first made written application for a berth assigiunent and without
such an assignment having been granted. However, priority is given to City dock use reserved in
advance with the Ilarbormaster. Further, any vessel seeking a berth at a city dock for a period longer
than six (6) hours must complete, within twenty-four hours of arrival in the harbor, an Application and
Agreement for Transient Moorage (see "Forms" in the preface of this document), or have a current copy
of same on file in the office of the Harbormaster. Any vessel planning to remain at a city dock for a
period of less than six (6) hours must notify the Harbormaster's office of such plan prior to arrival in the
harbor.
Subsection
210 The City docks in the Small Boat Harbor include those adjacent to the fish processor's on -shore facilities,
including the licensed dock area. The dock is to be used first for receiving and delivery of fish and fish
products to the processor's on -shore facilities. In addition, the East SMIC Dock is to be used first for
receiving and delivery of fish and fish products to the processor's on -shore facilities. Reservations
remain effective if such use begins within twenty-four (24) hours of the scheduled use or landing. Late
use or arrival will be rescheduled on a space available basis. Reservation of dock use must specify
arrival and departure dates and the nature and quantity of the freight to be loaded or discharged.
A vessel or vessel agent may secure reserved dock space under the following conditions:
(1) Request for reservation is made on a Vessel Moorage Application (see "Forms" in the preface of
this document), indicating berth and date(s) requested.
(2) Reservation request must be received by the Harbormaster a minimum of seven (7) days prior to
anticipated vessel arrival.
(3) The vessel agent or other person requesting a berth ( "berthing agent ") must provide, as may be
requested by the Harbormaster as a part of the berthing process, to the extent of his knowledge, all
information called for by any Supplement to Vessel Moorage Application (see "Forms" in the
preface of this document) or any other information respecting the vessel including, but not limited
to, its estimated arrival and departure, amount(s) and type(s) of cargo to be loaded /discharged,
estimate of amount of each category of port charges, as enumerated, and party responsible
therefor. The submission of this form, signed by the berthing agent, shall constitute the berthing
agent's attestation as to the accuracy of the information therein supplied, based upon and to the
extent of information made available to the berthing agent at the time of submission; and the
berthing agent shall be held personally liable to the City of Seward for any financial loss suffered
by the City of Seward as a result of the agent's failure to so report accurately.
Should the berthing agent, subsequent to submission of this form, receive information which
materially differs from the information previously provided, and which information the agent
reasonably believes is not equally known to the Harbormaster, it shall immediately notify the
Harbormaster and, if requested by the Harbormaster, promptly file an amended Supplement to
Vessel Moorage Application with the Harbormaster.
(4) Harbormaster will determine availability of dock space and dates requested. Should scheduling
conflicts be found, the Harbormaster shall mediate a resolution which will attempt to minimize
negative impacts on both (or all) parties.
(5) Full dockage fees are payable to the City of Seward at the time of reservation. Prepaid dockage
fees will be non - refundable unless a written cancellation is received by the Port a minimum of
Port and Harbor Tariff Regulations City of Seward, Alaska envoy
Revision Dale: November 9, 2009, Effective January 1, 20/0 15
fourteen (14) days prior to scheduled vessel arrival. (See also Section I, Responsibility for
Charges, Collection and Guarantee of Charge.)
(6) All estimates of terminal charges are subject to approval and /or adjustment by the Harbormaster.
The Harbormaster shall promptly, after receipt of said estimate, advise the berthing agent as to (I)
its approval or adjusted estimate of terminal charges, and (2) whether posting of cash or security
is required for any one or more categories of such charges and the amount thereof.
(7) An agreement is made to work continuously utilizing not less than day and early night shifts (first
and second shifts) and multiple longshore gangs, cranes, and equipment to the fullest extent
available in accordance with circumstances then prevailing.
Subsection
210 (8) In addition to the terms for berth reservation and establishment of financial responsibility as set
forth herein, requests for berth reservation and assignments of berths shall otherwise be in
accordance with all local rules and regulations established by the City of Seward.
(e) Berth May be Granted Before Payment. For safety or other reasons, the City of Seward, in some
circumstances, may grant a vessel a temporary berth before the owner or agent has paid all applicable
charges or otherwise complied with all applicable tariff provisions or conditions of berthing. In such
circumstances, the vessel may unload its cargo only if (I) the Harbormaster determines that a regular
berth is available, and (2) the owner or agent pays all applicable charges and complies with all other
applicable tariff provisions and conditions of berthing. If no regular berth is available or the vessel
owner or agent does not pay all applicable charges and comply with other applicable provisions, the
vessel may not unload its cargo and shall sail on the next tide. The vessel shall be assessed appropriate
fees as set forth in this tariff.
(f) Charges on Vessel Shifting. When a vessel is shifted directly from one wharf or berth to another wharf
or berth operated by the City of Seward, the total time at such berths will be considered together when
computing the dockage charge.
(g) Charges to Assisting Vessels. A single vessel, when actively engaged as a tug boat assisting and made
fast outboard of a vessel loading or discharging cargo, will be accorded free dockage.
NOTE: Tug boats leaving a tended vessel for the purpose of assisting any other vessel shall have waived
its right to free dockage for the entire period of berthing by its tended vessel.
(h) Notice of Hazardous Cargo and Permit Requirement. Notice shall be given to the Harbormaster of any
vessel carrying cargo which is hazardous, extremely flammable, corrosive, explosive or otherwise poses
a significant risk of harm to property or persons at least twenty -four (24) hours prior to landing or use of
docks. The Harbormaster, at his sole discretion, may issue a permit for dock use if he finds that
sufficient precautions have been taken to minimize any potential risks presented by such cargo.
(i) Dockside Lay Time. Dockside lay time may be allowed as scheduling permits. However, all vessels
must be removed from dockside within three (3) hours of receiving notice from the Harbormaster or his
agents.
215 DOCKAGE RATES
(a) Daily Dockage Rate. The charge for dockage for all facilities outside the Small Boat Harbor is as
follows except as otherwise provided:
Overall Length of Vessel Daily Charge Per Foot
Port and Harbor Tariff Regulations City of Seward, Alaska
Revision Dare: November 9, 2009, Effective January 1, 2010 16
Up to 500 ft. $ 0.56
501+ ft. $ 0.56 r..
NOTE: Daily charge is for any period of twenty -four (24) hours. However, in computing dockage
charges for any period of dockage less than twelve (12) hours, dockage charges at one -half (1/2) of one
full day's dockage shall be assessed. For any dockage period greater than twelve (12) hours and less than
twenty -four (24) hours, a full day's dockage shall be assessed.
Subsection
215 (b) Monthly Dockage Rate. A monthly dockage rate equal to one -half (1/2) of the total daily dockage rate
for one month may he granted as follows:
(1) Tug Operators. Vessels employed solely in the business of providing tug service to vessels
calling at any dock or terminal facility of the City of Seward may apply to the Harbormaster for
monthly dockage rates.
(2) Vessels Under Repair. Subject to scheduling requirements, the Harbormaster may, upon request,
allow prepayment of a monthly dockage rate at the Shiplift Dock subject to all of the following
conditions:
(i) The monthly rate shall only apply to vessels that use the dock solely for vessel maintenance
and repair; and
(ii) The monthly dockage rate is paid in advance by a full 30 days; and
(iii) The user shall not he entitled to a refund for any reason including user's departure during
the 30 -day period or rescheduling of the dock use by the Harbormaster to other vessels in need of
repair or maintenance.
(c) Automatic Annual Adjustment in Dockage Rates. All dockage rates shall be adjusted annually
so as to be effective as of January 1 s1 , to reflect the five previous published years' average increase
in the Consumer Price Index, All Items, 1982 -84 =100 for all Urban Consumers, Anchorage,
Alaska ( "CPI ") as published by the United States Department of Labor, Bureau of Labor Statistics.
Bills sent out prior to January 1 will reflect the upcoming January 151 adjusted rates. (For
example, 2010 rates reflect an increase based on the average CPI for 2003 - 2007).
220 HANDLING, LOADING AND UNLOADING
Handling, loading and unloading services are provided by independent agents at all terminal facilities covered
by this tariff. A Terminal Use Permit is required and available to any qualified agent desiring to provide
longshore services at the terminal facilities of the City of Seward in the form attached to this tariff.
225 LABOR AND SERVICE CHARGES
A labor and service charge is assessed, in addition to any other charges set forth in this tariff, for all labor
performed by City personnel and for specific services provided by the City of Seward or its agents. Service
charges do not include charges for dockage, wharfage, wharf demurrage or handling.
(a) Specific Services. The following rates shall apply for services provided by the City of Seward:
(I) Potable water furnished to vessels
(i) Less than 1,000 gallons from harbor facilities not requiring City assistance or use of fire
hydrant: NO CHARGE.
Port and Harbor Tariff Regulations City of Seward, Alaska ...+
Revision Date: November 9, 2009, Effective January 1, 20/0 17
(ii) All service in excess of 1,000 gallons:
(1) During regular business hours: BASIC CONNECT CIIARGE - $52.50.
(2) Outside regular business hours: BASIC CONNECT CHARGE - $105.00.
(iii) In addition to (ii) above, a variable rate of $6.32/1,000 gallons shall be charged for potable
water.
Subsection
225 (2) Electricity - Small Boat Harbor
(i) All Vessels (except Transient Vessels staying 15 consecutive days or less.
Connect fee $ 21.00
Electricity (per kilowatt hour) 125% of cost
Customer charge (per month) $15.75
(ii) Transient Vessels staying 15 consecutive days or less
Connect Fee .. None
Electricity (daily rate)
120 volt $1 0.00
208 volt /single phase $20.00
208 volt /three phase $40.00
*MEV Customer charge (per month) None
(3) Electricity - Seward Marine Industrial Center
(i) Connect fee $21.00
(ii) Electricity (per kilowatt hour) $ 0.19 plus fuel adjustment factor
(iii) Customer charge (per month) $15.75
(4) Towing inside Small Boat Harbor - $52.50 plus labor
(5) Pumping vessel - $31.50 plus labor
(6) Used Oil, filter and sorbent disposal
Over 5 gallons 0.53 per gallon plus labor and equipment
Filters, sorbents 10.50 per barrel or portion thereof plus labor and equipment
(b) Labor /Personnel
(1) When labor is furnished by the City at the request of a user, it is expressly stipulated that the City
acts solely as agent of the user. The City shall charge for labor provided by the City for the
following services:
(i) All services not specifically described in this tariff;
Port and Harbor Tariff Regulations City of Seward, Alaska
Revision Date: November 9, 2009, Effective Jan 1, 20/0 18
(ii) Services of loading, unloading or transferring cargo for which no specific commodity rates
are provided and which cannot be performed at the rates named under N.O.S., and cargo in
packages or units of such unusual bulk, size, shape or weight as to preclude performing
such services at rates named under individual items contained in this tariff;
(iii) Services for which no specific commodity rates are provided and any other services for
which specific rates are named in this tariff but which, because of unusual conditions or
requirements of shippers not normally incidental to such services, preclude the
performance;
(iv) Services of cleaning city docks, or terminal facilities, of dunnage, stevedore gear and other
equipment or material when the shipper, vessel owner or consignee fails to promptly clear
the facility as requested by the Harbormaster;
Subsection
225 (2) Rates named in this tariff for services involving labor are predicated upon straight -time wages for
a workday between the hours of 8:00 a.m. and 5:00 p.m., Monday through Sunday. When over-
time or penalty time wages to labor are necessary, rates are adjusted to include such penalties or
differential rates.
When a user notifies the Harbormaster of a request for labor for a specified time, and labor is on
the job and ready for work at that time, the use shall be charged from the time the labor is ready
for work until the work is concluded even if the work is delayed, provided such delay was not the
fault of the City.
(3) All labor provided by City personnel shall be charged at FIFTY TWO DOLLARS AND FIFTY
CENTS ($52.50) per hour straight -time (no premium) and SEVENTY -EIGHT DOLLARS AND
SEVENTY FIVE CENTS ($78.75) per hour overtime. Work requiring call -outs shall be charged
at a minimum of two hours at the overtime rate.
(c) Equipment. When the City utilizes City equipment to provide services under this subsection, it will
charge users for the cost of that equipment on an hourly basis at the rates charged capital projects within
the City of Seward for similar equipment.
(1) Loader 568.25 plus operator
(2) Grader $68.25 plus operator
(3) Oil Tanker $47,25
(4) Pickup Truck $ 8.40 plus operator
(5) Crane Truck $12.60 plus operator
(6) Flatbed Truck $15.75 plus operator
(7) Dump Truck $47.25 plus operator
(8) Back Hoe $31.50 plus operator
(9) Pumps 53I.50 plus labor
Port and Harbor Tariff Regulations City of Seward, A laska —
Revision Date: November 9, 2009, Effective January 1, 20/0 19
(10) Smart Ash Burner $31.50 plus labor
(1 1) Misc. Power Equipment $31.50 plus labor
(d) Special Services. Except where otherwise required by law, the Harbormaster has the authority to refuse
to provide or to arrange for the provision of services in addition to those set out in Paragraph (a) above.
Special services, including waste, or garbage disposal shall he billed at the City's actual cost plus 35%
administrative overhead charges (including City labor costs as determined in Paragraphs 2 and 3 above)
plus 125% of City costs for services arranged for by the City but provided by others. Special services
shall not include the taking or handling of sewage of any kind. Sewage disposal must be accomplished
by the vessel owner or his agent pursuant to federal, state and local (City of Seward) laws, codes and
ordinances.
Subsection
225 (e) Miscellaneous Charges
(1) Meter test, each., when previous test occurred
within 24 months $ 52.50
(2) Reconnection to approved existing meter installation during
regular business hours (8:00 a.m. - 5:00 p.m.) $ 22.05
(3) Reconnection to approved existing meter;
installation outside regular business hours $147.00
(4) Deposit $105.00
(5) Tampering with or unauthorized breaking of meter seal $525.00
(6) Dishonored check fee $35.00
(7) Reconnection after disconnect of delinquent account $ 42.00
230 PASSENGER FEES
(a) Fee. In addition to other tariff provisions, the terms and conditions of this item apply and charges are
assessed to passenger vessels, sport fishing vessels, guide and outfitter vessels, and all other vessels carrying
passengers for compensation. A passenger fee of $3.50 per passenger shall be paid for each passenger
embarking or disembarking a vessel at a City Dock, as such term is defined in subsection 100 hereof. The
passenger fee is assessed once per passenger per excursion regardless of whether the passenger excursion is
one -way or round -trip. As used in this subsection, `compensation" means payment to the vessel owner or
operator whether by charter or through fares paid by or on behalf of passengers. (Res.2000 -093)
(b) Filing of forms and payment ()flees. Prior to January 1 of each year, operators of affected passenger
vessels shall complete a passenger fcc registration form provided by the City. Passenger fees shall be paid and
reported to the City monthly, on a form, and in a manner, provided by the City, within 30 calendar days of the
month following the month for which the fees are due. The City may require more or less frequent filing,
depending on the account status of the filer. A return must be filed every period, even if no transactions have
Port and Harbor Tariff Regulations Cite of Seward, Alaska
Revision Date, November 9, 2009, EffctiveJanuary 1, 2010 20
occurred. Failure to file a return is subject to a missed filing fee of S25 for each missed filing. Failure to remit
all taxes collected or later found to be due by the due date, is subject to a penalty in the amount of 10% of the
amount owed, plus interest charged at the maximum rate allowed by law per year, compounded monthly.
(c) Failure to file. When an operator fails to file a return, or when the city manager finds that a return filed by
an operator is not properly supported, the city manager may prepare and file a return on behalf of the operator.
Passenger fees estimated on a return filed on behalf of the operator may be premised upon any information that
is available to the city manager including, without limitation, comparative data for similar businesses. An
operator for whom an involuntary return is filed under this subsection shall be liable for the passenger fees
stated on the return as well as any applicable penalties and interest as stated in 230 (b).
235 ASSISTANCE TO BOATERS AND OTHER AGENCIES FEES
In addition to other tariff provisions, when the City uses city equipment and personnel to provide assistance
(such as towing), to vessels outside of the Small Boat Harbor, the Harbormaster will charge users of those
services ONE HUNDRED THIRTY ONE DOLLARS AND TWENTY FIVE CENTS ($131.25) per hour for
the first hour, or any part thereof, and any services beyond the first hour at 150% of the City's actual costs,
including city labor costs as determined in Subsection 225 of this tariff.
240 BOAT LAUNCH RAMP FEES
(a) Operating Policy. The City owns and provides access to public launch ramps. Access to those ramps is
generally on a first -come, first- served basis, but the Harbormaster may deviate from that policy or
refuse access to a ramp when, in his judgment, the public interest would be served according to his
determination of the following factors:
(1) The degree of existing or potential congestion in the harbor including upland storage areas and
whether the proposed launch or retrieval will affect that congestion; and
(2) Whether the launch or recovery poses a risk of loss of public or private property.
Subsection
240 (b) Launch Fees. Vessels shall be charged TEN DOLLARS ($10.00) per launch from the public launch
ramps, or vessel owners or operators may obtain an annual launch permit sticker for ONE HUNDRED
DOLLARS ($100.00) entitling a specific vessel and owner to launches from January 1 through
December 31 of each year. This fee excludes vessels propelled solely by human power, which shall pay
FIVE DOLLARS ($5.00) per launch, or FIFTY DOLLARS ($50.00) for an annual launch permit.
Annual fees shall not be prorated, and the Harbormaster will issue annual permits upon receipt of a
completed application and payment therefor.
245 PUBLIC SHOWERS
Public showers are available twenty -four hours a day in the restroom facilities located in the Harbormaster's
building. The showers are coin - operated, and the fee is TWO DOLLARS ($2.00) (eight quarters) for 7 minutes.
Change is available in the Harbormaster's office during regular business hours.
250 50 -TON TRAVEL] FT
(a) Operating Policy. The City owns and operates a 50 -ton Travelift in the Small Boat Harbor. The
Harbormaster generally schedules vessel lifts on a first -come, first - served basis, but he may deviate from
Port and Harbor Tariff Regulations City of Seward, Alaska
Revision Dale: November 9, 2009, Effective January 1, 20/0 21
that policy or refuse a lift when, in his judgment, the public interest would be served. In making this
public interest finding, the Harbormaster will consider the following factors:
(1) The degree of existing or potential congestion in the harbor, including upland storage areas, and
whether the proposed lift will affect that congestion; and
(2) Whether the lift poses a risk of loss of public or private property, including potential damage to
the Travelift or other city property and /or a risk of injury to people.
(b) Boat Lift Agreement. No vessel shall be lifted front land or water without a boat lift agreement (in the
form attached to this tariff) having first been completed. It shall be the responsibility of the vessel
owner /operator arranging the lift to provide the Ilarbormaster with all relevant information to conduct a
safe lift including, but not limited to, the following:
(I) Vessel displacement;
(2) Vessel hull type and configuration;
(3) Location of all hull attachments and through- the -hull fittings including propeller shafts, rudders,
etc.;
(4) Location, weight and type of ballast, fuel and water tanks; and
(5) Any special lift requirements to avoid vessel damage.
(c) Responsibilities. The vessel owner /operator, or his agent, must be present during all vessel lifts and must
inspect and approve the City's proposed placement of lift slings, lines and destination location. It is the
responsibility of the vessel owner /operator, or his agent, to provide all blocking materials, to block the
vessel, and to approve the placement of the vessel on said blocking. It is also the responsibility of the
vessel owner /operator, or his agent, to assure that any vessel cradles or trailers upon which the vessel is
to be placed are adequate in design and strength to safely accommodate the vessel.
It is the responsibility of the vessel owner /operator to assure that adequate handling lines are placed and
manned on the vessel upon its return to the water.
Subsection
250 (d) Dockside Lay Time. Dockside lay time may be allowed as scheduling permits. However, all vessels
must be removed from dockside within three (3) hours of receiving notice from the Harbormaster or his
agents.
255 50 -TON TRAVELIFT FEES
(a) Description of Charge:. The lift fee is the charge for lifting a vessel from the water or the land utilizing
the City's 50 -ton Travelift. A separate lift fee is generated whenever a vessel is lifted, even if it is only
lifted and relocated on land. Lift fees do not include overtime labor charges for operation of the
Travelift system as described in Subsection 225 of this tariff.
(b) Lift Fee
(1) Minimum Fee. The minimum fee for a lift shall be TWO HUNDRED THIRTY SIX DOLLARS
AND TWENTY FIVE CENTS ($236.25) for the first hour of use or any portion of time Tess than
one hour. The lift fee will he determined by the overall length of the vessel. A full lift fee is
Port and Harbor Tariff Regulations City of Sewa d, Alaska
Revision Dale: November 9, 2009, Effective January 1, 2010 22
earned once a lift has commenced, even if that lift is subsequently interrupted, suspended or
canceled for any reason. The risk of loss because of a suspended or canceled lift by reason of
mechanical failure or difficulty with the Travelift system is the responsibility of the vessel 0111111111P
owner /operator. Once a lift is scheduled and the boat owner fails to show or cancel the lift at least
one hour prior to the scheduled lift time, the minimum lift fee will be charged.
(2) Additional Lift Fee Rates for Large Vessels. In addition to the minimum fee, the lift fee shall be
TWENTY ONE DOLLARS ($21.00) per foot of vessel length for each foot over fifty (50) feet
during the first hour of use or any portion of time less than one (1) hour.
(3) Second and Additional Hours of Lift. All time in excess of one (1) hour shall be charged in
fifteen (15) minute increments at the rate of FIFTY -NINE DOLLARS AND SIX CENTS
($59.06) per one - quarter (1/4) hour or any portion of time less than one - quarter (1/4) hour.
(4) Relocation Fee. Relocation of all vessels on the uplands shall be charged at a rate of TWO
HUNDRED THIRTY SIX DOI.I,ARS AND TWENTY FIVE CENTS ($236.25) per hour.
260 250 -TON TRAVELIFT
(a) Operating Policy. The City owns and operates a 250 -ton Travelift in the Seward Marine Industrial
Center. The Harbormaster generally schedules vessel lifts on a first -come, first - served basis, but he may
deviate from that policy or refuse a lift when, in his judgment, the public interest would be served. In
making this public interest finding, the Harbormaster will consider the following factors:
(1) The degree of existing or potential congestion in the harbor, including upland storage areas, and
whether the proposed lift will affect that congestion; and
(2) Whether the lift poses a risk of loss of public or private property, including potential damage to
the Travelift or other city property and /or a risk of injury to people.
(b) Boat Lift Agreement. No vessel shall be lifted from land or water without a boat lift agreement (in the
form attached to this tariff) having first been completed.
It shall be the responsibility of the vessel owner /operator arranging the lift to provide the Harbormaster
with all relevant information to conduct a safe lift including, but not limited to, the following:
Subsection
260 (1) Vessel displacement;
(2) Vessel hull type and configuration:;
(3) Location of all hull attachments and through- the -hull fittings including propeller shafts, rudders,
etc.
(4) Location, weight and type of ballast, fuel and water tanks; and
(5) Any special lift requirements to avoid vessel damage.
(c) Responsibilities. The vessel owner /operator, or his agent, must be present during all vessel lifts and must
inspect and approve the City's proposed placement of lift slings, lines and destination location. It is the
responsibility of the vessel owner /operator, or his agent, to provide all blocking materials, to block the
vessel, and to approve the placement of the vessel on said blocking. It is also the responsibility of the
Port and Harbor Tariff Regulations City of Seward, 4 laska
Revision Date: November 9, 2009, Effective January 1, 2010 23
vessel ownerioperator, or his agent, to assure that any vessel cradles or trailers upon which the vessel is
to be placed are adequate in design and strength to safely accommodate the vessel.
It is the responsibility (tithe vessel owner /operator to assure that adequate handling lines are placed and
manned on the vessel upon its return to thc water.
(d) Dockside Lay Time. Dockside lay time may be allowed as scheduling permits. However, all vessels
must be removed from dockside within three (3) hours of receiving notice from the Harbormaster or his
agents.
265 250 -TON TRAVELIFT FEES
(a) Description of Charge. The lift fee is the charge for lifting a vessel from the water or the land utilizing
the City's 250 -ton Travelift. A separate lift fee is generated whenever a vessel is lifted, even if it is only
lifted and relocated on land. Lift fees do not include overtime labor charges for operation of the
Travelift system as described in Subsection 225 of this tariff.
(b) Lift Fee
(1) Minimum Fee. The minimum fee for a lift on the 250 -ton Travelift shall be THREE HUNDRED
FORTY SIX DOLLARS AND FIFTY CENTS ($346.50) for the first hour of use or any portion
of time less than one (1) hour. The overall length of the vessel will determine the lift fee. A full
lift fee is charged once a lift has commenced, even if that lift is subsequently interrupted,
suspended or canceled for any reason. The risk of loss because of a suspended or canceled lift by
reason of mechanical failure or difficulty with the Travelift system is the responsibility of the
vessel owner /operator. Once a lift is scheduled and the boar owner fails to show or cancel the lilt
at least one hour prior to the scheduled lift time, the minimum lift fee will be charged.
(2) Additional Lift Fee Rates for Large Vessels. For all vessels over FIFTY FIVE (55) feet in length,
an additional TWENTY ONE DOLLARS ($21.00) shall be charged for each foot of vessel length
over fifty five (55) feet during the first hour of use or any portion of time less than one (1) hour.
(3) Second am/ Additional Hours of Lift. For use of a lift in excess of one (1) hour, a fee of THREE
HUNDRED FORTY SIX DOLLARS AND FIFTY CENTS ($ 346.50) per hour shall be charged.
This charge shall be assessed in not less than fifteen (15) minute increments of EIGHTY SIX
DOLLARS AND SIXTY THREE CENTS ($56.63) and shall be generated per one - quarter (1/4)
hour or any portion of time Tess than one - quarter (1/4) hour.
Subsection
265
(4) Relocation Fee. Relocation of all vessels on the uplands shall be charged at a rate of THREE
HUNDRED FORTY SIX DOLLARS AND FIFTY CENTS ($346.50) per hour.
270 SHIPLIFT FEE
(a) Description of Charge. The shiplift fee is the charge for lifting a vessel from thc water and returning it to
the water utilizing the shiplifl.
w-- Port and Harbor Tariff Regulations City of Seward, Alaska
Revision Date: November 9, 2009, Effective January 1, 2010 24
(b) Lift Fee. The shiplift fee shall be based upon vessel length. A full shiplift fee is earned once a lift has
commenced, even if that lift is subsequently interrupted, suspended or canceled for any reason. The risk
of loss because of a suspended or canceled lift by reason of mechanical failure or difficulty with the ■
shiplift system is the responsibility of the permit holder and the vessel owner.
(c) Basis for Computing Charges. The shiplift fee will be determined by the overall length of the vessel.
Overall length shall be construed to mean the linear distance, expressed in feet, from the most forward
point at the stem to the aftermost part of the stern of the vessel, measured parallel to the base line of the
vessel.
For shiplift fee purposes, overall length of the vessel as published in "Lloyd's Register of Shipping" will
be used. If no such figure appears in "Lloyd's Register ", the shiplift operator reserves the right to:
(1) Obtain the overall length from the vessel's register, or
(2) Measure the vessel.
(d) Preference to Reserved L /se. Priority is given to shiplift use reserved in advance with the shiplift
operator. Reservations remain effective if such use begins within twenty -four (24) hours of the
scheduled use. Late use or arrival will be rescheduled on a space - available basis. Reservations must
specify arrival and departure dates and the nature of the work to be performed.
A permit holder may secure a reservation under the following conditions:
(1) Request for reservation is made on a Vessel Shiplift Use Application (see "Forms" in the preface
of this document) indicating rail and date(s) requested.
(2) Reservation request must be received by the shiplift operator a minimum of 7 days prior to
anticipated vessel arrival.
(3) The permit holder must provide, as may be requested by the shiplift operator as a part of the
lifting process, to the extent of his knowledge, all information called for by any Supplement to
Shiplift Use Application (see "Forms" in the preface of this document) or any other information
respecting the vessel including, but not limited to, its estimated arrival and departure, amount(s)
and type(s) of cargo on board, and estimate of amount of each category of port charges, as
enumerated. The submission of this form, signed by the permit holder or his agent, shall
constitute the permit holder's attestation as to the accuracy of the information therein supplied;
and the permit holder shall be held personally liable to the shiplift operator and the City of Seward
for any financial loss suffered by the shiplift operator and City of Seward as a result of the permit
holder's failure to so report accurately.
Subsection
270 Should the permit holder, subsequent to submission of this form, receive information which
materially differs from the information previously provided, and which information the permit
holder reasonably believes is not equally known to the shiplift operator, it shall immediately
notify the shiplift operator and, if requested by the shiplift operator, promptly file an amended
Supplement to Shiplift Use Application with the shiplift operator.
(4) Full lift fees are payable to the shiplift operator at the time of reservation. Prepaid lift fees will be
non - refundable unless a written cancellation is received by the shiplift operator a minimum of
Port and Harbor Tariff Regulations City of Seward, Alaska ..r
Revision Date: November 9, 2009, Effective January 1, 2010 25
fourteen (14) days prior to scheduled vessel lift. (See also Section I, Responsibility for Charges,
Collection and Guarantee of Charge.)
(5) All estimates of charges are subject to approval and/or adjustment by the shiplift operator. The
shiplift operator shall promptly, after receipt of said estimate, advise the permit holder as to (1) its
approval or adjusted estimate of lift charges, and (2) whether posting of cash or security is
required for any one or more categories of such charges and the amount thereof.
(6) An agreement is made to work continuously on moving the vessel through the shiplift system
utilizing not less than day and early night shifts (first and second shifts) and equipment to the
fullest extent available in accordance with circumstances then prevailing.
(7) In addition to the terms for lift reservation and establishment of financial responsibility as set forth
herein, requests for lift reservation and assignments oflifts shall otherwise be in accordance with
all local rules and regulations established by the City of Seward.
(e) Berth May be Granted Before Payment. For safety or other reasons, the shiplift operator, in some
circumstances, may allow the lift of a vessel before the permit holder or agent has paid all applicable
charges or otherwise complied with all applicable tariff provisions or conditions of lifting.
(f) Inspection of Vessels on the shiplift Platform. Except in extraordinary circumstances and with the prior
approval of the Harbormaster, vessels are not to be inspected on the shiplift platform. All vessels are to
be lifted utilizing a moveable cradle system. Inspections of lifted vessels are to be limited to ascertaining
that a vessel is properly positioned on a cradle system and ready to be moved through the shiplift system
to a repair booth.
(g) Repairs to Vessels on the Shiplifl System. Vessels may not occupy the shiplift system for the purposes of
repairs to the vessel. THERE ARE TO BE NO VESSEL REPAIRS MADE ON THE SHIPLIFT
SYSTEM. The shiplift system is to be used only for the movement of vessels to a repair berth off the
system or the return of a vessel from a repair berth to the water. A vessel that is not being moved will be
permitted to occupy space on the shiplift only with the understanding that it shall be moved when the
shiplift system is needed for any reason, including maintenance of the system. A vessel on notice to
move which refuses to move will be assessed lay charges at TEN (10) times the normal rate, starting at
the time the vessel is noticed to vacate. In addition, vessels refusing to vacate on demand may be moved
by shiplift operator personnel or otherwise, and any expenses, damages to vessel or to other vessels or
shiplift system during such removal shall be charged to the vessel so moved. All vessels using the
shiplift system without proper authorization must be removed on receipt of notice from the Harbormaster
of his agents.
(h) Notice of Hazardous Cargo and Permit Requirement. Notice shall be given to the shiplift operator at the
time of reservation of the fuel, ballast and any unusual weight distribution or structural requirements for
lifting each vessel. Notice shall be given of any vessel carrying cargo which is hazardous, extremely
flammable, corrosive, explosive or otherwise poses a significant risk of harm to property or persons at
Subsection
270 least twenty -four (24) hours prior to landing or use of the shiplift system. The shiplift operator, at his
sole discretion, may issue a permit for shiplift system use if he finds that sufficient precautions have been
taken to minimize any potential risks presented by such vessel.
(i) Dockside Lay Time. Dockside lay time may be allowed as scheduling permits. However, all vessels
must be removed from dockside within three (3) hours of receiving notice from the shiplift operator or
his agents.
Port and Harbor Tariff Regulations City of Seward, Alaska
Revision Date: November 9, 2009, Effective January 1, 2010 26
(j) Lift Fee Rates. The lift fee shall be TEN DOLLARS AND FIFTY CENTS ($10.50) per foot of vessel
length. This fee does not include labor charges for operation of the shiplift system as described in
Subsection 225. This fee does not include any daily lay charge as described in Subsection 265.
275 DAILY SHIPLIFT LAY CHARGE
(a) Description of Charge. The daily lay charge is the charge for vessels either on the shiplift system or
upland of the shiplift system on repair berths.
(b) Lay Fee. Daily lay charges shall be based on the number of complete or partial days a vessel is on the
shiplift system or upland of the system. Each day commences at 12:01 a.m. In computing daily lay
charges for less than 12 hours, lay charges at one -half (1/2) of one full day's charge shall be assessed.
For any lay time greater than 12 hours and less than 24 hours, a full day's lay charge shall be assessed.
(c) Basis for Computing Charges. The daily charges shall be assessed against a vessel regardless of vessel
size or length.
(d) Rate. The daily charge is TWO HUNDRED TEN DOLLARS ($210.00) per day or a portion thereof.
Vessels using side rails shall be assessed a lay charge of THREE HUNDRED FIFTEEN DOLLARS
($315.00) per day or a portion thereof.
280 UPLAND STORAGE
(a) Area of Land Available. The City of Seward will make available a limited area of land in the Small Boat
Harbor and the Seward Marine Industrial Center (SMIC) for storage of boats or boats on trailers subject
to the following conditions:
(I) Space is made available on a first - cone, first served basis.
(2) No vessel or trailer may be placed on the designated upland storage area without prior permission
of the Harbormaster.
(3) Subject to City of Seward policy and procedures, vessels undergoing active repairs may use
upland storage space. Charges assessed depend upon the nature of work being conducted.
(b) Calculation of Rates. Charges shall be based on the overall length of the vessel or trailer (whichever is
greater) and shall be based on a per- calendar -month charge.
(c) Lay Time Rates
(1) Small Boat Harbor. Lay time for upland storage in the Small Boat Harbor shall be charged at a rate
of NINE DOLLARS AND NINETEEN CENTS ($9.19) per day for stays of ten (10) days or less in any
calendar month. For stays of eleven (11) days or more in any calendar month, the lay time shall be
charged at a rate of NINETY ONE DOLLARS AND EIGHTY EIGHT CENTS ($91.88) per calendar
month for a vessel, trailer or cradle up to fifty (50) feet in length. The monthly charges for larger vessels
shall include an additional ONE DOLLARAND FIFTY EIGHT CENTS($1.58) per foot for each foot
over fifty feet in length.
Subsection
Port and Harbor Tariff Regulations City of Seward, Alaska ....
Revision Date: November 9, 2009, EffectiveJanuar' 1, 2010 27
(2) Seward Marine Industrial Center. Lay time for upland storage in the Seward Marine industrial
Center shall be charged at a rate of ten cents ($0.10) per linear foot of the overall length of the
vessel per calendar day. For stays of longer than one year, the lay time shall be charged at a rate of
twenty cents ($0.20) per linear foot of the overall length of the vessel per calendar day after one
year.
(d) Empty Cradles /Trailers and Equipment. For purposes of this tariff, a vessel trailer or cradle or
equipment stored beyond a 10 foot radius of the vessel shall be measured and charged thirty cents
($0.30) per square foot per calendar day. Cradles, trailers or equipment placed or remaining on the
upland storage area prior to or after a vessel is stored shall generate storage fees at this rate.
285 WHARFAGE
(a) Application of Charge. Wharfage rates named in this tariff will be charged for all merchandise received
over the city docks of the City of Seward and will be in addition to all other charges made under
provisions of this tariff, EXCEPT:
No wharfage shall be charged to ship's gear, such as strongbacks, lines, hatch covers, walking boards,
etc., placed on wharf during unloading operations. Fuel handled over wharf will not be considered as
ship's stores and will he subject to wharfage and other charges that may be incurred.
(b) Over -side. One -half of wharfage named herein will be charged to merchandise discharged or
loaded over -side of vessel directly to or from another vessel or to the water when vessel is berthed at a
wharf.
(c) Over - stowed Cargo. Over - stowed cargo destined for discharging at another port will be exempt of
wharfage charges, provided that such cargo is not removed from wharf prior to reloading to the vessel.
290 WHARFAGE RATES
(a) Schedule of Standard Rates. Except as otherwise specifically provided, rates are in dollars per ton of
2,000 pounds or per 40 cubic feet.
Commodity Wharfage Rate
Freight N.O.S $ 3.15
Scrap (iron, steel) $ 3.15
Raw fish, unprocessed $ 3.15
Subsection
290 Poles, logs, cants or cut finished lumber
per MBM (Note: 2,000 lbs shall be deemed 1 MBM $ 3.15
Petroleum products (inbound) per barrel $ 0.18
Petroleum products (outbound) per barrel $ 0.25
Petroleum products (gasoline) per gallon $ 0.0105
Plastic material $ 4.20
Port and Harbor Tariff Regulations City of Seward, Alaska
•... Revision Date: November 9, 2009, Effective January 1, 2010 28
Explosives $ 26.25
Vans or containers (net contents weight) $ 2.10
Vehicles (gross vehicle weight $ 5.25
Bulk gravel $ 0.26
Bulk salt $ 0.89
(b) Discount Rates Based on Guaranteed Payments. Upon approval by the Seward City Council, those
shippers who guarantee minimum levels of wharfage payments regardless of actual shipments may obtain
a written prepayment agreement (in the form attached to this tariff). The discounted rates shall be as
follows based on a guaranteed annual payment of at least $250,000 regardless of volume shipped:
'limber and timber products, first 100,000 tons $ 1.58 /ton
Next 80,000 tons $ 1.31 /ton
Excess over 180,000 tons $ 0.53 /ton
295 WHARF DEMURRAGE
(a) Description of Charge. A charge will be assessed against cargo remaining in or on terminal facilities
after the expiration of free time, unless arrangements have been made for storage.
(b) Calculation of Free Time. Free time is calculated exclusive of Saturdays, Sundays or holidays. Free
time starts at 7:00 a.m. after freight is received or unloaded onto wharf from car of truck or, in the case of
freight received from vessel, at 7:00 a.m. after completion of vessel's discharge. On outbound traffic, the
day or days vessel is loading are not included in the computation. On inbound traffic from vessel,
delivery of which is made after the allotted free time, the day freight is loaded out or delivered to truck or
car is to he included in the computation as a storage day.
When freight is transshipped between deep -sea vessels and involves application of both a long and a
short time period, the longer period shall be allowed, but not the aggregate of any two free time periods.
(c) Free time. Free time of live days will be allowed on all inbound traffic. Free time of ten days will be
allowed on all outbound traffic.
Subsection
295 (d) Rates. After expiration of applicable free time, wharf demurrage will be assessed at the following rates
(per day, per ton (2,000 lbs.) or portion thereof):
Commodity First 5 days After 5 days
All freight, N.O.S. $ 1.26 $ 2.52
Mobile homes, portable buildings,
living quarters $26.25/day /unit $105.00 /day /unit
Port and Harbor Tariff Regulations City of Seward, Alaska .■.
Revision Date: November 9, 2009, Effective January 1, 2010 29
Upon prior arrangement with the Harbormaster, upland storage will be billed monthly at a rate of
TWENTY -SIX CENTS ($.26) per square foot for each month or fraction thereof after expiration of free
•••• time above.
(e) Lay -Down Areas. All cargo is expected to vacate city docks, wharves and piers as soon upon arrival as
possible. Cargo is not to be stored on city docks, piers and wharves awaiting pick up by vessels unless
prior arrangements are made with the Harbourmaster. The Harbormaster shall have the discretion to
refuse all cargo activities and /or lay -down, either inbound or outbound. Cargo that is allowed to wait for
"beyond" transportation shall adhere to the following rules:
(1) Lay down areas are outside of 100' of water front immediately adjacent to the dock, wharf or
ramp.
(2) Cargo may not be placed on the city docks or terminal facilities except in the designated lay -down
areas.
(3) Cargo and freight not placed in a designated lay -down area must be immediately removed from a
city dock or terminal facility upon order of the Iarbormaster.
(4) A vessel, shipper or consignee who refuses to move cargo on demand will be assessed wharf
demurrage at five times its applicable rate, starting at the time the vessel, shipper or consignee is
noticed to move the cargo.
(5) In addition, the Harbormaster may, in his discretion, move cargo or freight, and any expense or
damages, including damage to cargo or freight during such movement, shall be charged to the
vessel, shipper or consignee, except for damages caused by the City's own negligence.
Port and Harbor Tariff Regulations City of Seward, Alaska
Revision Date: November 9, 2009, Effective .laaua ' 1, 2010 30
,_, PORT AND HARBOR TARIFF
REGULATIONS - 2011
RULES, RATES, CHARGES AND REGULATIONS
FOR PORT AND HARBOR FACILITIES
CITY OF SEWARD, ALASKA
SEWARD BOAT HARBOR, SEWARD MARINE CENTER AND SHIP LIFT SYSTEM
1c�P
CITY OF SEWARD
P.O. BOX 167
SEWARD, AK 99664
Port and Harbor Tariff Regulations City of Seward, Alaska
Revision Dale: November 9, 2009, Effective January 1, 2011
Table of Contents
PREFACE v -
Tariff Revisions v
Forms v
Explanation of Abbreviations and Characters That May Appear in Tariff v
Notice to Public vi
SECTION I - GENERAL RULES AND REGULATIONS 1
100 DEFINITIONS - GENERAL 1
105 APPLICATION OF TARIFF 2
(a) General Application of Tariff 2
(b) Tariff Effective 2
(c) Acceptance of Tariff 2
(d) Reservation of Agreement Rights 2
(e) Compliance with Conditions of Docking and Facility Use 3
110 APPLICATION OF RATES 3
115 INSURANCE 3
120 RESPONSIBILITY FOR COLLECTION AND GUARANTEE OF CHARGE 3
(a) Responsibility for Charges 3
(b) Prepayment, Time of Prepayment, Acceptable Security, Refund of Excess
(c) Waiver of Prepayment Requirement 4 �.
(d) Charges on Delinquent Accounts 4
125 LIABILITY FOR LOSS OR DAMAGE AND INDEMNITY 4
(a) Responsibility Limited 4
(b) Inderrmity 5
(c) Owner's Risk 5
130 RIGHTS OF THE CITY OF SEWARD 6
(a) Access to Harbor or Port Facilities 6
(b) Right to Refuse Cargo 6
(c) Right to Schedule Vessels and Cargo 6
(d) Right to Remove, Transfer or Warehouse Cargo 7
(c) Right to Withhold Deliver of Freight 7
(f) Right to Sell for Unpaid Charges 7
(g) Explosives 7
(h) Right to Remove, Transfer or Rearrange Vessels 7
(i) Right to Remove Materials or Equipment from City Dock or Terminal Facilities 8
135 REQUESTS AND COMPLAINTS 8
140 DELAYS - NO WAIVER OF CHARGES 8
Port and Harbor Tariff Regulations City of Seward, Alaska �+
Revision Date: November 9, 2009, Effective Jarman' 1 2011 ii
145 MANIFESTS REQUIRED OF VESSELS 8
150 SAFETY, SANITATION AND HOUSEKEEPING 8
(a) Safety and Sanitation 8
(b) Notice of Hazardous Cargo and Permit Requirements 9
- (c) Responsibility for Housekeeping 9
(d) Smoking Prohibited 9
(e) Used Oil and Petroleum Products 9
155 RESPONSIBILITY FOR PROPERTY DAMAGE 9
160 BULK PETROLEUM PRODUCTS 9
(a) Application of Tariff 9
(b) Clearing and Heating Petroleum Lines 10
(c) Regulations Governing Petroleum Products 10
(d) Housekeeping 10
SECTION 11 - SERVICES AND CHARGES 11
200 MOORAGE 11
Outside the Small Boat Harbor 11
Within the Small Boat Ilarbor 11
(a) Assignment of Berths 11
(b) Waiting List for Permanent Slip Assignment 11
(c) Permanent Slip Assignments 11
(d) Permanent and Temporary (Transient) Slip Assignments 12
(e) Notice Upon Arrival 12
(f) Vessel Registration 12
205 MOORAGE RATES 12
(a) Calculation of Moorage Rates 12
(b) Daily Rates 13
(c) Annual Moorage Fees 13
(d) Float Plane Fees 14
210 DOCKAGE 14
(a) Dockage Period 14
(b) Basis for Computing Charges 14
(c) Vessels Docked to Repair, Shore, Outfit or Fumigate 14
(d) Preference to Reserved Dock Use 14
(e) Berth May be Granted Before Payment 16
(f) Charges on Vessel Shifting 16
(g) Charges to Assisting Vessels 16
(h) Notice of Hazardous Cargo and Permit Requirement 16
(i) Dockside Lay Time 16
215 DOCKAGE RATES 16
(a) Daily Dockage Rate 16
(b) Monthly Dockage Rate 17
220 HANDLING, LOADING AND UNLOADING 17
Port and Harbor Tariff Regulations City of Seward, Alaska
Revision Date: November 9, 2009, Effective Januan 1, 2011 HI
225 LABOR AND SERVICE CHARGES 17
(a) Specific Services 17
(b) Labor /Personnel 18
(c) Equipment 19
(d) Special Services 19
(e) Miscellaneous Charges 20
230 PASSENGER FEES 20
231 CAPITAL RENEWAL AND REPLACEMENT FEE 20
235 ASSISTANCE TO BOATERS AND OTHER AGENCIES 20
240 BOAT LAUNCH RAMP FEES 20
(a) Operating Policy 20
(b) Launch Fees 21
245 PUBLIC SHOWERS 21
250 50 -TON TRAVELIFT 21
(a) Operating Policy 21
(b) Boat Lift Agreement 21
(c) Responsibilities 21
(d) Dockside Lay Time 22
255 50 -TON TRAVELIFT FEES 22
(a) Description of Charge 22
(b) Lift Fee 22
260 250 -TON TRAVELIFT 22
(a) Operating Policy 22
(b) Boat Lift Agreement 22
(c) Responsibilities 23
(d) Dockside Lay Time 23
265 250 -TON TRAVELIFT FEES 23
(a) Description of Charge 23
(b) Lift Fee 23
270 SHIPLIFT FEE 24
(a) Description of Charge 24
(b) Lift Fee 24
(c) Basis for Computing Charges 24
(d) Preference to Reserved Use 24
(e) Berth May be Granted Before Payment 25
(f) Inspection of Vessels on the Shiplift Platform 25
(g) Repairs to Vessels on the Shiplift System 25
Port and Harbor Tariff Regulations City of Seward, Alaska
Revision Date November 9, 2009, Effective January 1, 2011 iv
(h) Notice of Hazardous Cargo and Permit Requirement 25
(i) Dockside Lay Time 26
(j) Lift Fee Rates 26
275 DAILY SHIPLIFT LAY CIIARGE 26
v.. (a) Description of Charge 26
(b) Lay Fee 26
(c) Basis for Computing Charges 26
(d) Rate 26
280 UPLAND STORAGE 26
(a) Area of Land Available 26
(b) Calculation of Rates 26
(c) Lay Time Rates 26
(d) Empty Cradles /Trailers 27
285 WHARFAGE 27
(a) Application of Charge 27
(b) Overside 27
(c) Overstowed Cargo 27
290 WHARFAGE RATES /7
(a) Schedule of Standard Rates 27
(b) Discount Rates Based on Guaranteed Payments 28
295 WIIARF DEMURRAGE 28
(a) Description of Charge 28
(b) Calculation of Free Time 28
(c) Free time /8
(d) Rates 29
—
(e) Lay -Down Areas 29
Port and Harbor Tariff Regulations City ofSewar•d, Alaska
v
Revision Dare: November 9, 2009, Effective January 1, 20/ l
PREFACE
The purpose of this document is to provide, in a complete but condensed format for public review, the terms, conditions,
rules, regulations, charges, and rates comprising the City of Seward Port and Harbor Tariff, as approved from time to
time by the Seward City Council. Although some text has been rearranged for the purpose of clarification, it does not
reflect any substantive changes to the actual tariff. This document contains, but is not limited to, the City of Seward
Terminal Tariff No. 100 as filed with the Federal Maritime Commission.
Tariff Revisions
The City of Seward Port and Harbor Tariff may be revised in whole or in part from time to time. Upon such revision, the
amended page(s) will show the date of revision in the lower left corner. Requests for missing pages or additional copies
of the tariff may be directed to the Seward City Clerk.
Forms
All forms referenced in this document may be obtained from the Seward City Clerk's Office or the Harbormaster's Office.
Shiplift/SyncroLift forms are available at Seward Ship's Drydock Office at the Marine Industrial Center. These forms
include, but are not limited to, Vessel Moorage Application, and supplements thereto; Application and Agreement for
Reserved Moorage; Application and Agreement for Transient Moorage; Boat Lift Agreement; Vessel Shiplift Use
Application, and Supplements thereto; Shiplift System Use Permit; Terminal Use Permit; Prepayment Agreement; and
Uplands Storage Agreement.
Explanation of Abbreviations and Characters That May Appear in Tariff
b.m. board measure lgth. length
bbl. barrel m.b.m. 1,000 ft. board measure
bdl. bundle meas. measure
crt. crate min. nuninnim
...
cs. case misc. miscellaneous
ctn. carton m.t. metric ton
cu.ft. cubic foot or feet no. number
ea. each N.O.S. not otherwise specified herein
Cf. folded flat pkg. package
F.M.C. Federal Maritime Commission sq. ft. square foot or feet
gals. gallons stg. storage
hdlg. handling U.S. United States of America
inc. including, inclusive or incorporated w.t. weight ton of 2,000 lbs.
I.c.l. less than carload w/m weight ton of 2,000 lbs. or cubic ton
of 40 cubic feet
1dg. loading yd. yard
Port and Harbor Tariff Regulations City of Seward, Alaska %NN
Revision Dale: November 9, 2009, Effective January I, 20/ I vi
Notice to Public
This tariff is published and filed as required by law and is, therefore, notice to the public, shippers, consignees
and carriers that the rates, rules and charges apply to all traffic for which contract rates have not been arranged.
In addition to this Port and Harbor Tariff, the public, shippers, consignees and carriers using City of Seward
facilities should consult and be aware that the City of Seward Code of Ordinances, including but not limited to
Chapter 9.15 (Fire Prevention and the Uniform Fire Code), Title 14 (Utilities, including Garbage, Refuse,
Water, Electricity and Sewage) and Chapter 7.10 (Ports and Ilarbors), all as amended, apply and govern where
not specifically provided otherwise in this tariff.
Port and Harbor Tariff Regulations City ofSewmrd, Alaska
Revision Dale, November 9, 2009, Effective January 1, 2011 vii
SECTION i - GENERAL RULES AND REGULATIONS
Subsection
100 DEFINITIONS - GENERAL
(a) General Terms. Unless provided otherwise in this tariff, applicable definitions set forth in 46 CFR § 515.6
shall control.
(b) City docks. The city docks of the City of Seward include all docks, floats, slips, wharves, ramps, piers,
bulkheads, dolphins and sea walls owned or operated by the City of Seward.
(c) Float; Float System. Those portions of the city docks located within the Small Boat Harbor that rise and
fall with the tide, including the pilings, ramps, ladders and utility connections.
(d) holidays. In this tariff, whenever reference is made to holidays, the following days are included: New
Year's Day, President's Day, Seward's Day, Memorial Day, Independence Day, Labor Day, Alaska Day,
Veterans Day, Thanksgiving Day, the day immediately following Thanksgiving Day, one -half of the
working day immediately preceding Christmas Day, and Christmas Day. When a holiday falls on a
Saturday, the preceding Friday shall he considered a holiday and, when a holiday falls on a Sunday, the
following Monday will he considered a holiday for the purposes of this tariff.
(e) Permit Holder. A person or business that has a valid Shiplift System Use Permit issued by the City of
Seward. (See "Forms" in the pretace of this document.)
(f) Point of Rest. Point of rest is defined as that area on the terminal facility which is assigned for the receipt
of inbound cargo from the vessel and from which inbound cargo may be delivered to the consignee and
that area which is assigned for the receipt of outbound cargo from shippers for vessel loading.
(g) Port of Seward. The Port of Seward comprises the Small Boat Harbor, the Shiplift System and all city
docks and terminal facilities located within the corporate limits of the City of Seward.
(h) Slip. A moorage location within the float system of the Small Boat Harbor. A slip does not include the
float or finger of the float, but only the spaces between or adjacent to it.
(i) Shiplift System. The shiplift located at the Seward Marine Industrial Center and the adjacent rail side
transfer system.
(j) Terminal Facilities. Terminal facilities include all city docks and associated equipment, offices,
warehouses, storage space, roads, paved areas, water banks and shorelines under the management and
control of the City of Seward.
(k) Vessel. In this tariff, whenever reference is made to a "vessel ", the term shall mean any ship or barge, self -
propelled or other than self - propelled.
(1) Moorage. Moorage is the charge assessed to a vessel for berthing in a slip, on a transient dock, or for
tying to a vessel so moored in the small boat harbor or other terminal facilities.
.... Port and Harbor Tariff Regulations City of Seward, Alaska
Revision Date: November 9, 2009, Effective January 1, 2011 1
Subsection
100 (m) Dockage. Dockage is the charge assessed to a vessel for docking at a city dock or terminal facility or for
tying to a vessel so docked. (Sometimes identified as "moorage ".)
(n) Handling. Handling means the service of physically moving cargo between point of rest and any place
on the terminal facility other than the end of a ship's tackle.
(o) Loading and Unloading. Loading and unloading means the service of loading or unloading cargo
between any place on the terminal and railroad cars, trucks, lighters or barges or any other means of
conveyance to or from the terminal facility.
(p) Wharfage. Wharfage is the charge assessed against any freight placed in a transit shed or on a wharf; or
passing through, over or under a wharf; or transferred between vessels; or loaded to or unloaded from a
vessel at a wharf regardless of whether or not a wharf is used. Wharfage is solely the charge for use of a
wharf and does not include handling, sorting, piling of freight or charges for any other services.
(q) Demurrage. A charge assessed against cargo remaining in or on terminal facilities after the expiration of
free time, unless arrangements have been made for storage.
(r) Free Time. The specified period during which cargo may occupy space assigned to it on terminal
property, free of wharf demurrage or terminal storage charges, immediately prior to the loading or
subsequent to the discharge of such cargo on or off the vessel.
105 APPLICATION OF TARIFF
(a) General Application of Tariff: Rates, charges, rules and regulations provided in this tariff will apply only
to persons and vessels using certain terminal facilities under the jurisdiction and control of the City of
Seward, merchandise received at or shipped from the facilities or properties operated under the
jurisdiction and control of the City of Seward, and specifically to municipal docks, structures appurtenant
thereto and waterways under the management of the City of Seward. The rates, charges, rules and
regulations herein may apply to the Seward Small Boat Harbor, the harbor bounded by the rubble
breakwater at the northwestern head of Resurrection Bay (Small Boat Harbor); the Seward Marine
Industrial Center (SMIC), including yards, basin, docks, dolphins, 250 -ton Travelift, and shiplift
platform; and any other terminal facilities under the jurisdiction and control of the City of Seward.
(b) Tariff Effective. Rates, charges, odes and regulations named in this tariff and any additions, revisions, or
supplements thereto shall apply to all vessels or users and to all freight received at facilities subject to
this tariff on and after revisions, or supplements thereto. Unless otherwise specified all transit freight
received at terminals and undelivered prior to effective dates of tariff, revisions, or supplements thereto,
shall be charged the rates in effect on the date such freight was received until entire lot or shipment has
been withdrawn.
(c) Acceptance of Tariff Use of the docks and terminal facilities of the City of Seward shall be deemed an
acceptance of this tariff and the terms and conditions named herein.
(d) Reservation ofAgreement Rights. Right is reserved by the City of Seward to enter into agreement with
carriers, shippers, consignees and /or their agents concerning rates and services, providing such
Pori and Harbor Tariff Regulations City of Seward, Alaska VOW
Revision Date: November 9, 2009, Effective January i, 2011 2
Subsection
105 agreements are consistent with existing local, state and federal law governing the civil and business
relations of all parties concerned.
(e) Compliance with Conditions of Docking and Facility Use. Use of city docks and terminal facilities and
the acceptance of services shall con1bni to conditions of docking and facility use set forth herein. Only
those operators who have a valid shiplift system use permit shall have access to the shiplift system.
110 APPLICATION OF RATES
(a) Except as otherwise provided herein, rates apply per 2,000 lbs., or per 40 cubic feet as rated by ocean
carrier, or per 1,000 feet board measure, or 42 gallons per barrel of bulk petroleum products corrected to
60 degrees Fahrenheit net, or 376 lbs. per barrel of bulk cement.
(b) Rates provided for commodities herein are specific and may not be applied by analogy. If rates are not
provided for specific commodities, rates to be applied are those established for "Freight N.O.S."
115 INSURANCE
Rates named in this tariff do not include insurance of any kind. The City of Seward shall be under no obligation
to provide any insurance of any type for any vessel, cargo, or liability arising out of use of the city docks,
shiplift system, or terminal facilities. If the City does acquire any such insurance, the charges for that insurance
shall be in addition to fees described in this tariff.
120 RESPONSIBILITY FOR COLLECTION AND GUARANTEE OF CHARGE
*NM. (a) Responsibility for Glarges. The vessel, its owner or agents, shippers or consignees, owner of the cargo
on the vessel, and, in the case of shiplift operation, the permit holder shall be jointly and severally
responsible for payment of charges namcd herein and such payment responsibility applies without regard
to the provisions of bills of lading, charter party agreements, vessel repair, contracts or other conflicting
provisions.
(b) Prepayment, Time of Prepayment, Acceptable Security, Relirnd of Excess. All charges for
services rendered by the City of Seward for the use of docks, shiplift and other terminal facilities are due
and payable in cash in advance of such services or use, as follows:
(1) For all charges attributable to the vessel from its owners or agents before a vessel commences its
loading or discharging.
(2) For all charges attributable to the vessel from the permit holder before a vessel enters the shiplift
system.
(3) For all charges attributable to the cargo from a vessel owner, charterer, shipper or consignee
before the cargo leaves the city docks or terminal facilities.
Port and Harbor Tariff Regulations City of Seward, Alaska
Revision Dale: November 9, 2009, Lffirctive.lanuary 1, 2011 3
Subsection
120 (4) For all charges on perishable goods or freight of doubtful value or household goods. A cash
deposit or acceptable security in an amount equal to 125% of the estimated applicable charges
shall be required to be posted with the City of Seward six days prior to the vessel's scheduled
arrival, or at such other time as may be authorized or directed by the Harbormaster, but in all
cases in advance of actual services rendered. Wherever a cash deposit has been posted, any
excess thereof, after satisfaction of all applicable terminal charges, shall be promptly refunded by
the City of Seward to the posting party.
(c) Waiver of Prepayment Requirement. The Harbormaster, in his sole discretion, may waive the cash -in-
advance requirement as to all or any category or categories of anticipated charges when the party
responsible for such charges has been identified to the satisfaction of the Harbormaster and
(1) That party responsible has established credit worthiness acceptable to the Harbormaster; or
(2) The permit holder has established credit worthiness acceptable to the Harbormaster; or
(3) Adequate security, acceptable to the Harbormaster, has been posted; or
(4) The agent requesting terminal services or use or any other entity acceptable to the Harbormaster as
credit worthy has personally accepted financial responsibility for the applicable charges.
The City of Seward retains the right, in its sole discretion, to determine whether a responsible party or an
agent is credit worthy, and to waive the cash -in- advance requirement. The City may establish guidelines
for determining whether a responsible party or an agent is credit worthy. Compliance with these
guidelines does not create a right to waiver of the cash -in- advance requirement.
(d) Charges on Delinquent Accounts. All invoices, except for damages to City of Seward property, will be
declared delinquent sixty days after the date of the invoice and will be charged interest at the rate of
10.5% per annum. All extra expenses, including legal expenses, litigation costs, or costs of agents
employed to effect collection shall also be assessed to, and payable by such accounts.
125 LIABILITY FOR LOSS OR DAMAGE AND INDEMNITY
(a) Responsibility Limited. Generally, no persons other than employees of the holders of authorized terminal
use permits shall be permitted to perform any services on the wharves or docks, or in any other terminal
facility of the City of Seward, except upon written authorization of the Harbormaster. No persons other
than employees of the holders of authorized shiplift system permits shall be permitted to perform any
services on the shiplift system. Permit holders shall be required to obtain any necessary terminal use
permits prior to performing any services on any other terminal facility of the City of Seward, except upon
written authorization of the Harbormaster. The City of Seward, its employees and agents shall not he
liable for the injury of persons on the city docks, shiplift system, or terminal facilities, nor shall they be
liable for any loss, damage, or theft occasioned by such persons' presence on the city docks, shiplift
system, or terminal facilities, except that the City of Seward shall be liable for any portion of loss or
damage that is directly caused by its own negligence.
Port and Harbor Tariff Regulations City of Seward, Alaska
Revision Date: November 9, 2009, Effective /anua,j 1, 2011 4
Subsection
,.■ 125 The City of Seward, its employees and agents are not responsible for Toss or damage caused by fire, frost,
heat, dampness, leakage, weather damage, evaporation, natural shrinkage, wastage or decay; animals,
rats, mice or other rodents; moths, weevils or other insects; leakage or discharge from fire protection
systems; collapse of buildings or structures; breakdown of plant protection systems; breakdown of plant
or machinery or equipment; or by floats, logs, piling or camel logs required in breasting vessels away
from a wharf; nor will they be answerable for any loss or damage or delay arising from insurrection,
shortage of labor, combinations, riots or strikes of any persons in their employ or in the service of others,
or from any consequences arising therefrom, except that the City of Seward shall be liable for any
portion of Loss or damage that is directly caused by its own negligence.
Skiplift System. The City of Seward, its employees and agents make no representations or warranties that
the shiplift system is adequate or sufficient for any particular vessel. Further, the City of Seward, by
requiring that only holders of shiplift permits be authorized to utilize the shiplift system, makes no
representations or warranties of any kind that the work, operation, materials, design or other aspects of
the work performed or contracted to be performed by such a permit holder is of good and workmanlike
quality, or in conformance with industry standards. Vessel owners are advised that the City of Seward is
not responsible for and specifically disclaims any liability for work performed or contracted to be
performed by a permit holder, except for those damages caused by the City's own negligence.
The City's inspection, if any, of vessels and placement on cradle systems is done solely for the purpose of
protecting the City's interest and investment in the shiplift system and should not be construed as an
acceptance of any responsibility to inspect or to inspect in any particular manner.
(b) Indemnity. Each user, permit holder, vessel, vessel owner and its agents, shippers or consignees shall
indemnify, defend and hold harmless the City of Seward against any and all claims arising from any
... breach or default in performance of any obligation to such parties to be performed under the terms of this
tariff or arising from any act or omission of said parties for all costs, attorneys' fees, expenses, and
liabilities incurred in the defense of any such claim, action or proceeding brought against the City of
Seward except only for those caused by the City's own negligence.
(c) Owner's Risk. All of the following shall be at the owner's risk except for those damages caused by the
City's own negligence:
(1) Glass, liquids and fragile articles will be accepted only at owner's risk for breakage, leakage or
chafing.
(2) Freight on open ground is at owner's risk for loss or damage.
(3) Freight subject to freezing will be accepted only at owner's risk.
(4) All water craft, if and when permitted by the Harbormaster or his authorized agent to be moored
at wharves or alongside of vessels, are at owner's risk for loss or damage.
(5) Any vessel utilizing the shiplift system is at owner's risk for loss or damage.
Port and Harbor Tariff Regulations City of Seward, Alaska
Revision Dale: November 9, 2009, Effective January 1, 2011 5
Subsection
130 RIGHTS OF THE CITY OF SEWARD
Without in any way limiting the general authority of the City of Seward, the City shall have the following
powers:
(a) Access to Harbor or Port Facilities. The City shall at all times have the right to refuse access to any city
dock or terminal facility by any person or vessel or to remove any vessel, person or cargo at any time
from any city dock or terminal facility, including the shiplift system. This right shall be reserved at all
times to the City without responsibility for demurrage, loss or damage when:
(1) Previous arrangements for use, space, receiving or unloading have not been made with the
Harbormaster;
(2) The vessel is unsafe or hazardous and may pose a risk to life or property;
(3) The value of the vessel, in the opinion of the Harbormaster, is less than the probable service
charges and other charges related to its use of the city dock or terminal facilities;
(4) During periods of congestion, or in cases of emergency, when, in the judgment of the
Harbormaster, the circumstances then prevailing or likely to occur will prevent the city dock or
terminal facilities, or any portion of them, from providing customary services to the public.
(b) Right to Refuse Cargo. In his discretion, the Harbormaster shall at all times have the right to refuse to
accept, receive or unload, or permit a vessel or any vehicle delivering to the terminal facilities to
discharge:
(1) Cargo for which previous arrangements for space, receiving, unloading or handling has not been
made with the Harbormaster by shipper, consignee or vessel.
(2) Cargo not suitably packed for safe transportation.
(3) Cargo deemed by the Harbormaster, in the reasonable exercise of his discretion, to be offensive,
perishable or hazardous. Hazardous cargo must have been prepared for shipment in accordance
with the applicable Department of Transportation regulations (including 49 CFR Parts 171 -179).
(4) Cargo, the value of which may, in the opinion of the Harbormaster, be less than the probable
service charges and other charges related to it.
(5) Cargo, during a period of congestion, or in cases of emergency, when, in the judgment of the
Harbormaster, the circumstances then prevailing or likely to occur will prevent the city docks or
terminal facilities, or any portion of them, from providing customary service to the public.
(c) Right to Schedule Vessels and Cargo. In his discretion, the Harbormaster shall at all times have the right
to schedule access to any harbor or port facility by person or vessel or to remove any vessel, person or
cargo at any time from any city dock or terminal facility, including the shiplift system, in order to provide
for efficient operation of the city docks or terminal facilities and promote the objectives of the Seward
City Code.
Port and Harbor Tariff Regulations City of Seward, Alaska
Revision Date: November 9, 2009, t:ffectireJantatly 1, 2011 6
Subsection
130 (d) Right to Remove, Transfer or Warehouse Cargo.
(I) Hazardous or Offensive Cargo. In his discretion, the Harbormaster shall at all times have the
right to immediately remove all hazardous or offensive cargo, or cargo, which by its nature, is
liable to damage other cargo or city dock or terminal facilities. The cargo may be removed from
its present location to any other location with all expenses and risk of loss or damage to be the
responsibility of the owner, shipper or consignee.
(2) Cargoes beyond free time. Any cargo remaining on city dock or terminal facilities
after expiration of any applicable free time may be removed to public or private warehouses, and
all expense of removal and risk of loss or damage shall be the responsibility of the owner, shipper,
consignee or vessel as responsibility may appear on shipping documents, manifests or other
sources.
(e) Right to Withhold Deliver of Freight. Right is reserved by the City of Seward to withhold delivery of
freight until all accrued charges and /or advances against said freight have been paid in full. At the
Harbormaster's discretion, any or all of such freight may be placed in public or private warehouses, and
all cost of removal and subsequent handling and storage shall be the responsibility of the own cr of the
freight.
(f) Right to Sell for Unpaid Charges. Freight on which unpaid terminal charges have accrued may be sold
to satisfy such charges and costs, provided such sale has been publicly advertised. Freight of a
perishable nature or of a nature liable to damage other freight may be sold at public or private sale
*M. without advertising, provided the owner has been given proper notice to pay charges and to remove said
freight and has neglected or failed to do so within a prescribed reasonable time.
(g) Explosives. The City of Seward shall not allow the acceptance, handling or storage of explosives within
the confines of the Port of Seward without prior arrangement with the Harbormaster and as governed by
rules and regulations of federal, state and local authorities.
(h) Right to Remove, Transfer or Rearrange Vessels.
(1) Hazardous Vessels or Vessels with hazardous Cargo. In his discretion, the Harbormaster shall at
all times have the right to immediately remove any hazardous or offensive vessel, or any vessel
containing hazardous cargo, or any vessel containing cargo which by its nature is liable to damage
other vessels or other cargo or harbor or port facilities. The vessel may be removed from its
present location to any other location, and all expenses and risk of loss or damage shall be the
responsibility of the owner, shipper or consignee.
(2) Vessel Beyond Free Time. Any vessel remaining at city dock or terminal facilities after expiration
of any applicable free time may be removed to any other public or private facility and all expenses
of removal and risk of loss or damage shall be the responsibility of the owner, shipper, consignee
or vessel.
(3) Movement of Vessels to Reduce Congestion or Maximize Services. In his discretion, the
Harbormaster shall at all times have the right to move or rearrange any vessel from its present
Port and Harbor Tariff Regulations City of Seward, Alaska
Revision Dale, November 9, 2009, Effective January 1, 2011 7
Subsection
130 location to any other location in order to reduce congestion within the harbor or to prevent
disruption of customary services to the public.
(i) Right to Remove Materials or Equipment from City Dock or Terminal Facilities. Any materials,
equipment, trash, or other items left on or about any city dock or terminal facility may be removed by
the Harbormaster at any time, and all expense of removal and risk of loss or damage shall be the
responsibility of the vessel that last occupied the facility or the owner, shipper or consignee of the
vessel as responsibility may appear on shipping documents, manifests or other sources.
135 REQUESTS AND COMPLAINTS
Any shipper, vessel or vessel agent may make requests and complaints by filing a written statement with the
Harbormaster, City of Seward, P. O. Box 167, Seward, Alaska 99664.
140 DELAYS - NO WAIVER OF CHARGES
Delays in loading, unloading, receiving or delivering freight, moorage of vessels, or receiving, discharging,
lifting, or transferring vessels on the shiplift system or Travelift as a result of harbor congestion, equipment
failure or breakdown, or of combinations, riots or strikes of any persons in the employ of the City of Seward or
others, or arising from any other cause not reasonably within the control of the City of Seward, will not excuse
the owners, shippers, consignees or carriers of the freight or vessel, or the permit holder, from full service,
wharf demurrage, moorage or other charges or expenses which may be incurred under conditions stated herein.
145 MANIFESTS REQUIRED OF VESSELS
Masters, owners, agents or operators of vessels are required to furnish the City of Seward with complete copies
of vessels' manifests showing names of consignees or consignors and the weights or measurements of all freight
loaded or discharged at the docks or terminal facilities of the City of Seward. Such manifests must be certified
as correct by an authorized official of the company and must also designate the basis of weight or measurement
on which ocean freight was assessed. In lieu of manifests, freight bills containing all information as required
above may be accepted.
Ship's Documents. The Harbormaster may require masters, owners, agents, operators and /or permit holders to
execute a moorage application containing descriptions of the following items: (i) fuel; (ii) ballast; (iii) water;
(iv) cargo; and (v) structural details for lift.
150 SAFETY, SANITATION AND HOUSEKEEPING
(a) Safety and Sanitation. All users of city docks and terminal facilities and all permit holders of the shiplift
system shall exercise due care for the protection of life and property and the protection of the public from
injury or damage.
Port and Harbor Tariff Regulations City of Seward, Alaska
Revision Date: November 9, 2009, Effective January 1, 2011 8
Additional safety and sanitation rules applicable to docks and terminal facilities, including the shiplift
system, should be consulted. Portions of the City of Seward Code of Ordinances of particular relevance
.� include Chapter 9.15 (Fire Prevention and Uniform Fire Code), Title 14 (Utilities including Garbage,
Sewer, Refuse, Electricity and Water) and Chapter 7.10 (Ports and Harbors).
Subsection
150 All safety and sanitation laws, regulations and policies of the City of Seward, the Kenai Peninsula
Borough, the State of Alaska, and the United States of America, including those adopted by international
treaty, apply to city docks and terminal facilities, including the shiplift system. All users, including
shippers, permit holders, vessels and consignees, are hereby warned that the party or parties responsible
for infractions of such laws, regulations or policies will be subject to and responsible for any penalties
that may result from their violation of those laws, regulations or policies.
(b) Notice of Hazardous Cargo and Permit Requirements. Notice shall be given to the Harbormaster of any
vessel carrying cargo which is hazardous, extremely flammable, corrosive, explosive or otherwise poses
a significant risk of ham to property or persons, at (east 24 hours prior to landing or use of docks. The
Harbormaster, at his sole discretion, may issue a permit for dock use if he finds that sufficient
precautions have been taken to minimize any potential risks presented by such cargo.
(c) Responsibility for Housekeeping. Users of docks and other terminal facilities, including permit holders
of the shiplift system, will be required to maintain same in an orderly manner as directed by the
Harbormaster. If user does not properly clean property used, the Harbormaster shall order the work
performed, and user will be billed for the services in accordance with the rates set forth in Subsection
225 of this tariff.
(d) Smoking Prohibited. No smoking shall be allowed on any wharf, pier, or the shiplift system, or in any
facility, warehouse or transit shed, except in approved areas specifically designated for that purpose.
Persons violating this rule may be barred, at the discretion of the Harbormaster, from the further use
of any wharf or facility, including the shiplift system, and, in addition, shall be subject to prosecution
under applicable federal, state and municipal laws.
(e) Used /Waste Oil and Petroleum Products. All used /waste oil and petroleum products must be properly
disposed of by the vessel /owner. The City of Seward offers a limited ability to take small quantities of
used oil and petroleum products as a convenience to the boating public. Up to five gallons of used oil
and petroleum products will be accepted by the City in the approved and designated facilities on shore.
There shall be no storage, even of a temporary nature, of used/waste oil or petroleum products on city
docks, wharves, piers or finger floats. Any vessel /owner /agent storing or disposing of used /waste oil in
an inappropriate or illegal manner may be barred from further use of the Seward Small Boat Harbor
and /or penalized according to the provisions of federal, state and local law. Larger quantities of used oil
may be accepted by the Iarbormaster upon prior arrangement by written approval on a case -by -case
basis with applicable charges assessed for disposal.
155 RESPONSIBILITY FOR PROPERTY DAMAGE
Users, including permit holders, damaging city docks, the shiplift system or any other property of the City of
Seward will be responsible for the cost of repairs. The user or permit holder will be billed for repairs to
damaged property at cost, including overhead.
Port and Harbor Tariff Regulations City of Seward, Alaska
Revision Dale: November 9, 2009, EjfectiveJamearp 1, 2011 9
160 BULK PETROLEUM PRODUCTS
(a) Application of Tariff. Except as otherwise provided in this section, the rates, rules and regulations r...
published in other sections of this tariff apply to vessels, shippers and consignees of bulk petroleum
products.
Subsection
160 (b) Clearing and Heating Petroleum Lines. Shippers, consignees or vessels and persons in charge thereof
are responsible for providing steam or other heating means to assure the proper flow of asphalt and other
petroleum products requiring heat. Shippers, consignees or vessels and persons in charge thereof will be
responsible for clearing all petroleum products from lines located on or adjacent to any terminal facility
after a vessel completes loading or discharging unless otherwise authorized by the Harbormaster.
In the event the City of Seward performs any of the above named services, rates shall be charged in
accordance with Subsection 225 of this tariff and billed to the shipper, consignee or vessel.
(c) Regulations Governing Petroleum Products. The transfer of bulk petroleum products shall be made in
compliance with Seward City Code provisions, including Chapter 9.15 (Fire Prevention and the Uniform
Fire Code), as well as other local, state and federal laws, rules or regulations.
(d) Housekeeping. Flammable liquids and all hydrocarbons leaked or spilled on wharves shall be cleaned up
immediately. Vessels or consignees shall remove temporary lines immediately upon completion of
receipt or discharge of flammable liquids. Spillage from disconnected lines shall he cleaned up
immediately by vessel or consignee.
Should leakage or spillage of flammable liquids or hydrocarbons occur on the shiplift system, the permit
holder shall be responsible to sec that said leakage or spillage is cleaned up immediately.
Port and Harbor Tariff Regulations City of Seward, Alaska .�
Revision Date: November 9, 2009, Effective January 1, 2011 10
SECTION II - SERVICES AND CHARGES
Subsection
200 MOORAGE
Outside the Small Boar Harbor: Vessels berthing or departing city docks, wharves, or any other terminal
facility, including the shiplift system, must use sufficient tugs so that vessels can be berthed or removed in a safe
manner. Berthing speed shall not exceed sixteen feet per minute, unless approved by the Harbormaster.
Within the .Small Boat Harbor:
(a) Assignment of Berths. The Small Boat Harbor is often congested and it is the policy of the City of
Seward to provide for the maximum public use of available facilities. The Harbormaster shall have
discretion to implement that policy.
Berth assignments to particular slips on the City of Seward float system are made by the Harbormaster.
Berth assignments arc made to a particular combination of vessel and owner /operator, are not assignable
by the owner /operator and automatically expire upon sale or transfer of the vessel to another
owner /operator.
A berth assignment is not a lease or an exclusive right to occupy any particular slip. In order to
maximize the public's use of existing facilities, it is common for the Harbormaster to temporarily assign
vessels to slips normally used by another vessel when that vessel is out of the harbor.
(h) Waiting List Ibr Permanent Slip Assignment. Due to the demand for slips on the City of Seward float
system, vessels will be assigned permanent slips based on waiting lists maintained by the Harbormaster's
office. Separate waiting lists shall be maintained for the following size floats:
17 feet (accommodates vessel 12 to 21 feet)
23 feet (accommodates vessel 22 to 26 feet)
32 feet (accommodates vessel 27 to 36 feet)
40 feet (accommodates vessel 37 to 44 feet)
50 feet (accommodates vessel 46 to 54 feet)
75 feet (accommodates vessel 55 to 90 feet)
Assignments to a permanent slip from the waiting lists shall be made in January each year by the
Harbormaster based on thc slip size available and the most senior name on the waiting list for that size
slip.
There is a fee of THIRTY DOLLARS ($30.00) per year per listing on the waiting list(s) for a permanent
slip assignment. The wait list year runs November 1 through October 31.
(c) Permanent Slip Assignments
(1) The Harbormaster may assign a specific slip on the City of Seward float system within thc Small
Boat Harbor to a particular vessel on an annual basis.
(2) A permanent slip assignment to a vessel is not a lease or right to occupy a particular slip and may
not be assigned.
Port and Harbor Tariff Regulations City of Seward, Alaska
Revision Date: November 9, 2009, EffectiveJanumy 1, 2011 11
Subsection
200 (3) To maximize the use of the Small Boat Ilarbor, a permanently assigned slip may be assigned to a
transient vessel when the permanently assigned owner /vessel is out of the harbor.
(4) Upon the return of the permanently assigned vessel to the Small Boat Harbor (provided proper
notifications are given and based on harbor congestion and the difficulties involved in moving
vessels), the Harbormaster will attempt to rearrange vessels so that a vessel with a permanent slip
assignment may berth at that assigned slip.
(5) A vessel assigned a permanent slip assignment should notify the Harbormaster when departing the
harbor for more than five (5) days. If away from Seward for more than five (5) days, a
permanently assigned vessel should notify the Harbormaster of its intended arrival date and time
back into the Small Boat Harbor,
(d) Permanent and Temporary (Transient) Slip Assignments. There are two types of slip assignments at the
City of Seward Small Boat Harbor. The first is a permanently assigned slip and the second is a transient
slip. Slips that are permanently assigned to a boat/owner may he used for transient moorage when the
permanently assigned vessel is away from the slip.
(e) Notice Upon Arrival. All vessels should notify the Seward Small Boat Harbor office prior to arrival.
Those vessels which have received permanently assigned slips should notify the Harbormaster's office
twenty -four (24) hours prior to expected arrival to allow the harbor staff time to free the slip. If, despite
reasonable efforts, the Harbormaster is unable to clear a permanently assigned slip due to congestion,
high winds or safety considerations, a vessel with a permanently assigned slip may be required to
temporarily use a transient slip or float as directed by the Harbormaster.
Vessels entering the Small Boat Harbor which have not, for any reason, received a berthing assignment
by radio contact or otherwise shall be restricted to the following areas: X float; south side ofF float; K
float; L float; and city dock.
If, as is frequently the case during periods of congestion, all of the above berths are full, a vessel is
permitted to raft to a vessel already berthed.
(f) Vessel Registration. All vessels must have a current registration form (Application and Agreement for
Transient Moorage) on file with the Harbormaster. These forms must be filed immediately upon arrival
at the Small Boat Harbor; however, vessels that arrive after normal Harbormaster office hours must
register before 10:00 a.m. the following day.
205 MOORAGE RATES
(a) Calculation of Moorage Rates. Moorage charges shall commence when a vessel is made fast to a wharf,
pier or other facility, or when a vessel is moored to another vessel so berthed ( "rafting "). Charges shall
continue until such vessel is completely freed from and has vacated the berth.
A vessel berthed at any time between 12:01 a.m. and midnight shall be charged a full day's charge;
provided, that the Harbormaster may, in his discretion and with proper and appropriate advance notice,
waive a daily rate for a vessel that will occupy a berth or float for a minimum time, and, provided further,
that the Iarbormaster determines that congestion and use of the public facilities by others will not be
adversely affected.
Port and Harbor Tariff Regulations City of Seward, Alaska
Revision Dale: November 9, 2009, Effective January 1, 2011 12
Moorage charges shall be calculated on the overall length of the vessel of the vessel or the length of the
float (slip) assigned, whichever is greater.
(b) Automatic Annual Adjustment in ;Wool Rates. All moorage rates shall be adjusted annually so as to
be effective as of January ls to reflect the five previous published years' average increase in the
Consumer Price Index, All Items, 1982 -84 =100 for all Urban Consumers, Anchorage, Alaska ( "CPI ") as
published by the United States Department of Labor, Bureau of Labor Statistics. Bills sent out prior to
January 1' will reflect the upcoming January ls` adjusted rates. (For example, 2011 rates reflect an
increase based on the average CPI for 2004 - 2008).
Subsection
205 Overall length shall be construed to mean the linear distance, expressed in feet, from the most forward
point at the stem to the aftermost part of the stern of the vessel, measured parallel to the base line of the
vessel. The length shall include all hull attachments, such as bowsprits, dinghies, davits, etc.
For billing purposes, overall length of the vessel as published in "Lloyd's Register of Shipping" may be
used. The City of Seward reserves the right to:
(1) Obtain the overall length from the vessel's register, or
(2) Measure the vessel.
(b) Daily Rates. With the exception of' vessel owner /operators who have paid an annual, semi - annual,
quarterly, or monthly fee in advance, all temporary or transient moorage charges shall be calculated on
the daily rate. The daily rate shall be $0.58 per lineal foot of overall length.
(c) Annual Moorage Fees. Under the following conditions, a vessel owner /operator may elect to
pay moorage fees on an annual basis in advance (See Appendix A for a listing of moorage rates according
to vessel length): 41•111016
(1) The vessel owner /operator has completed an Application and Agreement for Transient Moorage,
or, in the case of a permanently assigned berth, an Application and Agreement for Reserved
Moorage, in the form attached to this tariff.
(2) The vessel owner /operator has paid the annual fee based on the length of the vessel, or, in the case
of a permanently assigned berth, the length of the slip, whichever is greater. The Annual Rate
shall be $43.85 per lineal foot.
(3) Semi - Annual Rate. At the option of the vessel owner /operator, the annual moorage fee may be
paid in two equal semi - annual installments of sixty percent (60 %) of the annual rate established
above. Each prepaid installment described in this Paragraph represents six (6) calendar months.
The first installment is due and payable on the date the vessel owner /operator completes the
Application and Agreement for Transient Moorage, and on or before the first day of any calendar
month. The second installment is due on or before the first day of the calendar month six (6)
months thereafter.
(4) Quarterly Rate. At the option of the vessel owner /operator, the annual moorage fee maybe paid
in four equal quarterly installments of forty -five percent (45 %) of the annual rate established
above. Each prepaid installment described in this Paragraph represents three (3) calendar months.
The first installment is due and payable on the date the vessel owner /operator completes the
Application and Agreement for Transient Moorage, and on or before the first day of any calendar
month. The succeeding payments are due on or before the first day of the calendar month every
three (3) months thereafter.
Port and Harbor Tariff Regulations City of Seward, Alaska MOO
Revision Date: November 9, 2009, Effective January 1, 2011 13
(5) Monthly Rate. At the option of the vessel owner /operator, the annual moorage fee maybe paid in
twelve equal monthly installments of eighteen percent (1 S %) of the annual rate established above.
Each prepaid installment described in this Paragraph represents one (1) calendar month. The first
installment is due and payable on the date the vessel owner /operator completes the Application
and Agreement for Moorage, and on or before the first day of any calendar month. The
succeeding payments are due on or before the first day of the calendar month every month
thereafter,
Subsection
205 (6) All permanently assigned berths are assigned on a calendar -year basis. Prepayment of a full year's
charges is due on or before December 31 of the preceding year. A vessel owner /operator may
elect to prepay the annual moorage fee in two semi - annual installments, each of which represents
sixty percent (60 %) of the annual fee due on or before December 31 of the preceding year and
June 30 of the current year. A vessel owner /operator may also elect to prepay the annual moorage
fee in four quarterly installments, each of which represents forty -five percent (45 %) of the annual
fee due on or before December 31 of the preceding year and March 31, June 30. and September
30 of the current year. A vessel owner /operator may also elect to prepay the annual moorage fee
in twelve monthly installments, each of which represents eighteen percent (18 %) of the annual fee
due on or before December 31 of the preceding year and the last day of each month of the current
year.
(d) Float Plane Fees, A fee in the amount of TWENTY SIX DOLLARS AND TWENTY FIVE CENTS
($26.25) per day shall be charged for float plane berthing in the confines of the Small Boat llarbor.
210 DOCKAGE
(a) Dockage Period. Dockage shall commence when a vessel is made fast to a wharf, pier or other facility,
or when a vessel is moored to another vessel so berthed, and shall continue until such vessel is
completely freed from and has vacated the berth. No deductions will be made for Sundays or holidays.
(b) Basis for Computing Charges. Dockage charges will be assessed on the overall length of the vessel.
Overall length shall be construed to mean the linear distance, expressed in feet, from the most forward
point at the stem to the aftermost part of the stern of the vessel, measured parallel to the base line of the
vessel.
For dockage billing purposes, overall length of the vessel as published in "Lloyd's Register of Shipping"
will be used. if no such figure appears in "Lloyd's Register ", the City of Seward reserves the right to:
(1) Obtain the overall length from the vessel's register, or
(2) Measure the vessel.
(c) Vessels Docked to Repair, Shore, Outfit or Fumigate. The shiplift dock, adjacent and to the north of the
shiplift system, was constricted and intended primarily to be used for ship repair and maintenance.
Vessels being repaired by ship repair and maintenance businesses occupying upland facilities at the
Seward Marine Industrial Center will therefore be preferred over cargo operations. Full dockage will be
charged if and when a vessel is permitted to make repairs or alterations, shore for special freight. outfit,
store or fumigate while docked at a City dock or terminal facility.
Port and Harbor Tariff City of Seward, Alaska
Revision Date: November 9, 2009, Effective Januaty 1, 2011 14
(d) Preference to Reserved Dock Use. A vessel may be permitted to berth at a City dock or terminal facility
of the City of Seward without having first made written application for a berth assignment and without
such an assignment having been granted. However, priority is given to City dock use reserved in
advance with the Harbormaster. Further, any vessel seeking a berth at a city dock for a period longer
than six (6) hours must complete, within twenty -four hours of arrival in the harbor, an Application and
Agreement for Transient Moorage (sec "Forms" in the preface of this document), or have a current copy
of sane on file in the office of the Harbormaster. Any vessel planning to remain at a city dock for a
period of less than six (6) hours must notify the Harbormaster's office of such plan prior to arrival in the
harbor.
Subsection
210 The City docks in the Small Boat Harbor include those adjacent to the fish processor's on -shore facilities,
including the licensed dock area. The dock is to be used first for receiving and delivery of fish and fish
products to the processor's on -shore facilities. In addition, the East SMIC Dock is to be used first for
receiving and delivery of fish and fish products to the processor's on -shore facilities. Reservations
remain effective if such use begins within twenty -four (24) hours of the scheduled use or landing. Late
use or arrival will be rescheduled on a space available basis. Reservation of dock use must specify
arrival and departure dates and the nature and quantity of the freight to be loaded or discharged.
A vessel or vessel agent may secure reserved dock space under the following conditions:
(1) Request for reservation is made on a Vessel Moorage Application (sec "Forms" in the preface of
this document), indicating berth and date(s) requested.
(2) Reservation request must be received by the Harbormaster a minimum of seven (7) days prior to
anticipated vessel arrival.
(3) The vessel agent or other person requesting a berth ( "berthing agent ") must provide, as may be
requested by the Harbormaster as a part of the berthing process, to the extent of his knowledge, all
information called for by any Supplement to Vessel Moorage Application (see "Forms" in the
preface of this document) or any other information respecting the vessel including, but not limited
to, its estimated arrival and departure, amount(s) and type(s) of cargo to he loaded /discharged,
estimate of amount of each category of port charges, as enumerated, and party responsible
therefor. The submission of this form, signed by the berthing agent, shall constitute the berthing
agent's attestation as to the accuracy of the information therein supplied, based upon and to the
extent of information made available to the berthing agent at the time of submission; and the
berthing agent shall be held personally liable to the City of Seward for any financial Toss suffered
by the City of Seward as a result of the agent's failure to so report accurately.
Should the berthing agent, subsequent to submission of this form, receive information which
materially differs from the information previously provided, and which information the agent
reasonably believes is not equally known to the Harbormaster, it shall immediately notify the
Harbormaster and, if requested by the Harbormaster, promptly file an amended Supplement to
Vessel Moorage Application with the Harbormaster.
(4) Ilarbormaster will determine availability of dock space and dates requested. Should scheduling
conflicts be found, the Harbormaster shall mediate a resolution which will attempt to minimize
negative impacts on both (or all) parties.
(5) Full dockage fees are payable to the City of Seward at the time of reservation. Prepaid dockage
fees will he non -refu ndahle unless a written cancellation is received by the Port a minimum of
Port and Harbor Tariff Regulations City of Seward, Alaska
Revision Dale: November 9, 2009, Effective January 1, 2011 15
fourteen (14) days prior to scheduled vessel arrival. (See also Section L Responsibility for
Charges, Collection and Guarantee of Charge.)
(6) All estimates of terminal charges are subject to approval and /or adjustment by the Harbormaster.
The Harbormaster shall promptly, after receipt of said estimate, advise the berthing agent as to (1)
its approval or adjusted estimate of terminal charges, and (2) whether posting of cash or security
is required for any one or more categories of such charges and the amount thereof.
(7) An agreement is made to work continuously utilizing not less than day and early night shifts (first
and second shifts) and multiple longshore gangs, cranes, and equipment to the fullest extent
available in accordance with circumstances then prevailing.
Subsection
210 (8) In addition to the terms for berth reservation and establishment of financial responsibility as set
forth herein, requests for berth reservation and assignments of berths shall otherwise be in
accordance with all local rules and regulations established by the City of Seward.
(e) Berth May be Granted Before Payment. For safety or other reasons, the City of Seward, in some
circumstances, may grant a vessel a temporary berth before the owner or agent has paid all applicable
charges or otherwise complied with all applicable tariff provisions or conditions of berthing. In such
circumstances, the vessel may unload its cargo only if (1) the Harbormaster determines that a regular
berth is available, and (2) the owner or agent pays all applicable charges and complies with all other
applicable tariff provisions and conditions of berthing. If no regular berth is available or the vessel
owner or agent does not pay all applicable charges and comply with other applicable provisions, the
vessel may not unload its cargo and shall sail on the next tide. The vessel shall be assessed appropriate
fees as set forth in this tariff.
(f) Charges on Vessel Shifting. When a vessel is shifted directly from one wharf or berth to another wharf
..,. or berth operated by the City of Seward, the total time at such berths will be considered together when
computing the dockage charge.
(g) Charges to Assisting Vessels. A single vessel, when actively engaged as a tug boat assisting and made
fast outboard of a vessel loading or discharging cargo, will be accorded free dockage.
NOTE: Tug boats leaving a tended vessel for the purpose of assisting any other vessel shall have waived
its right to free dockage for the entire period of berthing by its tended vessel.
(h) Notice of Hazardous Cargo and Permit Requirement. Notice shall be given to the Harbormaster of any
vessel carrying cargo which is hazardous, extremely flammable, corrosive, explosive or otherwise poses
a significant risk of harm to property or persons at least twenty -four (24) hours prior to landing or use of
docks. The Harbormaster, at his sole discretion, may issue a permit for dock use if he finds that
sufficient precautions have been taken to minimize any potential risks presented by such cargo.
(i) Dockside Lay Time. Dockside lay time may be allowed as scheduling permits. However, all vessels
must he removed from dockside within three (3) hours of receiving notice from the Harbormaster or his
agents.
215 DOCKAGE RATES
(a) Daily Dockage: Rate. The charge for dockage for all facilities outside the Small Boat Harbor is as
follows except as otherwise provided:
Overall Length of Vessel Daily Charge Per Foot
Port and Harbor Tariff Regulations City of Seward, Alaska
Revision Date: November 9, 2009, Effective January 1, 2011 16
Up to 500 ft. $ 0.58
501+ ft. $ 0.58
NOTE: Daily charge is for any period of twenty -four (24) hours. However, in cotnputing dockage
charges for any period of dockage less than twelve (12) hours, dockage charges at one -half (1/2) of one
full days dockage shall be assessed. For any dockage period greater than twelve (12) hours and less than
twenty -four (24) hours, a full days dockage shall he assessed.
Subsection
215 (b) Monthly Dockage Rate. A monthly dockage rale equal to one -half (1 /2) of the total daily dockage rate
for one month may be granted as follows:
(1) Tug Operators. Vessels employed solely in the business of providing tug service to vessels
calling at any dock or terminal facility of the City of Seward may apply to the Harbormaster for
monthly dockage rates.
(2) Vessels Under Repair. Subject to scheduling requirements, the Harbormaster may, upon request,
allow prepayment of a monthly dockage rate at the Shiplift Dock subject to all of the following
conditions:
(i) The monthly rate shall only apply to vessels that use the dock solely for vessel maintenance
and repair; and
(ii) The monthly dockage rate is paid in advance by a full 30 days; and
(iii) The user shall not be entitled to a refund for any reason including user's departure during
the 30 -day period or rescheduling of the dock use by the Harbormaster to other vessels in need of
repair or maintenance.
(c) Automatic Annual Adjustment in Dockage Rates. All dockage rates shall be adjusted annually
so as to be effective as of January 1 ', to reflect the five previous published years' average increase
in the Consumer Price Index, All Items, 1982 -84 =100 for all Urban Consumers, Anchorage,
Alaska ( "CPI ") as published by the United States Department of Labor, Bureau of Labor Statistics.
Rills sent out prior to January 1" will reflect the upcoming January 1 adjusted rates. (For
example, 2011 rates reflect an increase based on the average CPI for 2004 - 2008).
220 HANDLING, LOADING AND UNLOADING
Handling, loading and unloading services are provided by independent agents at all terminal facilities covered
by this tariff. A Terminal Use Permit is required and available to any qualified agent desiring to provide
longshore services at the terminal facilities of the City of Seward in the form attached to this tariff.
225 LABOR AND SERVICE CHARGES
A labor and service charge is assessed, in addition to any other charges set forth in this tariff, for all labor
performed by City personnel and for specific services provided by the City of Seward or its agents. Service
charges do not include charges for dockage, wharfage, wharf demurrage or handling.
(a) Specific Services. The following rates shall apply for services provided by the City of Seward:
(1) Potable water furnished to vessels
Purt and Harbor Tariff Regulations City of Seward, Alaska ..+
Revision Dale: Nor -ember 9, 2009, Effective Ammo 1, 2011 17
(i) Less than 1,000 gallons from harbor facilities not requiring City assistance or use of fire
hydrant: NO CHARGE.
(ii) All service in excess of 1,000 gallons:
(1) During regular business hours: BASIC CONNECT CIIARGE - $52.50.
(2) Outside regular business hours: BASIC CONNECT CHARGE - $105.00.
(iii) In addition to (ii) above, a variable rate of $6.32/1,000 gallons shall be charged for potable
water.
Subsection
225 (2) Electricity - Small Boat Harbor
(i) All Vessels (except Transient Vessels staying 15 consecutive days or less.
Connect fee $ 21.00
Electricity (per kilowatt hour) 125% of cost
Customer charge (per month) $15.75
(ii) Transient Vessels staying 15 consecutive days or less
Connect Fee None
Electricity (daily rate)
120 volt $10.00
.— 208 volt /single phase $20.00
208 volt /three phase $40.00
Customer charge (per month) None
(3) Electricity - Seward Marine Industrial Center
(i) Connect fee $21.00
(ii) Electricity (per kilowatt hour) $ 0.19 plus fuel adjustment factor
(iii) Customer charge (per month) $15.75
(4) Towing inside Small Boat Harbor - $52.50 plus labor
(5) Pumping vessel - $31.50 plus labor
(6) Used Oil, filter and sorbent disposal
Over 5 gallons 0.53 per gallon plus labor and equipment
Filters, sorbents 10.50 per barrel or portion thereof plus labor and equipment
(b) Labor /Personnel
(1) When labor is furnished by the City at the request of a user, it is expressly stipulated that the City
acts solely as agent of the user. The City shall charge for labor provided by the City for the
following services:
Port and Harbor Tariff Regulations City of Seward, Alaska
army
Revision Date: November 9, 2009, Effective January 1, 2011 18
(i) All services not specifically described in this tariff;
(ii) Services of loading, unloading or transferring cargo for which no specific commodity rates
are provided and which cannot be performed at the rates named under N.O.S., and cargo in
packages or units of such unusual hulk, size, shape or weight as to preclude performing
such services at rates named under individual items contained in this tariff;
(iii) Services for which no specific commodity rates are provided and any other services for
which specific rates are named in this tariff but which, because of unusual conditions or
requirements of shippers not normally incidental to such services, preclude the
performance;
(iv) Services of cleaning city docks, or terminal facilities, of dunnage, stevedore gear and other
equipment or material when the shipper, vessel owner or consignee fails to promptly clear
the facility as requested by the Harbormaster;
Subsection
225 (2) Rates named in this tariff for services involving labor are predicated upon straight -time wages for
a workday between the hours of 8:00 a.m. and 5:00 p.m., Monday through Sunday. When over-
time or penalty time wages to labor are necessary, rates are adjusted to include such penalties or
differential rates.
When a user notifies the Harbormaster of a request for labor for a specified time, and labor is on
the job and ready for work at that time, the use shall be charged from the time the labor is ready
for work until the work is concluded even if the work is delayed, provided such delay was not the
fault of the City.
(3) All labor provided by City personnel shall be charged at FIFTY TWO DOLLARS AND FIFTY
CENTS ($52.50) per hour straight -time (no premium) and SEVENTY -EIGHT DOLLARS AND
SEVENTY FIVE CENTS ($78.75) per hour overtime. Work requiring call -outs shall be charged
at a minimum of two hours at the overtime rate.
(c) Equipment. When the City utilizes City equipment to provide services under this subsection, it will
charge users for the cost of that equipment on an hourly basis at the rates charged capital projects within
the City of Seward for similar equipment.
(1) Loader $68.25 plus operator
(2) Grader $68.25 plus operator
(3) Oil Tanker $47.25
(4) Pickup Truck $ 8.40 plus operator
(5) Crane Truck $12.60 plus operator
(6) Flatbed Truck $15.75 plus operator
(7) Dump Truck $47.25 plus operator
(8) Back Hoe $31.50 plus operator
Port and Harbor Tariff Regulations City of Seward, Alaska ...�
Revision Date: November 9, 2009, Effective January 1, 2011 19
(9) Pumps $31.50 plus labor
-
(10 Smart Ash Burner $31.50 plus labor
(11) Misc. Power Equipment $3 1.50 plus labor
(d) Special Services. Except where otherwise required by law, the Harbormaster has the authority to refuse
to provide or to arrange for the provision of services in addition to those set out in Paragraph (a) above.
Special services, including waste, or garbage disposal shall be billed at the City's actual cost plus 35%
administrative overhead charges (including City labor costs as determined in Paragraphs 2 and 3 above)
plus 125% of City costs for services arranged for by the City but provided by others. Special services
shall not include the taking or handling of sewage of any kind. Sewage disposal must be accomplished
by the vessel owner or his agent pursuant to federal, state and local (City of Seward) laws, codes and
ordinances..
Subsection
225 (e) ,Miscellaneous Charges
(1 ) Meter test, each., when previous test occurred
within 24 months $ 52.50
(2) Reconnection to approved existing meter installation during
regular business hours (8:00 a.m. - 5:00 p.m.) $ 22.05
(3) Reconnection to approved existing meter;
installation outside regular business hours $147.00
(4) Deposit $105.00
(5) Tampering with or unauthorized breaking of meter seal $525.00
(6) Dishonored check fee $35.00
(7) Reconnection after disconnect of delinquent account $ 42.00
230 PASSENGER FEES
(a) Fee. In addition to other tariff provisions, the terms and conditions of this item apply and charges are
assessed to passenger vessels, sport fishing vessels, guide and outfitter vessels, and all other vessels carrying
passengers for compensation. A passenger fee of $3.50 per passenger shall he paid for each passenger
embarking or disembarking a vessel at a City Dock, as such term is defined in subsection 100 hereof. The
passenger fee is assessed once per passenger per excursion regardless of whether the passenger excursion is
one -way or round -trip. As used in this subsection, "compensation" means payment to the vessel owner or
operator whether by charter or through fares paid by or on behalf of passengers. (Res.2000 -093)
(b) Filing offorrns and payment offees. Prior to January 1 of each year, operators of affected passenger
vessels shall complete a passenger fee registration form provided by the City. Passenger fees shall be paid and
reported to the City monthly, on a form, and in a manner, provided by the City, within 30 calendar days of the
Port and Harbor Tariff Regulations City of Seward, Alaska
Revision Date: November 9, 2009, Effective January 1, 2011 20
month following the month for which the fees are due. The City may require more or less frequent filing,
depending on the account status of the filer. A return must be filed every period, even if no transactions have
occurred. Failure to file a return is subject to a missed filing fee of $25 for each missed filing. Failure to remit
all taxes collected or later found to be due by the due date, is subject to a penalty in the amount of 10% of the
amount owed, plus interest charged at the maximum rate allowed by law per year, compounded monthly.
(c) Failure to file. When an operator fails to file a return, or when the city manager finds that a return filed by
an operator is not properly supported, the city manager may prepare and file a return on behalf of the operator.
Passenger fees estimated on a return filed on behalf of the operator may be premised upon any information that
is available to the city manager including, without limitation, comparative data for similar businesses. An
operator for whom an involuntary return is filed under this subsection shall be liable for the passenger fees
stated on the return as well as any applicable penalties and interest as stated in 230 (b).
231 CAPITAL RENEWAL AND REPLACEMENT FEE
Fee. In addition to other tariff provisions, the terms and conditions of this item apply and charges are assessed
to all vessels paying moorage and/or dockage in the Seward Small Boat Harbor. A capital renewal and
replacement fee will be assessed to each vessel according to overall length. The fee will apply for each calendar
month or fraction thereof in which moorage and/or dockage charges are assessed in the Seward Small Boat
Harbor. The fee must be pre -paid with moorage, or will he billed accordingly, as follows:
$5.00 fee per month or fraction thereof: Vessels 0 to 21 feet
$10.00 fee per month or fraction thereof: Vessels 22 to 44 feet
$15.00 fee per month or fraction thereof: Vessels 45 to 79 feet
$20.00 fee per month or fraction thereof: Vessels 80 feet and longer
Fees for transient vessels shall continence when a vessel is made fast to a wharf, pier or other facility, or when a
vessel is moored to another vessel so berthed ( "rafting "). Charges shall continue until such vessel is completely
freed from and has vacated the harbor.
235 ASSISTANCE TO BOATERS AND OTHER AGENCIES FEES
In addition to other tariff provisions, when the City uses city equipment and personnel to provide assistance
(such as towing), to vessels outside of the Small Boat Harbor, the Harbormaster will charge users of those
services ONE HUNDRED THIRTY ONE DOLLARS AND TWENTY FIVE CENTS ($131.25) per hour for
the first hour, or any part thereof, and any services beyond the first hour at 150% of the City's actual costs,
including city labor costs as determined in Subsection 225 of this tariff.
240 BOAT LAUNCH RAMP FEES
(a) Operating Policy. The City owns and provides access to public launch ramps. Access to those ramps is
generally on a first -come, first -served basis, but the Harbormaster may deviate from that policy or
refuse access to a ramp when, in his judgment, the public interest would be served according to his
determination of the following factors:
(I) The degree of existing or potential congestion in the harbor including upland storage areas and
whether the proposed launch or retrieval will affect that congestion; and
(2) Whether the launch or recovery poses a risk of Toss of public or private property.
Subsection
Port and Harbor Tariff Regulations City of Seward, Alaska
Revision Date: November 9, 2009, Effec:iveJammrp 1, 2011 21
240 (b) Launch Fees. Vessels shall be charged TEN DOLLARS ($10.00) per launch from the public launch
ramps, or vessel owners or operators may obtain an annual launch permit sticker for ONE HUNDRED
�.. DOLLARS ($100.00) entitling a specific vessel and owner to launches front January 1 through
December 31 of each year. This fee excludes vessels propelled solely by human power, which shall pay
FIVE DOLLARS ($5.00) per launch, or FIFTY DOLLARS ($50.00) for an annual launch permit.
Annual fees shall not be prorated, and the Harbormaster will issue annual permits upon receipt of a
completed application and payment therefor.
245 PUBLIC SHOWERS
Public showers are available twenty -four hours a day in the restroom facilities located in the Harbormaster's
building. The showers are coin- operated, and the fee is TWO DOLLARS ($2.00) (eight quarters) for 7 minutes.
Change is available in the Harbormaster's office during regular business hours.
250 50 -TON TRAVELIFT
(a) Operating Policy. The City owns and operates a 50 -ton Travelift in the Small Boat Harbor. The
Harbormaster generally schedules vessel lifts on a first -come, first - served basis, but he may deviate from
that policy or refuse a lift when, in his judgment, the public interest would be served. In making this
public interest finding, the Harbormaster will consider the following factors:
(1) The degree of existing or potential congestion in the harbor, including upland storage areas, and
whether the proposed lift will affect that congestion; and
(2) Whether the lift poses a risk of Toss of public or private property, including potential damage to
the Travelift or other city property and/or a risk of injury to people.
(b) Boat Lift Agreement. No vessel shall be lifted from land or water without a boat lift agreement (in the
form attached to this tariff) having first been completed. It shall be the responsibility of the vessel
owner /operator arranging the lift to provide the Harbormaster with all relevant information to conduct a
safe lift including, but not limited to, the following:
(1) Vessel displacement;
(2) Vessel hull type and configuration;
(3) Location of all hull attachments and through- the -hull fittings including propeller shafts, rudders,
etc.;
(4) Location, weight and type of ballast, fuel and water tanks; and
(5) Any special lift requirements to avoid vessel damage.
(c) Responsibilities. The vessel owner /operator, or his agent, must be present during all vessel lifts and must
inspect and approve the City's proposed placement of lift slings, lines and destination location. It is the
responsibility of the vessel owner /operator, or his agent, to provide all blocking materials, to block the
vessel, and to approve the placement of the vessel on said blocking. It is also the responsibility of the
vessel owner /operator, or his agent, to assure that any vessel cradles or trailers upon which the vessel is
to be placed are adequate in design and strength to safely accommodate the vessel.
It is the responsibility of the vessel owner /operator to assure that adequate handling lines are placed and
manned on the vessel upon its return to the water.
Port and Harbor Tariff Regulations City of Seward, Alaska
Revision Date: November 9, 2009, EJfectiveJanuary 1, 2011 22
Subsection
250 (d) Dockside Lay Tune. Dockside lay time may be allowed as scheduling permits. However, all vessels
must be removed from dockside within three (3) hours of receiving notice from the Harbomtaster or his
agents.
255 50 -TON TRAVELIFT FEES
(a) Description of Charge. The lift fee is the charge for lifting a vessel from the water or the land utilizing
the City's 50 -ton Travelift. A separate lift fee is generated whenever a vessel is lifted, even if it is only
lifted and relocated on land. Lift fees do not include overtime labor charges for operation of the
Travelift system as described in Subsection 225 of this tariff.
(b) Lift Fee
(1) Minimum Fee. The minimum fee for a lift shall be TWO HUNDRED THIRTY SIX DOLLARS
AND TWENTY FIVE CENTS ($236.25) for the first hour of use or any portion of time less than
one hour. The lift fee will be determined by the overall length of the vessel. A full lift fee is
earned once a lift has commenced, even if that lift is subsequently interrupted, suspended or
canceled for any reason. The risk of loss because of a suspended or canceled lift by reason of
mechanical failure or difficulty with the Travelift system is the responsibility of the vessel
owner /operator. Once a lift is scheduled and the boat owner fails to show or cancel the lift at least
one hour prior to the scheduled lift time, the minimum lift fee will be charged.
(2) Additional Lift Fee Rates for Large Vessels. In addition to the minimum fee, the lift fee shall be
TWENTY ONE DOLLARS ($21.00) per foot of vessel length for each foot over fifty (50) feet
during the first hour of use or any portion of time less than one (1) hour.
(3) Second and Additional Hours of Lift. All time in excess of one (1) hour shall be charged in
fifteen (15) minute increments at the rate of FIFTY -NINE DOLLARS AND SIX CENTS
($59.06) per one - quarter (1/4) hour or any portion of time less than one - quarter (1/4) hour.
(4) Relocation Fee. Relocation of all vessels on the uplands shall be charged at a rate of TWO
HUNDRED THIRTY SIX DOLLARS AND TWENTY FIVE CENTS ($236.25) per hour.
260 250 -TON TRAVELIFT
(a) Operating Policy. The City owns and operates a 250 -ton Travelift in the Seward Marine Industrial
Center. The Harbormaster generally schedules vessel lifts on a first -come, first - served basis, but he may
deviate from that policy or refuse a lift when, in his judgment, the public interest would be served. In
making this public interest finding, the Harbormaster will consider the following factors:
(I) The degree of existing or potential congestion in the harbor, including upland storage areas, and
whether the proposed lift will affect that congestion; and
(2) Whether the lift poses a risk of loss of public or private property, including potential damage to
the Travelift or other city property and/or a risk of injury to people.
(b) Boat Lift Agreement. No vessel shall be lifted from land or water without a boat lift agreement (in the
form attached to this tariff) having first been completed.
It shall be the responsibility of the vessel owner /operator arranging the lift to provide the Harbormaster
with all relevant information to conduct a safe lift including, but not limited to, the following:
Port and Harbor Tariff Regulations City of Seward, Alaska
Revision Date: November 9, 2009, Effective January 1. 2011 23
Subsection
260 (1) Vessel displacement;
(2) Vessel hull type and configuration;
(3) Location of all hull attachments and through- the -hull fittings including propeller shafts, rudders,
etc.
(4) Location, weight and type of ballast, fuel and water tanks; and
(5) Any special lift requirements to avoid vessel damage.
(c) Responsibilities. The vessel owner /operator, or his agent, must be present during all vessel lifts and must
inspect and approve the City's proposed placement of lift slings, lines and destination location. It is the
responsibility of the vessel owner /operator, or his agent, to provide all blocking materials, to block the
vessel, and to approve the placement of the vessel on said blocking. It is also the responsibility of the
vessel owner /operator, or his agent, to assure that any vessel cradles or trailers upon which the vessel is
to he placed are adequate in design and strength to safely accommodate the vessel.
It is the responsibility of the vessel owner /operator to assure that adequate handling lines are placed and
manned on the vessel upon its return to the water.
(d) Dockside Lay Time. Dockside lay time may be allowed as scheduling permits. However, all vessels
must be removed from dockside within three (3) hours of receiving notice from the Harbormaster or his
agents.
265 250 -TON 'I'RAVELIFT FEES
(a) Description of Charge. The lift fee is the charge for lifting a vessel from the water or the land utilizing
the City's 250 -ton Travelift. A separate lift fee is generated whenever a vessel is lifted, even if it is only
lifted and relocated on land. Lift fees do not include overtime labor charges for operation of the
Travelift system as described in Subsection 225 of this tariff.
(b) Lift Fee
(1) Miuiniurn Fee. The minimum fee for a lift on the 250 -ton Travelift shall be THREE HUNDRED
FORTY SIX DOLLARS AND FIFTY CENTS ($346.50) for the first hour of use or any portion
of time less than one (1) hour. The overall length of the vessel will determine the lift fee. A full
lift fee is charged once a lift has commenced, even if that lift is subsequently interrupted,
suspended or canceled for any reason. The risk of loss because of a suspended or canceled lift by
reason of mechanical failure or difficulty with the Travelift system is the responsibility of the
vessel owner /operator. Once a lift is scheduled and the boat owner fails to show or cancel the lift
at least one hour prior to the scheduled lift time, the minimum lift fee will be charged.
(2) Additional Lift Fee Rater for Large Vessels. For all vessels over FIFTY FIVE (53) feet in length,
an additional TWENTY ONE DOLLARS (521.00) shall be charged for each foot of vessel length
over fifty five (55) feet during the first hour of use or any portion of time less than one (1) hour.
(3) Second and Additional Hours of Lift. For use of a lift in excess of one (1) hour, a fee of THREE
HUNDRED FORTY SIX DOLLARS AND FIFTY CENTS ($ 346.50) per hour shall be charged.
This charge shall he assessed in not less than fifteen (15) minute increments of EIGHTY SIX
Port and Harbor Tariff Regulations City of Seward, Alaska
Revision Date: November 9, 2009, Effective January 1, 2011 24
DOLLARS AND SIXTY THREE CENTS ($86.63) and shall be generated per one - quarter (1/4)
hour or any portion of time less than one - quarter (1/4) hour.
Subsection
265
(4) Relocation Fee. Relocation of all vessels on the uplands shall be charged at a rate of THREE
IIUNDRED FORTY SIX DOLLARS AND FIFTY CENTS ($346.50) per hour.
270 SHIPLIFT FEE
(a) Description of Charge. The shiplift fcc is the charge for lifting a vessel from the water and returning it to
the water utilizing the shiplift.
(b) Lift Fee. The shiplift fee shall be based upon vessel length. A full shiplift fee is earned once a lift has
commenced, even if that lift is subsequently interrupted, suspended or canceled for any reason. The risk
of loss because of a suspended or canceled lift by reason of mechanical failure or difficulty with the
shiplift system is the responsibility of the permit holder and the vessel owner.
(c) Basis for Computing Charges. The shiplift fee will be determined by the overall length of the vessel.
Overall length shall be construed to mean the linear distance, expressed in feet, from the most forward
point at the stem to the aftennost part of the stern of the vessel, measured parallel to the base line of the
vessel.
For shiplift fee purposes, overall length of the vessel as published in "Lloyd's Register of Shipping" will
be used. If no such figure appears in "Lloyd's Register ", the shiplift operator reserves the right to: .�
(1) Obtain the overall length from the vessel's register, or
(2) Measure the vessel.
(d) Preference to Reserved Use. Priority is given to shiplift use reserved in advance with the shiplift
operator. Reservations remain effective if such use begins within twenty -four (24) hours of the
scheduled use. Late use or arrival will be rescheduled on a space - available basis. Reservations must
specify arrival and departure dates and the nature of the work to be performed.
A permit holder may secure a reservation under the following conditions:
(1) Request for reservation is made on a Vessel Shiplift Use Application (see "Forms" in the preface
of this document) indicating rail and date(s) requested.
(2) Reservation request must be received by the shiplift operator a minimum of 7 days prior to
anticipated vessel arrival.
(3) The permit holder must provide, as may be requested by the shiplift operator as a part of the
lifting process, to the extent of his knowledge, all information called for by any Supplement to
Shiplift Use Application (see "Forms" in the preface of this document) or any other information
respecting the vessel including, but not limited to, its estimated arrival and departure, amount(s)
and type(s) of cargo on board, and estimate of amount of each category of port charges, as
enumerated. The submission of this form, signed by the permit holder or his agent, shall
Port and Harbor Tariff Regulations City of Sewrn•d, Alaska
Revision Date: November 9, 2009, Effective January 1, 2011 25
constitute the permit holder's attestation as to the accuracy of the information therein supplied;
and the permit holder shall be held personally liable to the shiplift operator and the City of Seward
for any financial loss suffered by the shiplift operator and City of Seward as a result of the permit
holder's failure to so report accurately.
Subsection
270 Should the permit holder, subsequent to submission of this form, receive information which
materially differs from the information previously provided, and which information the permit
holder reasonably believes is not equally known to the shiplift operator, it shall immediately
notify the shiplift operator and, if requested by the shiplift operator, promptly file an amended
Supplement to Shiplift Use Application with the shiplift operator.
(4) Full lift fees are payable to the shiplift operator at the time of reservation. Prepaid lift fees will be
non - refundable unless a written cancellation is received by the shiplift operator a minimum of
fourteen (14) days prior to scheduled vessel lift. (See also Section I, Responsibility for Charges,
Collection and Guarantee of Charge.)
(5) All estimates of charges are subject to approval and/or adjustment by the shiplift operator. The
shiplift operator shall promptly, after receipt of said estimate, advise the permit holder as to (1) its
approval or adjusted estimate of lift charges, and (2) whether posting of cash or security is
required for any one or more categories of such charges and the amount thereof.
(6) An agreement is made to work continuously on moving the vessel through the shiplift system
utilizing not less than day and early night shifts (first and second shifts) and equipment to the
fullest extent available in accordance with circumstances then prevailing.
(7) In addition to the terms for lift reservation and establishment of financial responsibility as set forth
herein, requests for lift reservation and assignments of lifts shall otherwise be in accordance with
all local rules and regulations established by the City of Seward.
(e) Berth May be Granted Before Payment. For safety or other reasons, the shiplift operator, in some
circumstances, may allow the lift of a vessel before the permit holder or agent has paid all applicable
charges or otherwise complied with all applicable tariff provisions or conditions of lifting.
(f) Inspection of Vessels on the Shiplift Platform. Except in extraordinary circumstances and with the prior
approval of the Harbormaster, vessels are not to be inspected on the shiplift platform. All vessels are to
be lifted utilizing a moveable cradle system. Inspections of lifted vessels are to be limited to ascertaining
that a vessel is properly positioned on a cradle system and ready to be moved through the shiplift system
to a repair booth.
(g) Repairs to Ves.vels on the Shiplift System. Vessels may not occupy the shiplift system for the purposes of
repairs to the vessel. THERE ARE TO BE NO VESSEL REPAIRS MADE ON THE SHIPLIFT
SYSTEM. The shiplift system is to be used only for the movement of vessels to a repair berth off the
system or the return of a vessel from a repair berth to the water. A vessel that is not being moved will be
permitted to occupy space on the shiplift only with the understanding that it shall be moved when the
shiplift system is needed for any reason, including maintenance of the system. A vessel on notice to
move which refuses to move will he assessed lay charges at TEN (10) times the normal rate, starting at
the time the vessel is noticed to vacate. In addition, vessels refusing to vacate on demand may be moved
by shiplift operator personnel or otherwise, and any expenses, damages to vessel or to other vessels or
shiplift system during such removal shall be charged to the vessel so moved. All vessels using the
Port and Harbor Tariff Regulations City of Seward, Alaska
Revision Date: November 9, 2009, Effective January 1, 2011 26
shiplift system without proper authorization must be removed on receipt of notice from the Harbormaster
of his agents.
(h) Notice of Hazardous Cargo and Permit Requirement. Notice shall be given to the shiplift operator at the
time of reservation of the fuel, ballast and any unusual weight distribution or structural requirements for
lifting each vessel. Notice shall be given of any vessel carrying cargo which is hazardous, extremely
flammable, corrosive, explosive or otherwise poses a significant risk of harm to property or persons at
Subsection
270 least twenty -four (24) hours prior to landing or use of the shiplift system. The shiplift operator, at his
sole discretion, may issue a permit for shiplift system use if he finds that sufficient precautions have been
taken to minimize any potential risks presented by such vessel.
(i) Dockside Lay Time. Dockside lay time may be allowed as scheduling permits. However, all vessels
must he removed from dockside within three (3) hours of receiving notice from the shiplift operator or
his agents.
(j) Lift Fee Rates. The lift fee shall be TEN DOLLARS AND FIFTY CENTS ($10.50) per foot of vessel
length. This fee does not include labor charges for operation of the shiplift system as described in
Subsection 225. This fee does not include any daily lay charge as described in Subsection 265.
275 DAILY SHIPLIFT LAY CHARGE
(a) Description of Change. The daily lay charge is the charge for vessels either on the shiplift system or
upland of the shiplift system on repair berths.
(b) Lay Fee. Daily lay charges shall be based on the number of complete or partial days a vessel is on the
shiplift system or upland of the system. Each day commences at 12:01 a.m. In computing daily lay ....
charges for less than 12 hours, lay charges at one- half(1 /2) of one full day's charge shall be assessed.
For any lay time greater than 12 hours and less than 24 hours, a full day's lay charge shall be assessed.
(c) Basis for Computing Charges. The daily charges shall be assessed against a vessel regardless of vessel
size or length.
(d) Rate. The daily charge is TWO HUNDRED TEN DOLLARS ($210.00) per day or a portion thereof.
Vessels using side rails shall be assessed a lay charge of THREE HUNDRED FIFTEEN DOLLARS
($315.00) per day or a portion thereof.
280 UPLAND STORAGE
(a) Area of Land Available. The City of Seward will make available a limited area of land in the Small Boat
Harbor and the Seward Marine Industrial Center (SMIC) for storage of boats or boats on trailers subject
to the following conditions:
(1) Space is made available on a first -come, first served basis.
(2) No vessel or trailer may be placed on the designated upland storage area without prior permission
of the Harbormaster.
(3) Subject to City of Seward policy and procedures, vessels undergoing active repairs may use
upland storage space. Charges assessed depend upon the nature of work being conducted.
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(b) Calculation of Rates. Charges shall be based on the overall length of the vessel or trailer (whichever is
greater) and shall be based on a per- calendar -month charge.
(c) Lay Time Rates
(1) Small Boat Harbor. Lay time for upland storage in the Small Boat Harbor shall be charged at a rate
of NINE DOLLARS AND NINETEEN CENTS ($9.19) per day for stays of ten (10) days or less in any
calendar month. For stays of eleven (11) days or more in any calendar month, the lay time shall be
charged at a rate of NINETY ONE DOLLARS AND EIGHTY EIGHT CENTS ($91.88) per calendar
month for a vessel, trailer or cradle up to fifty (50) feet in length. The monthly charges for larger vessels
shall include an additional ONE DOLLARAND FIFTY EIGHT CENTS($1.58) per foot for each foot
over fifty feet in length.
Subsection
(2) Seward Marine Industrial Center. Lay time for upland storage in the Seward Marine Industrial
Center shall be charged at a rate of ten cents ($0.10) per linear foot of the overall length of the
vessel per calendar day. For stays of longer than one year, the lay time shall be charged at a rate of
twenty cents ($0.20) per linear foot of the overall length of the vessel per calendar day after one
year.
(d) Empty Cradles /Trailers and Equipment. For purposes of this tariff, a vessel trailer or cradle or
equipment stored beyond a 10 foot radius of the vessel shall be measured and charged thirty cents
($0.30) per square foot per calendar day. Cradles, trailers or equipment placed or remaining on the
upland storage area prior to or after a vessel is stored shall generate storage fees at this rate.
285 WIIARFAGE
MMINIV
(a) Application of Charge. Wharfage rates named in this tariff will be charged for all merchandise received
over the city docks of the City of Seward and will be in addition to all other charges made under
provisions of this tariff, EXCEPT:
No wharfage shall be charged to ship's gear, such as strongbacks, lines, hatch covers, walking hoards,
etc., placed on wharf during unloading operations. Fuel handled over wharf will not be considered as
ship's stores and will be subject to wharfage and other charges that may be incurred.
(b) Over -side, One -half of wharfage named herein will be charged to merchandise discharged or
loaded over -side of vessel directly to or from another vessel or to the water when vessel is berthed at a
wharf.
(c) Over - stowed Cargo. Over - stowed cargo destined for discharging at another port will be exempt of
wharfage charges, provided that such cargo is not removed from wharf prior to reloading to the vessel.
290 WHARFAGE RATES
(a) Schedule of Standard Rates. Except as otherwise specifically provided, rates are in dollars per ton of
2,000 pounds or per 40 cubic feet.
Commodity Wharfage Rate
Freight N.O.S $ 3.15
Port and Harbor Tariff Regulations City of Seward, Alaska
Revision Date: November 9, 2009, Effective Jaunt 1, 2011 /1
Scrap (iron, steel) $ 3.15
Raw fish, unprocessed $ 3.15
Subsection
290 Poles, logs, cants or cut finished lumber
per MBM (Note: 2,000 lbs shall he deemed 1 MBM $ 3.15
Petroleum products (inbound) per barrel $ 0.18
Petroleum products (outbound) per barrel S 0.25
Petroleum products (gasoline) per gallon $ 0.0105
Plastic material $ 4
Explosives $ 26.25
Vans or containers (net contents weight) $ 2.10
Vehicles (gross vehicle weight $ 5.25
Bulk gravel $ 0.26
Bulk salt $ 0.89
(b) Discount Rates Based on Guaranteed Payments. Upon approval by the Seward City Council, those
shippers who guarantee minimum levels of wharfage payments regardless ()factual shipments may obtain
a written prepayment agreement (in the form attached to this tariff). The discounted rates shall be as
follows based on a guaranteed annual payment of at least S250,000 regardless of volume shipped:
Timber and timber products, first 100,000 tons $ 1.58 /ton
Next 80,000 tons $ 1.31 /ton
Excess over 180,000 tons $ 0.53 /ton
295 WHARF DEMURRAGE
(a) Description of Charge. A charge will be assessed against cargo remaining in or on terminal facilities
after the expiration of free time, unless arrangements have been made for storage.
(b) Calculation of Free Time. Free time is calculated exclusive of Saturdays, Sundays or holidays. Free
time starts at 7:00 a.m. after freight is received or unloaded onto wharf from car of truck or, in the case of
freight received from vessel, at 7:00 a.m. after completion of vessel's discharge. On outbound traffic, the
day or days vessel is loading are not included in the computation. On inbound traffic from vessel,
delivery of which is made after the allotted free time, the day freight is loaded out or delivered to truck or
car is to be included in the computation as a storage day.
When freight is transshipped between deep -sea vessels and involves application of both a long and a
short time period, the longer period shall be allowed, but not the aggregate of any two free time periods.
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Revision Dale: November 9, 2009, Effective. /anaaty 1, 2011 29
(c) »'ree time. Free time of five days will be allowed on all inbound traffic. Free time of ten days will be
allowed on all outbound traffic.
.r.
Subsection
295 (d) Rates. After expiration of applicable free time, wharf demurrage will be assessed at the following rates
(per day, per ton (2,000 lbs.) or portion thereof):
Commodity First 5 days After 5 days
All freight,' V.O.S. $ 1.26 $ 2.52
Mobile homes, portable buildings,
living quarters $26.25 /day /unit $105.00 /day /unit
Upon prior arrangement with the Harbormaster, upland storage will be billed monthly at a rate of
TWENTY -SIX CENTS ($.26) per square foot for each month or fraction thereof after expiration of free
time above.
(e) Lary -Down Areas. All cargo is expected to vacate city docks, wharves and piers as soon upon arrival as
possible, Cargo is not to be stored on city docks, piers and wharves awaiting pick up by vessels unless
prior arrangements are made with the Harbormaster. The Harbormaster shall have the discretion to
refuse all cargo activities and /or lay -down, either inbound or outbound. Cargo that is allowed to wait for
"beyond" transportation shall adhere to the following rules:
(I) Lay down areas are outside of 100' of water front immediately adjacent to the dock, wharf or
ramp.
(2) Cargo may not be placed on the city docks or terminal facilities except in the designated lay -down
areas.
(3) Cargo and freight not placed in a designated lay -down area must be immediately removed from a
city dock or terminal facility upon order of the Iarbormaster.
(4) A vessel, shipper or consignee who refuses to move cargo on demand will be assessed wharf
demurrage at five times its applicable rate, starting at the time the vessel, shipper or consignee is
noticed to move the cargo.
(5) In addition, the Harbormaster may, in his discretion, move cargo or freight, and any expense or
damages, including damage to cargo or freight during such movement, shall be charged to the
vessel, shipper or consignee, except for damages caused by the City's own negligence.
Port and Harbor Tariff Regulations City of Seward, Alaska
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