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HomeMy WebLinkAboutRes2014-003 Sponsored by: PACAB CITY OF SEWARD,ALASKA PORT AND COMMERCE ADVISORY BOARD RESOLUTION 2014-03 A RESOLUTION OF THE PORT AND COMMERCE ADVISORY BOARD RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,AMENDMENTS TO SECTION 205 OF THE PORT &HARBOR TARIFF REGULATIONS RELATING TO SHORT-TERM VESSEL STAY AND PAYMENT OF TRANSIENT (GUEST)MOORAGE WHEREAS,the current tariff regarding payment of monthly moorage for transient(guest) vessels in the harbor requires payment on a calendar month basis with no payments in arrears; and WHEREAS,the current tariff can result in higher payments for transient(guest)vessels who arrive after the first day of a calendar month and must pay the daily moorage rate; and WHEREAS,the Harbormaster implemented new computer software in 2012 and 2013 that now allows monthly moorage to be calculated and paid on a monthly basis from any date,not just the first day of a calendar month; and WHEREAS,the City welcomes all visitors and vessels,and would like to amend the Seward City Code to minimize the financial impact on transient vessels staying less than four hours and vessels arriving after the first day of a calendar month in the Seward Small Boat Harbor. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. Sections 200 and 205 of the Port & Harbor Tariff Regulations entitled respectively Moorage and Moorage Rates are amended as follows: Strikeout=delete Bold Italics=new Table of Contents SECTION II-SERVICES AND CHARGES 200 MOORAGE 9 Outside the Small Boat Harbor Within the Small Boat Harbor (a) Assignment of Berths (b) Waiting List for Permanent Reserved Slip Assignment (c) Permanent Reserved Slip Assignments (d) Grace Period for Late Renewals (e) New Permanent Reserved Slip Assignment Port and Commerce Advisory Board RESOLUTION 2014-003 (f) Penzaaftent Reserved and Temporary(Transient) Slip Assignments (g) Notice Upon Arrival (h) Vessel Registration SECTION II - SERVICES AND CHARGES 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 Harbormaster. 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 for PerMa146914 Reserved Slip Assignment. Due to the demand for slips on the City of Seward float system,vessels will be assigned permanent reserved 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 45 to 54 feet) 60 feet(accommodates vessel 55 to 64 feet) 75 feet(accommodates vessel 65 to 79 feet) 90 feet(accommodates vessel 80 to 94 feet) 100 feet(accommodates vessel 95 to 104 feet) 105 feet or longer-side tie only-up to 150 feet Assignments to a permanent reserved slip from the waiting lists shall be made year round 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 of THIRTY ONE DOLLARS AND FIFTY CENTS($31.50)per year per listing on the waiting list(s)for a permanent reserved slip assignment. The wait list year runs November 1 through October 31.. (c) Permanent Reserved Slip Assignments Port and Commerce Advisory Board RESOLUTION 2014-003 (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 reserved slip assignment to a vessel is not a lease or right to occupy a particular slip and may not be assigned. (3) To maximize the use of the Small Boat Harbor,a permanently reserved assigned slip may be assigned to a transient vessel when the permanently reserved assigned owner/vessel is out of the harbor. (4) Upon the return of the permanently reserved 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 reserved slip assignment may berth at that assigned slip. (5) A vessel assigned a permanent reserved slip assignment must 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 reserved assigned vessel should notify the Harbormaster of its intended arrival date and time back into the Small Boat Harbor. (d) Grace Period for Late Renewals.A permanent reserved slip holder who fails to renew by December 31 may renew prior to January 15 rather than relinquish the slip, provided that(1) all other permanent reserved moorage requirements are met,and the applicable transient rate is paid on or before January 15. (e) New permanent Reserved Slip Assignment. For a new permanent reserved slip moorage agreement entered into after January 1,the following rules and charges apply: (1) If the customer has already paid for transient moorage,the customer charges will be converted from transient charges to reserved tenant charges on the effective date of the slip assignment. The reserved tenant annual moorage fee shall be charged on a pro-rated basis and is due in full on the date of the slip assignment. (2) If the customer is new to the harbor and has not paid any moorage fees, the reserved annual moorage fee shall be charged on a prorated basis and is due in full on the date of the slip assignment. (3) As stated in paragraphs(e)(1)and(2)above,pro-rated basis shall be calculated by dividing the annual moorage amount by 12,and charging the new tenant 1/12th of the reserved annual tenant moorage rate per calendar month for the remainder of the calendar year. If a slip assignment occurs during a calendar month,the partial month will be charged the lesser of the daily rate or 1/12t the annual amount. (f) Permanent Reserved 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 reserved assigned slip and the second is a transient slip. Reserved sSlips that are permanently assigned to a boat/owner may be used for transient moorage when the permanently reserved assigned vessel is away from the slip. (g) Notice Upon Arrival. All vessels should notify the Seward Small Boat Harbor office prior to arrival. Those vessels which have received permanently reserved assigned slips should notify the Port and Commerce Advisory Board RESOLUTION 2014-003 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 reserved assigned slip due to congestion, high winds or safety considerations, a vessel with a permanently reserved 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:west side of X float;south side of F float;L float;R float;I dock;and T 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. (h) 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 days charge.; previdedTthat-the The Harbormaster may, in his sole discretion advance notice,waive a daily charge rate for a vessel,provided that: (1) Notice is made in writing prior to mooring in the Seward Boat Harbor, (2) Vessel stay is no more than 4 hours,and (3) - . ._ , . -• .:, - ._ Harbormaster determines that congestion and use of the public facilities by others will not be adversely affected. The Ciry of Seward retains the right,in its sole discretion,to determine whether a vessel berthed at any time will be charged a full day's charge. Moorage charges shall be calculated on the overall length 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 1st,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 1st will reflect the upcoming January 1st adjusted rates.(For example,2014 rates reflect an increase based on the average CPI for 2007-2011). 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 stem 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. Port and Commerce Advisory Board RESOLUTION 2014-003 For billing purposes,overall length of the vessel as published in"Lloyd's Register of Shipping"maybe used.The City of Seward reserves the right to: (1) Obtain the overall length from the vessel's register,or (2) Measure the vessel. (c) Transient(Guest)Daily Rates.With the exception of vessel owner/operators who have paid an annual, semi-annual,or monthly fee in advance,all temporary or transient moorage charges shall be calculated on the daily rate. The daily rate shall be$0.70 per lineal foot of overall length of the vessel. (See Appendix A for a listing of Transient Moorage Rates according to vessel length): (21) Transient(Guest)Annual Rate.The Annual Rate shall be$52.23 per lineal foot. (22) 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. (�3) 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 (18%) 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, The succeeding payments are due on or before the Est same day of the each succeeding calendar month . (d) Reserved Moorage Rates for Slip Assignments.Moorage charges shall commence on the date a slip assignment is accepted.Charges shall continue until the holder ceases to have a qualifying interest in a vessel suitable for the assigned space, until the holder's death, or until the holder's voluntary or involuntarily relinquishment of the space.Prepayment of moorage is required.(See Appendix B for a listing of moorage rates according to vessel length): (1) The vessel owner/operator must complete an Application and Agreement for Reserved Moorage,in the form attached to this tariff. (2) Annual Rate.The vessel owner/operator has paid the annual fee based on the length of the vessel,or,the length of the slip,whichever is greater.The Annual Rate shall be$47.47 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 en-er Port and Commerce Advisory Board RESOLUTION 2014-003 _. _ ... . ,,, .The second installment is due on or before the first same day of the each calendar month six(6)months thereafter. (4) 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 (18%) 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, The succeeding payments are due on or before the first same day of the each calendar month . (5) All permanently reserved 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 at the annual rate or 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 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 on or before the last day of each month of the current year. (e) 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. Section 2. This Resolution will be forwarded to the City Council for direction. Section 3. This resolution shall take effect on the same date as the corresponding City Code Ordinance. • PASSED AND APPROVED by the Port and Commerce Advisory Board, this 2nd day of April, 2014. THE CITY OF SEWARD,ALASKA /PAr■ 'iI Deborah Altermatt,Chair AYES:Hughes, Linville, Oliver, Schaefermeyer • NOES:None ABSENT: Jaffa,Fink,Altermatt ABSTAIN:None • Port and Commerce Advisory Board RESOLUTION 2014-003 ATTEST: /LIAO/ PR- Jo anna Kinn ` C Clerk (City Seal) gOGns 613�e HCgQeB� ‘)-4,74 Rai • h_a ss..+r sa ct o o C±,n� Gl • 6g®Qd6tidAded co~tl - 1