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HomeMy WebLinkAbout10242011 City Council Packet Seward City Council Agenda Packet ii _ \ v 1 - •\ � flap- Halloween October 24 2011 City Council Chambers Beginning at 7: OO p. m. 1963 1965 2005 The City of Seward, Alaska CITY COUNCIL MEETING AGENDA °F Ail - America City 1 111I F {Please silence all cellular phones and pagers during the meeting} ► October 24, 2011 7:00 p.m. Council Chambers 1. CALL TO ORDER David Seaward 2. PLEDGE OF ALLEGIANCE Mayor 3. SWEARING IN OF NEWLY ELECTED OFFICIALS Term Expires 2013 4. ROLL CALL 5. CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE Jean Bardarson ITEMS SCHEDULED FOR PUBLIC HEARING [Those who Vice Mayor have signed in will be given the first opportunity to speak. Time is Term Expires 2012 limited to 2 minutes per speaker and 30 minutes total time for this agenda item.] Robert Valdatta 6. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval Council Member of Consent Agenda passes all routine items indicated by asterisk ( *). Term Expires 2013 Consent Agenda items are not considered separately unless a council member so requests. In the event of such a request, the item is Christy Terry returned to the Regular Agenda] Council Member Tenn Expires 2013 7. SPECIAL ORDERS, PRESENTATIONS AND REPORTS A. Proclamations and Awards Vanta Shafer Council Member 1. TYC Councils Day Proclamation ....Pg. 3 Term Expires 2013 2. October is Domestic Violence Awareness Month Pg. 4 3. Extra Mile America Proclamation Pg. 5 Marianna Keil Council Member B. Chamber of Commerce Report Term Expires 2012 C. City Manager's Report Ristine Casagranda D. City Attorney's Report Council Member E. Mayor's Report Term Expires 2012 F. Other Reports and Presentations 1. Update on Alaska SeaLife Center by President and CEO Ian Kris Erchinger Dutton. Acting City Manager Johanna Kinney City Clerk Cheryl Brooking City Attorney City of Seward, Alaska Council Agenda October 24, 2011 Page 1 8. PUBLIC HEARINGS A. Resolutions Requiring A Public Hearing 1. Resolution 2011 -079, Amending The Wastewater Tariff And Providing For A 6% Increase In Calendar Year 2012 And A 6% Increase In Calendar Year 2013 And Providing For An Automatic Annual Adjustment Thereafter To All Rates And Fees By An Amount Equal To The Five Previous Full Years' Average Increase In The Anchorage Consumer Price Index For All Urban Consumers Pg 6 2. Resolution 2011 -080, Amending The Water Tariff And Providing For A 4% Increase In Calendar Year 2012 And 6% Increase In Calendar Year 2013 And Providing For An Automatic Annual Adjustment Thereafter To All Rates And Fees By An Amount Equal To The Five Previous Full Years' Average Increase In The Anchorage Consumer Price Index For All Urban Consumers Pg. 29 3. Resolution 2011 -081, Amending The Electric Rates And Charges Tariff To Include Automatic Annual Adjustments To All Rates And Fees By A Cumulative Amount Of Ten Percent In 2012 And Five Percent In 2013 Pg. 76 4. Resolution 2011 -082, Amending The Port & Harbor Tariff Regulations For 2012 And 2013 ..Pg. 106 9. UNFINISHED BUSINESS A. Ordinances for Introduction Postponed from a Previous Agenda 1. Ordinance 2011 -004, Amending Portions Of Seward City Code 15.10.140 Definitions To Change, Update And Accommodate The Wishes Of The Public. (postponed from the August 22, 2011 meeting) Pg. 267 10. NEW BUSINESS A. Other New Business Items *1. Approval of the October 10, 2011 City Council Meeting Minutes Pg. 295 2. Nominate, elect, and swear -in a member as Vice -Mayor Pg. 305 3. Mayor appoints Board and Commission liaisons .Pg. 306 4. Council discussion on allowing a City of Seward SBCFSAB seat to become an area wide seat Pg. 307 11. INFORMATIONAL ITEMS AND REPORTS 12. COUNCIL COMMENTS 13. CITIZENS' COMMENTS [5 minutes per individual - Each individual has one opportunity to speak.] 14. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS 15. ADJOURNMENT City of Seward, Alaska Council Agenda October 24, 2011 P age 2 P ROCLAMAT!ON WHEREAS, the L ity 01'Seward Parks and Rccrcatiori Department leas nlen tored youth and teens tllrolt h of allized volunteer service councils, and the Peen �'outh Cen ter teaches councils in skill developrtlent and recr'cationa activities; Gild WHEREAS, 1 learning objectives for this sc hool year include dentonstrating how to ur; opportunities to accept peer leadership; displaying re sponsjbility for self, the TY C building vol and ntee our co mmunity nemlibers; and sharing 'lessons in holiesty and integrity; and WHEREAS, the Teen Council attracts high school age. students with resume building, leadership and scholar sl i 7 possibthtzes, and Teen 'Council 1t1en1ber S' assts the elemetltaxy age children 111 `lloltlewor'l help'; and WHEREAS, the Junior Council successfully guides middle school students in slack room, sales, .inventory and customer service :skills and event hosting and planning; and WHEREAS, the You Council t ia c hes 5' and 6t grade studen in the introduction of teamwork and counc w event decoration and'p annirtg; i1d WHEREAS all three councils `par' ticipate m it e :lessons, Gc r�tt but ng thousands of hours of volunteer work, earn ning tiierit points and up to ,00 i year i 1 fund - raising; and WHEREAS, the cormlurtrty of ;Seward tales gtea towal -prt n Elie service and leade ship of our youth and youngdultS. , :.;. NOW, TFIEREFOR£, a be it resplvet that 1, David Sea vaz , ayot^ of t tty of Alaska, do hereby: prociaim Monday, ctobei. 25, 2011'.to'be" T�'G C ©un CI1S Da in the (:ity of Seward, and 11 all citizens to recogn1 thank ota.r_zCouzlcz1s t o t ' their dedication, co�urnitinent and hours of service DATED THIS 2 4 r " DAY OF OCTOBER 20'7 � t� SEWARD,'AI SKA r N „! F 41. { • Y I A EAWARD, 1�/il#?t'/3R •§ 44 s Nw aT �1L PROCIANIION WHEREAS, one in four women experiences domestic violence in her lifetime; and - WHEREAS, women account for 85% of the victims of intimate partner violence, men for approximately 15%; and W3 AS, women ages 24-24 are at the greatest risk of nonfatal intimate partner violence; and WHEREAS, separated anddivorced maces and females are at a greater risk of nonfatalintitnate partner violence; and 1NHERE.AS, people with lower annual income (below 525X) are at risk three times higher than people with Higher annual income (over $5oX); and - WHEREAS, every 9 seconds in the 'US a -woman is assaulted or beaten; and WHEREAS, AS, domestic violence is the leading cause of injury to women —more than car accidents, muggings, and rapes combined; and WHEREAS, men who witnessed their parents' domestic violence as children are twice as likely to abuse their own wives than sons of nonviolent parents; and 1V3-(ERE.4S, Seaview Community Services Domestic - Violence program in Seward has provided immediate safety and support to 'victims of violence and sexual assault since 1988. NOW, THEREFORE, 1, David Seaward, 3vlayor of Seward, Alaska, do hereby proclaim October 2011 as Domestic 'Violence .Awareness Month. Dated this 24th day of October, 2011. 73 CITY OF SEWV.YtRD, ALASKA David Seaward, .Mayor U .'1 e '' 4. 4 011110 111111 110410 600. `M PROCLAMATt 0 N WH EREAS, reward's citizews recogtA-1,ze that a specCaL vi,bravLau exi,sts throu.ghovt the etAtire covv.kkvv■-it whevL its ivLd residev,ts coLlectiveL -eo the extra kkile "throu.eh persovLal effort, voLu.v,teerisvv, avt,d service; avt,d WI - REAS, ou.r covv.wLU.vtit j ev,cou.rages its citizev,s to vv.axiwt.ize their persovLal covutribu.tiov, to the cokkkkuvat b sivivte of thevv,seLves whoLeheartedL av‘,d with total effort, cov mkitvv.evIt avt,d covLvictio14, to their ivLdividual avv.bitiov s, faw411,u, frievtds 214,0i cowt.vu.u.v a ; a v,d WHEREAS, reward residevtts choose to shiKLe a Licht ovt, 214,01 ceLebrate ivLdividu 2IA,d orcavLizatiovLs who "co the extra tile" ivL order to woke a di((erevze avt,d Lift u.p fellow vv.evv,bers of their a 0 VKAA.u.vLit j; a v,d WI we acl the vv,issiovL of the Extra Mlle Avv.erica Fou.vLdatiovt, to create 200 "Extra MiLe" cities av,d states IAA, Avu.erica i t 2011. NOW, TH EREFORE, I, David seaward, Mat/or of Seward, ALasi-za, do hereb procLaiwL Novevv.ber 1, 2011 to be Extra mile Dau avLd u.rce each ivLdividuaL ivL ou.r covv.vu.u.vLit, to taIR,e tivue ovL this dau to vLot ovLLu "co the extra mile" IAA, his or her owvL life, but to also aciRyLowLedce those arouv4 us who are iA,spiratiovol ivy, their e('(oorts av,d covv.vultvu.evtt to vv,a{k,e their orcawizatiovLs, fav t Lies 21/tOt cokko/u, 1A,it a better ?Lace to ivi, which Live avid worn. Dated this 24th of October, 2011 TH CITY OF .SEWARD, ALASKA 0 t._5 Da vid seaward, Ma or Sponsored by: Administration CITY OF SEWARD, ALASKA RESOLUTION 2011 -079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE WASTEWATER TARIFF AND PROVIDING FOR A 6% INCREASE IN CALENDAR YEAR 2012 AND A 6% INCREASE IN CALENDAR YEAR 2013 AND PROVIDING FOR AN AUTOMATIC ANNUAL ADJUSTMENT THEREAFTER TO ALL RATES AND FEES 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 external comprehensive study of the City of Seward's utility rates was conducted sixteen years ago (in 1993) by R.W. Beck, resulting in several amendments to the City's wastewater tariff; and WHEREAS, from 1993 through 2008 the consumer price index has risen in excess of 40 %, while rate increases associated with operating and maintenance costs have risen only 29.9 %; 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 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, 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 WHEREAS, the result of the 2010/2011 Budget process was a decision to increase wastewater rates by 4.8% (equals five -year average CPI of 2.8% plus 2 %) effective January 1, 2010 and 5.1% (equals five -year average CPI of 3.1% plus 2 %) effective January 1, 2011, in addition to automatic rate increases annually thereafter, equal to the five -year average CPI each year effective the first billing cycle of each year, in order to (at a minimum) keep pace with cost increases; and WHEREAS, the Seward City Council conducted a reassessment of enterprise fund capital infrastructure and rate review in work sessions in preparation for the 2012/2013 Biennial Budget, the outcome of which identified the need to raise rates above the CPI in order to cover the cost of capital infrastructure repairs and replacement, as well as operational shortfalls; and 006 CITY OF SEWARD, ALASKA RESOLUTION 2011 -079 WHEREAS, a result of the 2012/2013 Budget process was a proposed increase in wastewater rates of 6% effective January 1, 2012, and 6% effective January 1, 2013, followed by automatic rate increases annually thereafter, equal to the five -year average CPI each year effective the first billing cycle of each year (in order to) at a minimum, keep pace with cost increases; and WHEREAS, a 6% rate increase in calendar year 2012 and 2013 will provide necessary, critical relief from rising operation costs and the cost of critical capital infrastructure repairs and replacement; and WHEREAS, limiting rate increases only by the CPI will not sufficiently cover the cost of operations, critical capital infrastructure repairs and replacement or demonstrate adequate financial health that is needed to qualify for low interest loans; and WHEREAS, the rate and fee schedule will resume the automatic annual adjustment by the previous published five years' annual increases in the Consumer Price Index beginning January 1, 2014; and WHEREAS, annual rate adjustments will assist in demonstrating the City's commitment to maintaining a financially sound utility, and will serve to mitigate potential `rate shock' associated with infrequent rate hikes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA THAT: Section 1. The Wastewater Tariff is hereby amended to establish a new initial paragraph prior to "Group A- Residential" on Page 4 -1, to read as follows: ANNUAL RATE ADJUSTMENT: The rates and fees herein provided are adjusted 6% beginning the first billing cycle of the 2012 and 2013 calendar year. The rates thereafter will be adjusted annually beginning the first billing of each calendar year to reflect an average of the five previous published years' annual increase in the Consumer Price Index, All Items, 1982 -84 =100 for all Urban Consumers, Anchorage, Alaska Area ( "CPI') as published by the United States Department of Labor, Bureau of Labor Statistics. (For example, 2011 rates reflected an increase based on the average CPI for 2004 - 2008.) Section 2. All previous Resolutions in conflict herewith are hereby repealed effective December 31, 2011. 0 07 CITY OF SEWARD, ALASKA RESOLUTION 2011 -079 Section 3. The rates, fees, and charges incorporated herein by reference and attached hereto as "Sewer Rates and Charges — 2012" are effective January 1, 2012 and as "Sewer Rates and Charges — 2013" are effective January 1, 2013, and are hereby ADOPTED. Section 4. This resolution shall take effect ten days following approval. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 14 day of November, 2011. THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) Council Agenda Statement Meeting Date: October 24, 2011 e of se From: W.C. Casey, Public Works Director c+ y r Agenda Item: Amending the Wastewater Tariff and Providing q p Automatic Annual Adjustments to All Rates The Seward City Council has held two work sessions to discuss the past, current and future financial and mechanical performance of the wastewater enterprise fund in regards to the 2012 and 2013 Wastewater Capital Budget. Staff was given the opportunity to highlight the critical needs of the department and offered some recommendations in addressing these critical needs. Customer rates and charges in the Wastewater Enterprise Fund, have been amended four times (5% in 2004, 15% in 2005, 4.8 % in 2010 and 5.1% in 2011) since the early 1990's. The cumulative consumer price index between 1993 and 2008 is in excess of 39 %. Due to the manner in which the wastewater fund is operated (similar to private business entities), expenses and operating costs have gradually begun to exceed revenues. Generating revenues in a manner that will allow for the funding of critical needs, depreciation, capital projects, repair and replacement of infrastructure has become unachievable. Compounding the issue of revenue shortfalls is the ADEC requirement that the Wastewater Fund show proof for the financial capacity to incur debt. ADEC has sustained its ability to make funds available through very competitive grants and loans, and it is absolutely necessary for the City to maintain the leverage to take advantage of these funding mechanisms (70 % -30% Municipal Matching Grants and 1.5% Municipal Loans). Forward thinking in regards to Project Development and Project Funding is crucial in order to make the City eligible for these opportunities. The 6% rate increase in calendar year 2012 and 2013 will provide necessary critical relief from rising operation costs and the cost of critical capital infrastructure repairs and replacement. The proposed rate increase will help the Wastewater Enterprise Fund catch -up to the cost of doing business in 2008, but will still leave the fund 3.3% behind 2008 CPI prices. The rate and fee schedule will resume the automatic annual adjustment by the previous published five years' annual increases in the Consumer Price Index beginning January 1, 2014. This will assist in demonstrating the City's commitment to maintaining a financially sound utility, and will serve to mitigate potential `rate shock' associated with infrequent rate hikes. This proposed tariff does NOT include a fee for the purpose of recovering costs associated with individuals who elect to turn off utilities seasonally. However, if the City Council desires to amend the tariff at this time to recover the lost revenue associated with the monthly customer charge fee for those customers who stop service seasonally, we would propose the following amendment: Sewer seasonal vacancy fee: A turn -off vacancy fee is assessed when the water service is disconnected for seasonal purposes = $166.18. A separate turn -on vacancy fee is assessed when the water service is reconnected after being turned off for seasonal purposes = $166.18. The basis for this recommendation is to charge the cus r the monthly non - metered service fee of $48.48 multiplied by seven months (and then divlfd iat VI half; one -half assessed at the time of water turn -off and the other half assessed at the time of water turn -on). This methodology follows that used in the water tariff and electric tariffs (as proposed) to address the adverse impact of seasonal turn -offs to the utilities. INTENT: The adoption of the proposed amendments to the Wastewater Tariff and resuming the automatic annual adjustments to all rates will improve the financial condition of the Wastewater Enterprise Fund. This will also improve the utilities' ability to address critical infrastructure needs, fund depreciation, fund operations and maintain crucial leverage to take advantage of the ADEC grant and loan programs. FISCAL NOTE: Rates and fees are adjusted 6% beginning the first billing cycle of the 2012 and 2013 calendar year. The rates thereafter, will resume the automatic annual adjustment beginning the first billing of each calendar year to reflect an average of the five previous published years' annual increases in the Consumer Price Index Approved by Finance Department: l t.e-&— u ,--� ATTORNEY REVIEW: Yes No X RECOMMENDATION: Council approves Resolution 2011 - 611 amending the Wastewater Tariff and resuming the automatic annual adjustments to all rates and fees by an amount equal to the five previous full year's average increase in the Anchorage consumer price index for all urban consumers beginning January 1, 2014. Sewer Rates and Charges - 2012 Rates for Sewer by Class of Service ANNUAL RATE ADJUSTMENT: The rates and fees herein provided are adjusted 6% beginning the first billing cycle of the 2012 and 2013 calendar year. The rates thereafter will be adjusted annually beginning the first billing of each calendar year to reflect an average of the five previous published years' annual increase in the Consumer Price Index, All Items, 1982 -84 =100 for all Urban Consumers, Anchorage, Alaska Area ( "CPI ") as published by the United States Department of Labor, Bureau of Labor Statistics. (For example, 2011 rates reflected an increase based on the average CPI for 2004 - 2008.) GROUP A - RESIDENTIAL Group A includes all residential customers living in single family or multiple family living units. Multiple family units includes multi- plexes, apartments and townhouses, but excludes hotels, motels and similar transient accommodations. GROUP B - SMALL GENERAL SERVICE Group B includes commercial enterprises where the use of water is incidental to the commercial activity and is primarily limited to domestic and janitorial use. This class of service includes such businesses as hotels, motels, professional office buildings, barber shops, warehouses, libraries, public offices, churches and theaters, etc. GROUP C - LARGE GENERAL SERVICE Group C includes commercial enterprises where water usage is greater than in Small General services and/or water is used for food preparation or other activities, but not for industrial processing. GROUP D - METERED COMMERCIAL & INDUSTRIAL SERVICE Group D includes commercial and industrial enterprises where water usage is greater than for small businesses and /or water is used for food preparation, other activities and industrial processing as well as general domestic users. BASIS FOR MONTHLY FEES AND CHARGES GROUPS A - D NON - METERED SERVICES Non - metered sewer users in Groups A, B and C shall be charged at the rate of $50.33per ERU per month, not including tax, when the water service and sewer service serve the same activities. If the activities serviced by the sewer services are different than those served by the water service, a water charge shall be computed based on the activities served by the sewer. The sewer rate shall then be computed at 1.2 times the established water charge. METERED SERVICES City of Seward Sewer Tariff - Revised 10/03/2011, Effective January 1, 2012 Page 4 -1 Users with metered service (Group D) shall be charged for sewer service according to the rates listed below. The charge shall be based upon the quantity of metered water, except that those users having a sewer meter shall be charged for the quantity of sewage actually metered. The quantity of sewage will be adjusted if a significant amount of wastewater is not discharged into the city sewer system. Minimum Charge for Each Metered Service Service Size Minimum Monthly Charge 3/4" - 1" water service $42.93 1-1/2" - 2" water service $71.05 2-1/4" - 4" water service $179.12 Over 4" water service $895.58 Charge for Consumption Gallons of Sewage Discharged per Month Charge per 1,000 Gallons Groups A, B & C Group D First 10,000 Gallons $6.30 $10.12 Next 40,000 Gallons $5.05 $8.10 Next 50,000 Gallons $4.19 $6.76 Next 100,000 Gallons $3'77 $6.10 Next 500,000 Gallons $1.87 $3.92 Next 500,000 Gallons $1.87 $3.92 All Additional Gallons $1.87 $3.92 GROUP E - SPECIAL RATES AND FEES U ti Group E includes charges for other categories of service not included in Groups A through D. City of Seward Sewer Tariff - Revised 10/03/2011, Effective January 1, 2012 Page 4 -2 1. Users generating sewage with a BOD and Specified rate in rate tables times a factor of the SS loading in excess of mg/1 (upon a deter- actual BOD and SS loading divided by 250, plus mination by the utility manager that the the cost of testing concentration and characteristics of the sewage will not cause a detrimental effect upon the sewer system and/or treatment plant [BOD = ABiological Oxygen Demand@ and SS = ASuspended Solids @] 2. Tank Truck Operators: Fresh sewage, or Per thousand gallons: $48.86 waste from portable or chemical toilets, provided the utility manager determines the waste will not be detrimental to the sewer system and/or treatment plant. NOTE: It is prohibited to discharge into the city =s sewer system, septic tank waste or any waste containing toxic or other materials that could cause the city =s discharge to violate the EPA or DEC discharge permit. t)4 City of Seward Sewer Tariff Revised 10/03/2011, Effective January 1, 2012 Page 4 - 3. Recreational Vehicles: Individual RV No fee owners utilizing city -owned or approved dump sites $0.82 per day Per RV, camper or trailer permit, not Public and private campground operators including tent campers. [Operators must maintain sufficient records to compute a monthly payment, and such records shall be made available to the city upon request.] 4. Ship's Sewage: Not accepted 5. Sewer Service Connection Fee: Installed at property owner =s expense. Any work performed by the city will be charged at total cost, including labor, overhead, administration, materials and equipment PLUS a $125.00 connection fee. 6. Sewer Service Inspection Fee: This fee $222.06 shall be charged for services installed by anyone other than the city. 7. Unauthorized Connection or Discharge Per Occurrence $740.15 into the City Sewer System: PLUS Cost of repair, restoration or cleanup by city PLUS State and /or federal penalties & charges Actual cost, including city overhead, adminis- levied against the city or individual8. tration, labor, materials and equipment Restoration of Sewer Service and Repair of Damage by Owner or Contrac- tor to City Facilities: 9. Locate Sewer Main: First Locate: No Charge Each Additional Locate: $74.01 Large projects requiring several locates will be under a special contract and may require a fee. 10. Security Deposit: If a water security deposit Domestic: $37.00 was paid, no additional deposit will be (Single family & duplex) required. If no water deposit was paid, the Commercial: $111.01 following deposits will be charged. Multi Family: $ 111.01 City of Seward Sewer Tariff - Revised 10/03/2011, Effective January 1, 2012 Page 4 -4 11. Contractor Work: Any contractor tapping $5000.00 Bond or equivalent cash guarantee into a city sewer main, or otherwise working payable to the city on a city sewer main, must be properly licensed to perform the work and must provide: 12. Sewage Meter: Computed from the quantity of metered water delivered to the same activity unless a sewage meter has been installed. Sewage meters approved by the city may be installed at the user =s expense. Interest rate: 10.5% per annum 13. Delinquent Account Charges: Monthly late fee: $5.51 (.) , 5 City of Seward Sewer Tariff - Revised 10/03/2011, Effective January 1, 2012 Page 4 -5 Sewer Rates and Charges - 2013 Rates for Sewer by Class of Service ANNUAL RATE ADJUSTMENT: The rates and fees herein provided are adjusted 6% beginning the first billing cycle of the 2013 calendar year. The rates thereafter will be adjusted annually beginning the first billing of each calendar year to reflect an average of the five previous published years' annual increase in the Consumer Price Index, All Items, 1982 -84 =100 for all Urban Consumers, Anchorage, Alaska Area ( "CPI ") as published by the United States Department of Labor, Bureau of Labor Statistics. (For example, 2011 rates reflected an increase based on the average CPI for 2004 - 2008.) GROUP A - RESIDENTIAL Group A includes all residential customers living in single family or multiple family living units. Multiple family units includes multi- plexes, apartments and townhouses, but excludes hotels, motels and similar transient accommodations. GROUP B - SMALL GENERAL SERVICE Group B includes commercial enterprises where the use of water is incidental to the commercial activity and is primarily limited to domestic and janitorial use. This class of service includes such businesses as hotels, motels, professional office buildings, barber shops, warehouses, libraries, public offices, churches and theaters, etc. GROUP C - LARGE GENERAL SERVICE Group C includes commercial enterprises where water usage is greater than in Small General services and/or water is used for food preparation or other activities, but not for industrial processing. GROUP D - METERED COMMERCIAL & INDUSTRIAL SERVICE Group D includes commercial and industrial enterprises where water usage is greater than for small businesses and/or water is used for food preparation, other activities and industrial processing as well as general domestic users. BASIS FOR MONTHLY FEES AND CHARGES GROUPS A - D NON - METERED SERVICES Non - metered sewer users in Groups A, B and C shall be charged at the rate of $53.35per ERU per month, not including tax, when the water service and sewer service serve the same activities. If the activities serviced by the sewer services are different than those served by the water service, a water charge shall be computed based on the activities served by the sewer. The sewer rate shall then be computed at 1.2 times the established water charge. D City of Seward Sewer Tariff - Revised 10/03/2011, Effective January 1, 2013 Page 4 -1 METERED SERVICES Users with metered service (Group D) shall be charged for sewer service according to the rates listed below. The charge shall be based upon the quantity of metered water, except that those users having a sewer meter shall be charged for the quantity of sewage actually metered. The quantity of sewage will be adjusted if a significant amount of wastewater is not discharged into the city sewer system. Minimum Charge for Each Metered Service Service Size Minimum Monthly Charge 3/4" - 1" water service $45.51 1-1/2" - 2" water service $71.31 2-1/4" - 4" water service $189.87 Over 4" water service $949.31 Charge for Consumption Gallons of Sewage Discharged per Month Charge per 1,000 Gallons Groups A, B & C Group D First 10,000 Gallons $6.68 $10.73 Next 40,000 Gallons $5.35 $8.59 Next 50,000 Gallons $4.44 $7.17 Next 100,000 Gallons $4.00 $6.47 Next 500,000 Gallons $1.98 $4.16 Next 500,000 Gallons $1.98 $4.16 All Additional Gallons $1.98 $4.16 GROUP E - SPECIAL RATES AND FEES Group E includes charges for other categories of service not included in Groups A through D. 7 City of Seward Sewer Tariff - Revised 10/03/2011, Effective January 1, 2013 Page 4 -2 1. Users generating sewage with a BOD and Specified rate in rate tables times a factor of the SS loading in excess of mg/1 (upon a deter- actual BOD and SS loading divided by 250, plus mination by the utility manager that the the cost of testing concentration and characteristics of the sewage will not cause a detrimental effect upon the sewer system and /or treatment plant [BOD = ABiological Oxygen Demand@ and SS = ASuspended Solids @] 2. Tank Truck Operators: Fresh sewage, or Per thousand gallons: $51.79 waste from portable or chemical toilets, provided the utility manager determines the waste will not be detrimental to the sewer system and/or treatment plant. NOTE: It is prohibited to discharge into the city =s sewer system, septic tank waste or any waste containing toxic or other materials that could cause the city =s discharge to violate the EPA or DEC discharge permit. 3. Recreational Vehicles: Individual RV No fee owners utilizing city -owned or approved dump sites $0.87 per day Per RV, camper or trailer permit, not Public and private campground operators including tent campers. [Operators must maintain sufficient records to compute a monthly payment, and such records shall be made available to the city upon request. ] 4. Ship's Sewage: Not accepted 5. Sewer Service Connection Fee: Installed at property owner =s expense. Any work performed by the city will be charged at total cost, including labor, overhead, administration, materials and equipment PLUS a $125.00 connection fee. 6. Sewer Service Inspection Fee: This fee $100.00 shall be charged for services installed by anyone other than the city. 7. Unauthorized Connection or Discharge Per Occurrence $784.56 into the City Sewer System: PLUS Cost of repair, restoration or cleanup by city o u City of Seward Sewer Tariff Revised 10/03/2011, Effective January 1, 2013 Page 4 - PLUS State and/or federal penalties & charges Actual cost, including city overhead, adminis- levied against the city or individual8. tration, labor, materials and equipment Restoration of Sewer Service and Repair of Damage by Owner or Contrac- tor to City Facilities: 9. Locate Sewer Main: First Locate: No Charge Each Additional Locate: $78.45 Large projects requiring several locates will be under a special contract and may require a fee. 10. Security Deposit: If a water security deposit Domestic: $39.22 was paid, no additional deposit will be (Single family & duplex) required. If no water deposit was paid, the Commercial: $117.67 following deposits will be charged. Multi Family: $117.67 11. Contractor Work: Any contractor tapping $5000.00 Bond or equivalent cash guarantee into a city sewer main, or otherwise working payable to the city on a city sewer main, must be properly licensed to perform the work and must provide: 12. Sewage Meter: Computed from the quantity of metered water delivered to the same activity unless a sewage meter has been installed. Sewage meters approved by the city may be installed at the user =s expense. 13. Delinquent Account Charges: Interest rate: 10.5% per annum Monthly late fee: $5.84 City of Seward Sewer Tariff - Revised 10/03/2011, Effective January 1, 2013 Page 4 -4 Sewer Rates and Charges - 2012 Rates for Sewer by Class of Service ANNUAL RATE ADJUSTMENT: The rates and fees herein provided are adjusted 6% beginning the first billing cycle of the 2012 and 2013 calendar year. The rates thereafter will be adjusted annually beginning the first billing of each calendar year to reflect an average of the five previous published years' annual increase in the Consumer Price Index, All Items, 1982 -84 =100 for all Urban Consumers, Anchorage, Alaska Area ( "CPI') as published by the United 1States Department of Labor, Bureau of Labor Statistics. (For example, 2011 rates reflected an increase based on the average CPI for 2004 - 2008.) GROUP A - RESIDENTIAL Group A includes all residential customers living in single family or multiple family living units. Multiple family units includes multi- plexes, apartments and townhouses, but excludes hotels, motels and similar transient accommodations. GROUP B - SMALL GENERAL SERVICE Group B includes commercial enterprises where the use of water is incidental to the commercial activity and is primarily limited to domestic and janitorial use. This class of service includes such businesses as hotels, motels, professional office buildings, barber shops, warehouses, libraries, public offices, churches and theaters, etc. GROUP C - LARGE GENERAL SERVICE Group C includes commercial enterprises where water usage is greater than in Small General services and/or ( Formatted: Font: 12 pt water is used for food preparation or other activities, but not for industrial processing. GROUP D - METERED COMMERCIAL & INDUSTRIAL SERVICE Group D includes commercial and industrial enterprises where water usage is greater than for small businesses { Formatted: Font 12 pt and /or water is used for food preparation, other activities and industrial processing as well as general domestic users. BASIS FOR MONTHLY FEES AND CHARGES GROUPSA -D NON- METERED SERVICES Ion- metered sewer users in Groups A, B and C shall be charged at the rate of $50.33/17.48 per ERU per - Formatted: Font 12 pt month, not including tax, when the water service and sewer service serve the same activities. If the activities Formatted: Font: 12 pt 5 J serviced by the sewer services are different than those served by the water service, a water charge shall be computed based on the aetivitesactivities served by the sewer_ and4The sewer rate shall then be computed at 1.2 times the established water charge.:: - - -- • • -- • - City of Seward Sewer Tariff - Revised 10/03/20/ 111: Effective January 1, 20124 Page 4 -1 METERED SERVICES Users with metered service (Group D) shall be charged for sewer service according to the rates listed _ - ( Formatted: Font: 12 pt below. The charge shall be based upon the quantity of metered water, except that those users having a sewer meter shall be charged for the quantity of sewage actually metered. The quantity of sewage will be adjusted if a significant amount of waste -water is not discharged into the city sewer system • { Formatted: Indent: First line: 0.5" Minimum Charge for Each Metered Service Service Size Minimum Monthly Charge 3/4" - 1" water service $42.93 $10.50 1 -1/2" - 2" water service $71.05 $67.03 2 -1/4" - 4" water service $179.12 $- 168.98 Over 4" water service $895.58 $84449 Charge for Consumption Gallons of Sewage Discharged per Month Charge per 1,000 Gallons GroupsA,B &C GroupD First 10,000 Gallons $6.30 $5.91 $10.12 $9:55 Next 40,000 Gallons $5.05 $446 $8.10 $7.61 Next 50,000 Gallons $4.19 $395 $6.76 $6:38 Next 100,000 Gallons $3.77 $356 $6.10 S Next 500,000 Gallons $1.87 $1-761 $3.92 $3:70 Next 500,000 Gallons $1.87 $-1-76 $3.92 $3:78 All Additional Gallons $1.87 $1.76 $3.92 $3,70 City of Seward Sewer Tariff - Revised 10/03/201111 09x09, Effective January 1, 2012] Page 4 -2 V 2I GROUP E - SPECIAL RATES AND FEES Group E includes charges for other categories of service not included in Groups A through D. ( Formatted: Font: 12 pt 1. Users generating sewage with a BOD and Specified rate in rate tables times a factor of the SS loading in excess of mg /1 (upon a deter- actual BOD and SS loading divided by 250, plus mination by the utility manager that the the cost of testing concentration and characteristics of the sewage will not cause a detrimental effect upon the sewer system and/or treatment plant [BOD = ABiological Oxygen Demand@ and SS = ASuspended Solids @] 12. Tank Truck Operators: Fresh sewage, or Per thousand gallons: $48.86 $46,04 waste from portable or chemical toilets, provided the utility manager determines the waste will not be detrimental to the sewer system and /or treatment plant. NOTE: It is prohibited to discharge into the city=s sewer system, septic tank waste or any waste containing toxic or other materials that could cause the city =s discharge to violate the EPA or DEC discharge permit. City of Seward Sewer Tariff - Revised 10/03/2011444W(19, Effective January 1, 20124 Page 4 -3 I.J C. 2! t. Recreational Vehicles: Individual RV ,Io fee ( Formatted: Font 12 pt owners utilizing city-owned or approved dump sites $0.82$0.77 per day Per RV, camper or trailer permit, Public and private campground operators not including tent campers. [Operators must maintain sufcient records to compute a monthly payment, and such records shall be made available to the city upon request.] { Formatted: Font: 12 pt . Ship' =s Sewage: Not accepted •. Sewer Service Connection Fee: Installed at property owner _s expense. Any work { Formatted: Font: 12 pt performed by the city will be charged at total cost, { Formatted: Font: 12 pt 1 ) including labor, overhead, administration, materials and equipment: PLUS a $125.00 connection fee. ( Formatted: Font: 12 pt i .. Sewer Service Inspection Fee: This fee $222.06 $209.19 shall be charged for services installed by anyone other than the city. . Unauthorized Connection or Discharge ,Per Occurrence 57 - Formatted: Font: 12 pt into the City Sewer System: PLUS Cost of repair, restoration or cleanup by city Formatted: Font: 12 pt f Formatted: Font: 12 pt IP LUS State and/or federal penalties & charges Actual cost, including city overhead, adminis- {Formatted: Font: 12 pt levied against the city or individual8. tration, labor, materials and equipment Formatted: Font: 12 pt Restoration of Sewer Service and Repair of Damage by Owner or Contrac- tor to City Facilities: D. Locate Sewer Main First Locate: No Charge Formatted: Font: 12 pt Each Additional Locate: 74.01 $69.83 Formatted: Font: 12 pt Large projects requiring several locates will be Formatted: Font: 12 pt under a special contract and may require a fee. 10. Security Deposit: If a water security deposit Domestic: $37.00 P34.9 -1- - ( Formatted: Font: 12 pt was paid, no additional deposit will be (Single family & duplex) required. If no water deposit was paid, the Commercial: $111.01$101.73 Formatted: Font: 12 pt following deposits will be charged. Multi - Family:. 111.01$1.04.73 Formatted: Font: 12 pt Formatted: Font: 12 pt 1 City of Seward Sewer Tariff - Revised 10/03/2011449149, Effective January 1, 2012,L Page 44 0 c' 3 11. Contractor Work: Any contractor tapping $5000.00 Bond or equivalent cash guarantee [ Formatted: Font 12 pt into a city sewer main, or otherwise working payable to the city on a city sewer main, must be properly licensed to perform the work and must provide: Formatted: Font: 12 pt 12. Sewage Meter: Computed from the quantity of metered water { Formatted: Font: 12 pt delivered to the same activity unless a sewage meter has been installed. Sewage meters approved by the city may be installed at the use; =s expense. , Formatted: Font: 12 pt ( Formatted: Font: 12 pt Interest rate: 10.5% per annum 13. Delinquent Account Charges: Monthly late fee: $5.51 1 City of Seward Sewer Tariff - Revised 10/03/20114441949, E,[Jective January 1, 20124- Page 4 -5 C► 4 Sewer Rates and Charges - 20132. Rates for Sewer by Class of Service ANNUAL RATE ADJUSTMENT: The rates and fees herein provided are adjusted 6% beginning the first billing 'cycle of the 2012 and of the 2013 calendar year. The rates thereafter will be adjusted annually beginning the first billing of each calendar year to reflect an average of the five previous published years' annual increase in the Consumer Price Index, All Items, 1982 -84 =100 for all Urban Consumers, Anchorage, Alaska Area ( "CPI ") as published by the United States Department of Labor, Bureau of Labor Statistics. (For example, 2011 rates reflected an increase based on the average CPI for 2004 - 2008.) GROUP A - RESIDENTIAL Group A includes all residential customers living in single family or multiple family living units. Multiple family units includes multi - plexes, apartments and townhouses, but excludes hotels, motels and similar transient accommodations. GROUP B - SMALL GENERAL SERVICE Group B includes commercial enterprises where the use of water is incidental to the commercial activity and is primarily limited to domestic and janitorial use. This class of service includes such businesses as hotels, motels, professional office buildings, barber shops, warehouses, libraries, public offices, churches and theaters, etc. GROUP C - LARGE GENERAL SERVICE Group C includes commercial enterprises where water usage is greater than in Small General services and /or water is used for food preparation or other activities, but not for industrial processing. GROUP D - METERED COMMERCIAL & INDUSTRIAL SERVICE Group D includes commercial and industrial enterprises where water usage is greater than for small businesses and/or water is used for food preparation, other activities and industrial processing as well as general domestic users. BASIS FOR MONTHLY FEES AND CHARGES GROUPS A - D NON - METERED SERVICES Non - metered sewer users in Groups A, B and C shall be charged at the rate of $53.3547/18 per ERU per month, not including tax, when the water service and sewer service serve the same activities. If the activities serviced by the sewer services are different than those served by the water service, a water charge shall be computed based on the activities served by the sewer. The sewer rate shall then be computed at 1.2 times the established water charge. 5 1 City of Seward Sewer Tariff - Revised 10/03/2011, Effective January 1, 20132 Page 4 -1 METERED SERVICES Users with metered service (Group D) shall be charged for sewer service according to the rates listed below. The charge shall be based upon the quantity of metered water, except that those users having a sewer meter shall be charged for the quantity of sewage actually metered. The quantity of sewage will be adjusted if a significant amount of wastewater is not discharged into the city sewer system. Minimum Charge for Each Metered Service Service Size Minimum Monthly Charge 3/4" - 1" water service $45.51 $42.93 1-1/2" - 2" water service $71.31 $71.05 2-1/4" - 4" water service $189.87 $179.12 Over 4" water service $949.31 $895.58 Charge for Consumption per Month Gallons of Sewage Discharged p 1 Charge per 1,000 Gallons Groups A, B & C Group D First 10,000 Gallons $6.68 $640 $10.73 $10.12 Next 40,000 Gallons $5.35 $-5.05 $8.59 $8.10 Next 50,000 Gallons $4.44 $4,1.9 $7.17 Next 100,000 Gallons $4.00 $3777 $6.47 $640 Next 500,000 Gallons $1.98 $1.87 $4.16 $3,9-2 Next 500,000 Gallons $1.98 $447 $4.16 $392 All Additional Gallons $1.98 $447 $4.16 $3-92 GROUP E - SPECIAL RATES AND FEES Group E includes charges for other categories of service not included in Groups A through D. «. ;) City of Seward Sewer Tariff - Revised 10/03/2011, Effective January 1, 20132 Page 4 -2 1. Users generating sewage with a BOD and Specified rate in rate tables times a factor of the SS loading in excess of mg/l (upon a deter- actual BOD and SS loading divided by 250, plus mination by the utility manager that the the cost of testing concentration and characteristics of the sewage will not cause a detrimental effect upon the sewer system and/or treatment plant [BOD = ABiological Oxygen Demand@ and SS = ASuspended Solids @] 12. Tank Truck Operators: Fresh sewage, or Per thousand gallons: $51.79 $48.86 waste from portable or chemical toilets, provided the utility manager determines the waste will not be detrimental to the sewer system and /or treatment plant. NOTE: It is prohibited to discharge into the city =s sewer system, septic tank waste or any waste containing toxic or other materials that could cause the city =s discharge to violate the EPA or DEC discharge permit. 3. Recreational Vehicles: Individual RV No fee owners utilizing city -owned or approved dump sites $0.87 $0,8-2 per day Per RV, camper or trailer Public and private campground operators permit, not including tent campers. [Operators must maintain sufficient records to compute a monthly payment, and such records shall be made available to the city upon request.] 4. Ship's Sewage: Not accepted 5. Sewer Service Connection Fee: Installed at property owner =s expense. Any work performed by the city will be charged at total cost, including labor, overhead, administration, materials and equipment PLUS a $125.00 connection fee. 6. Sewer Service Inspection Fee: This fee $100.00 shall be charged for services installed by anyone other than the city. 17. Unauthorized Connection or Discharge Per Occurrence $784.56 $740-15 into the City Sewer System: PLUS Cost of repair, restoration or cleanup by city 0 2 7 1 City of Seward Sewer Tariff - Revised 10/03/2011, Effective January 1, 20132 Page 4 - PLUS State and/or federal penalties & charges Actual cost, including city overhead, adminis- levied against the city or individual8. tration, labor, materials and equipment Restoration of Sewer Service and Repair of Damage by Owner or Contrac- tor to City Facilities: 9. Locate Sewer Main: First Locate: No Charge Each Additional Locate: $78.45 $74.0.1 - Large projects requiring several locates will be under a special contract and may require a fee. 110. Security Deposit: If a water security deposit Domestic: $39.22 $00 was paid, no additional deposit will be (Single family & duplex) required. If no water deposit was paid, the Commercial: $117.67 $-1-1-1,04- following deposits will be charged. Multi Family: $117.67 $ 111.01 11. Contractor Work: Any contractor tapping $5000.00 Bond or equivalent cash guarantee into a city sewer main, or otherwise working payable to the city on a city sewer main, must be properly licensed to perform the work and must provide: 12. Sewage Meter: Computed from the quantity of metered water delivered to the same activity unless a sewage meter has been installed. Sewage meters approved by the city may be installed at the user =s expense. 13. Delinquent Account Charges: Interest rate: 10.5% per annum Monthly late fee: $5.84 $S :, 1 City of Seward Sewer Tariff - Revised 10/03/2011, Effective January 1, 20132 Page 4 -4 Sponsored by: Administration CITY OF SEWARD, ALASKA RESOLUTION 2011 -080 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE WATER TARIFF AND PROVIDING FOR A 4% INCREASE IN CALENDAR YEAR 2012 AND 6% INCREASE IN CALENDAR YEAR 2013 AND PROVIDING FOR AN AUTOMATIC ANNUAL ADJUSTMENT THEREAFTER TO ALL RATES AND FEES 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 external comprehensive study of the City of Seward's utility rates was conducted sixteen years ago (in 1993) by R.W. Beck, resulting in several amendments to the City's water tariff; and WHEREAS, from 1993 through 2008 the consumer price index has risen 39.62 %, while rate increases associated with operating and maintenance costs have risen only 14.9 %; 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 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, 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 WHEREAS, a decision to increase the water rates by 4.8% was the result of the 2010/2011 Budget process (equals five -year average CPI of 2.8% plus 2 %) effective January 1, 2010 and 5.1% (equals five -year average CPI of 3.1% plus 2 %) effective January 1, 2011, in addition to automatic rate increases annually thereafter, equal to the five -year average CPI effective the first billing cycle of each year, in order to (at a minimum) keep pace with increased cost increases; and WHEREAS, the Seward City Council conducted a reassessment of enterprise fund capital infrastructure and rate review in work sessions in preparation for the 2012/2013 Biennial Budget, the outcome of which identified the need to raise rates above the CPI in order to cover the cost of capital infrastructure repairs and replacement, as well as operational shortfalls; and 0 L CITY OF SEWARD, ALASKA RESOLUTION 2011 -080 WHEREAS, the proposed 2012/2013 budget increases water rates by 4% effective January 1, 2012 and 6% effective January 1, 2013 in addition to automatic rate increases annually thereafter, equal to the five -year average CPI each year effective the first billing cycle of each year, in order to, at a minimum, keep pace with increased cost increases; and WHEREAS, a 4% rate increase in calendar year 2012 and a 6% increase in calendar year 2013 will provide necessary critical relief from rising operation costs and the cost of critical capital infrastructure repairs and replacement; and WHEREAS, these rate increases still fall short of covering the cost of operations plus, critical capital infrastructure repairs and replacement but assist with improving enterprise fund financial health necessary to qualify for low interest loans; and WHEREAS, the rate and fee schedule will resume the automatic annual adjustment by the previous published five years' annual increases in the Consumer Price Index beginning January 1, 2014; and WHEREAS, annual rate adjustments will assist in demonstrating the City's commitment to maintaining a financially sound utility and will serve to mitigate potential `rate shock' associated with infrequent rate hikes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA THAT: Section 1. The Water Tariff is hereby amended to establish a new initial paragraph prior to "Group A- Residential" on Page 3 -1, to read as follows: ANNUAL RATE ADJUSTMENT: The rates and fees herein provided are adjusted 4% beginning the first billing cycle of calendar year 2012 and 6% beginning the first billing cycle of calendar year 2013. The rates thereafter will be adjusted annually beginning the first billing of each calendar year to reflect an average of the five previous published years' annual increases in the Consumer Price Index, All Items, 1982 -84 =100 for all Urban Consumers, Anchorage, Alaska Area ("CPI") as published by the United States Department of Labor, Bureau of Labor Statistics. (For example, 2011 rates reflected an increase based on the average CPI for 2004 - 2008.) U�3 CITY OF SEWARD, ALASKA RESOLUTION 2011 -080 Section 2. All previous Resolutions in conflict herewith are hereby repealed effective December 31, 2011. Section 3. The rates, fees, and charges incorporated herein by reference and attached hereto as "Water Rates and Charges — 2012" are effective January 1, 2012 and as "Water Rates and Charges — 2013" are effective January 1, 2013, and are hereby ADOPTED. Section 4. This resolution shall take effect ten days following approval. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 14th day of November, 2011. THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, City Clerk (City Seal) ri Council Agenda Statement Meeting Date: October 24, 2011 of set From: W.C. Casey, Public Works Director : �':'; ' "o Agenda Item: Amending the Water Tariff and Providing 14 P Automatic Annual Adjustments to All Rates The Seward City Council has held two work sessions to discuss the past, current and future financial and mechanical performance of the wastewater enterprise fund in regards to the 2012 and 2013 Water Capital Budget. Staff was given the opportunity to highlight the critical needs of the department and offered some recommendations in addressing these critical needs. Customer rates and charges in the Water's Enterprise Fund, has been amended five times: to adjust charges for ship's water; a 5% across - the -board increase to all water rates effective January 1, 2004; a 35% increase in all water rates effective January 1, 2005(78% of which was solely dedicated to the repayment of the Third Avenue Water Main, ADEC Municipal Loan debt service), 4.8% in 2010 and 5.1% in 2011 in addition to automatic rate increases annually thereafter, equal to the five -year average CPI effective the first billing cycle of each year, in order to (at a minimum) keep pace with increased cost increases. The cumulative consumer price index between 1993 and 2008 is in excess of 40 %. Due to the manner in which the Water Enterprise Fund is operated (similar to private business entities), expenses and operating costs have gradually begun to exceed revenues. Generating revenues in a manner that will allow for the funding of critical needs, depreciation, capital projects, repair and replacement of infrastructure, will require utility rate increases. Compounding the issue of revenue shortfalls is the ADEC requirement that the Water Fund show proof for the financial capacity to incur debt. ADEC has sustained its ability to make funds available through very competitive grants and loans. It is absolutely necessary for the City to maintain and improve financial viability so the Water Enterprise Fund has the necessary leverage to take advantage of these funding mechanisms (70 % -30% Municipal Matching Grants and 1.5% Municipal Loans). Forward thinking in regards to project development and project funding is crucial in order to make the City eligible for these opportunities. The 4% rate increase in calendar year 2012 and a 6% increase in calendar year 2013 will provide necessary critical relief from rising operating costs, improve our financial viability and help buffer the cost of critical capital infrastructure repairs and replacement. The rate and fee schedule will resume the automatic annual adjustment by the previous published five years' annual increases in the Consumer Price Index beginning January 1, 2014. Items of "Critical" importance regarding repair, maintenance and improvements to the system were identified and will be addressed as financial viability is achieved. INTENT: r 2 U� The adoption of the proposed amendments to the Water Tariff and resuming the automatic annual adjustments to all rates and fees will improve the financial condition of the Water Enterprise Fund. FISCAL NOTE: Rates and fees are adjusted 4% beginning the first billing cycle of calendar year 2012 and 6% beginning the first billing cycle of calendar year 2013. The rates thereafter, will resume the automatic annual adjustment beginning the first billing of each calendar year to reflect an average of the five previous published years' annual increases in the Consumer Price Index. The projected operating revenue for calendar year 2011 is $1.1 million. Based on the projected operating revenue for 2011, a 4% increase to all water rates for calendar year 2012 would increase the operating revenue by approximately $44,000. Based on the projected operating revenue for 2012, a 6% increase to all water rates in calendar year 2013 would increase the operating revenue by approximately $69,000. Approved by Finance Department: j� ATTORNEY REVIEW: Yes No X RECOMMENDATION: Council approves Resolution 2011 -'10 amending the Water Tariff and resuming the automatic annual adjustments to all rates and fees by an amount equal to the five previous full year's average increase in the Anchorage consumer price index for all urban consumers beginning January 1, 2014. 0 3 Water Rates and Charges - 2012 Rates for Water by Class of Service ANNUAL RATE ADJUSTMENT: The rates and fees herein provided are adjusted 4% beginning the first billing cycle of the 2012 calendar year and 6% beginning the first billing cycle of the 2013 calendar year. The rates thereafter will be adjusted annually beginning the first billing of each calendar year to reflect an average of the five previous published years' annual increases in the Consumer Price Index, All Items, 1982 -84 =100 for all Urban Consumers, Anchorage, Alaska Area ( "CPI ") as published by the United States Department of Labor, Bureau of Labor Statistics. (For example, 2011 rates reflected an increase based on the average CPI for 2004- 2008.) GROUP A - RESIDENTIAL Group A includes all residential customers living in single family or multiple family living units. Multiple family units include multi- plexes, apartments and townhouses, but exclude hotels, motels and similar transient accommodations. The accounts may be paid by individual occupants or owners of multiple units. When the entire water service to a multiplex or apartment building is billed to one account, the charge will be based on total number of living units in the building whether or not occupied. Living units are considered to be complete with kitchens, baths and plumbing for laundry units. No adjustment is made for the size of the unit, numbers of amenities or the size of the family occupying the unit. A 25% reduction is permitted for units that are not plumbed for laundry units provided a common laundry unit is not available in the building or apartment complex for apartment occupants. There will be no reduction if a common laundry facility is available. BASIS FOR MONTHLY FEE Category/Description of Unit Charge Living unit with plumbing for laundry, or common laundry facility 1 ERU available on premises Living unit without plumbing for laundry and no common laundry 0.75 ERU available for use by the occupant Rental apartment unit not occupied by owner when billed as a multiple unit of 3 or more apartments served from a single water 0.75 ERU service. (No credit will be given for unoccupied units.) Duplex in one building treated as two residences served from a single 2 ERU water service 0 City of Seward Water Tariff - Revised 10/03/2011, Effective 01/01/2012 Page 3 -1 Note: ERU = Equivalent Residential Unit (See Page 3 -7) GROUP B - SMALL GENERAL SERVICE Group B includes commercial enterprises where the use of water is incidental to the commercial activity and is primarily limited to domestic and janitorial use. This class of service includes such businesses as hotels, motels, professional office buildings, barber shops, warehouses, libraries, public offices, churches and theaters, etc. Where a building, mall or group of facilities is served from a single service, the bill will be based on the total number of facilities to be served, and no credit will be given for vacant facilities. BASIS FOR MONTHLY FEE Category/Description of Unit Charge Hotels and motels not including bars and restaurants: 1.0 ERU Basic charge per building PLUS each guest room 0.3 ERU PLUS each pair of public restrooms in excess of one pair 0.3 ERU Office Building/Mall with offices and retail stores and businesses not including restaurants, bars, food markets: 1.0 ERU Basic charge per building PLUS each office /activity 0.3 ERU PLUS each pair of public restrooms in excess of one pair 0.3 ERU Single Office /retail shop /professional activity not in office building, per each office or activity 1.0 ERU Barber, beauty, animal grooming shop: Basic charge 1.0 ERU PLUS charge per chair /tub 0.75 ERU Libraries, public offices, professional offices, and similar activities: 1.0 ERU Basic charge per building 0.3 ERU PLUS each office /activity 0.3 ERU PLUS each pair of public restrooms in excess of one pair Doctors' offices, including medical clinics, emergency first aid station, dentists' offices and similar activities: 1.0 ERU Basic charge per facility 0.5 ERU PLUS per each examination room, dental chair or similar unit 0.3 ERU PLUS per each office O r ki 3 City of Seward Water Tariff - Revised 10/03/2011, Effective 01/01/2012 Page 3 -2 Warehouses: Basic charge per building 1.0 ERU PLUS each pair of restrooms or showers exceeding one pair 0.3 ERU Churches, theaters, assembly halls, clubs, fraternal clubs: Basic charge per building 1.0 ERU PLUS each pair of restrooms exceeding one pair 0.3 ERU PLUS, for food /bar service, add charge for restaurant or bar Public restrooms in parks and similar activities, per each pair of 1.0 ERU restrooms Boardwalk shops with sewage, per shop 0.5 ERU Camping & RV Parks: Per spigot 0.5 ERU Per camper /motorhome hookup 0.2 ERU Private schools, day care centers 2.0 ERU Basic charge 0.5 ERU PLUS per each 15 students or for children in excess of 25 Public baths and showers: Basic charge 2.0 ERU PLUS per each bath or shower in excess of two 0.5 ERU NOTE: Only one basic charge will be assessed per building where different activities occupy the same building. This does not exclude residential charges for living units within the same building. City of Seward Water Tariff - Revised 10/03/2011, Effective 01/01/2012 Page 3 -3 GROUP C - LARGE GENERAL SERVICE Group C includes commercial enterprises where water usage is greater than in Small General services and/or water is used for food preparation or other activities, but not for industrial processing. These activities will be metered when newly constructed or when remodeling and/or repairs makes installation of meters feasible. When a building, mall or group of facilities is served from a single service, the bill will be based on the total number of facilities served, and no credit will be given for vacant facilities. BASIS FOR MONTHLY FEE Category/Description of Unit Charge Food /grocery markets: Basic charge 3.0 ERU PLUS per water - cooled refrigeration unit 3.0 ERU PLUS per butcher /meat packing unit 1.0 ERU PLUS per bakery 1.0 ERU PLUS per snack bar/Deli 0.5 ERU Restaurants and /or bars (A unit may be defined as a combination restaurant /bar if operated together or separate units if restaurant and bar are operated separately.) This category includes all drink and food service activities, including full service restaurants, hospital kitchens, dormitories, dining halls, school cafeterias, etc.: Basic charge per unit 2.0 ERU PLUS per every 8 seats in excess of 8 seats 0.5 ERU Snack Bar - no seating 0.5 ERU Garage /gas stations and retail, manufacturing and repair shops not using water for processing: Basic charge 2.0 ERU PLUS per pair of restrooms exceeding one pair 0.3 ERU PLUS per each shower 0.3 ERU PLUS per each wash bay 1.0 ERU 0 • 1 J City of Seward Water Tariff- Revised 10/03/2011, Effective 01/01/2012 Page 3 -4 Public schools, if non - metered, excluding swimming pools or food service: Basic charge Elementary School Jr. High School High School 7.0 ERU PLUS swimming pool 7.0 ERU PLUS charge for food service based on rate for restaurants 8.0 ERU 15.0 ERU (Pg. 3 -4) Hospital & Nursing Homes, if un- metered, excluding food service: Basic charge 6.0 ERU PLUS charge for food service based on rate for restaurants (Pg. 3 -4) Laundry (self service or commercial units), un- metered [new laundries will be metered]: Basic charge 2.0 ERU PLUS per each laundry unit of 12 pounds or less capacity 1.0 ERU PLUS per each laundry unit larger than 12 pounds capacity 2.0 ERU r,( i City of Seward Water Tariff - Revised 10/03/2011, Effective 01/01/2012 Page 3 -5 GROUP D - METERED COMMERCIAL & INDUSTRIAL SERVICE Group D includes commercial and industrial enterprises where water usage is greater than for small businesses and/or water is used for food preparation, other activities and industrial processing as well as general domestic users. All new activities shall be metered, and existing facilities will be converted to meters when remodeling and repairs make installation of a meter feasible. Meters must include readouts at a location acceptable to the City, to allow for accurate meter readings. The cost of initial installation of a meter in a new facility will be paid by the customer. The cost of maintenance, repair and replacement of the meter will be at customer expense. The customer will provide a meter, and the user will pay the cost of installation, where an existing service is converted to meter and the commercial use /activities of the user have not changed. If the meter is required due to changed usage, the customer will pay all costs, including the cost of the meter. In all cases, the City will specify and /or approve the type of meter and its installation. A customer may request to be converted to meter rates. If the customer request is approved to convert to meter rates, the customer will install a meter at the customer's expense, and thereafter charges will be based on metered usage. A customer cannot convert from metered to fixed rate billing. BASIS FOR MONTHLY FEE Minimum Charge for Each Metered Service Service Size Minimum Monthly Charge 3/4" - 1" Service $19.48 1 -1/2" - 2" Service $38.97 2 -1/4" - 4" Service $196.48 Over 4" Service $982.37 Note: The minimum charge per metered service does not include fire sprinkler service. Char • e for Consum I tion Consumption per Month per Meter Charge per 1,000 Gallons First 50,000 Gallons $4.92 Next 500,000 Gallons $3.92 Next 1,000,000 Gallons $2.95 Next 2,000,000 Gallons $2.45 Next 2,000,000 Gallons $1.25 033 City of Seward Water Tariff - Revised 10/03/2011, Effective 01/01/2012 Page 3 -6 Next 5,000,000 Gallons $1.25 All Additional Gallons $1.25 The consumption metered on several metered services serving the same owner will not be combined to calculate the monthly bill. Each will be computed as a separate bill. The City may negotiate or renegotiate special contracts with a user that consumes in excess of 20 million gallons of water per calendar year. Such contracts will set or amend a rate which will assure that the user pays its full share of the utility's fixed and variable operating and maintenance costs. All special contracts and renegotiations of existing special contracts shall be approved by resolution of the City Council. City of Seward Water Tariff - Revised 10/03/2011, Effective 01/01/2012 Page 3 - GROUP E - SPECIAL RATES AND FEES Group E includes charges for other categories of service not included in Groups•A through D. 1. Equivalent Residential Unit (ERU) $39.15 2. Fire Hydrant Use Permit: From May 1 to Tapping Fee $81.19 August 31 a Fire Hydrant Permit may be PLUS daily fee: $40.59 issued. Fire Hydrants will be turned on and PLUS weekly fee: $243.57 off by Water or Fire Department Personnel. If the City determines that a meter and a backflow preventer are required, these will also be installed by Water Department personnel. This rate is set for contractors or other temporary water users, but not for bulk water service to ships or tanker trucks serving ships or industries, as follows: 3. Water Service Connection Fee (done by Up to 1" service not longer than 60 feet, one time City): charge of $2,273.26. In excess of 60 feet - actual cost, but not less than$2,273.26. PLUS cost of paving and curb replacement. Done by Contractor: $136.64 connection fee PLUS cost of paving and curb replacement. 4. Water Service Inspection Fee (for service $81.19 installed by others): City of Seward Water Tariff - Revised 10/03/2011, Effective 01/01/2012 Page 3 - 5. Water Turn -On or Turn -Off (per visit, First turn -on and /or turn -off: -0- excluding new service and new account name): No charge for the first turn -on for All other turn -ons or turn -offs: new service or new account. Seasonal turn- During business hours: $40.59 on /turn -off is not classified as a new During non - business hours: $121.77 account and will be charged as " Seasonal turn -ons or turn - offs." Seasonal turn -ons and turn -offs: $136.64 6. Unauthorized Use of City Equipment $811.88 (including fire hydrants, key boxes, turn-on and /or turn -off: 7. Restoration of Water Service (including Actual cost, including city overhead, repair of damage by owner or contractor to labor, materials and equipment. city facilities) 8. Locate Service: Locate between May 1 and Oct. 31 - no charge Locate between Nov. 1 and April 30 - $121.77 Large projects requiring several locates will be under a special agreement with the water utility and may include an additional fee. 9. Thaw Wire: Locate between May 1 and Oct. 31- no charge Locate between Nov. 1 and April 30 - $121.77 10. Security Deposit: Domestic (Single Fam. & Duplex) $40.59 Commercial & Multiple Dwellings:$121.77 Fire Hydrant usage: $243.57 0 it 2 City of Seward Water Tariff - Revised 10/03/2011, Effective 01/01/2012 Page 3 -9 11. Contractor Work: Any contractor tapping into a city main, or otherwise working on a city water line, must be properly licensed to perform the work and must also provide a $5,000.00 bond or equivalent cash guarantee payable to the city. 12. Ship Water (Water furnished to Less than 1,000 gallons from Seward Small Boat temporarily moored vessels): Harbor facilities not requiring city assistance or the use of fire hydrants: No Charge All service not included above: Basic Charge (during regular business hours): $81.19 Basic Charge (outside regular business hours)@ $162.38 PLUS $7.56 per 1000 gallons for all water used. Note: Customer will be responsible for actual charges related to all work and materials required to provide water to vessel. The Point of delivery for potable water supplied by the City shall be at the customer side of the meter/backflow preventer, and the customer is responsible for water quality from the delivery point to the vessel. 043 City of Seward Water Tariff - Revised 10/03/2011, Effective 01/01/2012 Page 3 - Water Rates and Charges - 2013 Rates for Water by Class of Service ANNUAL RATE ADJUSTMENT: The rates and fees herein provided are adjusted 6% beginning the first billing cycle of the 2013 calendar year. The rates thereafter will be adjusted annually beginning the first billing of each calendar year to reflect an average of the five previous published years' annual increases in the Consumer Price Index, All Items, 1982 -84 =100 for all Urban Consumers, Anchorage, Alaska Area ( "CPI ") as published by the United States Department of Labor, Bureau of Labor Statistics. (For example, 2011 rates reflected an increase based on the average CPI for 2004 - 2008.) GROUP A - RESIDENTIAL Group A includes all residential customers living in single family or multiple family living units. Multiple family units include multi - plexes, apartments and townhouses, but exclude hotels, motels and similar transient accommodations. The accounts may be paid by individual occupants or owners of multiple units. When the entire water service to a multiplex or apartment building is billed to one account, the charge will be based on total number of living units in the building whether or not occupied. Living units are considered to be complete with kitchens, baths and plumbing for laundry units. No adjustment is made for the size of the unit, numbers of amenities or the size of the family occupying the unit. A 25% reduction is permitted for units that are not plumbed for laundry units provided a common laundry unit is not available in the building or apartment complex for apartment occupants. There will be no reduction if a common laundry facility is available. BASIS FOR MONTHLY FEE Category/Description of Unit Charge Living unit with plumbing for laundry, or common laundry facility 1 ERU available on premises Living unit without plumbing for laundry and no common laundry 0.75 ERU available for use by the occupant Rental apartment unit not occupied by owner when billed as a multiple unit of 3 or more apartments served from a single water 0.75 ERU service. (No credit will be given for unoccupied units.) Duplex in one building treated as two residences served from a single 2 ERU water service Note: ERU = Equivalent Residential Unit (See Page 3 -7) O ' City of Seward Water Tariff - Revised 10/03/2011, Effective 01/01/2013 Page 3 -1 GROUP B - SMALL GENERAL SERVICE Group B includes commercial enterprises where the use of water is incidental to the commercial activity and is primarily limited to domestic and janitorial use. This class of service includes such businesses as hotels, motels, professional office buildings, barber shops, warehouses, libraries, public offices, churches and theaters, etc. Where a building, mall or group of facilities is served from a single service, the bill will be based on the total number of facilities to be served, and no credit will be given for vacant facilities. BASIS FOR MONTHLY FEE Category/Description of Unit Charge Hotels and motels not including bars and restaurants: 1.0 ERU Basic charge per building 03 ERU PLUS each guest room 0.3 ERU PLUS each pair of public restrooms in excess of one pair Office Building/Mall with offices and retail stores and businesses not including restaurants, bars, food markets: Basic charge per building 1.0 ERU PLUS each office /activity 0.3 ERU PLUS each pair of public restrooms in excess of one pair 0.3 ERU Single Office /retail shop /professional activity not in office building, per each office or activity 1.0 ERU Barber, beauty, animal grooming shop: Basic charge 1.0 ERU PLUS charge per chair /tub 0.75 ERU Libraries, public offices, professional offices, and similar activities: 1.0 ERU Basic charge per building PLUS each office /activity 0.3 ERU PLUS each pair of public restrooms in excess of one pair 0.3 ERU Doctors' offices, including medical clinics, emergency first aid station, dentists' offices and similar activities: Basic charge per facility 1.0 ERU PLUS per each examination room, dental chair or similar unit 0.5 ERU PLUS per each office 03 ERU City of Seward Water Tariff - Revised 10/03/2011, Effective 01/01/2013 Page 3 - Warehouses: Basic charge per building 1.0 ERU PLUS each pair of restrooms or showers exceeding one pair 0.3 ERU Churches, theaters, assembly halls, clubs, fraternal clubs: Basic charge per building 1.0 ERU PLUS each pair of restrooms exceeding one pair 0.3 ERU PLUS, for food /bar service, add charge for restaurant or bar Public restrooms in parks and similar activities, per each pair of restrooms 1.0 ERU Boardwalk shops with sewage, per shop 0.5 ERU Camping & RV Parks: Per spigot 0.5 ERU Per camper /motorhome hookup 0.2 ERU Private schools, day care centers 2.0 ERU Basic charge 0.5 ERU PLUS per each 15 students or for children in excess of 25 Public baths and showers: Basic charge 2.0 ERU PLUS per each bath or shower in excess of two 0.5 ERU NOTE: Only one basic charge will be assessed per building where different activities occupy the same building. This does not exclude residential charges for living units within the same building. O4 City of Seward Water Tariff - Revised 10/03/2011, Effective 01/01/2013 Page 3 - GROUP C - LARGE GENERAL SERVICE Group C includes commercial enterprises where water usage is greater than in Small General services and/or water is used for food preparation or other activities, but not for industrial processing. These activities will be metered when newly constructed or when remodeling and/or repairs makes installation of meters feasible. When a building, mall or group of facilities is served from a single service, the bill will be based on the total number of facilities served, and no credit will be given for vacant facilities. BASIS FOR MONTHLY FEE Category/Description of Unit Charge Food /grocery markets: Basic charge 3.0 ERU PLUS per water - cooled refrigeration unit 3.0 ERU PLUS per butcher /meat packing unit 1.0 ERU PLUS per bakery 1.0 ERU PLUS per snack bar/Deli 0.5 ERU Restaurants and /or bars (A unit may be defined as a combination restaurant /bar if operated together or separate units if restaurant and bar are operated separately.) This category includes all drink and food service activities, including full service restaurants, hospital kitchens, dormitories, dining halls, school cafeterias, etc.: Basic charge per unit 2.0 ERU PLUS per every 8 seats in excess of 8 seats 0.5 ERU Snack Bar - no seating 0.5 ERU Garage /gas stations and retail, manufacturing and repair shops not using water for processing: Basic charge 2.0 ERU PLUS per pair of restrooms exceeding one pair 0.3 ERU PLUS per each shower 0.3 ERU PLUS per each wash bay 1.0 ERU 047 City of Seward Water Tariff - Revised 10/03/2011, Effective 01/01/2013 Page 3 - Public schools, if non - metered, excluding swimming pools or food service: Basic charge Elementary School Jr. High School High School 7.0 ERU PLUS swimming pool 7.0 ERU PLUS charge for food service based on rate for restaurants 8.0 ERU 15.0 ERU (Pg. 3 -4) Hospital & Nursing Homes, if un- metered, excluding food service: Basic charge 6.0 ERU PLUS charge for food service based on rate for restaurants (Pg. 3 -4) Laundry (self service or commercial units), un- metered [new laundries will be metered]: Basic charge 2.0 ERU PLUS per each laundry unit of 12 pounds or less capacity 1.0 ERU PLUS per each laundry unit larger than 12 pounds capacity 2.0 ERU (L 3 City of Seward Water Tariff - Revised 10/03/2011, Effective 01/01/2013 Page 3 -5 GROUP D - METERED COMMERCIAL & INDUSTRIAL SERVICE Group D includes commercial and industrial enterprises where water usage is greater than for small businesses and/or water is used for food preparation, other activities and industrial processing as well as general domestic users. All new activities shall be metered, and existing facilities will be converted to meters when remodeling and repairs make installation of a meter feasible. Meters must include readouts at a location acceptable to the City, to allow for accurate meter readings. The cost of initial installation of a meter in a new facility will be paid by the customer. The cost of maintenance, repair and replacement of the meter will be at customer expense. The customer will provide a meter, and the user will pay the cost of installation, where an existing service is converted to meter and the commercial use /activities of the user have not changed. If the meter is required due to changed usage, the customer will pay all costs, including the cost of the meter. In all cases, the City will specify and/or approve the type of meter and its installation. A customer may request to be converted to meter rates. If a the customer request is approved to convert to meter rates, the customer will install a meter at the customer's expense, and thereafter charges will be based on metered usage. A customer cannot convert from metered to fixed rate billing. BASIS FOR MONTHLY FEE Minimum Charge for Each Metered Service Service Size Minimum Monthly Charge 3/4" - 1" Service $20.65 1 -1/2" - 2" Service $41.31 2 -1/4" - 4" Service $208.28 Over 4" Service $1,041.31 9 Note: The minimum charge per metered service does not include fire sprinkler service. Char a for Consum s tion Consumption per Month per Meter Charge per 1,000 Gallons First 50,000 Gallons $5.22 Next 500,000 Gallons $4.16 Next 1,000,000 Gallons $3.13 Next 2,000,000 Gallons $2.60 Next 2,000,000 Gallons $1.33 is 9 City of Seward Water Tariff - Revised 10/03/2011, Effective 01/01/2013 Page 3 -6 Next 5,000,000 Gallons $1.33 All Additional Gallons $1.33 The consumption metered on several metered services serving the same owner will not be combined to calculate the monthly bill. Each will be computed as a separate bill. The City may negotiate or renegotiate special contracts with a user that consumes in excess of 20 million gallons of water per calendar year. Such contracts will set or amend a rate which will assure that the user pays its full share of the utility's fixed and variable operating and maintenance costs. All special contracts and renegotiations of existing special contracts shall be approved by resolution of the City Council. City of Seward Water Tariff - Revised 10/03/2011, Effective 01/01/2013 Page 3 -7 GROUP E - SPECIAL RATES AND FEES Group E includes charges for other categories of service not included in Groups A through D. 1. Equivalent Residential Unit (ERU) $41.50 2. Fire Hydrant Use Permit: From May 1 to Tapping Fee $86.06 8449 August 31 a Fire Hydrant Permit may be PLUS daily fee: $43.03 issued. Fire Hydrants will be turned on and PLUS weekly fee: $258.18 off by Water or Fire Department Personnel. If the City determines that a meter and a backflow preventer are required, these will also be installed by Water Department personnel. This rate is set for contractors or other temporary water users, but not for bulk water service to ships or tanker trucks serving ships or industries, as follows: 3. Water Service Connection Fee (done by Up to 1" service not longer than 60 feet, one time City): charge of $2,409.66. In excess of 60 feet - actual cost, but not less than $2,409.66. PLUS cost of paving and curb replacement. Done by Contractor: $144.84 connection fee PLUS cost of paving and curb replacement. 4. Water Service Inspection Fee (for service $86.06 installed by others): (1 J City of Seward Water Tariff - Revised 10/03/2011, Effective 01/01/2013 Page 3 -8 5. Water Turn -On or Turn -Off (per visit, First turn -on and /or turn -off: -0- excluding new service and new account name): No charge for the first turn -on for All other turn -ons or turn -offs: new service or new account. Seasonal turn- During business hours: $43.03 on /turn -off is not classified as a new During non - business hours: $129.08 account and will be charged as " Seasonal turn -ons or turn - offs." Seasonal turn -ons and turn -offs: $144.84 6. Unauthorized Use of City Equipment $860.60 (including fire hydrants, key boxes, turn -on and /or turn -off: 7. Restoration of Water Service (including Actual cost, including city overhead, repair of damage by owner or contractor to labor, materials and equipment. city facilities) 8. Locate Service: Locate between May 1 and Oct. 31- no charge Locate between Nov. 1 and April 30 - $129.08 Large projects requiring several locates will be under a special agreement with the water utility and may include an additional fee. 9. Thaw Wire: Locate between May 1 and Oct. 31- no charge Locate between Nov. 1 and April 30 - $129.08 10. Security Deposit: Domestic (Single Fam. & Duplex) $43.03 Commercial & Multiple Dwellings: $129.08 Fire Hydrant usage: $258.18 City of Seward Water Tariff - Revised 10/03/2011, Effective 01/01/2013 Page 3 - 11 Wnrk• Any contractor tapping into a city main, or 11. Contractor Work: Any contractor tapping into a city main, or otherwise working on a city water line, must be properly licensed to perform the work and must also provide a $5,000.00 bond or equivalent cash guarantee payable to the city. 12. Ship Water (Water furnished to Less than 1,000 gallons from Seward Small Boat temporarily moored vessels): Harbor facilities not requiring city assistance or the use of fire hydrants: No Charge All service not included above: Basic Charge (during regular business hours): $86.06 Basic Charge (outside regular business hours)@ $172.12 PLUS $8.01 per 1000 gallons for all water used. Note: Customer will be responsible for actual charges related to all work and materials required to provide water to vessel. The Point of delivery for potable water supplied by the City shall be at the customer side of the meter/backflow preventer, and the customer is responsible for water quality from the delivery point to the vessel. U .j J City of Seward Water Tariff - Revised 10/03/2011, Effective 01/01/2013 Page 3 - Water Rates and Charges - 20121 Rates for Water by Class of Service ANNUAL RATE ADJUSTMENT: The rates and fees herein provided are adjusted 4% beginning the first billing cycle of the 2012 calendar year and 6% beginning the first billing cycle of the 2013 calendar year. The rates thereafter will be adjusted annually beginning the first billing of each calendar year to reflect an average of the five previous published years' annual increases in the Consumer Price Index, All Items, 1982 -84 =100 for all Urban Consumers, Anchorage, Alaska Area ( "CPI ") as published by the United States Department of Labor, Bureau of Labor Statistics. (For example, 2011 rates reflected an increase based on the average CPI for 2004- 2008.) GROUP A - RESIDENTIAL Group A includes all residential customers living in single family or multiple family living units. Multiple family units include multi - plexes, apartments and townhouses, but exclude hotels, motels and similar transient accommodations. The accounts may be paid by individual occupants or owners of multiple units. When the entire water service to a multiplex or apartment building is billed to one account, the charge will be based on total number of living units in the building whether or not occupied. Living units are considered to be complete with kitchens, baths and plumbing for laundry units. No adjustment is made for the size of the unit, numbers of amenities or the size of the family occupying the unit. A 25% reduction is permitted for units that are not plumbed for laundry units provided a common laundry unit is not available in the building or apartment complex for apartment occupants. There will be no reduction if a common laundry facility is available. BASIS FOR MONTHLY FEE Category /Description of Unit Charge Living unit with plumbing for laundry, or common laundry facility available on premises 1 ERU Living unit without plumbing for laundry and no common laundry 0.75 ERU available for use by the occupant Rental apartment unit not occupied by owner when billed as a multiple unit of 3 or more apartments served from a single water 0.75 ERU service. (No credit will be given for unoccupied units.) { Formatted Table 3 Duplex in one building treated as two residences served from a single 2 ERU water service City of Seward Water Tariff- Revised 11109/0910/03/2011, Effective 01/01/20121 Page 3 -1 Note: ERU = Equivalent Residential Unit (See Page 3 -7) 1 City of Seward Water Tariff- Revised 14/09/0910/03/2011. Effective 01/01/20121 Page 3 -2 GROUP B - SMALL GENERAL SERVICE Group B includes commercial enterprises where the use of water is incidental to the commercial activity and is primarily limited to domestic and janitorial use. This class of service includes such businesses as hotels, motels, professional office buildings, barber shops, warehouses, libraries, public offices, churches and theaters, etc. Where a building, mall or group of facilities is served from a single service, the bill will be based on the total number of facilities to be served, and no credit will be given for vacant facilities. BASIS FOR MONTHLY FEE Category, /Description of Unit Charge Hotels and motels not including bars and restaurants: 1.0 ERU Basic charge per building 0.3 ERU PLUS each guest room PLUS each pair of public restrooms in excess of one pair 03 ERU Office Building/Mall with offices and retail stores and businesses not including restaurants, bars, food markets: 1.0 ERU Basic charge per building 0.3 ERU PLUS each office /activity PLUS each pair of public restrooms in excess of one pair 03 ERU Single Office /retail shop /professional activity not in office building, per each office or activity 1.0 ERU Barber, beauty, animal grooming shop: Basic charge 1.0 ERU PLUS charge per chair /tub 0.75 ERU Libraries, public offices, professional offices, and similar activities: 1.0 ERU Basic charge per building 03 ERU PLUS each office /activity 03 ERU PLUS each pair of public restrooms in excess of one pair Doctors' offices, including medical clinics, emergency first aid station, dentists' offices and similar activities: 1.0 ERU Basic charge per facility PLUS per each examination room, dental chair or similar unit 0.5 ERU PLUS per each office 0.3 ERU 1 City of Seward Water Tariff Revised 11 /09/0910/03 /2011, Effective 01/01/20121 Page 3 - % iJ Warehouses: Basic charge per building 1.0 ERU PLUS each pair of restrooms or showers exceeding one pair 03 ERU Churches, theaters, assembly halls, clubs, fraternal clubs: Basic charge per building 1.0 ERU PLUS each pair of restrooms exceeding one pair 03 ERU PLUS, for food /bar service, add charge for restaurant or bar Public restrooms in parks and similar activities, per each pair of restrooms 1.0 ERU Boardwalk shops with sewage, per shop 0.5 ERU Camping & RV Parks: Per spigot 0.5 ERU Per camper /motorhome hookup 0.2 ERU Private schools, day care centers Basic charge 2.0 ERU PLUS per each 15 students or for children in excess of 25 0.5 ERU Public baths and showers: Basic charge 2.0 ERU PLUS per each bath or shower in excess of two 0.5 ERU NOTE: Only one basic charge will be assessed per building where different activities occupy the same building. This does not exclude residential charges for living units within the same building. 1 City of Seward Water Tariff- Revised 11/0910910/03/2011 Effective 01/01/20121 Page 3 -4 GROUP C - LARGE GENERAL SERVICE Group C includes commercial enterprises where water usage is greater than in Small General services and/or water is used for food preparation or other activities, but not for industrial processing. These activities will be metered when newly constructed or when remodeling and /or repairs makes installation of meters feasible. When a building, mall or group of facilities is served from a single service, the bill will be based on the total number of facilities served, and no credit will be given for vacant facilities. BASIS FOR MONTHLY FEE Category /Description of Unit Charge Food /grocery markets: Basic charge 3.0 ERU PLUS per water - cooled refrigeration unit 3.0 ERU PLUS per butcher /meat packing unit 1.0 ERU PLUS per bakery 1.0 ERU PLUS per snack bar /Deli 0.5 ERU Restaurants and /or bars (A unit may be defined as a combination restaurant/bar if operated together or separate units if restaurant and bar are operated separately.) This category includes all drink and food service activities, including full service restaurants, hospital kitchens, dormitories, dining halls, school cafeterias, etc.: Basic charge per unit 2.0 ERU PLUS per every 8 seats in excess of 8 seats 0.5 ERU Snack Bar - no seating 0.5 ERU Garage /gas stations and retail, manufacturing and repair shops not using water for processing: Basic charge 2.0 ERU PLUS per pair of restrooms exceeding one pair 0.3 ERU PLUS per each shower 0.3 ERU PLUS per each wash bay 1.0 ERU 1 City of Seward Water Tariff Revised 11/09/0910/03/2011, Effective 01/01/20121 Page 3 - 0 :-) 3 Public schools, if non - metered, excluding swimming pools or food service: Basic charge Elementary School Jr. High School High School 7.0 ERU PLUS swimming pool 7.0 ERU PLUS charge for food service based on rate for restaurants 8.0 ERU 15.0 ERU (Pg. 3 -4) Hospital & Nursing Homes, if un- metered, excluding food service: Basic charge 6.0 ERU PLUS charge for food service based on rate for restaurants (Pg. 3 -4) Laundry (self service or commercial units), un- metered [new laundries will be metered]: Basic charge 2.0 ERU PLUS per each laundry unit of 12 pounds or less capacity 1.0 ERU PLUS per each laundry unit larger than 12 pounds capacity 2.0 ERU 1 City of Seward Water Tariff - Revised 1489 /0910/03/2011, Effective 01/01/20121 Page 3 -6 GROUP D - METERED COMMERCIAL & INDUSTRIAL SERVICE Group D includes commercial and industrial enterprises where water usage is greater than for small businesses and/or water is used for food preparation, other activities and industrial processing as well as general domestic users. All new activities shall be metered, and existing facilities will be converted to meters when remodeling and repairs make installation of a meter feasible. Meters must include readouts at a location acceptable to the City, to allow for accurate meter readings. The cost of initial installation of a meter in a new facility will be paid by the customer. The cost of maintenance, repair and replacement of the meter will be at customer expense. The customer will provide a meter, and the user will pay the cost of installation, where an existing service is converted to meter and the commercial use /activities of the user have not changed. If the meter is required due to changed usage, the customer will pay all costs, including the cost of the meter. In all cases, the Ceity will specify and/or approve the type of meter and its installation. A customer may request to be converted to meter rates. If athe customer requests is approved to convert to meter rates, the customerity will install a meter at the customer's expense, and thereafter charges will be based on metered usage. A customer cannot convert from metered to fixed rate billing. BASIS FOR MONTHLY FEE Minimum Charge for Each Metered Service Service Size Minimum Monthly Charge 3/4" - 1" Service $19.48 $48.74 1 -1/2" - 2" Service $38.97 $37.47 2 -1/4" - 4" Service $196.48 $1 -88.92 Over 4" Service $982.37$944.59 Note: The minimum charge per metered service does not include fire sprinkler service. Charge for Consumption Consumption per Month per Meter Charge per 1,000 Gallons First 50,000 Gallons $4.92 54.73 Next 500,000 Gallons $3.92 $3.77 Next 1,000,000 Gallons $2.95 $2.84 1 City of Seward Water Tariff Revised 11109/0910 /03/1011. Effective 01/01/20121 Page 3 -7 Next 2,000,000 Gallons $2.45 - Next 2,000,000 Gallons $1.25 $1 -.29 Next 5,000,000 Gallons $1.25 $-1-2O- All Additional Gallons $1.25 $120 The consumption metered on several metered services serving the same owner will not be combined to calculate the monthly bill. Each will be computed as a separate bill. Except, where :. - •- - - . ; metered- and_ hister-ieally the- -sewiees-have-beew the m -bi} -the- metered new serviees -Mi iatecl-after-lttly.1, 1990. TThe Ceity may negotiate or renegotiate a special contracts with a user that consumes in excess of -20 - { Formatted: Left million gallons of water per calendar year. Such contracts will set or amend a rate which will assure that the user pays its full share of the utility's fixed and variable operating and maintenance costs. All special contracts and renegotiations of existing special contracts shall be approved by resolution of the City Council. 1 City of Seward Water Tariff Revised 1- 1/09/0910/03/2011. Effective 01/01/20121 Page 3 - GROUP E - SPECIAL RATES AND FEES Group E includes charges for other categories of service not included in Groups A through D. 1 1. Equivalent Residential Unit (ERU) $39.15 $37.64 2. Fire Hydrant Use Permit: From May 1 to Tapping Fee $81.19 $78,07 August 31 a Fire Hydrant Permit may be PLUS daily fee: $40.59 $39,3 issued. Fire Hydrants will be turned on and PLUS weekly fee: $243.57 $234:20 - off by Water or Fire Department Personnel If the City determines that a meter and a backflow preventer are required, these will also be installed by Water Department personnel. This rate is set for contractors or other temporary water users, but not for bulk water service to ships or tanker trucks serving ships or industries, as follows: 3. Water Service Connection Fee (done by Up to 1" service not longer than 60 feet, one time 1 City): charge of $2,273.26. $2;1- 85.83. In excess of 60 feet - actual cost, but not less than $2,273.26.$2,'7 485,83 PLUS cost of paving and curb replacement. Done by Contractor: $136.64 $434,38—connection fee PLUS cost of paving and curb replacement. 1 4. Water Service Inspection Fee (for service $81.19 X78:07 installed by others): 1 City of Seward Water Tariff- Revised 11/09/0910/03/2071, Effective 01/01/20121 Page 3 -9 0 6 5. Water Turn -On or Turn -Off (per visit, First turn -on and /or turn -off: -0- excluding new service and new account name): No charge for the first turn -on for All other turn -ons or turn -offs: new service or new account. Seasonal turn- During business hours: $40.59 $39 03 on /turn -off is not classified as a new During non - business hours: $121.77 $117.09 account and will be charged as " Seasonal turn -ons or turn- offs." Seasonal turn -ons and turn -offs: $136.64 {Formatted: Left, No widow /orphan control $1 6. Unauthorized Use of City Equipment $811.88 S7$0:65- (including fire hydrants, key boxes, turn -on and /or turn -off: 7. Restoration of Water Service (including Actual cost, including city overhead, repair of damage by owner or contractor to labor, materials and equipment. city facilities) 8. Locate Service: Locate between May 1 and Oct. 31 - no charge Locate between Nov. 1 and April 30 - $121.77 $11 7.0 Large projects requiring several locates will be under a special agreement with the water utility and may include an additional fee. 9. Thaw Wire: Locate between May 1 and Oct. 31 - no charge Locate between Nov. 1 and April 30 - $121.77 e,9 1 City of Seward Water Tariff - Revised 11!09/0910/03/2011. Effective 01/01/20121 Page 3 -10 0 V .. 10. Security Deposit: Domestic (Single Fam. & Duplex) $40.59 $39.03 Commercial & Multiple Dwellings: — $121.77 1 Fire Hydrant usage: $243.57$23420 1 11. Contractor Work: Any contractor tapping into a city main, or { Formatted Table otherwise working on a city water line, must be properly licensed to perform the work and must also provide a $5,000.00 bond or equivalent cash guarantee payable to the city. City of Seward Water Tariff- Revised 14/09/0910/03/2011. Effective 01/01/20124 Page 3-11 t'63 12. Ship Water (Water furnished to Less than 1,000 gallons from Seward Small Boat temporarily moored vessels): Harbor facilities not requiring city assistance or the use of fire hydrants: No Charge All service not included above: Basic Charge (during regular business hours): $81.19 $78:07 Basic Charge (outside regular business hours)" $162.38 $456.13 PLUS $7.56 $7.27 per 1000 gallons for all water used. Note: Customer will be responsible for actual charges related to all work and materials required to provide water to vessel. The Point of delivery for potable water supplied by the City shall be at the customer side of the meter /backflow preventer, and the customer is responsible for water quality from the delivery point to his -the vessel. 1 City of Seward Water Tariff- Revised 144910910/03/2011, Effective 01/01/20121 Page 3 -12 s. ' yS i Water Rates and Charges - 20132 Rates for Water by Class of Service ANNUAL RATE ADJUSTMENT: The rates and fees herein provided are adjusted 6% 4% beginning the first billing cycle of the 2012 calendar year and- M4,-- in-the -2013 calendar year. The rates thereafter will be adjusted annually beginning the first billing of each calendar year to reflect an average of the five previous published years' annual increases in the Consumer Price Index, All Items, 1982 -84 =100 for all Urban Consumers, Anchorage, Alaska Area ( "CPI ") as published by the United States Department of Labor, Bureau of Labor Statistics. (For example, 2011 rates reflected an increase based on the average CPI for 2004- 2008.) GROUP A - RESIDENTIAL Group A includes all residential customers living in single family or multiple family living units. Multiple family units include multi - plexes, apartments and townhouses, but exclude hotels, motels and similar transient accommodations. The accounts may be paid by individual occupants or owners of multiple units. When the entire water service to a multiplex or apartment building is billed to one account, the charge will be based on total number of living units in the building whether or not occupied. Living units are considered to be complete with kitchens, baths and plumbing for laundry units. No adjustment is made for the size of the unit, numbers of amenities or the size of the family occupying the unit. A 25% reduction is permitted for units that are not plumbed for laundry units provided a common laundry unit is not available in the building or apartment complex for apartment occupants. There will be no reduction if a common laundry facility is available. BASIS FOR MONTHLY FEE Category/Description of Unit Charge Living unit with plumbing for laundry, or common laundry facility available on premises 1 ERU Living unit without plumbing for laundry and no common laundry 0.75 ERU available for use by the occupant Rental apartment unit not occupied by owner when billed as a multiple unit of 3 or more apartments served from a single water 0.75 ERU service. (No credit will be given for unoccupied units.) Duplex in one building treated as two residences served from a single 2 ERU water service Note: ERU = Equivalent Residential Unit (See Page 3 -7) 1 City of Seward Water Tariff- Revised 10/03/2011, Effective 01/01/20132 Page 3 -1 GROUP B - SMALL GENERAL SERVICE Group B includes commercial enterprises where the use of water is incidental to the commercial activity and is primarily limited to domestic and janitorial use. This class of service includes such businesses as hotels, motels, professional office buildings, barber shops, warehouses, libraries, public offices, churches and theaters, etc. Where a building, mall or group of facilities is served from a single service, the bill will be based on the total number of facilities to be served, and no credit will be given for vacant facilities. BASIS FOR MONTHLY FEE Category/Description of Unit Charge Hotels and motels not including bars and restaurants: Basic charge per building 1.0 ERU PLUS each guest room 0 3 ERU PLUS each pair of public restrooms in excess of one pair 03 ERU Office Building/Mall with offices and retail stores and businesses not including restaurants, bars, food markets: Basic charge per building 1.0 ERU PLUS each office /activity 03 ERU PLUS each pair of public restrooms in excess of one pair 0 3 ERU Single Office /retail shop /professional activity not in office building, per each office or activity 1.0 ERU Barber, beauty, animal grooming shop: Basic charge 1.0 ERU PLUS charge per chair /tub 0.75 ERU Libraries, public offices, professional offices, and similar activities: 1.0 ERU Basic charge per building 03 ERU PLUS each office /activity 0.3 ERU PLUS each pair of public restrooms in excess of one pair Doctors' offices, including medical clinics, emergency first aid station, dentists' offices and similar activities: Basic charge per facility 1.0 ERU PLUS per each examination room, dental chair or similar unit 0.5 ERU PLUS per each office 03 ERU 1 City of Seward Water Tariff- Revised 10/03/2011, Effective 01/01/20132 Page 3 -2 • Warehouses: Basic charge per building 1.0 ERU PLUS each pair of restrooms or showers exceeding one pair 0.3 ERU Churches, theaters, assembly halls, clubs, fraternal clubs: Basic charge per building 1.0 ERU PLUS each pair of restrooms exceeding one pair 03 ERU PLUS, for food /bar service, add charge for restaurant or bar Public restrooms in parks and similar activities, per each pair of restrooms 1.0 ERU Boardwalk shops with sewage, per shop 0.5 ERU Camping & RV Parks: Per spigot 0.5 ERU Per camper /motorhome hookup 0.2 ERU Private schools, day care centers Basic charge 2.0 ERU PLUS per each 15 students or for children in excess of 25 03 ERU Public baths and showers: Basic charge 2.0 ERU PLUS per each bath or shower in excess of two 0.5 ERU NOTE: Only one basic charge will be assessed per building where different activities occupy the same building. This does not exclude residential charges for living units within the same building. 1 City of Seward Water Tariff- Revised 10/03/2011, Effective 01/01/20132 Page 3 -3 0 6 +7 GROUP C - LARGE GENERAL SERVICE Group C includes commercial enterprises where water usage is greater than in Small General services and/or water is used for food preparation or other activities, but not for industrial processing. These activities will be metered when newly constructed or when remodeling and /or repairs makes installation of meters feasible. When a building, mall or group of facilities is served from a single service, the bill will be based on the total number of facilities served, and no credit will be given for vacant facilities. BASIS FOR MONTHLY FEE Category /Description of Unit Charge Food /grocery markets: Basic charge 3.0 ERU PLUS per water - cooled refrigeration unit 3.0 ERU PLUS per butcher /meat packing unit 1.0 ERU PLUS per bakery 1.0 ERU PLUS per snack bar/Deli 0.5 ERU Restaurants and /or bars (A unit may be defined as a combination restaurant/bar if operated together or separate units if restaurant and bar are operated separately.) This category includes all drink and food service activities, including full service restaurants, hospital kitchens, dormitories, dining halls, school cafeterias, etc.: Basic charge per unit 2.0 ERU PLUS per every 8 seats in excess of 8 seats 0.5 ERU Snack Bar - no seating 0.5 ERU Garage /gas stations and retail, manufacturing and repair shops not using water for processing: Basic charge 2.0 ERU PLUS per pair of restrooms exceeding one pair 0.3 ERU PLUS per each shower 0.3 ERU PLUS per each wash bay 1.0 ERU 1 City of Seward Water Tariff Revised 10/03/2011, Effective 01/01/20132 Page 3 - Public schools, if non - metered, excluding swimming pools or food service: Basic charge Elementary School Jr. High School High School 7.0 ERU PLUS swimming pool 7.0 ERU PLUS charge for food service based on rate for restaurants 8.0 ERU 15.0 ERU (Pg. 3 - 4 ) Hospital & Nursing Homes, if un- metered, excluding food service: Basic charge 6.0 ERU PLUS charge for food service based on rate for restaurants (Pg. 3 -4) Laundry (self service or commercial units), un- metered [new laundries will be metered]: Basic charge 2.0 ERU PLUS per each laundry unit of 12 pounds or less capacity 1.0 ERU PLUS per each laundry unit larger than 12 pounds capacity 2.0 ERU City of Seward Water Tariff- Revised 10/03/2011, Effective 01/01/20132 Page 3 -5 GROUP D - METERED COMMERCIAL & INDUSTRIAL SERVICE Group D includes commercial and industrial enterprises where water usage is greater than for small businesses and/or water is used for food preparation, other activities and industrial processing as well as general domestic users. All new activities shall be metered, and existing facilities will be converted to meters when remodeling and repairs make installation of a meter feasible. Meters must include readouts at a location acceptable to the City, to allow for accurate meter readings. The cost of initial installation of a meter in a new facility will be paid by the customer. The cost of maintenance, repair and replacement of the meter will be at customer expense. The customer will provide a meter, and the user will pay the cost of installation, where an existing service is converted to meter and the commercial use /activities of the user have not changed. If the meter is required due to changed usage, the customer will pay all costs, including the cost of the meter. In all cases, the City will specify and/or approve the type of meter and its installation. A customer may request to be converted to meter rates. If a the customer request is approved to convert to meter rates, the customer will install a meter at the customer's expense, and thereafter charges will be based on metered usage. A customer cannot convert from metered to fixed rate billing. BASIS FOR MONTHLY FEE Minimum Charge for Each Metered Service Service Size Minimum Monthly Charge 3/4" - 1" Service $20.65 $1 1 -1/2" - 2" Service $4131 $380-7 2 -1/4" - 4" Service $208.28 $1 -96.48 Over 4" Service $1,04131511.31$98 Note: The minimum charge per metered service does not include fire sprinkler service. Charge for Consumption Consumption per Month per Meter Charge per 1,000 Gallons First 50,000 Gallons $5.22 $4:92 Next 500,000 Gallons $4.16 $3.92 Next 1,000,000 Gallons $3.13 $2.95 Next 2,000,000 Gallons $2.60 $2.45 Next 2,000,000 Gallons $1.33 $1.25 1 City of Seward Water Tariff Revised 10/03/2011, Effective 01/01/20132 Page 3 - 0 0 Next 5,000,000 Gallons $1.33 $1.25 All Additional Gallons $1.33 $1.25 The consumption metered on several metered services serving the same owner will not be combined to calculate the monthly bill. Each will be computed as a separate bill. The City may negotiate or renegotiate special contracts with a user that consumes in excess of 20 million gallons of water per calendar year. Such contracts will set or amend a rate which will assure that the user pays its full share of the utility's fixed and variable operating and maintenance costs. All special contracts and renegotiations of existing special contracts shall be approved by resolution of the City Council. 1 City of Seward Water Tariff- Revised 10/03/2011, Effective 01/01/20132 Page 3 -7 0 7 .. GROUP E - SPECIAL RATES AND FEES Group E includes charges for other categories of service not included in Groups A through D. 1 1. Equivalent Residential Unit (ERU) $41.50 $39.15 2. Fire Hydrant Use Permit: From May 1 to Tapping Fee $86.06 IS { Formatted: Strikethrough August 31 a Fire Hydrant Permit may be PLUS daily fee: $43.03 $40.59 issued. Fire Hydrants will be turned on and PLUS weekly fee: $258.18 5243.57 off by Water or Fire Department Personnel. If the City determines that a meter and a backflow preventer are required, these will also be installed by Water Department personnel. This rate is set for contractors or other temporary water users, but not for bulk water service to ships or tanker trucks serving ships or industries, as follows: 3. Water Service Connection Fee (done by Up to 1" service not longer than 60 feet, one time 1 City): charge of $2,409.66. $2,273.26. In excess of 60 feet - actual cost, but not less than $2,409.66. $2,2.�- 7 26. PLUS cost of paving and curb replacement. 1 Done by Contractor: $144.84 4— connection fee PLUS cost of paving and curb replacement. 1 4. Water Service Inspection Fee (for service $86.06 S84,1 -9 installed by others): 1 City of Seward Water Tariff- Revised 10/03/2011, Effective 01/01/20132 Page 3 -8 5. Water Turn -On or Turn -Off (per visit, First turn -on and /or turn -off: -0- excluding new service and new account name): No charge for the first turn -on for All other turn -ons or turn -offs: new service or new account. Seasonal turn- During business hours: $43.03 54&59 on /turn -off is not classified as a new During non - business hours: $129.08 $121.77 account and will be charged as " Seasonal turn -ons or turn - offs." Seasonal turn -ons and turn -offs: $144.84 $136:64 6. Unauthorized Use of City Equipment $860.60 5811.88 (including fire hydrants, key boxes, turn -on and /or turn -off: 7. Restoration of Water Service (including Actual cost, including city overhead, repair of damage by owner or contractor to labor, materials and equipment. city facilities) 8. Locate Service: Locate between May 1 and Oct. 31 - no charge Locate between Nov. 1 and April 30 - $129.08 5121.77 Large projects requiring several locates will be under a special agreement with the water utility and may include an additional fee. 9. Thaw Wire: Locate between May 1 and Oct. 31 - no charge Locate between Nov. 1 and April 30 - $129.08 $121.77 1 City of Seward Water Tariff- Revised 10/03/2011, Effective 01/01/20132 Page 3 -9 0 3 10. Security Deposit: Domestic (Single Fam. & Duplex) $43.03 $4059 Commercial & Multiple Dwellings: $129.08 $121.77 Fire Hydrant usage: $258.18 $24357 11. Contractor Work: Any contractor tapping into a city main, or otherwise working on a city water line, must be properly licensed to perform the work and must also provide a $5,000.00 bond or equivalent cash guarantee payable to the city. 1 City of Seward Water Tariff- Revised 10/03/2011, Effective 01/01/20132 Page 3 -10 0 i 12. Ship Water (Water furnished to Less than 1,000 gallons from Seward Small Boat temporarily moored vessels): Harbor facilities not requiring city assistance or the use of fire hydrants: No Charge All service not included above: Basic Charge (during regular business hours): $86.06 $8449 Basic Charge (outside regular business hours)" $172.12 $46238 PLUS $8.01 $7.56 per 1000 gallons for all water used. Note: Customer will be responsible for actual charges related to all work and materials required to provide water to vessel. The Point of delivery for potable water supplied by the City shall be at the customer side of the meter /backflow preventer, and the customer is responsible for water quality from the delivery point to the vessel. 1 City of Seward Water Tariff - Revised 10/03/2011, Effective 01/01/20132 Page 3 (1 Sponsored by: Administration CITY OF SEWARD, ALASKA RESOLUTION 2011 -081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE ELECTRIC RATES AND CHARGES TARIFF TO INCLUDE AUTOMATIC ANNUAL ADJUSTMENTS TO ALL RATES AND FEES BY A CUMULATIVE AMOUNT OF TEN PERCENT IN 2012 AND FIVE PERCENT IN 2013 WHEREAS, the Seward City Council conducted extensive public rate review work sessions for the purpose of addressing critical infrastructure and operational needs of the Electric Utility; and WHEREAS, the Council finds that it is in the financial interests of the Electric Utility to pass along future Chugach rate adjustments to our customers when approved by the RCA; and heretofore authorizes those rate increases to be made automatically at the time the City's rate adjustment becomes effective; and WHEREAS, the Council seeks to incrementally increase rates to customers in order to address the growing infrastructure and operational needs of the electric utility, while avoiding single - year larger rate increases; and WHEREAS, to that end, Council approves changes to the Electric Tariff as attached hereto in "Electric Rates & Charges 2012 ", effective January 1, 2012, to include a 10% rate increase to all rate classes and all fees; and WHEREAS, the Council further approves changes to the Electric Tariff as attached hereto in "Electric Rates & Charges 2013" to be effective January 1, 2013, to include a 5% rate increase to all rate classes all fees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. Effective January 1, 2012, the Seward City Council hereby approves the adjusted Electric Tariff rates and charges as attached hereto as "Electric Rates & Charges — 2012 ". Section 2. Effective January 1, 2013, the Seward City Council hereby approves the adjusted Electric Tariff rates and charges as attached hereto as `Electric Rates & Charges — 2013 ". Vi 3 CITY OF SEWARD, ALASKA RESOLUTION 2011 -081 Section 3. Effective January 1, 2012 the Seward City Council hereby approves the adjusted language, which previously read "Meter Testing, per Test, When previous test occurred within the last 24 months" to read "Meter Testing, per Test, When results determine meter is accurate ". Section 4. This resolution is effective immediately upon passage. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 14th day of November, 2011. THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) Council Agenda Statement Meeting Date: October 24, 2011 A of self, From: John Foutz, Manager Electric Utility 11.40 -P Agenda Item: Amending Electric Rates and Charges BACKGROUND & JUSTIFICATION: The City of Seward's Electric rates must be increased for a number of important reasons. First, the Electric Enterprise fund does not have the financial capacity to initiate a replacement plan for critically aged infrastructure, effectively maintain essential equipment, and fund emergency situations. The City has absorbed many of the rate increases from their generation supplier, Chugach Electric Association (CEA). Funds have been transferred from the Electric Fund to other City Funds, adversely impacting reserves. The costs to replace materials needed to repair essential power lines have dramatically increased, but failure to increase rates to customers for replacement of these items has not kept pace with increased costs. While the electric department has kept the City's electrical distribution system functioning, it has not been able to keep pace with important maintenance and replacement items. As a result, the electric department has been unable to continue essential maintenance and upkeep of equipment vital to the safety and well -being of the community of Seward. After five extensive public work sessions aimed at reviewing capital infrastructure needs of the City's enterprise funds, it has been determined that electric rates will be increased effective January 1, 2012 by ten percent. In addition, rates will increase an additional five percent effective January 1, 2013. These rates will not allow the City to replace all critical and high -risk infrastructure items, but reflect incremental increases aimed at balancing the need for additional revenue requirements, while minimizing the financial impact on the utility's customers. This proposed tariff does not include a fee for the purpose of recovering costs associated with individuals who elect to turn off power seasonally. However, if the City Council desires to amend the tariff at this time to recover the lost revenue associated with the monthly infrastructure fee, we would propose the following amendment: Add a service as follows: "Reconnection to approved existing meter installation based on seasonal shut -off' (defined as shut -off for a period exceeding one month for seasonal purposes). Zone I = $127.33; Zone II = $159.16; Zone III = $191.00. The basis for this recommendation is to charge the customer the approximate monthly infrastructure fee multiplied by seven months. This methodology follows that used in the water tariff to address the adverse impact of seasonal turn-offs to that utility. During the previous budget session the Seward City Council chose to implement step rate increases instead of the one time increase of twenty -six percent. The revised tariffs for 2012 and 2013 are attached. 0 3 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. Other: FISCAL NOTE: The 10% rate increase in m2012 is expected to generate approximately $1.1 million in additional revenues. The 5% rate increase in 2013 is expected to generate an additional $500,000 in revenue. Those added revenues are crucial to the ability of the Electric Fund to cover the cost of some of its critical capital needs. Approved by Finance Department: ,1 RECOMMENDATION: Seward City Council approve Resolution 2011 -35S amending the Electrical Rates and Charges tariffs for 2012 and 2013. �;"3 City of Seward, Alaska Utility Tariffs - Legislative History Notes GENERAL CHANGES June 10, 1996 Resolution 96 -076 (Setting fees and charges for delinquent accounts) June 12, 2000 Ordinance 00 -014 (Adopted rules & rate methodologies to purchase power from qualifying facilities) Mar. 13, 2006 Resolution 06 -023 ( *Council approved power agreement with CEA which adjusted the demand charge rate, but not by specific resolution. Affected page 2 -1. See listed below) ELECTRIC TARIFF Adopted May 11, 1992 Resolution 92 -064 Amended November 16, 1992 Resolution 92 -186 (Page 2 - 3) Amended June 18, 1993 Resolution 93 -089 Amended March 28, 2000 Resolution 00 -029 (Effective 4/1/00) Amended May 22, 2000 Resolution 00 -053 Amended June 12, 2000 Ordinance 00 -014 (Effective 06/22/00) Amended Dec. 18, 2002 Resolution 02 -138 (Effective 1 - - 03) *CEA Agr. adjusted demand rates No resolution (Effective 6/1/06) Amended November 9, 2009 Resolution 09 -115 (Effective 1/1/2010, 2011) *CEA Agr. Adjusted demand rates No resolution (Effective 5/1 /2011) WATER TARIFF Adopted May 11, 1992 Resolution 92 -065 Amended June 22, 1992 Resolution 92 -113 Amended June 14, 1993 Resolution 93 -090 Amended September 27, 1993 Resolution 93 -142 (Fire Hydrants) Amended April 24, 1995 Resolution 95 -032 Amended April 26, 1999 Resolution 99 -048 (ship water) Amended December 8, 2003 Resolution 03 -155 (Effective 1/1/04) Amended November 22, 2004 Resolution 04 -106 (Effective 01 01 - 05) Amended November 10, 2009 Resolution 09 -117 (Effective 1/1/2010, 2011) SEWER TARIFF Adopted May 11, 1992 Resolution 92 -066 Amended June 22, 1992 Resolution 92 -113 Amended June 14, 1993 Resolution 93 -091 Amended December 8, 2003 Resolution 03 -155 Amended November 22, 2004 Resolution 04 -105 (Effective 01 01 - 05) Amended November 13, 2007 Resolution 07 -123 (Effective 1 /1 /08) 5%T Amended November 10, 2009 Resolution 09 -118 (Effective 1/1/2010, 2011) GARBAGE /REFUSE TARIFF Adopted May 11, 1992 Resolution 92 -067 Adopted August 14, 2000 Resolution 00 -085 (Voter approval 10/3/2000) Amended August 28, 2000 Resolution 00 -091 Adopted Feb. 23, 2004 Resolution 04 -018 (Effective 4/1/04) Amended July 26, 2010 Resolution 10 -063 (Effective 1/1/2011) Adopted July 26, 2010 Resolution 10 -064 (Voter approval 10/5/2010) 0E3 City of Seward Utility Tariff Legislative History Notes Page 6 -1 (Last updated May 1, 2011) CITY OF SEWARD ELECTRIC DEPARTMENT - HISTORICAL RATE INFORMATION Chugach Electric Association Rate changes to the Seward Public Utilities (SPU): Passed on Energy to SPU Charge Increase /Decrease customers 2000 to October 2003 0.00459 October 2003 0.00401 - 12.64% no June 2006 0.00402 0.25% yes May 2008 0.00275 - 31.59% no September 2009 0.00624 126.91% no November 2010 0.00601 -3.69% no May 2011 0.00612 1.83% yes January 2012 81.07% 2.08% Amount of increase passed on to SPU customers 78.99% Amount of increase absorbed by Electric Utility without passing on to customers Seward Public Utilities Rate Increases to SPU customers: CO 1.,_,2013 Proposed 5% 2012 Proposed 10% 2011 5% 2010 5% 2009 0% 2008 0% 2007 0% 2006 0% 2005 0% 2004 0% 2003 0% 25.00% 2.08% Plus CEA rate increase passed on to SPU customers 27.08% Total rate increases in past 11 years (assuming proposed rates pass) 2.5% Equals average annual rate increase by SPU City of Seward Electric Rates & Charges 2012 Rates for Electrical Power by Class of Service Charge Demand Charge Monthly Operations Class of Service Energy g & Infrastructure Residential $0.10891 /kWh N/A $18.19 Small General Service $0.12551 N/A $36.39 (Less than 25 kW) $0.08987 Large General Service (1S 200 $15.76 $36.39 kWh/kW) /kW* $0.05368(Additional kWh's) $8.18 (175 watts) Yard Lights N/A N/A $12.13 (250 watts) Street Lights $0.14806 N/A $36.39 * Demand Charges will be based on the maximum demand recorded over a 15- minute period. These rates are based, in part, on the cost of energy and demand from Chugach Electric Association (CEA) and will change when there is an adjustment to CEA rates charged to the City of Seward. Effective January 1, 2012 and each January 1 thereafter, rates will be adjusted based on a five -year average of the cost of living as stated in the consumer price index, all items, 1982 -84 =100 for urban wage earners and clerical workers, Anchorage, Alaska area, as published by the U.S. City of Seward Electric Tariff 2 January 1, 2012 per Seward City Council Approval Department of Labor, Bureau of Labor Statistics. (NOTE: 1/1/2012 will utilize CPI Data from 2005- 2009). A Small General Service customer may elect to be billed under the large General Service schedule; however, the election to change the billing rate from one customer group to another may not be made more often than once every 12 months. Definitions And Miscellaneous Charges 1. CEA Fuel Adjustment: The fuel adjustment charge from Chugach Electric Association directly distributed to Seward Electric Utility customers prorated according to the number of kWh the customers consumed during the billing period. 2. Seward Fuel Adjustment: The cost of operating the standby generation plant, including fuel, labor, maintenance and repair when it exceeds the amount budgeted to date for the fiscal year. The cost will be prorated according to the number of kWh the customer consumed during the billing Period. 3. Special Contracts: Special contracts may be negotiated by the Utilities Manager with customers that have a demand in excess of 750 kW or that have unique power requirements that cannot be reasonably addressed by the large general service tariff. Special contracts may include, but are not limited to, provisions for instantaneous demand charges, time of service, interruptible power, minimum and maximum demand, adjustment of demand level, ownership and payment of new distribution facilities, termination charges and power factor. Special contracts must be approved by the City Council. 4. VAR Change (Power Factor Adjustment): All schedules requiring demand metering will be subject to the following power factor adjustment provisions: A: Demand - metered customer should attempt to maintain a unity power factor. If the power factor falls below ninety percent lagging, the customer will take corrective steps to return the power factor to ninety percent or higher. Also, the following charge for billed kilowatts will apply: Monthly Billing Demand = Maximum Demand x 90% City of Seward Electric Tariff January 1, 2012 per Seward City Council Approval a 4' 3 Actual Power Factor B: All power factor adjustment equipment installed by the customer must be approved by the city. Power factor can be determined by permanently installed monitoring equipment or by periodic testing at reasonable intervals, at the discretion of the City. 5. Standby Generation: the cost of operating the standby generation plant to meet a specific customer's need will be charged directly to that customer. Such cost will be the total cost of operating the plant, including fuel, labor, overtime, maintenance, repair and overhead, less the value of energy generated in excess of customer's need. 6. Other Miscellaneous Fees and Charges: Fees and charges for existing facilities follow on Page 4. Engineering service fees and charges for new facilities follow on Page 5. Fees on Pages 4 and 5 are listed according to service zones as follows: ZONE I Inside City Limits (excluding the Small Boat Harbor). ZONE II City limits to mile 12, Seward Highway, and all roads connecting to the highway within this area. ZONE III Mile 12 to Lawing. 7. APUC Regulatory Cost Charge: A special surcharge of $0.000626/kWh imposed on electrical utilities by the Regulatory Commission of Alaska (RCA) in response to the state's intent to assess user fees to support activities of the RCA and departments. This charge was recommended by the RCA as a pass through charge to retail utilities customers. 0S'k S City of Seward Electric Tariff January 1, 2012 per Seward City Council Approval Service Zone I Zone II Zone III Meter Testing, per Test, When results $60.64 $84.90 $109.15 determined meter is accurate Reconnection to approved existing meter $24.26 $30.32 $36.39 installation Reconnection to approved existing meter $169.79 $206.17 $242.55 installation outside regular business hours New connection fee $181.92 $181.92 $181.92 Minimum Deposit - Residential Account $110.00 $110.00 $110.00 Minimum Deposit - Commercial or $220.00 $220.00 $220.00 Industrial Account Deposit - Interruptible, Off -Peak Account: $220.00 $220.00 $220.00 The larger of twice the estimated monthly bill OR Tampering with or unauthorized breaking $606.38 $606.38 $606.38 of meter seal Per Annum interest on delinquent account 10.50% 10.50% 10.50% Door Hanger Fee $28.75 $28.75 $28.75 Monthly late fee on delinquent account $5.75 $5.75 $5.75 Dishonored check fee $40.50 $40.50 $40.50 • 5 City of Seward Electric Tariff January 1, 2012 per Seward City Council Approval Reconnection during regular business hours following disconnection of delinquent $48.51 $60.64 $72.77 account Reconnection outside regular business hours following disconnection of $169.79 $206.17 $242.55 delinquent account G E: 3 City of Seward Electric Tariff January 1, 2012 per Seward City Council Approval Service Zone I Zone II Zone III Temporary secondary service $60.64 $72.77 $84.90 Primary Overhead Extensions (Residence) $60.64 $72.77 $84.90 Primary Underground Extensions $60.64 $72.77 $84.90 (Residence) Secondary service $60.64 $72.77 $84.90 Primary Overhead extensions (Subdivision, $121.28 $145.53 $169.79 Mobile Home Park, Multi- Residence) Primary Overhead Extensions (Commercial $242.55 $291.06 $315.32 & Industrial) Primary Underground Extensions $242.55 $291.06 $315.32 (Commercial & Industrial) Modifications of Existing Facilities $121.28 $145.53 $169.79 Street Lighting Systems and Yard Lights $60.64 $72.77 $84.90 NOTE: The Zone Fee or Charge is non - refundable until the service is connected. If the service is constructed and connected, the charge will be adjusted to the actual coast of engineering services. See Page 2 -3 for description of Zones I, II and III. City of Seward Electric Tariff January 1, 2012 per Seward City Council Approval City of Seward Electric Rates & Charges 2013 Rates for Electrical Power by Class of Service Charge Demand Charge Monthly Operations Class of Service Energy g & Infrastructure Residential $0.11436/kWh N/A $19.10 Small General Service $0.13179 N/A $38.21 (Less than 25 kW) $0.094364 Large General Service /kWh (1 200 $16.55 $38.21 kWh/kW) , kW* $0.05636(Additional kWh's) $8.59 (175 watts) Yard Lights N/A N/A $12.74 (250 watts) Street Lights $0.15546 N/A $38.21 * Demand Charges will be based on the maximum demand recorded over a 15- minute period. These rates are based, in part, on the cost of energy and demand from Chugach Electric Association (CEA) and will change when there is an adjustment to CEA rates charged to the City of Seward. Effective January 1, 2012 and each January 1 thereafter, rates will be adjusted based on a five -year average of the cost of living as stated in the consumer price index, all items, 1982 -84 =100 for urban wage earners and clerical workers, Anchorage, Alaska area, as published by the U.S. City of Seward Electric Tariff 003 January 1, 2013 per Seward City Council Approval Department of Labor, Bureau of Labor Statistics. (NOTE: 1/1/2012 will utilize CPI Data from 2005- 2009). A Small General Service customer may elect to be billed under the large General Service schedule; however, the election to change the billing rate from one customer group to another may not be made more often than once every 12 months. Definitions And Miscellaneous Charges 1. CEA Fuel Adjustment: The fuel adjustment charge from Chugach Electric Association directly distributed to Seward Electric Utility customers prorated according to the number of kWh the customers consumed during the billing period. 2. Seward Fuel Adjustment: The cost of operating the standby generation plant, including fuel, labor, maintenance and repair when it exceeds the amount budgeted to date for the fiscal year. The cost will be prorated according to the number of kWh the customer consumed during the billing Period. 3. Special Contracts: Special contracts may be negotiated by the Utilities Manager with customers that have a demand in excess of 750 kW or that have unique power requirements that cannot be reasonably addressed by the large general service tariff. Special contracts may include, but are not limited to, provisions for instantaneous demand charges, time of service, interruptible power, minimum and maximum demand, adjustment of demand level, ownership and payment of new distribution facilities, termination charges and power factor. Special contracts must be approved by the City Council. 4. VAR Change (Power Factor Adjustment): All schedules requiring demand metering will be subject to the following power factor adjustment provisions: A: Demand - metered customer should attempt to maintain a unity power factor. If the power factor falls below ninety percent lagging, the customer will take corrective steps to return the power factor to ninety percent or higher. Also, the following charge for billed kilowatts will apply: Monthly Billing Demand = Maximum Demand x 90% City of Seward Electric Tariff E: January 1, 2013 per Seward City Council Approval Actual Power Factor B: All power factor adjustment equipment installed by the customer must be approved by the city. Power factor can be determined by permanently installed monitoring equipment or by periodic testing at reasonable intervals, at the discretion of the City. 5. Standby Generation: the cost of operating the standby generation plant to meet a specific customer's need will be charged directly to that customer. Such cost will be the total cost of operating the plant, including fuel, labor, overtime, maintenance, repair and overhead, less the value of energy generated in excess of customer's need. 6. Other Miscellaneous Fees and Charges: Fees and charges for existing facilities follow on Page 4. Engineering service fees and charges for new facilities follow on Page 5. Fees on Pages 4 and 5 are listed according to service zones as follows: ZONE I Inside City Limits (excluding the Small Boat Harbor). ZONE II City limits to mile 12, Seward Highway, and all roads connecting to the highway within this area. ZONE III Mile 12 to Lawing. 7. APUC Regulatory Cost Charge: A special surcharge of $0.000626/kWh imposed on electrical utilities by the Regulatory Commission of Alaska (RCA) in response to the state's intent to assess user fees to support activities of the RCA and departments. This charge was recommended by the RCA as a pass through charge to retail utilities customers. City of Seward Electric Tariff January 1, 2013 per Seward City Council Approval Service Zone I Zone II Zone III Meter Testing, per Test, When results determine meter is accurate $63.67 $89.15 $114.61 $55.1.3 $77.18 $99.23 Reconnection to approved existing meter $25.47 $31.84 $38.21. installation $22.05 $27.56 $33.08 Reconnection to approved existing meter $178.28 $216.48 $254.68 installation outside regular business hours $154.35 $187.4 $220.50 New connection fee $191.02 $191.02 $191.02 $165.38 $165.38 $165.38 Minimum Deposit - Residential Account $115.50 $115.50 $115.50 $-1 O- AA $440.00 $4-0-0,440 Minimum Deposit - Commercial or $231.00 $231.00 $231.00 Industrial Account $2.00.00 $240.00 $200.00 Deposit - Interruptible, Off -Peak Account: The larger of twice the estimated monthly $231.00 $31.00 $231.00 bill OR $200.00 $240:00 $240700 Tampering with or unauthorized breaking $636.70 $636.70 $636.70 of meter seal $551 $551.25 $551.25 Per Annum interest on delinquent account 10.50% 10.50% 10.50% Door Hanger Fee $30.50 $30.50 $30.50 $26.25 $26.25 $26.25 Monthly late fee on delinquent account $6.25 $6.25 $6.25 $5 $ $-5Q-5 Dishonored check fee $42.50 $42.50 $42.50 $36.75 $36.75 $36.75 City of Seward Electric Tariff 051 January 1, 2013 per Seward City Council Approval Reconnection during regular business hours following disconnection of delinquent $50.94 $63.68 $76.41 account $44.10 $55.13 $66.15 Reconnection outside regular business hours following disconnection of $178.28 $216.48 $254.68 delinquent account $154.35 $187.43 $220.50 City of Seward Electric Tariff January 1, 2013 per Seward City Council Approval Service Zone I Zone II Zone III Temporary secondary service $63.67 $76.41 $89.15 $55.13 $66.1.5 $77.18 Primary Overhead Extensions (Residence) $63.67 $76.41 $89.15 $55.13 $66.15 $77.18 Primary Underground Extensions $63.67 $76.41 $89.15 (Residence) $55.13 $66.15 $77.18 Secondary service $63.67 $76.41 $89.15 $55.13 $66.15 $77.1.8 Primary Overhead extensions (Subdivision, $127.34 $152.81 $178.28 Mobile Home Park, Multi - Residence) $110.25 $132.30 $15.35 Primary Overhead Extensions (Commercial $254.68 $305.61 $331.09 & Industrial) $2207-50 440 $286.65 Primary Underground Extensions $254.68 $305.61 $331.09 (Commercial & Industrial) $22058 $264. $286.65 Modifications of Existing Facilities $127.34 $1.52.81 $178.28 $1 .1.0.25 $132.30 $154.35 Street Lighting Systems and Yard Lights $63.67 $76.41 $89.15 $55.13 $66.15 $77.18 NOTE: The Zone Fee or Charge is non - refundable until the service is connected. If the service is constructed and connected, the charge will be adjusted to the actual coast of engineering services. See Page 2 -3 for description of Zones I, II and III. City of Seward Electric Tariff 053 January 1, 2013 per Seward City Council Approval City of Seward Electric Rates & Charges 20121 Rates for Electrical Power by Class of Service Class of Service Energy Charge Demand Charge Monthly Operations & Infrastructure Residential $0.10891/kWh N/A $18.19 $0.09901 /kWh $16.51 Small General Service $0.12551 N/A $36.39 (Less than 25 kW) $0.11121/k Wh $33.08 $0.08987 Large General Service $0'08.181 /kWh (1St $15.76 $36.39 200 kWh/kW) $14.49/kW* $33.08 $0.0536850.01891 (Additional kWh's) $8.1 8 (175 watts) Yard Lights N/A N/A $ 13 (250 watts) $-7-4. 4 { 175 watts) $11.03 (250 watts) $36.39 Street Lights $0.14806 N/A $33.08 $0.13471 * Demand Charges will be based on the maximum demand recorded over a 15- minute period. These rates are based, in part, on the cost of energy and demand from Chugach Electric Association (CEA) and will change when there is an adjustment to CEA rates charged to the City of Seward. Effective January 1, 2012 and each January 1 thereafter, rates will be adjusted based on a five -year average of the cost of living as stated in the consumer price index, all items, 1982 -84 =100 for urban wage earners and City of Seward Electric Tariff (j E January 1, 2012 per Seward City Council Approval clerical workers, Anchorage, Alaska area, as published by the U.S. Department of Labor, Bureau of Labor Statistics. (NOTE: 1/1/2012 will utilize CPI Data from 2005- 2009). A Small General Service customer may elect to be billed under the large General Service schedule; however, the election to change the billing rate from one customer group to another may not be made more often than once every 12 months. Definitions And Miscellaneous Charges 1. CEA Fuel Adjustment: The fuel adjustment charge from Chugach Electric Association directly distributed to Seward Electric Utility customers prorated according to the number of kWh the customers consumed during the billing period. 2. Seward Fuel Adjustment: The cost of operating the standby generation plant, including fuel, labor, maintenance and repair when it exceeds the amount budgeted to date for the fiscal year. The cost will be prorated according to the number of kWh the customer consumed during the billing Period. 3. Special Contracts: Special contracts may be negotiated by the Utilities Manager with customers that have a demand in excess of 750 kW or that have unique power requirements that cannot be reasonably addressed by the large general service tariff. Special contracts may include, but are not limited to, provisions for instantaneous demand charges, time of service, interruptible power, minimum and maximum demand, adjustment of demand level, ownership and payment of new distribution facilities, termination charges and power factor. Special contracts must be approved by the City Council. 4. VAR Change (Power Factor Adjustment): All schedules requiring demand metering will be subject to the following power factor adjustment provisions: A: Demand - metered customer should attempt to maintain a unity power factor. If the power factor falls below ninety percent lagging, the customer will take corrective steps to return the power factor to ninety percent or higher. Also, the following charge for billed kilowatts will apply: City of Seward Electric Tariff (i ( 0 5 January 1, 2012 per Seward City Council Approval Monthly Billing Demand = Maximum Demand x 90% Actual Power Factor B: All power factor adjustment equipment installed by the customer must be approved by the city. Power factor can be determined by permanently installed monitoring equipment or by periodic testing at reasonable intervals, at the discretion of the City. 5. Standby Generation: the cost of operating the standby generation plant to meet a specific customer's need will be charged directly to that customer. Such cost will be the total cost of operating the plant, including fuel, labor, overtime, maintenance, repair and overhead, less the value of energy generated in excess of customer's need. 6. Other Miscellaneous Fees and Charges: Fees and charges for existing facilities follow on Page 4. Engineering service fees and charges for new facilities follow on Page 5. Fees on Pages 4 and 5 are listed according to service zones as follows: ZONE I Inside City Limits (excluding the Small Boat Harbor). ZONE II City limits to mile 12, Seward Highway, and all roads connecting to the highway within this area. ZONE III Mile 12 to Lawing. 7. APUC Regulatory Cost Charge: A special surcharge of $0.000626 /kWh imposed on electrical utilities by the Regulatory Commission of Alaska (RCA) in response to the state's intent to assess user fees to support activities of the RCA and departments. This charge was recommended by the RCA as a pass through charge to retail utilities customers. City of Seward Electric Tariff January 1, 2012 per Seward City Council Approval Service Zone I Zone II Zone III Meter Testing, per Test, When previous test occurred within the last 21 months results $60.64 $84.90 5109.15 determined meter is accurate $5.5.13 $77.18 $99.23 Reconnection to approved existing meter installation S24.26 $30.32 S36.39 $22.05 S27.56 S33.08 Reconnection to approved existing meter installation outside regular business hours $169'79 $206.17 $242.55 $151.35 $187.43 5220.50 New connection fee $181.92 $181.92 $181.92 $165.38 $165.38 P . ? Minimum Deposit - Residential Account 110.00 S110.00 $110.00 $100.00 $100.00 S100.00 Minimum Deposit - Commercial or $220.00 $220.00 $220.00 Industrial Account $200.00 $200.00 $200.00 Deposit - Interruptible, Off -Peak Account: The larger of twice the estimated monthly $220.00 $220.00 $220.00 bill OR $200.00 $2A0:00 5200.00 Tampering with or unauthorized breaking $606.38 $606.38 $606.38 of meter seal $551.25 $551.25 $551.25 Per Annum interest on delinquent account 10.50% 10.50% 10.50% Door Hanger Fee $28.75 $28.75 $28.75 $26.25 $26.25 $26.25 Monthly late fee on delinquent account $5.75 $5.75 $5.75 $5 $ ,25 $5,25 Dishonored check fee $40.50 $40.50 $40.50 $36.75 $36.75 $36.75 City of Seward Electric Tariff OE/ January 1, 2012 per Seward City Council Approval Reconnection during regular business hours following disconnection of delinquent $48.51 $60.64 $72.77 account $44-.14 $55.13 $66.15 Reconnection outside regular business hours following disconnection of $169.79 5206.17 $242.55 delinquent account $154.35 $187.43 '.: 1 r+ City of Seward Electric Tariff January 1, 2012 per Seward City Council Approval Service Zone I Zone II Zone III Temporary secondary service $60.64 $72.77 $84.90 $55.13 $66.15 $77.18 Primary Overhead Extensions (Residence) $60.64 $72.77 S84.90 $55.13 $66.15 $77.18 Primary Underground Extensions $60.64 $72.77 $84.90 (Residence) $55.13 $66.15 $77.18 Secondary service $60.64 $72.77 $84.90 $55.13 $66.15 $77.18 Primary Overhead extensions (Subdivision, $121.28 $145.53 S169.79 Mobile Home Park, Multi- Residence) $110.25 $132.30 $154.35 Primary Overhead Extensions (Commercial $24.55 $291.06 $315.32 & Industrial) $220.50 $264.60 $286.65 Primary Underground Extensions $242.55 $291.06 $315.32 (Commercial & Industrial) $220.50 $?4 68 $286.65 Modifications of Existing Facilities $121.28 $145.53 $169.79 $110.25 $132.30 $154.35 Street Lighting Systems and Yard Lights $60.64 $72.77 $84.90 $53, $66.15 $77.18 NOTE: The Zone Fee or Charge is non - refundable until the service is connected. If the service is constructed and connected, the charge will be adjusted to the actual coast of engineering services. See Page 2 -3 for description of Zones I, II and III. City of Seward Electric Tariff (.i `i January 1, 2012 per Seward City Council Approval City of Seward Electric Rates & Charges 20131- Rates for Electrical Power by Class of Service Class of Service Energy Charge Demand Charge Monthly Operations & Infrastructure Residential $0.11.436/k Wh N/A $1 9.10 $0.09901/kWh $16.51 Small General Service $0.13179 N/A $38.21 (Less than 25 kW) $0 11121/kWh $33.08 $0.094364 Large General Service $0.08181JkWh (1st $16.55 $38.21 200 kWh/kW) $11 .49/kW* $33.08 $0.056364-9-1 - (Additional kWh's) $8.59 (175 watts) Yard Lights N/A N/A $12.74 (250 watts) $-7744 (175 watts) $11.03 (250 watts) Street Lights $0.15546 N/A $38.21 $0.13171 * Demand Charges will be based on the maximum demand recorded over a 15- minute period. These rates are based, in part, on the cost of energy and demand from Chugach Electric Association (CEA) and will change when there is an adjustment to CEA rates charged to the City of Seward. Effective January 1, 2012 and each January 1 thereafter, rates will be adjusted based on a five -year average of the cost of living as stated in the consumer price index, all items, 1982 -84 =100 for urban wage earners and City of Seward Electric Tariff January 1, 2013 per Seward City Council Approval 100 clerical workers, Anchorage, Alaska area, as published by the U.S. Department of Labor, Bureau of Labor Statistics. (NOTE: 1/1/2012 will utilize CPI Data from 2005- 2009). A Small General Service customer may elect to be billed under the large General Service schedule; however, the election to change the billing rate from one customer group to another may not be made more often than once every 12 months. Definitions And Miscellaneous Charges 1. CEA Fuel Adjustment: The fuel adjustment charge from Chugach Electric Association directly distributed to Seward Electric Utility customers prorated according to the number of kWh the customers consumed during the billing period. 2. Seward Fuel Adjustment: The cost of operating the standby generation plant, including fuel, labor, maintenance and repair when it exceeds the amount budgeted to date for the fiscal year. The cost will be prorated according to the number of kWh the customer consumed during the billing Period. 3. Special Contracts: Special contracts may be negotiated by the Utilities Manager with customers that have a demand in excess of 750 kW or that have unique power requirements that cannot be reasonably addressed by the large general service tariff. Special contracts may include, but are not limited to, provisions for instantaneous demand charges, time of service, interruptible power, minimum and maximum demand, adjustment of demand level, ownership and payment of new distribution facilities, termination charges and power factor. Special contracts must be approved by the City Council. 4. VAR Change (Power Factor Adjustment): All schedules requiring demand metering will be subject to the following power factor adjustment provisions: A: Demand - metered customer should attempt to maintain a unity power factor. If the power factor falls below ninety percent lagging, the customer will take corrective steps to return the power factor to ninety percent or higher. Also, the following charge for billed kilowatts will apply: 1 r . City of Seward Electric Tariff January 1, 2013 per Seward City Council Approval Monthly Billing Demand = Maximum Demand x 90% Actual Power Factor B: All power factor adjustment equipment installed by the customer must be approved by the city. Power factor can be determined by permanently installed monitoring equipment or by periodic testing at reasonable intervals, at the discretion of the City. 5. Standby Generation: the cost of operating the standby generation plant to meet a specific customer's need will be charged directly to that customer. Such cost will be the total cost of operating the plant, including fuel, labor, overtime, maintenance, repair and overhead, less the value of energy generated in excess of customer's need. 6. Other Miscellaneous Fees and Charges: Fees and charges for existing facilities follow on Page 4. Engineering service fees and charges for new facilities follow on Page 5. Fees on Pages 4 and 5 are listed according to service zones as follows: ZONE I Inside City Limits (excluding the Small Boat Harbor). ZONE II City limits to mile 12, Seward Highway, and all roads connecting to the highway within this area. ZONE III Mile 12 to Lawing. 7. APUC Regulatory Cost Charge: A special surcharge of $0.000626 /kWh imposed on electrical utilities by the Regulatory Commission of Alaska (RCA) in response to the state's intent to assess user fees to support activities of the RCA and departments. This charge was recommended by the RCA as a pass through charge to retail utilities customers. City of Seward Electric Tariff 1 0 January 1, 2013 per Seward City Council Approval Service Zone I Zone II Zone III Meter Testing, per Test, When previous test occurred within the last 24 months results $63.67 $89.15 $1 14.61 determine meter is accurate $55.13 $77.18 $99.23 Reconnection to approved existing meter $25.47 $31.84 $38.21 installation $22.05 $27.56 $33.08 Reconnection to approved existing meter $178.28 S216.48 $254.68 installation outside regular business hours $154.35 $187,4-3 S220.50 New connection fee $191.02 $191.02 S191.02 $165.38 $165.38 $165.38 Minimum Deposit - Residential Account $115.50 $1 15.50 $115.50 $4-0070-, 0 $100.00 40070.0 Minimum Deposit - Commercial or $231.00 $231.00 $231.00 Industrial Account $200.00 $200.00 $200.00 Deposit - Interruptible, Off -Peak Account: $231.00 S231.00 $231.40 The larger of twice the estimated monthly $200.44 $200,00 S200.00 bill OR Tampering with or unauthorized breaking $636.70 $636.70 $636.70 of meter seal $551.25 $551.25 $551.25 Per Annum interest on delinquent account 10.50% 10.50% 10.50% Door Hanger Fee $30.50 $30.50 $30.50 $26.25 $26.25 $26.25 Monthly late fee on delinquent account $6.25 $6.25 $6.25 $5.25 $5,25 $ Dishonored check fee $42.50 $42.51) $42.50 $36.75 $36.75 $36.75 1. 3 City of Seward Electric Tariff January 1, 2013 per Seward City Council Approval Reconnection during regular business hours following disconnection of delinquent $50.94 $63.68 $76.41 account $44.10 $55.13 $66.15 Reconnection outside regular business hours following disconnection of $178.28 $216.48 $254.68 delinquent account $154.35 $187.43 $220.50 City of Seward Electric Tariff January 1, 2013 per Seward City Council Approval Service Zone I Zone II Zone III Temporary secondary service $63.67 $76.41 $89.15 $55.13 $66.15 $77.18 Primary Overhead Extensions (Residence) $63.67 $76.41 589.15 $55.13 $66.1 $77.18 Primary Underground Extensions (Residence) $63.67 $76.41 $89.15 $55.13 $66.15 $77.18 Secondary service $63.67 $76.41 $89.15 $55.13 $66.15 $77.18 Primary Overhead extensions (Subdivision, Mobile Home Park, Multi - Residence) $127. �4 $152.81 $178.2 8 $11 $1 $154.35 Primary Overhead Extensions (Commercial & Industrial) $254.68 $305.61 $331.09 $220.50 $264.6(} $286.65 Primary Underground Extensions (Commercial & Industrial) $254.68 $305.61 $3.31.09 $220.50 $264.60 $286.65 Modifications of Existing Facilities $127.34 $152.81 S178.28 $110.25 $132.30 S- 1-5-4- Street Lighting Systems and Yard Lights $63.67 $76.41 $89.15 $55.13 $66.15 S77.18 NOTE: The Zone Fee or Charge is non - refundable until the service is connected. If the service is constructed and connected, the charge will be adjusted to the actual coast of engineering services. See Page 2 -3 for description of Zones I, II and III. City of Seward Electric Tariff January 1, 2013 per Seward City Council Approval Sponsored by: Administration CITY OF SEWARD, ALASKA RESOLUTION 2011 -082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE PORT & HARBOR TARIFF REGULATIONS FOR 2012 AND 2013 WHEREAS, the Seward City will review all enterprise fund tariffs in preparation for drafting the 2012 and 2013 budgets; and WHEREAS, the City Administration has outlined critical capital replacement needs for the Seward Harbor and identified the required bond payments for 2012 and 2013; and WHEREAS, the proposed changes will not fund all capital replacement needs, however they will assist in covering the operating costs of the harbor and allow a higher percentage of the shared fisheries business tax to fund the Major Repair and Replacement Fund; 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 cost of providing services including operations and maintenance, overhead, system expansion, utilities, and charges for the use of capital facilities; and WHEREAS, the public has expressed the desire to simplify the electric rate structure by eliminating the connect fee and encompass all charges into the kilowatt hour charge and customer charge; and WHEREAS, 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. 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- 2012" are recommended for council adoption to become effective January 1, 2012. Section 2. The rates, fees, and charges incorporated herein by reference and attached hereto as "The Port and Harbor Tariff Regulations - 2013" are recommended for council adoption to become effective January 1, 2013 CITY OF SEWARD, ALASKA RESOLUTION 2011 -082 PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this day of 14 day of November, 2011. THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) 1 L' Council Agenda Statement Meeting Date: October 24, 2011 f ` 4of s t$1 9 � From: Norman Regis, Deputy Harbormaster Agenda Item: Changes to the 2012 Port & Harbor Tariff Regulations, '�tASwP affecting 2012 -2013 Harbor Enterprise Fund Budget BACKGROUND & JUSTIFICATION: Public meetings were held on June 6th and July 6 presenting the Capital needs of the Harbor Enterprise Fund. These meetings outlined capital requirements including the replacement of D float, maintenance dredging, and maintaining used oil stations. At the end of these presentations, a listing of Administration's recommendations were provided to address changes in the Port and Harbor Tariff Regulations affecting the 2012 -2013 Budget. A summary of these recommendations is listed below. Recommendations for changes to the Port & Harbor Tariff: Continue to link Tenant /Slip- Holder moorage rates to estimated CPI • 2012 = 2.86% increase • 2013 = 2.6% increase Increase the Transient /Guest Moorage Rates by 10% • Would generate $40,000 - $50,000 additional revenue • Rates would be less than Homer, Whittier, Valdez, Cordova • 2012 rates = $0.66 per foot per day • 2013 rates = $0.68 per foot per day Eliminate Quarterly Rates Moorage Rates available for Annual, Semi - Annual, Monthly or Daily timeframes. Eliminate Miscellaneous Electric Charges for Reconnection Eliminate reconnection to approved existing meter installation during regular business hours and/or outside regular business hours. Subsection 225 (a)(2)(i) Restructure Harbor Electric Fees Establish a per kilowatt hour charge that would include the fuel adjustment factor and revenue formerly generated by connect fees, so these are not additional fees that must be charged. All vessels (except Transient staying 15 days or less) will pay a per kilowatt hour charge as established in the Tariff and a monthly customer charge. Subsection 225 (a)(2)(i) SMIC Electric Charges $15.75 Customer Charge does not cover fees charged by the Electric Department. This fee should be increased to $35.00. Subsection225 (a) (3) (iii) 0 1. 3 INTENT: To establish rates for the 2012 -2013 Port & Harbor Tariff Regulations. 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) No 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 proposed 10% increase in transient (guest) moorage rates will provide an additional $40,000 to $50,000 in revenue on an annual basis. The elimination of connection fees for electricity will be recovered through the kilowatt hour charges. The Seward Marine Industrial Center customer charge for electricity must be increased in order to discontinue monthly losses in electric revenues, and recover the rates charged by the electric department. Approved by Finance Department: ,a ,,z::.4Z� ATTORNEY REVIEW: Yes No OC RECOMMENDATION: r City Council approve Resolution 2011 -�� approving the Port & Harbor Tariff Regulations for 2012 and 2013. 1 9 SEWARD SMALL BOAT HARBOR 2012 TENANT MOORAGE RATES * DAILY MOORAGE FOR TENANTS IS @ 60c PER FOOT PLUS 7% SALES TAX DISCOUNTED MOORAGE RATES ARE BASED ON CALENDAR MONTHS AND MUST BE PAID IN ADVANCE per ft ANNUAL per ft SEMI per ft MONTH LENGTH $45.10 TAX CRR TOTAL $27.06 TAX CRR TOTAL $8.12 TAX CRR TOTAL 13 $586.30 41.04 60.00 $687.34 351.78 24.62 30.00 $406.40 105.56 7.39 5.00 $117:95 14 $631.40 44.20 60.00 $735.60 378.84 26.52 30.00 $435.36 113.68 7.96 5.00 $126.64 15 $676.50 47.36 60.00 $783.86 405.90 28.41 30.00 $464.31 121.80 8.53 5.00 $135.33 16 $721.60 50.51 60.00 $832.11 432.96 30.31 30.00 $493.27 129.92 9.09 5.00 $144.01 17 $766.70 53.67 60.00 $880.37 460.02 32.20 30.00 $522.22 138.04 9.66 5.00 $152.70 18 $811.80 56.83 60.00 $928.63 487.08 34.10 30.00 $551.18 146.16 10.23 5.00 $161.39 19 $856.90 59.98 60.00 $976.88' 514.14 35.99 30.00 $580.13 154.28 10.80 5.00 $170.08 20 $902.00 63.14 60.00 $1,025.14 541.20 37.88 30.00 $609.08 162.40 11.37 5.00 $178.77 21 $947.10 66.30 60.00 $1,073.40' 568.26 39.78 30.00 $638.04' 170.52 11.94 5.00 $187.46 22 $992.20 69.45 120.00 $1,181;65' 595.32 41.67 60.00 $696.99 178.64 12.50 10.00 $201.14' 23 $1,037.30 72.61 120.00 $1,229.91;' 622.38 43.57 60.00 $725.95! 186.76 13.07 10.00 $209.83 24 $1,082.40 75.77 120.00 i$1,278.17 649.44 45.46 60.00 $754.90' 194.88 13.64 10.00 ;$218.52 25 $1,127.50 78.93 120.00 $1,326.43 676.50 47.36 60.00 $783.86 203.00 14.21 10.00 $227.21 26 $1,172.60 82.08 120.00 $1,374.68' 703.56 49.25 60.00 $812.81 211.12 14.78 10.00 $235:90 27 $1,217.70 85.24 120.00 $1,422.94 730.62 51.14 60.00 $841:76' 219.24 _ 15.35 10.00 $244.59 28 $1,262.80 88.40 120.00 $1,471:20; 757.68 53.04 60.00 $870.72 227.36 15.92 10.00 $253.28 29 $1,307.90 91.55 120.00 $1,519.45 784.74 54.93 60.00 $899.67 235.48 16.48 10.00 $261.96 30 $1,353.00 94.71 120.00 $1,567.71 811.80 56.83 60.00 $928.63 243.60 17.05 10.00 $270.65 31 $1,398.10 97.87 120.00 '$1,615.97 838.86 58.72 60.00 $957.58 251.72 17.62 10.00 $279.34 32 $1,443.20 101.02 120.00 $1,664.22 865.92 60.61 60.00 $986.53 259.84 18.19 10.00 $288.03 33 $1,488.30 104.18 120.00 $1,712.48 892.98 62.51 60.00 $1,015.49' 267.96 18.76 10.00 $296.72 34 $1,533.40 107.34 120.00 ;$1,760.74' 920.04 64.40 60.00 '$1,044;44' 276.08 19.33 10.00 $305.41 35 $1,578.50 110.50 120.00 $1,809.00 947.10 66.30 60.00 $1,073.40 284.20 19.89 10.00 $314.09 36 $1,623.60 113.65 120.00 $1,857.25 974.16 68.19 60.00 $1,102.35 292.32 20.46 10.00 $322.78 37 $1,668.70 116.81 120.00 $1,905.51 1,001.22 70.09 60.00 $1,131.31 300.44 21.03 10.00 $331.47 38 $1,713.80 119.97 120.00 $1,953.77 1,028.28 71.98 60.00 $1,160.26` 308.56 21.60 10.00 $340.16 39 $1,758.90 123.12 120.00 $2,002.02 1,055.34 73.87 60.00 $1,189.21 316.68 22.17 10.00 $348.85 40 $1,804.00 126.28 120.00 $2,050.28 1,082.40 75.77 60.00 $1,218.17, 324.80 22.74 10.00 $357.54 41 $1,849.10 129.44 120.00 $2,098.54 1,109.46 77.66 60.00 $1,247.12 332.92 23.30 10.00 $366.22 42 $1,894.20 132.59 120.00 $2,146.79 1,136.52 79.56 60.00 $1,276.08' 341.04 23.87 10.00 $374.91 43 $1,939.30 135.75 120.00 $2,195.05 1,163.58 81.45 60.00 $1,305.03 349.16 24.44 10.00 $383.60 44 $1,984.40 138.91 120.00 $2,243.31 1,190.64 83.34 60.00 $1,333.98 357.28 25.01 10.00 $392.29 45 $2,029.50 142.07 180.00 $2,351.57 1,217.70 85.24 90.00 $1,392.94 365.40 25.58 15.00 $405.98 46 $2,074.60 145.22 180.00 $2,399.82 1,244.76 87.13 90.00 $1,421.89 373.52 26.15 15.00 $414.67 47 $2,119.70 148.38 180.00 $2,448.08 1,271.82 89.03 90.00 $1,450.85^ 381.64 26.71 15.00 $423.35 48 $2,164.80 151.54 180.00 $2,496.34 1,298.88 90.92 90.00 $1,479.80 389.76 27.28 15.00 $432.04 49 $2,209.90 154.69 180.00 $2,544.59 1,325.94 92.82 90.00 $1,508.76 397.88 27.85 15.00 $440.73 50 $2,255.00 157.85 180.00 $2,592.85 1,353.00 94.71 90.00 $1,537.71 406.00 28.42 15.00 $449.42 � - f 2012 TENANT Rates 2012 TENANT MOORAGE RATES DISCOUNTED MOORAGE RATES ARE BASED ON CALENDAR MONTHS AND MUST BE PAID IN ADVANCE per ft ANNUAL per ft SEMI per ft MONTH LENGTH $45.10 TAX CRR TOTAL $27.06 TAX CRR TOTAL $8.12 TAX TOTAL 51 2,300.10 161.01 180.00 $2,641.11 1,380.06 96.60 90.00 $1,566.66 414.12 28.99 15.00 $458.11 52 2,345.20 164.16 180.00 $2,689.36 1,407.12 98.50 90.00 $1,595.62 422.24 29.56 15.00 ! $466.80 53 2,390.30 167.32 180.00 $2,737.62 1,434.18 100.39 90.00 $1,624.57` 430.36 30.13 15.00 $475.49 54 2,435.40 170.48 180.00 $2,785.88 1,461.24 102.29 90,00 $1,653.53 438.48 30.69 15.00 $484.17 55 2,480.50 173.64 180.00 $2,834.14 1,488.30 104.18 90.00 $1,682.48 446.60 31.26 15.00 $492.86' 56 2,525.60 176.79 180.00 $2,882.391 1,515.36 106.08 90.00 $1,711.44r 454.72 31.83 15.00 $501.55 57 2,570.70 179.95 180.00 $2,930:65 1,542.42 107.97 90.00 $1;740.39` 462.84 32.40 15.00 $510.24 58 2,615.80 183.11 180.00 $2,978.91 1,569.48 109.86 90.00 $1,769.34 470.96 32.97 15.00 $518.93 59 2,660.90 186.26 180.00 $3,027.16 1,596.54 111.76 90.00 $1,798.30 479.08 33.54 15.00 $527.62 60 2,706.00 189.42 180.00 $3,075.42; 1,623.60 113.65 90.00 $1,827.25 487.20 34.10 15.00 $536.30 61 2,751.10 192.58 180.00 $3,123.68 1,650.66 115.55 90.00 $1,856.21 495.32 34.67 15.00 $544.99 62 2,796.20 195.73 180.00 $3,171.93 1,677.72 117.44 90.00 $1,885.16 503.44 35.00 15.00 $553.44 63 2,841.30 198.89 180.00 $3,220:19 1,704.78 119.33 90.00 $1,914.11 511.56 35.00 15.00 $561.56 64 2,886.40 202.05 180.00 $3,268:45' 1,731.84 121.23 90.00 $1,943.07; 519.68 35.00 15.00 $569.68' 65 2,931.50 205.21 180.00 $3,316.71 1,758.90 123.12 90.00 $1,972.02 527.80 35.00 15.00 $577.80 66 2,976.60 208.36 180.00 $3,364,96; 1,785.96 125.02 90.00 $2,000,98 535.92 35.00 15.00 $585.92 67 3,021.70 211.52 180.00 $3,413.22 1,813.02 126.91 90.00 $2,029.93 544.04 35.00 15.00 $594.04 68 3,066.80 214.68 180.00 '$3,461.48 1,840.08 128.81 90.00 $2,058.89 552.16 35.00 15.00 $602.16 69 3,111.90 217.83 180.00 $3,509.73' 1,867.14 130.70 90.00 $2,087.84? 560.28 35.00 15.00 $610.28 70 3,157.00 220.99 180.00 $3,557.99. 1,894.20 132.59 90.00 $2,116.79' 568.40 35.00 15.00 $618:40 71 3,202.10 224.15 180.00 '$3,606.25 1,921.26 134.49 90.00 $2,1.45.75 576.52 35.00 15.00 $626.52 72 3,247.20 227.30 180.00 $3,654:50' 1,948.32 136.38 90.00 $2,174.70 584.64 35.00 15.00 $634:64 73 3,292.30 230.46 180.00 $3,702.76 i 1,975.38 138.28 90.00 $2,203;66 592.76 35.00 15.00 $642.76 74 3,337.40 233.62 180.00 $3,751.02. 2,002.44 140.17 90.00 $2,232.61 600.88 35.00 15.00 $650.88 75 3,382.50 236.78 180.00 $3,799.28. 2,029.50 142.07 90.00 $2,26t57 609.00 35.00 15.00 $659.00 76 3,427.60 239.93 180.00 $3,847.53 2,056.56 143.96 90.00 $2,290.52 617.12 35.00 15.00 $667.12 77 3,472.70 243.09 180.00 $3,895.79 2,083.62 145.85 90.00 $2,319.47 625.24 35.00 15.00 $675.24 78 3,517.80 246.25 180.00 $3,944.05 2,110.68 147.75 90.00 $2,348.43 633.36 35.00 15.00 $683.36 79 3,562.90 249.40 180.00 $3,992.30 2,137.74 149.64 90.00 $2,377.38 641.48 35.00 15.00 $691.48 80 3,608.00 252.56 240.00 $4,100.56 2,164.80 151.54 120.00 $2,436.34 i 649.60 35.00 20.00 $704.60 81 3,653.10 255.72 240.00 $4,148.82 2,191.86 153.43 120.00 $2,465.29 657.72 35.00 20.00 $712.72 82 3,698.20 258.87 240.00 $4,197.07 2,218.92 155.32 120.00 $2,494.24 665.84 35.00 20.00 $720.84 83 3,743.30 262.03 240.00 $4,245.33 2,245.98 157.22 120.00 $2,523.20 673.96 35.00 20.00 $728.96 84 3,788.40 265.19 240.00 $4,293.59 2,273.04 159.11 120.00 $2,552.15 682.08 35.00 20.00 $737.08 85 3,833.50 268.35 240.00 $4,341.85 2,300.10 161.01 120.00 $2,581.11 690.20 35.00 20.00 $745.20 86 3,878.60 271.50 240.00 $4,390.10 2,327.16 162.90 120.00 $2,610.06 698.32 35.00 20.00 $753.32 87 3,923.70 274.66 240.00 $4,438.36 2,354.22 164.80 120.00 $2,639.02 706.44 35.00 20.00 $761.44 88 3,968.80 277.82 240.00 $4,486.62' 2,381.28 166.69 120.00 $2,667.97; 714.56 35.00 20.00 $769.56 89 4,013.90 280.97 240.00 $4,534.87 2,408.34 168.58 120.00 $2,696.92 722.68 35.00 20.00 $777.68 90 4,059.00 284.13 240.00 $4,583.13 2,435.40 170.48 120.00 $2,725.88 730.80 35.00 20.00 $785.80 91 4,104.10 287.29 240.00 $4,631.39 2,462.46 172.37 120.00 $2,754.83 738.92 35.00 20.00 $793.92 92 4,149.20 290.44 240.00 $4,679.64 2,489.52 174.27 120.00 $2,783.79 747.04 35.00 20.00 $802.04 93 4,194.30 293.60 240.00 $4,727.90 2,516.58 176.16 120.00 $2,812.74 755.16 35.00 20.00 $810.16 94 4,239.40 296.76 240.00 $4,776.16 2,543.64 178.05 120.00 $2,841.69 763.28 35.00 20.00 $818.28 95 4,284.50 299.92 240.00 $4,824.42 2,570.70 179.95 120.00 $2,870.65 771.40 35.00 20.00 $826.40 96 4,329.60 303.07 240.00 $4,872.67 2,597.76 181.84 120.00 $2,899.60 779.52 35.00 20.00 $834.52 97 4,374.70 306.23 240.00 $4,920.93 2,624.82 183.74 120.00 $2,928.56 787.64 35.00 20.00 $842.64 98 4,419.80 309.39 240.00 $4,969.19 2,651.88 185.63 120.00 $2,957.51 795.76 35.00 20.00 $850.76 99 4,464.90 312.54 240.00 $5,017.44 2,678.94 187.53 120.00 $2,986.47 803.88 35.00 20.00 $858.88 100 4,510.00 315.70 240.00 $5,065.70 2 706.00 189.42 120.00 $3,015.42 812.00 35.00 20.00 $867.00 - 2012 TENANT Rates 1 4 2012 SEWARD SMALL BOAT HARBOR TRANSIENT RATES DAILY TRANSIENT MOORAGE @ 66c PER FOOT PLUS 7% SALES TAX DISCOUNTED MOORAGE RATES ARE BASED ON CALENDAR MONTHS AND MUST BE PAID IN ADVANCE per ft IANNUAL per ft +i SEMI " MONTH �' �"� r per ft LENGTH $49.61 TAX CRR TOTAL $29.77 TAX CRR EF TOTAL $8.93 TAX ':iJ„IFKT,OTAL., :; 13 $644.93 45.15 60.00 ra,23150.10EC 386.96 27.09 30.00 %$444051 1 16.12 8.13 5.00 '� 1 x g $139 84 14 $694.54 48.62 60.00 .$803 16� 416.72 29.17 30.00 s�`,� � r�$475 89' 125.05 8.75 5.00 c $138 80> 15 $744.15 52.09 60.00 wielso6y244 446.49 31.25 30.00 '` 4 4 ,$507.741 133.98 9.38 5.00 16 $793.76 55.56 60.00 8909.32'. 476.26 33.34 30.00 fat:Mti$539 59,E 142.91 10.00 5.00 $157.92: 17 $843.37 59.04 60.00 e x$962.41: 506.02 35.42 30.00 3, _. x$57144 151.84 10.63 5.00 ,6 , . $167 . 47 ` ; 18 $892.98 62.51 60.00 at 31,015.49; 535.79 37.51 30.00 ': „' ; $603 291 1 60.78 11.25 5.00 ;' x:,1$177.03% 19 $942.59 65.98 60.00 $1,068 571 565.55 39.59 30.00 „ _t $635 14 169.71 11.88 5.00 N2:921186.59 20 $992.20 69.45 60.00 $1120651 595.32 41.67 30.00 € $666`999 178.64 12.50 5.00 . r„ $1;96°.1 21 $1,041.81 72.93 60.00 ;$1 ,174.74 625.09 43.76 30.00 . t3698.84.! 187.57 13.13 5.00 $205 70='. 22 $1,091.42 76.40 120.00 074028730Z 654.85 45.84 60.00 I' % $760:69 196.50 13.76 10.00 : ;4220.26' 23 $1,141.03 79.87 120.00 A' $1,340.90„ 684.62 47.92 60.00 tria$79.21W 205.44 14.38 10.00 24 $1,190.64 83.34 120.00 f ,$1,3,01081 714.38 50.01 60.00 112110z4i3V 214.37 15.01 10.00 'm$. , $239.37 25 $1,240.25 86.82 120.00 .$1;,4470,7, 744.15 52.09 60.00 tr, : 18.56.24 2 23.30 15.63 10.00 . .$248 93> 26 $1,289.86 90.29 120.00 0.601115:001,51 773.92 54.17 60.00 kwintatMg 232.23 16.26 10.00 ; "nlint$258.49's 27 $1,339.47 93.76 120.00 SIOS455 803.68 56.26 60.00 R k.20$919.94 241.16 16.88 10.00 R "" $`268 05 28 $1,389.08 97.24 120.00 e` 'x $1, 606`321 833.45 58.34 60.00 iMl$9,507,91 250.10 17.51 10.00 M '. $277.60 29 $1,438.69 100.71 120.00 7143111705914M 863.21 60.42 60.00 $983 6I? 259.03 18.13 10.00 4 ;$287 16 30 $1,488.30 104.18 120.00 knT$1ftt12.48; 892.98 62.51 60.00 Waismatiol. 267.96 18.76 10.00 .. rz$296 72 31 $1,537.91 107.65 120.00 $1 765,56 922.75 64.59 60.00 0110roa7A0 276.89 19.38 10.00 ZiSS ,$306 27m= 32 $1,587.52 111.13 120.00 a'`li$t1;,818 651 952.51 66.68 60.00 t$1,0791.9,::; 285.82 20.01 10.00 s' W_$315.837 33 $1,637.13 114.60 120.00 mrstazom 982.28 68.76 60.00 <$1,1!1 044 294.76 20.63 10.00 ;> x$325.39: 34 $1,686.74 118.07 120.00 42302011 1,012.04 70.84 60.00 Kt 31,142.69- 303.69 21.26 10.00 '" $334.95: 35 $1,736.35 121.54 120.00 $1,977 89,E 1,041.81 72.93 60.00 TM x.,$1;174 74 312.62 21.88 10.00 ;'r, ., ,$344.50:. 36 $1,785.96 125.02 120.00 , $2 030.98, 1,071.58 75.01 60.00 144.V$112Cffk.593 321.55 22.51 10.00 $354. 37 $1,835.57 128.49 120.00 tztiii$216849W 1,101.34 77.09 60.00 v.1, $1,238 44y 330.48 23.13 10.00 . ` ° r.,_$363.62i? 38 $1,885.18 131.96 120.00 `41x$2,13714. 1,131.11 79.18 60.00 4 29 339.42 23.76 10.00 = $37318:. 39 $1,934.79 135.44 120.00 , 1 $2,190 23 1,160.87 81.26 60.00 a6411$1;'302.141 348.35 24.38 10.00 ., _ s P ,$382.73:. 40 $1,984.40 138.91 120.00 01.32424 1,190.64 83.34 60.00 OfilfalVII.S19t 3 57.28 25.01 10.00 41 $2,034.01 142.38 120.00 ;$2,296.391 1,220.41 85.43 60.00 r" e31,365.834 366.21 25.63 10.00 4,:=1 .,$401 42 $2,083.62 145.85 120.00 "` $2 349.47 1,250.17 87.51 60.00 >1 „ $1;397.x68 375.14 26.26 10.00 1: $4;11 40.r 43 $2,133.23 149.33 120.00 .4013440:5131 1,279.94 89.60 60.00 g ,t 31,429 384.08 26.89 10 00 x$420.96 ^' 44 $2,182.84 152.80 120.00 4,., -,$2',45564 1,309.70 91.68 60.00 ;f x,_$.1,461.38; 393.01 27.51 10.00 >. _ n$430.52= ' 45 $2,232.45 156.27 180.00 4.$2 568721 1,339.47 93.76 90.00 °3 ;I$1 5,23.23' 401.94 28.14 15.00 .•r ,.,$445.08 =- 46 $2,282.06 159.74 180.00 ; ; $2 621.80 1,369.24 95.85 90.00 M'."" $1,555 0.81: 410.87 28.76 15.00 . $454.63 47 $2,331.67 163.22 180.00 a "$2,674 891 1,399.00 97.93 90.00 Val.:. $1',586.9.31 419.80 29.39 15.00 . < . ,e$464.19 48 $2,381.28 166.69 180.00 `,'" $2 r727.977f 1,428.77 100.01 90.00 E „ ,$ ,61,8 78 428.74 30.01 15.00 '::4g.:%4473;75' ,,, $473.75 49 $2,430.89 170.16 180.00 g t 1$2,781 1 05 1,458.53 102.10 _ 90.00 Vq r $1,650 63? 437.67 30.64 15.00 Nt ;$483.30;; 50 $2,480.50 173.64 180.00 , ..,1$2,83414 1,488.30 _ 104.18 90 00 �. 4,41,682.'48 = 446.60 31.26 _ 15.002 , ,,,;$492.86:. L1 2012 TRANSIENT Rates 2012 SEWARD SMALL BOAT HARBOR DAILY TRANSIENT MOORAGE @ 66c PER FOOT PLUS 7% SALES TAX DISCOUNTED MOORAGE RATES ARE BASED ON CALENDAR MONTHS AND MUST BE PAID IN ADVANCE t v . per ft AWANNLIALM per ft VsEMUSVA per ft MONTH LENGTH $49.61 TAX CRR *a TOTAL i� $29.77 TAX CRR M,,o TOTAL „ $8.93 TAX , ITOTAL eimmo ^ 7^.x`0 `.`''`t se S 51 2,530.11 177,11 180.00 a $2887 22 1,518.07 106.26 90.00 ail $10X44:3; 455.53 31.89 15.00 ,:,'„ :$502.42 52 2,579.72 180.58 180.00 aS32,940.30; 1,547.83 108.35 90.00 M $1 7-46 ;1:81 464.46 32.51 15.00 - W. $511 98? 53 2,629.33 184.05 180.00 eiglit2109.3i301 1,577.60 110.43 90.00 $1; +7,78 103 473.40 33.14 15.00 $521 53`5 54 2,678.94 187.53 180.00 7 VSA3Rt4t.r4,7i 1,607.36 112.52 90.00 f .I$1809 7 8,88 482.33 33.76 15.00 3531.09F 55 2,728.55 191.00 180.00 M$3,099155,u 1,637.13 114.60 90.00 ' = $1;:841, 73 491.26 34.39 15.00 ' `$540 65r 56 2,778.16 194.47 180.00 $3,152 63 1,666.90 116.68 90.00 flatsm87050i 500.19 35.00 15.0031$ 55019 57 2,827.77 197.94 180.00 'filt:03,205.71t 1,696.66 118.77 90.00 ,,, " $1 905.43 509.12 35.00 15.00 71. , .$559.12 58 2,877.38 201.42 180.00 33,258.601 1,726.43 120.85 90.00 .#311:937 518.06 35.00 15.00 T t ,',$568 0,6? 59 2,926.99 204.89 180.00 $3,3211.88 1,756.19 122.93 90.00 ogiV$1,19,86;ali 526.99 35.00 15.00 '; 5 .x$576 9.9x 60 2,976.60 208.36 180.00 ,ntli,t3t301061 1,785.96 125.02 90.00 x $2 000 98x 535.92 35.00 15.00 : x.,,,,,$585 92Z 61 3,026.21 211.83 180.00 ` =`x;$3,418 04# 1,815.73 127.10 90.00 ;,,f' , $2,032.83 544.85 35.00 15.00 $594 85 62 3,075.82 215.31 180.00 , 33,471.13. 1,845.49 129.18 90.00 r. ;$2 0.64 68l 553.78 35.00 15.00 ,,, $603 78'; 63 3,125.43 218.78 180.00 i $3 524.21/ 1,875.26 131.27 90.00 griff32096101 562.72 35.00 15.00 -? t, ,$612 72 64 3,175.04 222.25 180.00 x" ,,$3,577.291 1,905.02 133.35 90.00 rx „ x .$2,128 38 571.65 35.00 15.00 „ s.. , $621 65: 65 3,224.65 225.73 180.00 .$3,630.38; 1,934.79 135.44 90.00 ` tt$2:160.23 580.58 35.00 15.00 ` a`.__$630.5c 66 3,274.26 229.20 180.00 4$3,683 461 1,964.56 137.52 90.00 x r x$2,.192 07 589.51 35.00 15.00 k itA 67 3,323.87 232.67 180.00 ri33,736 54 1,994.32 139.60 90.00 ,V32,223.92 598.44 35.00 15.00 ." ,$64844: 68 3,373.48 236.14 180.00 $.3,789r62`r 2,024.09 141.69 90.00 f4$2,255 77 607.38 35.00 15.00 $657 38 69 3,423.09 239.62 180.00 t # +71' 2,053.85 143.77 90.00 , $2 287.62 616.31 35.00 15.00 s M $666 31 70 3,472.70 243.09 180.00 mt.X0r8961g1 2,083.62 145.85 90.00 ' , ,$2 319 47;; 625.24 35.00 15.00 ^' _ ,.;$675.24r 71 3,522.31 246.56 180.00 $ :;'$3;948 °87 2,113.39 147.94 90.00 'r : ,$2 351.32'. 634.17 35.00 15.00 468417- 72 3,571.92 250.03 180.00 ,t" $4 001.95 2,143.15 150.02 90.00 ' ,"g$2 38,3 f1-7- 643.10 35.00 15.00 f6241:489131:10;.. 73 3,621.53 253.51 180.00 x4$4,055.041 2,172.92 152.10 90.00 Mli$2141$3i,Z 652.04 35.00 15.00 a , a , , $702 :04- 74 3,671.14 256.98 180.00 tStifitiMtkez 2,202.68 154.19 90.00 �,i°'$2 446T877 660.97 35.00 15.00 .$710 97 75 3,720.75 260.45 180.00 ```l$4 161 20o 2,232.45 156.27 90.00 x'02478.725- 669.90 35.00 15.00 . " tt$7„19 90 76 3,770.36 263.93 180.00 thili$4 21429' 2,262.22 158.36 90.00 `$2 5,1,0 57 678.83 35.00 15.00 04::: $728.83: 77 3,819.97 267.40 180.00 -a' $4;267, 37 2,291.98 160.44 90.00 gg' 2;54242 687.76 35.00 15.00 .' 14 03737,.76J 78 3,869.58 270.87 180.00 "x$4,320,451 2,321.75 162.52 90.00 M.32157:4127i 696.70 35.00 15.00 * ` $746 70 79 3,919.19 274.34 180.00 , 1; x$4,373.5.3 2,351.51 164.61 90.00 pi:',ultzsosaz 705.63 35.00 15.00. Y,, $755.63 % 80 3,968.80 277.82 240.00 itgriowsolt 2,381.28 166.69 120.00 ,,,,ii $2'667 9.7, 714.56 35.00 20.00 fi- ,$769:56. 81 4,018.41 281.29 240.00 81 2,411.05 168.77 120.00 dr . , $2699 82 723.49 35.00 20.00 $778 49 82 4,068.02 284.76 240.00 Eff,151$094748.1 2,440.81 170.86 120.00 nItil4.7 732.42 35.00 20.00 =` :3787 42: 83 4,117.63 288.23 240.00 $4 645.861 2,470.58 172.94 120.00 r� i $2763.52 741.36 35.00 20.00 wr $796 36 84 4,167.24 291.71 240.00 '1'.k03:4698119.52 2,500.34 175.02 120.00 SA€ ` $2795 377 750.29 35.00 20.00 „ x°$805 29 : :: 85 4,216.85 295.18 240.00 $4,752 03p 2,530.11 177.11 120.00 - ,$2,827 22 759.22 35.00 20.00 IV 0 ; 86 4,266.46 298.65 240.00 ,,,,.,, ±$4,805 11 5 2,559.88 179.19 120.00 ,.$2,859 07 768.15 35.00 20.00 •.; 1 ,4 s$823.15 87 4,316.07 302.12 240.00 r : $4,858 191 2,589.64 181.27 120.00 ° „ x$2,890 777.08 35.00 20.00 $832 08 88 4,365.68 305.60 240.00 r $4,9.11.28. 2,619.41 183.36 120.00 ` x$2,922`77= 786.02 35.00 20.00 ..`, .$841:`02' 89 4,415.29 309.07 240.00 $4;964361 2,649.17 185.44 120.00 142,954 62 794.95 35.00 20.00 '� , 90 4,464.90 312.54 240.00 035;017.44 2,678.94 187.53 120.00 Y . ,;.$2986 47,; 803.88 35.00 20.00 s ,.4 = $858.88' 91 4,514.51 316.02 240.00 x4$5,070 5.3,' 2,708.71 189.61 120.00 n $3018.32 812.81 35.00 20.00 :wa`. , $$67 :81 92 4,564.12 319.49 240.00 4.5423 2,738.47 191.69 120.00 r , °$3,050.17' 821.74 35.00 20.00 . x:;$876.74` 93 4,613.73 322.96 240.00 ..,$5;"1x76 69.r 2,768.24 193.78 120.00 .$3,082 01 830.68 35.00 20.00 '#..), .. $8.85.68-, 94 4,663.34 326.43 240.00 W.0145122917,71 2,798.00 195.86 120.00 .,,.,.$3,113 861 839.61 35.00 20.00 ;, x,.$894 61 95 4,712.95 329.91 240.00 , ,,.$5;282 86 2,827.77 197.94 120.00 . ,°$3,145 =71, 848.54 35.00 20.00 z: ;$903:54:' 96 4,762.56 333.38 240.00 $5,335 941 2,857.54 200.03 120.00 ,$3,177.56 857.47 35.00 20.00 "'-T.. ;;$912 47,4 97 4,812.17 336.85 _ 240.00 „$5;389 U2; 2,887.30 202.11 120.00 $3;209 41 866.40 35.00 20.00 : '' , , ..,,.$921 40`: 98 4,861.78 340.32 240.00 $5,442 10 2,917.07 204.19 120.00 'A'.. `,, . „,$3,241 26li 875.34 35.00 20.00 99 4,911.39 343.80 240.00 , .,,,,$5;495 19 2,946.83 206.28 120.00 $3,273 11 884.27 35.00 20.00 100 4,961.00 347.27 240.00 :$5;548.27w�- 2,976.60 208.36 _ 120.00 „,''$3,304.96: 893.20 35.00 20.00 ? : °$948.20:' Y �3 2012 TRANSIENT Rates PORT AND HARBOR TARIFF REGULATIONS - 2012 RULES, RATES, CHARGES AND REGULATIONS FOR PORT AND HARBOR FACILITIES CITY OF SEWARD, ALASKA SEWARD BOAT HARBOR, SEWARD MARINE CENTER AND SHIP LIFT SYSTEM 4 of sett, / C 4 1 *.Z4A 4 4ASM•P CITY OF SEWARD P.O. BOX 167 SEWARD, AK 99664 Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 2011, Effective January 1, 2012 1 / 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 3 (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 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 (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: August 3, 2011, Effective January 1, 2012 ii 5 145 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 II - SERVICES AND CHARGES 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) Moorage Rates for Slip Assignments 13 (e) Float Plane Fees 14 210 DOCKAGE 14 (a) Dockage Period 14 (b) Basis for Computing Charges 15 (c) Vessels Docked to Repair, Shore, Outfit or Fumigate 15 (d) Preference to Reserved Dock Use 15 (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 17 215 DOCKAGE RATES 17 (a) Daily Dockage Rate 17 (b) Monthly Dockage Rate 17 220 HANDLING, LOADING AND UNLOADING 18 Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 2011, Effective January 1, 2012 iii 1 A j 225 LABOR AND SERVICE CHARGES 18 (a) Specific Services 18 (b) Labor /Personnel 19 (c) Equipment 19 (d) Special Services 20 (e) Miscellaneous Charges 20 230 PASSENGER FEES 20 (a) Fee 20 (b) Filing of Forms and Payment 21 231 CAPITAL RENEWAL AND REPLACEMENT FEE 21 235 ASSISTANCE TO BOATERS AND OTHER AGENCIES 21 240 BOAT LAUNCH RAMP FEES 21 (a) Operating Policy 21 (b) Launch Fees 22 245 PUBLIC SHOWERS 22 250 50 -TON TRAVELIFT 22 (a) Operating Policy 22 (b) Boat Lift Agreement 22 (c) Responsibilities 22 (d) Dockside Lay Time 23 255 50 -TON TRAVELIFT FEES 23 (a) Description of Charge 23 (b) Lift Fee 23 260 250 -TON TRAVELIFT 23 (a) Operating Policy 23 (b) Boat Lift Agreement 23 (c) Responsibilities 24 (d) Dockside Lay Time 24 265 250 -TON TRAVELIFT FEES 24 (a) Description of Charge 24 (b) Lift Fee 24 270 SHIPLIFT FEE 25 (a) Description of Charge 25 (b) Lift Fee 25 (c) Basis for Computing Charges 25 (d) Preference to Reserved Use 25 (e) Berth May be Granted Before Payment 26 Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 2011, Effective January 1, 2012 iv ...x (f) Inspection of Vessels on the Shiplift Platform 26 (g) Repairs to Vessels on the Shiplift System 26 (h) Notice of Hazardous Cargo and Permit Requirement 26 (i) Dockside Lay Time 26 (j) Lift Fee Rates 26 275 DAILY SHIPLIFT LAY CHARGE 27 (a) Description of Charge 27 (b) Lay Fee 27 (c) Basis for Computing Charges 27 (d) Rate 27 280 UPLAND STORAGE 27 (a) Area of Land Available 27 (b) Calculation of Rates 27 (c) Lay Time Rates 27 (d) Empty Cradles/Trailers 27 285 WHARFAGE 28 (a) Application of Charge 28 (b) Overside 28 (c) Overstowed Cargo 28 290 WHARFAGE RATES 28 (a) Schedule of Standard Rates 28 (b) Discount Rates Based on Guaranteed Payments 28 295 WHARF DEMURRAGE 29 (a) Description of Charge 29 (b) Calculation of Free Time 29 (c) Free time 29 (d) Rates 29 (e) Lay -Down Areas 29 Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 2011, Effective January 1, 2012 v 1 � 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. minimum 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. 1.c.1. 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 Revision Date: August 3, 2011, Effective January 1, 2012 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 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: August 3, 2011, Effective January 1, 2012 vii r. 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 be considered a holiday and, when a holiday falls on a Sunday, the following Monday will be 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) 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: August 3, 2011, Effective January 1, 2012 1 y 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 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 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 Revision Date: August 3, 2011, Effective January 1, 2012 2 t. 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 for 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: August 3, 2011, Effective January 1, 2012 3 1 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 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 Date: August 3, 2011, Effective January 1, 2012 4 1 . r:. 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 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. Shiplift 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: August 3, 2011, Effective January 1, 2012 5 ICJ 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: August 3, 2011, Effective January 1, 2012 6 1 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 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 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 of the owner, shipper, consignee or vessel. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 2011, Effective January 1, 2012 7 1�. (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 location to any other location in order to reduce congestion within the harbor or to prevent disruption of customary services to the public. Subsection 130 (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. 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 Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 2011, Effective January 1, 2012 8 123 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 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: August 3, 2011, Effective January 1, 2012 9 r 3 160 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 holder shall be responsible to see that said leakage or spillage is cleaned up immediately. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 2011, Effective January 1, 2012 10 1 n 4 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 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 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 of THIRTY ONE DOLLARS AND FIFTY CENTS ($31.50) 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: August 3, 2011, Effective January 1, 2012 11 JIL 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. (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 Harbormaster 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 Date: August 3, 2011, Effective January 1, 2012 12 1.:1� Moorage charges shall be calculated on the overall length of the vessel or the length of the float (slip) assigned, whichever is greater. Subsection 205 (b) Automatic Annual Adjustment in Moorage Rates. All moorage 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. Bills sent out prior to January 1 will reflect the upcoming January 1 adjusted rates. (For example, 2012 rates reflect an increase based on the average CPI for 2005 2009). 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. (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 $0.66 per lineal foot of overall length of the vessel. (See Appendix A for a listing of Transient Moorage Rates according to vessel length): (2) Transient (Guest) Annual Rate. The Annual Rate shall be $49.61 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. (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 (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, 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. (d) 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 Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 2011, Effective January 1, 2012 13 1 3 involuntarily relinquishment of the space. Prepayment of moorage is required. (See Appendix Bfor a listing of moorage rates according to vessel length): Subsection 205 (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 $45.10 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) 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, 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. (5) 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 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 yearA 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. (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. 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) Subsection 210 (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. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 2011, Effective January 1, 2012 14 r , ..� 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, Out 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. (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 (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. 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. (4) 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 Subsection 210 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. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 2011, Effective January 1, 2012 15 P :i5 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 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 (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. (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. (0 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. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 2011, Effective January 1, 2012 16 e,i' (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 Up to 500 ft. $0.66 501+ ft. $0.66 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. (b) Monthly Dockage Rate. A monthly dockage rate 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. Bills sent out prior to January 1st will reflect the upcoming January 1 St adjusted rates. (For example, 2012 rates reflect an increase based on the average CPI for 2005- 2009). 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. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 2011, Effective January 1, 2012 17 1 r ~ 7 + . . t 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 (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 CHARGE - $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. (2) Electricity - Small Boat Harbor (i) All Vessels (except Transient Vessels staying 15 consecutive days or less. Electricity (per kilowatt hour) $0.23 Customer charge (per month) ..$ $18.19 (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 $25.00 (ii) Electricity (per kilowatt hour) $-0.30 (iii) Customer charge (per month) W4- 5438.00 (4) Towing inside Small Boat Harbor - $52.50 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 Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 2011, Effective January 1, 2012 18 r 2 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; (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 $68.25 plus operator (2) Grader $68.25 plus operator Subsection (3) Oil Tanker $47.25 225 (4) Pickup Truck $ 8.40 plus operator (5) Crane Truck $12.60 plus operator Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 2011, Effective January 1, 2012 19 1 (6) Flatbed Truck $15.75 plus operator (7) Dump Truck $47.25 plus operator (8) Back Hoe $31.50 plus operator (9) Pumps $31.50 plus labor (10) Smart Ash Burner $31.50 plus labor (11) 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 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. (e) Miscellaneous Charges (1) Meter test, each., when previous test occurred within 24 months $ 52.50 (4) Deposit $100.00 (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) Subsection 230 (b) Filing of forms and payment of fees. 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 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 Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, "2011, Effective January 1, 2012 20 r ;_ i ;J 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 be 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 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 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: (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 Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 2011, Effective January 1, 2012 21 14 4 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 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: (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. 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. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 2011, Effective January 1, 2012 22 255 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: (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; Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 2011, Effective January 1, 2012 23 14 3 (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. (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 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. 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 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 be assessed in not less than fifteen (15) minute increments of EIGHTY SIX 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. (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 Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 2011, Effective January 1, 2012 24 1 (a) Description of Charge. The shiplift fee 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 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 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 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. 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.) Subsection Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 2011, Effective January 1, 2012 25 r 270 (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 Vessels 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 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 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. (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. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 2011, Effective January 1, 2012 26 � , .1. .1 ) 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: (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. (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. (4) Seward Marine Industrial Center. Lay time for upland storage in the Seward Marine Industrial Center shall be charged at a rate of fifteen cents ($0.15) per linear foot of the overall length of the vessel per calendar day. For stays of 180 consecutive days, the lay time shall be charged at a rate of thirty cents ($0.30) per linear foot of the overall length of the vessel per calendar day after the 180` day. (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. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 2011, Effective January 1, 2012 27 1 r'f 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 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 Scrap (iron, steel) $ 3.15 Raw fish, unprocessed $ 3.15 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 $ 0.01 Petroleum products (diesel) per gallon $ 0.005Plastic material $ 4.20 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 Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 2011, Effective January 1, 2012 28 X43 (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: 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. (c) Free 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. (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 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 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: (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. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 2011, Effective January 1, 2012 29 4 (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 Harbormaster. (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: August 3, 2011, Effective January 1, 2012 30 ,, 5 SEWARD SMALL BOAT HARBOR 2013 TENANT MOORAGE RATES * DAILY MOORAGE FOR TENANTS IS Q© 63c PER FOOT PLUS 7% SALES TAX * DISCOUNTED MOORAGE RATES ARE BASED ON CALENDAR MONTHS AND MUST BE PAID IN ADVANCE per ft ANNUAL per ft SEMI per ft MONTH LENGTH $46.28 TAX CRR TOTAL $27.76 TAX CRR TOTAL $8.33 TAX CRR TOTAL 13 $601.64 42.11 60.00 $703.75 360.88 25.26 30.00 $416.14 108.29 7.58 5.00 $120.87 14 $647.92 45.35 60.00 $753.27 388.64 27.20 30.00 $445.84 116.62 8.16 5.00 $129.78 15 $694.20 48.59 60.00 $802.79 416.40 29.15 30.00 $475.55 124.95 8.75 5.00 $138.70 16 $740.48 51.83 60.00 $852.31 444.16 31.09 30.00 $505.25 133.28 9.33.. 5.00 $147.61 17 $786.76 55.07 60.00 $901.83 i 471.92 33.03 30.00 $534.95 141.61 9.91 5.00 $156.52 18 $833.04 58.31 60.00 $951.35 499.68 34.98 30.00? $564.66 149.94 10.50: 5.00 ! $165.44 19 $879.32 61.55 60.00 $1,000.87 527.44 36.92 30.00 $594.36 158.27 11.08 5.00 $174.35 20 $925.60 64.79 60.00 $1,050.39 555.20 38,86 30.00. $624.06 166.60 11.66 5.00 $183.26 21 $971.88 68.03 60.00 $1,099.91 582.96 40.81 30.00 $653.77 174.93 12.25 5.00 $192.18 22 $1,018.16 71.27 120.00 $1,209.43 610.72 42.75 60.00 $713.47 183.26 ' 12.83 +' 10.00 $206.09 23 $1,064.44 74.51 120.00 $1,258.95 638.48 44.69 60.00 $743.17 191.59 13.41 10.00 $215.00 24 $1,110.72 77.75 120.00 $1,308.47 666.24 46.64 60.00 $772.88 199.92 13.99 `'10.00' $223.91 25 $1,157.00 80.99 120.00 $1,357.99 694.00 48.58 60.00 $802.58 208.25 14.58 10.00 $232.83 26 $1,203.28 84.23 120.00 $1,407.51 721.76 50.52 60.00 $832.28 216.58 15.16 10.00 $241.74 27 $1,249.56 87.47 120.00 $1,457.03 749.52 52.47 60.00 $861.99 224.91 15.74 10.00 $250.65 28 $1,295.84 90.71 " 120.00 ':$1,506.55 777.28 54.41 60.00 $891.69 233.24 16.33? 10.00 $259.57 29 $1,342.12 93.95 120.00 $1,556.07 805.04 56.35 60.00 $921.39 241.57 16.91 10.00 $268.48 30 $1,388.40 97.19 '120.00. $1,605,59 832.80 58.30 60.00 $951.10 249.90 17.49! 10.00 $277.39 31 $1,434.68 100.43 120.00 $1,655.11 860.56 60.24 60.00 $980.80 258.23 18.08 10.00 $286.31 32 $1,480.96 103.67 120.00 $1,704.63 888.32 62.18. 60.00 $1,010.50 266.56 18.66 10.00 $295.22 33 $1,527.24 106.91 120.00 $1,754.15 916.08 64.13 60.00 $1,040.21 274.89 19.24 10.00 $304.13 34 $1,573.52 110.15 120.00 $1,803.67 943.84 66.07 60.00 $1,069.91 283.22 19.83 ".10.00. $313.05 35 $1,619.80 113.39 120.00 $1,853.19 971.60 68.01 60.00 $1,099.61 291.55 20.41 10.00 $321.96 36 $1,666.08 116.63 120.00 $1,902.71 999.36 69.96 60.00 $1,129.32 299.88 20.99 10.00! $330.87 37 $1,712.36 119.87 120.00 $1,952.23 1,027.12 71.90 60.00 $1,159.02 308.21 21.57 10.00 $339.78 38 $1,758.64 123.10 120.00 $2,001.74 1,054.88 73.84 60.00 $1,188.72 316.54 22.16 10.00 $348.70 39 $1,804.92 126.34 120.00 $2,051.26 1,082.64 75.78 60.00 $1,218.42', 324.87 22.74 10.00 $357.61 40 $1,851.20 129.58 120.00 $2,100.78 1,110.40 77.73 60.00 $1,248.13 333.20 23.32 10.00 $366.52 41 $1,897.48 132.82 120.00 $2,150.30 1,138.16 79.67 60.00 $1,277.83 341.53 23.91 10.00 $375.44 42 $1,943.76 136.06 120.00 $2,199.82 1,165.92 81.61 60.00 $1,307.53 349.86 24.49 10.00 $384.35 43 $1,990.04 139.30 120.00 $2,249.34 1,193.68 83.56 60.00 $1,337.24 358.19 25.07 10.00 $393.26 44 $2,036.32 142.54 120.00 $2,298.86 1,221.44 85.50 60.00 $1,366.94 366.52 25.66 10.00 $402.18 45 $2,082.60 145.78 180.00 $2,408.38 1,249.20 87.44 90.00 $1,426.64 374.85 26.24 15.00 $416.09 46 $2,128.88 149.02 180.00 $2,457.90 1,276.96. 89.39 90.00. $1,456.35 383.18 26.82 15.00 $425.00 47 $2,175.16 152.26 180.00 '$2,507.42 1,304.72 91.33 90.00 $1,486.05 391.51 27.41 15.00 $433.92 48 $2,221.44 155.50 180.00 $2,556.94 1,332.48 93.27 90.00 $1,515.75 399.84 27.99 15.00 $442.83 49 $2,267.72 158.74 180.00 $2,606.46 1,360.24 95.22 90.00 $1,545.46 408.17 28.57 15.00 $451.74 50 $2,314.00 161.98 180.00 ` $2,655.98 1,388.00 97.16 90.00 $1,575.16 416.50 29.16 15.00 $460.66 2013 TENANT Rates 2013 TENANT MOORAGE RATES DISCOUNTED MOORAGE RATES ARE BASED ON CALENDAR MONTHS AND MUST BE PAID IN ADVANCE per ft ANNUAL per ft SEMI per ft MONTH LENGTH $46.28 TAX CRR TOTAL c` $27.76 TAX CRR TOTAL $8.33 TAX TOTAL 51 2,360.28 165.22 180.00 $2,705.50 1,415.76 99.10 90.00 $1,604.86 424.83 29.74 15.00 $469.57 52 2,406.56 168.46 180.00 $2,755.02 1,443.52 101.05 90.00 $1,634.57 433.16 30.32 15.00 $478.48 53 2,452.84 171.70 180.00 $2,804.54 1,471.28 102.99 90.00 $1,664.27 441.49 30.90 15.00 $487.39 54 2,499.12 174.94 180.00 $2,854.06 1,499.04 104.93 90.00 $1,693.97 449.82 31.49 15.00 $496.31 55 2,545.40 178.18 180.00 $2,903.58 1,526.80 106.88 90.00 $1,723.68 458.15 32.07 15.00 $505.22 56 2,591.68 181.42 180.00 $2,953.10 1,554.56 108.82 90.00 $1,753.38 466.48 32.65 15.00 $514.13 57 2,637.96 184.66 180.00 $3,002.62 1,582.32 110.76 90.00 $1,783.08 474.81 33.24 15.00 $523.05 58 59 2,730.52 191.14 180.00 $3,101.66 1,63 114.65 90.00 $1,842.49 491.47 34.40 15.00 $540.87 60 2,776.80 194.38 180.00 $3,151.18 1,665.60 116.59 90.00 $1,872.19 499.80 34.99 15.00 $549.79 61 2,823.08 197.62 180.00 $3,200.70 1,693.36 118.54 90.00 $1,901.90 508.13 35.00 15.00 < $558.13 62 2,869.36 200.86 180.00 $3,250.22 1,721.12 120.48 ! 90.00 $1,931.60 516.46 35.00 15.00 $566.46 63 2,915.64 204.09 180.00 $3,299.73 1,748.88 122.42 90.00 $1,961.30 524.79 35.00 15.00 ; $574.79 64 2,961.92 207.33 180.00 $3,349.25 1,776.64 124.36 ' %90.00 "` $1,991.00 , 533.12 35.00 15.00 $583.12 3,008.20 210.57 180.00 $3,398.77 1,804.40 126.31 90.00 $2,020.71 541.45 35.00 15.00 $591.45 66 3,054.48 213.81 180.00 $3,448.29 1,832.16 128.25 '', 90.00, $2,050.41 549.78 35.00 15.00 $599.78 67 3,100.76 217.05 180.00 $3,497.81 1,859.92 130.19 90.00 $2,080.11 558.11 35.00 15.00 $608.11 68 3,147.04 220.29 180.00 $3,547.33 1,887.68 132.14 90.00 $2,109.82 566.44 35.00 15.00 $616.44 69 3,193.32 223.53 180.00 $3,596.85 1,915.44 134.08 90.00 $2,139.52 574.77 35.00 15.00 :` $624.77 70 3,239.60 226.77 180.00 !' $3,646.37 1,943.20 136:02 ".90.00 $2,169.22 583.10 35.00 15.00 $633.10 71 3,285.88 230.01 180.00 $3,695.89 1,970.96 137.97 90.00 $2,198.93 591.43 35.00 15.00 $641.43 72 3,332.16 233.25 180.00 $3,745.41 1,998.72 73 3,378.44 236.49 180.00 $3,794.93 2,026.48 14 .85 90.00 $2,258.33 608.09 35.00 15.00 $658.09 74 3,424.72 239.73 180.00 $3,844.45 2,054.24 143.80 90.00 $2,288.04 616.42 35.00 15.00 $666.42 75 3,471.00 242.97 180.00 $3,893.97 2,082.00 145.74 90.00 $2,317.74 624.75 35.00 15.00 $674.75 76 3,517.28 246.21 180.00 $3,943.49 2,109.76 147.68 90.00 $2,347.44 633.08 35.00 15.00 $683.08 77 3,563.56 249.45 180.00 $3,993.01 2,137.52 149.63 90.00 $2,377.15 641.41 35.00 15.00 $691.41 78 3,609.84 252.69 180.00 $4,042.53 2,165.28 151.57 90.00 $2,406.85 649.74 35.00 15.00 $699.74 79 3,656.12 255.93 180.00 $4,092.05 2,193.04 153.51 90.00 $2,436.55 658.07 35.00 15.00 $708.07 80 3,702.40 259.17. 240.00 $4,201.57 2,220.80 155.46 120.00 $2,496.26 666.40 35.00 20.00 ! $721.40 81 3,748.68 262.41 240.00 $4,251.09 2,248.56 157.40 120.00 $2,525.96 674.73 35.00 20.00 $729.73 82 3,794.96 265.65 240.00 $4,300.61 2,276.32 159.34 ',120.00 683.06 35.00 _20.00; $738.06 83 3,841.24 268.89 240.00 $4,350.13 2,304.08 161.29 120.00 $2,585.37 691.39 35.00 20.00 $746.39 84 3,887.52 272.13 240.00 $4,399.65 2,331.84 163.23 ;:120.00 "` $2,615.07 699.72 35.00 20.00 $754.72 85 3,933.80 275.37 240.00 $4,449.17 2,359.60 165.17 120.00 $2,644.77 708.05 35.00 20.00 $763.05 86 3,980.08 278.61 240.00 $4,498.69 2,387.36 167.12 120.00 $2,674.48 716.38 35.00 20.00 ` ' $771.38 87 4,026,36 281.85 240.00 $4,548.21 2,415.12 169.06 120.00 $2,704.18 724.71 35.00 20.00 $779.71 88 4,072.64 285.08 240.00 $4,597.72 2,442.88 171.00 ` 120.00 $2,733.88 733.04 35.00 20.00 $788.04 89 4,118.92 288.32 240.00 $4,647.24 2,470.64 172.94 120.00 $2,763.58 741.37 35.00 20.00 $796.37 90 4,165.20 291.56 240.00 $4,696.76 2,498.40 174.89 120.00 $2,793.29 749.70 35.00 20.00 $804.70 91 4,211.48 294.80 _240.00 $4,746.28 2,526.16 176.83 120.00 $2,822.99 758.03 35.00 20.00 $813.03 92 4,257.76 298.04 240.00'! $4,795.80 2,553.92 178.77 120.00 $2,852.69 766.36 35.00 20.00 $821.36 93 4,304.04 301.28 240.00 $4,845.32 2,581,68 180.72 120.00 $2,882.40 774.69 35.00 20.00 $829.69 94 4,350.32 304.52 240.00 $4,894.84 2,609.44 182.66 120.00 $2,912.10 783.02 ` 35.00 20.00 $838.02 95 4,396.60 307.76 240.00 $4,944.36 2,637.20 184.60 120.00 $2,941.80 791.35 35.00 20.00 $846.35 96 4,442.88 311.00 240.00 $4,993.88 2,664.96 186.55 120.00 $2,971.51 799.68 35.00 20.00 $854.68 97 4,489.16 314.24 240.00 $5,043.40 2,692.72 188.49 120.00 $3,001.21 808.01 35.00 20.00 $863.01 98 4,535.44 317.48 240.00 $5,092.92 2,720.48 190.43 ` 120.00 $3,030.91 816.34 35.00 ; 20.00 $871.34 99 4,581.72 320.72 240.00 $5,142.44 2,748.24 192.38 120.00 $3,060.62 824.67 35.00 20.00 $879.67 100 4,628.00 323.96 240.00 $5,191.96 2 7 1 6 TE RGt120.00' $3,090.3,2 833.00 35.00 20.00 $888.00 1r) 2013 SEWARD SMALL BOAT HARBOR TRANSIENT RATES DAILY TRANSIENT MOORAGE @ 68c PER FOOT PLUS 7% SALES TAX DISCOUNTED MOORAGE RATES ARE BASED ON CALENDAR MONTHS AND MUST BE PAID IN ADVANCE per ft - A:ANNUAL:a per ft SEMI per ft . MONTH LENGTH $50.91 TAX CRR TOTAL,,,;_ $30.54 TAX CRR TOTAL $9.16 TAX TOTAL 13 $661.80 46.33 60.00 ._ ..,.:$768 13 396.97 27.79 30.00 *443454176.: 119.12 8.34 5.00 1 $132 46 4 14 $712.71 49.89 60.00 :5208221003 427.50 29.93 30.00 - $487 43 128.28 8.98 5.00 ; $142 26: 15 $763.62 53.45 60.00 z x'$877.07; 458.04 32.06 30.00 n x'.$520 101 137.45 9.62 5.00 r, $152 07 16 $814.53 57.02 60.00 tdgg3.01:15543 488.58 34.20 30.00 ` ' $'552 78' 146.61 10.26 5.00 $161.87 v 17 $865.44 60.58 60.00 Vall96.670Z 519.11 36.34 30.00 Mig $585 45`. 155.77 10.90 5.00 : $171.67`; 18 $916.34 64.14 60.00 5._,x$1,040. 549.65 38.48 30.00 4.61812' 164.93 11.55 5.00 1,,C12418;1".:48', 19 $967.25 67.71 60.00 31,094.961 580.18 40.61 30.00 ' $650 80< 174.10 12.19 5.00 ; $191 28, 20 $1,018.16 71.27 60.00 "'41,149 43 610.72 42.75 30.00 t y $683 47 183.26 12.83 5.00 $204:09 21 $1,069.07 74.83 60.00 + - $1 641.26 44.89 30.00 . .$716 s14, 192.42 13.47 5.00 $210 89 22 $1,119.98 78.40 120.00 x „$1,318.37" 671.79 47.03 60.00 ." 0 `$77882' 201.59 14.11 10.00 Y fi5$22570 23 $1,170.88 81.96 120.00 s x'$1,37285; 702.33 49.16 60.00 eg $811494 210.75 14.75 10.00 ' $23550` 24 $1,221.79 85.53 120.00o 32 732.86 51.30 60.00ta l$844 16 219.91 15.39 10.00 . zt t3245 31 25 $1,272.70 89.09 120.00 r 1$1,481 791 763.40 53.44 60.00 r . ' $876 84= 229.08 16.04 10.00 $255 0 26 $1,323.61 92.65 120.00 $1,536 264; 793.94 55.58 60.00 `' ' ;$909 51' 238.24 16.68 10.00 ' g $264 91' 27 $1,374.52 96.22 120.00 $1,590.73' 824.47 57.71 60.00 Setfl$94 247.40 17.32 10.00 "$274 72 >, 28 $1,425.42 99.78 120.00 $1 855.01 59.85 60.00 i; $974 86' 256.56 17.96 10.00 ,$284 52 «' 29 $1,476.33 103.34 120.00 WIWI ,69.9 68 885.54 61.99 60.00 M 1$1,007 53 265.73 18.60 10.00 = $294.33_: 30 $1,527.24 106.91 120.00 3175415;1 916.08 64.13 60.00 $1 274.89 19.24 10.00 - $3041 31 $1,578.15 110.47 120.00 til.gittmgdz 946.62 66.26 60.00 N f x$1,07288'; 284.05 19.88 10.00 $.313 94 32 $1,629.06 114.03 120.00 Ft$1,863 09 977.15 68.40 60.00 tma.4 : ,105 55` 293.22 20.53 10.00 $323 74= 33 $1,679.96 117.60 120.00 _ l=$1;9-0,507 1,007.69 70.54 60.00 1 $1;138 23 302.38 21.17 10.00 4333.55 1 34 $1,730.87 121.16 120.00 .' $1,972.03; 1,038.22 72.68 60.00 r . $11.;470 9.W 311.54 21.81 10.00 "$343.35„ 35 $1,781.78 124.72 120.00 , ; $2,026,'50; 1,068.76 74.81 60.00 'r g $1,203.57. 320.71 22.45 10.00 '$353.15 36 $1,832.69 128.29 120.00 42,0801 1,099.30 76.95 60.00 02;311236'.:25. 329.87 23.09 10.00 '$362.96: 37 $1,883.60 131.85 120.00 t x$2,135.45 1,129.83 79.09 60.00 41,268.92: 339.03 23.73 10.00 $372.76 38 $1,934.50 135.42 120.00 . , , $2,18,9 921 1,160.37 81.23 60.00 I IR$1 301 59": 348.19 24.37 10.00 $382.57 39 $1,985.41 138.98 120.00 $2,244.39°; 1,190.90 83.36 60.00 NIggIt3307,,ii 357.36 25.01 10.00 $.39237! 40 $2,036.32 142.54 120.00 `:$2,298 86a 1,221.44 85.50 60.00 53k4113669 366.52 25.66 10.00 $402 18 41 $2,087.23 146.11 120.00 ',<A41$2 35S;33� 1,251.98 87.64 60.00 0:.a` $1'399 61 375.68 26.30 10.00 $411.98 42 $2,138.14 149.67 120.00 ,.,, „ ; $2,40.7::81.`'. 1,282.51 89.78 60.00 {l $1,432 29 384.85 26.94 10.00 '$421 79`; 43 $2,189.04 153.23 120.00 -$2,462.28; 1,313.05 91.91 60.00 06240(3419.6. 394.01 27.58 10.00 $431.59 44 $2,239.95 156.80 120.00 :5 75 1,343.58 94.05 60.00 $1 497.63= 403.17 28.22 10.00 t" $441 39: 45 $2,290.86 160.36 180.00 "_$2;631.22& 1,374.12 96.19 90.00 $1,560 31 412.34 28.86 15.00 $456'20 46 $2,341.77 163.92 180.00 r 42,68569;; 1,404.66 98.33 90.00 ' $1 "'592 98 421.50 29.50 15.00 ::2'011466:00.::: 47 $2,392.68 167.49 180.00 "e 16'4 1,435.19 100.46 90.00 $1,625 66= 430.66 30.15 15.00 $475.81 48 $2,443.58 171.05 180.00 If g.$2;79:4:63.. 1,465.73 102.60 90.00 r =r $1,658 33 439.82 30.79 15.00 $485.61= 49 $2,494.49 174.61 180.00 2,849 :11' 1,496.26 104.74 90.00 $169100,: 448.99 31.43 15.00 50 $2,545.40 178.18 180.00 x"42,903:58? 1,526.80 106.88 90.00 .,'$1,723.684 458.15 32.07 15.00 ',,.$505.22: 2013 TRANSIENT Rates 2013 SEWARD SMALL BOAT HARBOR DAILY TRANSIENT MOORAGE @ 68c PER FOOT PLUS 7% SALES TAX DISCOUNTED MOORAGE RATES ARE BASED ON CALENDAR MONTHS AND MUST BE PAID IN ADVANCE Per ft ANN UAL per ft iff per ft MONTH LENGTH $50.91 TAX CRR : TOTAL ty „" $30.54 TAX C RR N, TOTAL ?. tit $9.16 TAX TOTAL g:1091StrAYAN ^ , . fi ,w w X1 ark w 51 2,596.31 181.74 180.00 $2;958;051 1,557.34 109.01 90.00 $1756'35 467.31 32.71 15.00 $515 0 52 2,647.22 185.31 180.00 It';'-',:41 1,587.87 111.15 90.00 h $1,789 021 476.48 33.35 15.00 $524 53 2,698.12 188.87 180.00 $3;066 99' 1,618.41 113.29 90.00 ter3$1,821 70 485.64 33.99 15.00 4. $534 63: 54 2,749.03 192.43 180.00 itigmoro 1,648.94 115.43 90.00 5 , *$1,854 3V 494.80 34.64 15.00 = 41$54444 55 2,799.94 196.00 180.00 ` , $3 175 94* 1,679.48 117.56 90.00 3 $1,887 04 503.97 35.00 15.00 x°`$553 97 56 2,850.85 199.56 180.00 ..:13,2307411 1,710.02 119.70 90.00 NWICIf910124 513.13 35.00 15.00 ~'156313 57 2,901.76 203.12 180.00 ''' 1,740.55 121.84 90.00 ViibEW1052C391 522.29 35.00 15.00 x$572 29 58 2,952.66 206.69 180.00 01,4310:91.3:51 1,771.09 123.98 90.00 x$1,985 06 531.45 35.00 15.00 C L gf$581 45= 59 3,003.57 210.25 180.00 =` ` $3,393 821 1,801.62 126.11 90.00 caG3z0017.451 540.62 35.00 15.00 ;' ' 62 60 3,054.48 213.81 180.00 , „ 1$3,44,8.29 1,832.16 128.25 90.00 ,J $2,050.41 549.78 35.00 15.00 a ° i$599.781 61 3,105.39 217.38 180.00 1443,502.77 1,862.70 130.39 90.00 r $2;083 081 558.94 35.00 15.00 ? x$60894 62 3,156.30 220.94 180.00 ;x$3557 24 1,893.23 132.53 90.00 $2115 76x 568.11 35.00 15.00 3618.11; 63 3,207.20 224.50 180.00 "x.33,611 71'4il 1,923.77 134.66 90.00 12;148.43; 577.27 35.00 15.00 " $627 27 64 3,258.11 228.07 180.00 a,., 1,954.30 136.80 90.00 $2,18111,;, 586.43 35.00 15.00 $636.43'1 65 3,309.02 231.63 180.00 ($3,720 65'? 1,984.84 138.94 90.00 $2,213 78 595.60 35.00 15.00 4645.60" 66 3,359.93 235.19 180.00 gations421 2,015.38 141.08 90.00 $2,246 45; 604.76 35.00 15.00 $654 76r 67 3,410.84 238.76 180.00 .A $3,829 59r 2,045.91 143.21 90.00 32`279 "13 = 613.92 35.00 15.00 : $663.92" 68 3,461.74 242.32 180.00 x;$3,884 07: 2,076.45 145.35 90.00 1$Z30"8"0:( 623.08 35.00 15.00 $673.08. 69 3,512.65 245.89 180.00 0,40 2,106.98 147.49 90.00 Ma 2,344.477 632.25 35.00 15.00 $682.25 E 70 3,563.56 249.45 180.00 i , $3,993.Ol 2,137.52 149.63 90.00 ' R $2,377151 641.41 35.00 15.00 369141 71 3,614.47 253.01 180.00 $41047 48 2,168.06 151.76 90.00 , ' "' $2 409582„ 650.57 35.00 15.00 x$700 57 > 72 3,665.38 256.58 180.00 .5374;101.951 2,198.59 153.90 90.00 itzea21442491 659.74 35.00 15.00 370974; 73 3,716.28 260.14 180.00 T $4,1156 2,229.13 156.04 90.00 *03237410 668.90 35.00 15.00 $718 90' 74 3,767.19 263.70 180.00 5"10:4127,10.1.9 2,259.66 158.18 90.00 Mig$115.0.V0 678.06 35.00 15.00 AZ 8 06 75 3,818.10 267.27 180.00 , x$4,265 37;1 2,290.20 160.31 90.00 rto,� �$2 540 51x 687.23 35.00 15.00 N - hm $737 23 76 3,869.01 270.83 180.00 $4,31 9.841 2,320.74 162.45 90.00 M32373'4101 19 696.39 35.00 15.00 " x$746 39 - 77 3,919.92 274.39 180.00 gal:43704j 2,351.27 164.59 90.00 1 705.55 35.00 15.00 5 -$755155= 78 3,970.82 277.96 180.00 ; x$4;428'7$,1 2,381.81 166.73 90.00 x`$2,638 531 714.71 35.00 15.00 $764 71; 79 4,021.73 281.52 180.00 $4,483.25 2,412.34 168.86 90.00 ' $2 67121 723.88 35.00 15.00 $773 88: 80 4,072.64 285.08 240.00 4510 2,442.88 171.00 120.00 0r 1$2,733 88' 733.04 35.00 20.00 ' 04' 81 4,123.55 288.65 240.00 :34;652.20& 2,473.42 173.14 120.00 e ' $2 766 561 742.20 35.00 20.00 ' $797 }20 82 4,174.46 292.21 240.00 Egilf2$0416f.fit 2,503.95 175.28 120.00 eit'AV7991.231 751.37 35.00 20.00 $80637 83 4,225.36 295.78 240.00 itaivit6 2,534.49 177.41 120.00 412,831901 760.53 35.00 20.00 $81 84 4,276.27 299.34 240.00 x;$4,815 611 2,565.02 179.55 120.00 x s '$2,864 769.69 35.00 20.00 $824 69' 85 4,327.18 302.90 240.00 :MC.S4,870 087 2,595.56 181.69 120.00 $2,897 25 778.86 35.00 20.00 3833,86; 86 4,378.09 306.47 240.00 M34;024351 2,626.10 183.83 120.00 $2,929 921 788.02 35.00 20.00 1843.02? 87 4,429.00 310.03 240.00 .., ,x$4,979 ?0o3 2,656.63 185.96 120.00 r $2,962 60= 797.18 35.00 20.00 x$852 <18 88 4,479.90 313.59 240.00 $5,0 50" 2,687.17 188.10 120.00 . $2,995 27; 806.34 35.00 20.00 ;$861 34 89 4,530.81 317.16 240.00W05,08797 2,717.70 190.24 120.00 $3 027 ° 94,x;: 815.51 35.00 20.00 $870 51 90 4,581.72 320.72 240.00 21:1A5;1423:41 2, 748.24 192.38 120.00 $3,060 62;4 824.67 35.00 20.00 $879 67 r 91 4,632.63 324.28 240.00 3:'$,5,196.917i 2,778.78 194.51 120.00 $3,093 29 833.83 35.00 20.00 3888 92 4,683.54 327.85 240.00 L! .. ;$5,251:39; 2,809.31 196.65 120.00 $3,1259.6'':: 843.00 35.00 20.00 x$898.00,', 93 4,734.44 331.41 240.00 2a3$104;80.1 2,839.85 198.79 120.00 17$3,158`64':1 852.16 35.00 20.00 :.20A ::$907A8' 94 4,785.35 334.97 240.00 600$5,360:.33m 2,870.38 200.93 120.00 .$3,191 31 861.32 35.00 20.00 3916.32, 95 4,836.26 338.54 240.00 45,414.801 2,900.92 203.06 120.00 .$3,223198 870.49 35.00 20.00 96 4,887.17 342.10 240.00 -;$546927 2,931.46 205.20 120.00 •43,25666 879.65 35.00 20.00 x$934.655: 97 4,938.08 345.67 240.00 :,f.;:;":"45' 2,961.99 207.34 120.00 $3,289.33 '= 888.81 35.00 20.00 4943.81,' 98 4,988.98 349.23 240.00 .. .:,.4$5,57,8'.21.' 2,992.53 209.48 120.00 43,32200. 897.97 35.00 20.00 3952,97:. 99 5,039.89 352.79 240.00 05,632.68` 3,023.06 210.00 120.00 $3,353.06.° 907.14 35.00 20.00 100 5,090.80 356.36 240.00 :,$5,687.161 3,053.60 210.00 120.00 $3;383.60 916.30 35.00 20.00 „x$971.30 J 2013 TRANSIENT Rates 2013 Seward Small Boat Harbor TRANSIENT DAILY MOORAGE RATES @ 68c PER FOOT AND 7% SALES TAX Length Rate Tax Total Length Rate Tax Total Length Rate Tax Total 41 $ 27.88 $ 1.95 $ 29.83 81 $ 55.08 $ 3.86 $ 58.94 42 $ 28.56 $ 2.00 $ 55 $ 3 43 $ 29.24 $ 2.05 $ 31 83 $ 56.44 $ 3.95 $ 60.39 $ 29-92 $ 2'09 $32.01 84 $ 57.12 $ 4.00 45 $30.60 $2.14 $ 32.74 85 $ 57.80 $4.05 46 $ 31.28 $ 2.19 $33.47 86 $ 58.48 $ 4.09 47 $ 31.96 $ 2.24 $ 34.20 87 $ 59.16 $4.14 $ 63.30 $ 32 64 $ 2 . 28 9A $ 59 84 $ 4.19 49 $ 33.32 $ 2.33 $ 35.65 89 $ 60.52 $ 4.24 50 $ 34.00 $ 2.38 ;144848 $ 61.20 $ 4.28 51 $ 34.68 $ 2.43 $ 37.11 91 $ 61.88 $ 4.33 $ 66.21 12 $ 8.16 $ 0.57 !, $35.36 $2.48 :„. $62.56 $ 4.38 '410:1041 13 $ 8.84 $ 0.62 $ 9.46 53 $ 36.04 $ 2.52 38.56 $ 63.24 $ 4.43 $ 67.67 14 $ 9.52 $ 0.67 2.$ $ 36.72 $ 2.57 $ 63.92 $ 4.47 15 $ 10.20 $ 0,71 $ 10.91 55 $ 37.40 $ 2.62 $ 40.02 95 $ 64.60 $ 4.52 $ 69.12 $ 10.88 $ 0.76 '!,$':11i874. $ 38.08 $ 2 .6 7 $40.75 96 $ 65 $ 4 $69.85 17 $ 11.56 $ 0.81 $12.37 57 $ 38.76 $ 2.71 $ 41.47 97 $ 65.96 $ 4.62 $ 39 44 $2.76 $ 66.64 $ 4.66 $71.30 18 $ 12.24 $ 0.86 . 19 $ 12.92 $ 0.90 $ ... 59 $ 40.12 $ 2.81 $ 42.93 99 $ 67.32 $ 4.71 $ 72.03 20 $ 13.60 $ 0.95 r 2,;6...0..„ $ 40.80 $ 2.86 $43.66 100. $ 68.00 $ 4.76 21 $ 14.28 $ 1.00 $ 15;28 61 $41.48 $ 2.90 $ 44.38 101 $68.68 $ 4.81 $73.49 22 $ 14 $ 1.05 $16.01 62 $ 42.18 $ 2.05 :.'$451'.11;::, $ 69.36 $ 4 `'L'.0.4.1110::: 23 $ 15.64 $ 1.09 $ 16.73 63 $ 42.84 $ 3.00 $ 45.84 103 $ 70.04 $ 4.90 ,„ $74,04 - ,, $ 16.32 $ 1.14 $ 17.46 64 $ 43.52 $ 3.05 2 $ 70.72 $ 4.95 :47§;§7: 25 $ 17.00 $ 1.19 $ 18.19 $ 44.20 $ 3. 09 $ 7 1 . 4 0 $ 5.00 26 $ 17.68 $ 1.24 $3 $44.88 $ 3.14 $48.02 1,96 xo $ 72.08 $ 5.05 i$ATIA 27 6 $ 1 1 9 8.. 0 3 4 6 $ 1.29 $$ 4 6 $ 3 3.. 2 1 4 9 $48.75 107 $ 72.76 $ 5.09 $ 77.85 28 $ 73.44 $ 5.14 29 $ 19.72 $ 1.38 $ 21.10 69 $ 46.92 $3.28 $ 50.20 109 $74.12 $ 5.19 $ 79.31 30 74 80 $ 5.24 $47 60 $ 3 . $ $ 20.40 $ 1.43 ' - 31 $ 21.08 $ 1.48 $ 22.56 71 $ 48.28 $ 3.38 $51.66 112 $ 76.16 $ 5.33 32 $ 21.76 $ 1 .;i:$4 72 $ 48.96 $ 3.43 $ $ 76.84 $ 5.38 44, 33 $ 22.44 $ 1.57 $ 24.01 73 $49.64 $3.47 $53.11 114 $77.52 $ 5.43 $82.95 34 115 $ 78 20 $ 5.47 ',=;:*** $ 23.12 $ 1.62 $ 50.32 $ 3.52 ';' 35 $ 23.80 $ 1.67 $ 25.47 75 $ 51.00 $ 3.57 $ 54.57 116 78.88 $ 5.52 „, 36 $24.48 $ 1.71 $26.1 7 $ 51.68 $ 3.62 $ 79 $ 5 37 $ 25.16 $ 1.76 $ 26.92 77 $ 52.36 $ 3.67 $ 56.03 118 $ 80.24 $ 5.62 $85.86 38 $ 25.84 $ 1.81 -, $ 53.04 $ 3.71 $56.75 119 $ 80.92 $ 6.66 39 $ 26.52 $ 1.86 $ 28.38 79 $ 53.72 $ 3.76 $57.48 120 $ 81.60 $ 5.71 $ 87.31 $ 27.20 $ 1.90 $ 29 . i0 80 $ 54.40 $ 3.81 $58.21 121 d 0 2 28 $ 5.76 $5/month or fraction there of: 12 to 21 ft $10/month or fraction there of : 22 to44 ft $15/month or fraction there of: 45 to 79 ft $20/month or fraction there of :80 ft & up r ...) 2013 TRANSIENT Daily PORT AND HARBOR TARIFF REGULATIONS - 2013 RULES, RATES, CHARGES AND REGULATIONS FOR PORT AND HARBOR FACILITIES CITY OF SEWARD, ALASKA SEWARD BOAT HARBOR, SEWARD MARINE CENTER AND SHIP LIFT SYSTEM f of self CITY OF SEWARD P.O. BOX 167 SEWARD, AK 99664 Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 2011, Effective January 1, 2013 f [ r N • 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 3 (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 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 (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: August 3, 2011, Effective January 1, 2013 ii .0 C + r1 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 II - SERVICES AND CHARGES 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 (f) Vessel Registration 12 205 MOORAGE RATES 12 (a) Calculation of Moorage Rates 12 (b) Daily Rates 13 (c) Annual Moorage Fees 13 (d) Moorage Rates for Slip Assignments 13 (e) Float Plane Fees 14 210 DOCKAGE 14 (a) Dockage Period 14 (b) Basis for Computing Charges 15 (c) Vessels Docked to Repair, Shore, Outfit or Fumigate 15 (d) Preference to Reserved Dock Use 15 (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 17 215 DOCKAGE RATES 17 (a) Daily Dockage Rate 17 (b) Monthly Dockage Rate 17 220 HANDLING, LOADING AND UNLOADING 18 Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 2011, Effective January 1, 2013 iii t . t03 225 LABOR AND SERVICE CHARGES 18 (a) Specific Services 18 (b) Labor /Personnel 19 (c) Equipment 19 (d) Special Services 20 (e) Miscellaneous Charges 20 230 PASSENGER FEES 20 (a) Fee 20 (b) Filing of Forms and Payment 21 231 CAPITAL RENEWAL AND REPLACEMENT FEE 21 235 ASSISTANCE TO BOATERS AND OTHER AGENCIES 21 240 BOAT LAUNCH RAMP FEES 21 (a) Operating Policy 21 (b) Launch Fees 22 245 PUBLIC SHOWERS 22 250 50 -TON TRAVELIFT 22 (a) Operating Policy 22 (b) Boat Lift Agreement 22 (c) Responsibilities 22 (d) Dockside Lay Time 23 255 50 -TON TRAVELIFT FEES 23 (a) Description of Charge 23 (b) Lift Fee 23 260 250 -TON TRAVELIFT 23 (a) Operating Policy 23 (b) Boat Lift Agreement 23 (c) Responsibilities 24 (d) Dockside Lay Time 24 265 250 -TON TRAVELIFT FEES 24 (a) Description of Charge 24 (b) Lift Fee 24 270 SHIPLIFT FEE 25 (a) Description of Charge 25 (b) Lift Fee 25 (c) Basis for Computing Charges 25 (d) Preference to Reserved Use 25 (e) Berth May be Granted Before Payment 26 Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 2011, Effective January 1, 2013 iv 4 r PI r `) (f) Inspection of Vessels on the Shiplift Platform 26 (g) Repairs to Vessels on the Shiplift System 26 (h) Notice of Hazardous Cargo and Permit Requirement 26 (i) Dockside Lay Time 26 (j) Lift Fee Rates 26 275 DAILY SHIPLIFT LAY CHARGE 27 (a) Description of Charge 27 (b) Lay Fee 27 (c) Basis for Computing Charges 27 (d) Rate 27 280 UPLAND STORAGE 27 (a) Area of Land Available 27 (b) Calculation of Rates 27 (c) Lay Time Rates 27 (d) Empty Cradles/Trailers 27 285 WHARFAGE 28 (a) Application of Charge 28 (b) Overside 28 (c) Overstowed Cargo 28 290 WHARFAGE RATES 28 (a) Schedule of Standard Rates 28 (b) Discount Rates Based on Guaranteed Payments 28 295 WHARF DEMURRAGE 29 (a) Description of Charge 29 (b) Calculation of Free Time 29 (c) Free time 29 (d) Rates 29 (e) Lay -Down Areas 29 Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 2011, Effective January 1, 2013 v 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 comer. 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. minimum 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. 1.c.1. 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 Revision Date: August 3, 2011, Effective January 1, 2013 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 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: August 3, 2011, Effective January 1, 2013 vii 6 2 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 be considered a holiday and, when a holiday falls on a Sunday, the following Monday will be 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) 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: August 3, 2011, Effective January 1, 2013 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 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 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 Revision Date: August 3, 2011, Effective January 1, 2013 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 for 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: August 3, 2011, Effective January 1, 2013 3 16 5 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 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 Date: August 3, 2011, Effective January 1, 2013 4 r ,� 1 V it 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 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. Shiplift 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: August 3, 2011, Effective January 1, 2013 5 1 G"' 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: August 3, 2011, Effective January 1, 2013 6 1 6 3 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 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 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 of the owner, shipper, consignee or vessel. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 2011, Effective January 1, 2013 7 169 (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 location to any other location in order to reduce congestion within the harbor or to prevent disruption of customary services to the public. Subsection 130 (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. 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 Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 2011, Effective January 1, 2013 8 1 7 1 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 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: August 3, 2011, Effective January 1, 2013 9 171 160 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 holder shall be responsible to see that said leakage or spillage is cleaned up immediately. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 2011, Effective January 1, 2013 10 4 r' 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 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 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 of THIRTY ONE DOLLARS AND FIFTY CENTS ($31.50) 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: August 3, 2011, Effective January 1, 2013 11 w �� 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. (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 Harbormaster 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 Date: August 3, 2011, Effective January 1, 2013 12 tri Moorage charges shall be calculated on the overall length of the vessel or the length of the float (slip) assigned, whichever is greater. Subsection 205 (b) Automatic Annual Adjustment in Moorage Rates. All moorage 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. Bills sent out prior to January 1 st will reflect the upcoming January 1 adjusted rates. (For example, 2044 2013 rates reflect an increase based on the average CPI for 2004 -2008 2006 2010). 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. 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. (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 $0.66 per lineal foot of overall length of the vessel. (See Appendix A for a listing of Transient Moorage Rates according to vessel length): (2) Transient (Guest) Annual Rate. The Annual Rate shall be $50.91 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. (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 (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, 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. (d) 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): Port and Harbor Tariff Regulations r - ; , City of Seward, Alaska Revision Date: August 3, 2011, Effective January 1, 2013 13 f Subsection 205 (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 $$46.28 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) 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, 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. (5) 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 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. • - - .. .. . . _ _ . 31, June 30, and September 30 of tho 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. (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. 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. Subsection 210 (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. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 2011, Effective January 1, 2013 14 1 i 0 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, Out 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. (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 (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. 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 Subsection 210 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. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 2011, Effective January 1, 2013 15 y r 1 � 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 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 (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. (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. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 2011, Effective January 1, 2013 16 r'. (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 Up to 500 ft. $0.68 501+ ft. $0.68 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. (b) Monthly Dockage Rate. A monthly dockage rate 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. Bills sent out prior to January 1 will reflect the upcoming January 1 adjusted rates. (For example, 2013 rates reflect an increase based on the average CPI for 2006 - 2010). 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. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 2011, Effective January 1, 2013 17 d r„ 1 9 225 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 (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 CHARGE - $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. (2) Electricity - Small Boat Harbor (i) All Vessels (except Transient Vessels staying 15 consecutive days or less. Electricity (per kilowatt hour) $0.24 Customer charge (per month) 19.10 (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 $26.25 (ii) Electricity (per kilowatt hour) $ $0.32 (iii) Customer charge (per month) $39.90 Electric Dept submitting a 5% increase overall for 2013 (4) Towing inside Small Boat Harbor - $52.50 1a (5) Pumping vessel - $31.50 l is labor (6) Used Oil, filter and sorbent disposal Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 2011, Effective January 1, 2013 18 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; (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 $68.25 plus operator (2) Grader $68.25 plus operator Subsection (3) Oil Tanker $47.25 225 (4) Pickup Truck $ 8.40 plus operator Port and Harbor Tariff Regulations � Ci ,y of Seward, Alaska Revision Date: August 3, 2011, Effective January 1, 2013 19 (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 $31.50 plus labor (10) Smart Ash Burner $31.50 plus labor (11) 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 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. (e) Miscellaneous Charges (1) Meter test, each., when previous test occurred within 24 months $ 52.50 (4) Deposit $100.00 (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) Subsection 230 (b) Filing of forms and payment of fees. 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 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 (' ,� City of Seward, Alaska Revision Date: August 3, 2011, Effective January 1, 2013 20 1E* 2 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 be 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 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 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: (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 Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 2011, Effective January 1, 2013 21 ({' r � C.f.) 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 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: (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. Subsection 250 Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 2011, Effective January 1, 2013 22 1 `, 4 (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 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: (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; Port and Harbor Tariff Regulations * c, 3 City of Seward, Alaska Revision Date: August 3, 2011, Effective January 1, 2013 23 (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. (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 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. For all vessels over FIFTY FIVE (55) feet in length, an additional TWENTY ONE DOLLARS ($21.00) shall be charged for each foot of vessel length over fifty five (55) feet during the first hour of use or any portion of time less than one (1) hour. (3) Second and Additional Hours of Lift. For use of a lift in excess of one (1) hour, a fee of THREE HUNDRED FORTY SIX DOLLARS AND FIFTY CENTS ($ 346.50) per hour shall be charged. This charge shall be assessed in not less than fifteen (15) minute increments of EIGHTY SIX 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. (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. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 2011, Effective January 1, 2013 24 No C. 3 270 SHIPLIFT FEE (a) Description of Charge. The shiplift fee 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 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 m "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 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. 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.) Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 2011, Effective January 1, 2013 25 I E. Subsection 270 (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 Pla 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 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 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 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 C f iiy of Seward, Alaska Revision Date: August 3, 2011, Effective January 1, 2013 26 i. 6 (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: (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. (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. (2) Seward Marine Industrial Center. Lay time for upland storage in the Seward Marine Industrial Center shall be charged at a rate of fifteen cents ($0.15) per linear foot of the overall length of the vessel per calendar day. For stays of 180 consecutive days, the lay time shall be charged at a rate of thirty cents ($0.30) per linear foot of the overall length of the vessel per calendar day after the 180` day. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 2011, Effective January 1, 2013 27 - �, . L9 (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 squarefoot 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 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 Scrap (iron, steel) $ 3.15 Raw fish, unprocessed $ 3.15 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 $ 0.01 Petroleum products (diesel) per gallon $ 0.005Plastic material $ 4.20 Explosives $ 26.25 Vans or containers (net contents weight) $ 2.10 Vehicles (gross vehicle weight) $ 5.25 Bulk gravel $ 0.26 Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 2011, Effective January 1, 2013 28 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: 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. (c) Free 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. (d) Rates. After expiration of applicable free time, wharf demurrage will be assessed at the following rates (per day, per ton (2,0001bs.) 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 $105.00 /day /unit Upon prior arrangement with the Harbormaster, upland storage will be billed monthly at a rate of TWENTY -SIX CENTS ($.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 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: (1) Lay down areas are outside of 100' of water front immediately adjacent to the dock, wharf or ramp. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 2011, Effective January 1, 2013 29 ! J (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 Harbormaster. (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: August 3, 2011, Effective January 1, 2013 30 PORT AND HARBOR TARIFF REGULATIONS - 20442012 RULES, RATES, CHARGES AND REGULATIONS FOR PORT AND HARBOR FACILITIES CITY OF SEWARD, ALASKA SEWARD BOAT HARBOR, SEWARD MARINE CENTER AND SHIP LIFT SYSTEM o f sF� 9 a • qP CITY OF SEWARD P.O. BOX 167 SEWARD, AK 99664 Table of Contents Port and Harbor Tariff Regulations City of Seward, Alaska Revision Dale, August 3, 2011, 1;/,Jec7ive./anumy 1, 20/2 i PREFACE v Tariff Revisions Forms v 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 3 (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 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 (e) Right to Withhold Deliver of Freight 7 (f) Right to Sell for Unpaid Charges 7 (g) Explosives 7 (0) 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 8 145 MANIFESTS REQUIRED OF VESSELS 8 Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 20/1, / frecliveJanuary 1, 2012 it 154 150 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 00 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) I Iousekeeping 10 SECTION 1I - SERVICES AND CHARGES 11 200 MOORAGE 11 Outside the Small Boat Harbor 11 Within the Small Boat Harbor 1 1 (a) Assignment of Berths 11 (b) Waiting List for Permanent Slip Assignment 1 1 (c) Permanent Slip Assignments 11 (d) Permanent and Temporary (Transient) Slip Assignments 12 (e) Notice Upon Arrival 12 (t) Vessel Registration 12 205 MOORAGE RATES 12 (a) Calculation of Moorage Rates 12 (b) Daily Rates 13 (c) Annual Moorage Fees 13 (d) Moorage Rates for Slip Assignments 13 (e) Float Plane Fees 14 210 DOCKAGE 14 (a) Dockage Period 14 (b) Basis for Computing Charges 15 (c) Vessels Docked to Repair, Shore, Outfit or Fumigate 15 (d) Preference to Reserved Dock Use 15 (e) Berth May be Granted Before Payment 16 (1) Charges on Vessel Shifting 16 (g) Charges to Assisting Vessels 16 (h) Notice of Hazardous Cargo and Permit Requirement 16 (i) Dockside Lay Time 17 215 DOCKAGE RATES 17 (a) Daily Dockage Rate 17 (b) Monthly Dockage Rate 17 220 HANDLING, LOADING AND UNLOADING 18 Port and Harbor Tariff Regulations City of Seward, Alaska Revision Dare: August 3, 2011, IsffecliveJanuary 1, 2012 iii 225 LABOR AND SERVICE CHARGES 18 (a) Specific Services 18 (b) Labor /Personnel 19 (c) Equipment 19 (d) Special Services 20 (e) Miscellaneous Charges 20 230 PASSENGER FEES 20 (a) Fee 20 (b) Filing of Forms and Payment 21 231 CAPITAL RENEWAL AND REPLACEMENT FEE 21 235 ASSISTANCE TO BOATERS AND OTHER AGENCIES 21 240 BOAT LAUNCH RAMP FEES 21 (a) Operating Policy 21 (b) Launch Fees 22 245 PUBLIC SHOWERS 22 250 50 -TON TRAVELIFT 22 (a) Operating Policy 22 (b) Boat Lift Agreement 22 (0) Responsibilities 22 (d) Dockside Lay Time 23 255 50 -TON TRAVELIFT FEES 23 (a) Description of Charge 23 (b) Lift Fee 23 260 250 -TON TRAVELIFT 23 (a) Operating Policy 23 (b) Boat Lift Agreement 23 (c) Responsibilities 24 (d) Dockside Lay Time 24 265 250-TON TRAVELIFT FEES 24 (a) Description of Charge 24 (b) Lift Fee 24 270 SHIPLIFT FEE 25 (a) Description of Charge 25 (b) Lift Fee 25 (c) Basis for Computing Charges 25 (d) Preference to Reserved Use 25 (e) Berth May be Granted Before Payment 26 Port and Harbor Tariff Regulations City of Seward, Alaska Revision Dale: August 3, 2011, E/fective January 1, 2012 iv 1 C G (f) Inspection of Vessels on the Shiplift Platform 26 (g) Repairs to Vessels on the Shiplift System 26 (h) Notice of Hazardous Cargo and Permit Requirement 26 (i) Dockside Lay Time 26 (j) Lift Fee Rates 26 275 DAILY SHIPLIFT LAY CHARGE 27 (a) Description of Charge 27 (b) Lay Fee 27 (c) Basis for Computing Charges 27 (d) Rate 27 280 UPLAND STORAGE 27 (a) Area of Land Available 27 (b) Calculation of Rates 27 (c) Lay Time Rates 27 (d) Empty Cradles /Trailers 27 285 WHARFAGE 28 (a) Application of Charge 28 (b) Overside 28 (c) Overstowed Cargo 28 290 WHARFAGE RATES 28 (a) Schedule of Standard Rates 28 (b) Discount Rates Based on Guaranteed Payments 28 295 WHARF DEMURRAGE 29 (a) Description of Charge 29 (b) Calculation of Free Time 29 (c) Free time 29 (d) Rates 29 (e) Lay -Down Areas 29 Port and Harbor Tariff Regulations City of Seward. Alaska Revi.cion Date: August 3, 2011, hf/ectiveJanuary 1, 2012 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 dots 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 Lilt 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 Igth. length bbl. barrel m.b.m. 1,000 ft. board measure bdl. bundle meas. measure crt. crate min. minimum 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. 1.c.1. less than carload w/m weight ton of 2,000 lbs. or cubic ton of 40 cubic feet Idg. loading yd. yard Pori and Harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 2011, LfjectiveJanuary 1, 2012 vi r r; 0 .. J 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 Dale: August 3, 2011, Effective January 1, 2012 vii r (�l 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 be considered a holiday and, when a holiday falls on a Sunday, the following Monday will be 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.) (t) 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. (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: August 3, 2011, Effective January 1, 2012 1 2 C) ® 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 ofthe 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 Travel ift, 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 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 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 Revision Dale: Augusi 3, 2011, I:ffecliveJanuary 1, 2012 2 201 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 for 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, shipliftand 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: August 3, 20/1, lsfjiclive 1, 20/2 3 2V2 kf S ubsection 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 1 larbormaster; 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 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 Dale: August 3, 2011, LffectiveJanuary 1, 2012 -1 X1'3 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 of plant protection systems; breakdown of plant or machinery or equipment; or by floats, logs, piling or camel Togs 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. Shiplift 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 terns 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 Dare: August 3, 2011, I ; ; %jecrivc January I, 2012 5 l�' 1 Subsection 130 RIGI ITS 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: (I) 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: (I) 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: August 3, 2011, l ffeclive Januwy 1, 2012 6 `2 05 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 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 titre. 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 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 he 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. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 2011, Effective ,anuy 1, 2012 7 (3) Movement of Vessels to Reduce Congestion or Maximi :e Services. In his discretion, the Harbormaster shall at all times have the right to move or rearrange any vessel from its present location to any other location in order to reduce congestion within the harbor or to prevent disruption of customary services to the public. Subsection 130 (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 l67, 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 ofall 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. 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 Port and Harbor Tariff Regulations City of Seward, Alaska Revision Dote: August 3, 20/1, lffectiveJanuary 1, 2012 8 207 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 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 gal lons 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 tloats. 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 Ilarbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 20/1, FffectiveJanuary 1, 20/2 9 ', U 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 holder shall be responsible to see that said leakage or spillage is cleaned up immediately. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Dale: August 3, 2011, Ejjeclive January 1, 2012 /0 t A,. • 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 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 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 of THIRTY ONE DOLLARS AND FIFTY CENTS ($31.50) 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: August 3, 2011, Efective,anuary 1, 2012 11 .SJ f l i i 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 hack 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. 1f, 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. (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 days 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 be adversely affected. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Dale: August 3, 2011, Tf /ectiveJanuary 1, 2012 12 y- a (.J.. it Moorage charges shall be calculated on the overall length oldie vessel or the length of the float (slip) assigned, whichever is greater. Subsection 205 (b) Automatic Annual Adjustment in Moorage Rates. All moorage rates shall be adjusted annually so as to be effective as of January Is`, 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 s ' will reflect the upcoming January l adjusted rates. (For example, 24)1 -1 -2012 rates reflect an increase based on the average CPI for 2004 2008 2005- 2009). 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. (c) Transient (Guest) Daily Rates. With the exception of vessel owner /operators who have paid an anneal, semi- annual, or monthly fee in advance, ell temporary or transient moorage charges shall be calculated on the daily rate. The daily rate shall be S0.66 per lineal foot of overall length ofthe vessel. (See ,4ppendix A for a listing of Transient Moorage Rates according to vessel length): (2) Transient (Guest) Annual Rate. The Annual Rate shall be 549.61 per lineal foot. (3) Senri- Annual Rate. At the option ofthe 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 Paragrap /z 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 00 or before the first day of the calendar month six (6) months thereafter. (5) Monthly Rate. A t the option of the vessel owner/ operator, the annual moorage fee may bepaid in twelve equal monthly installments of eighteen percent (18 %) ofthe 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 ofthe calendar month every month thereafter. (d) Moorage Rates for Slip Assignments. Annual AlooragrFees. a • , - - • ty -elect to-pay-moorage fec,3 on an annual basis in advtwtee- Moorage charges shall Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 2011, hj /ectiveJanuary 1, 2012 13 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 A-Bfor a listing of moorage rates according to vessel length): Subsection 205 (1) The vessel owner /operator must complete - - ication 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) Annual Rate. The vessel owner /operator has paid the annual fee based on the length ofthe vessel, or, - - - - - , the length of the slip, whichever is greater. The Annual Rate shall be $43.85 $45.10 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) - - -- Onarterl} Rate .- At- tl +eoptione€ -the sesselo weer /oper+tor-,-rheannvsaf noor-age4eemay- bepaidits f&nr -equal quarterly-+ nstal- lnentsaff orty- €tvepercent-(45 %- ofileannu l- rateestabl +shed...above- Each- prepaid i all scent- deser+hed in this Paragraph represents three (3) cal od r months. The first instalment is due and paya - ser /operator completes the Application and- Agreement for Transient Moorage, and on or before 0 - . - lcnlar month-- 1'he- sueceed+n -payments- aretTue- on- or..hefore -the - first-day- ofthe- eale+sdar -month -every three (3) 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 %) ofthe 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. (5) 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 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 elcct to prepay the-annual- moorage-tee -in four quarterly4ostaNntenfs which represents- forty - five- pereera (15 %) of the annual fee due on or before December 31 ofthe 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 (1 8 %) 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. (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. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Dale: August 3, 2011, E/ 7'ctive.January 1, 2012 14 210 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) Subsection 210 (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 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. (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 (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. 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. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 2011, LffecttveJanuary 1, 20/2 /5 3 4 (4) 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 Subsection 210 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 fourteen (14) days prior to scheduled vessel arrival. (See also Section 1, 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. (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. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Dale: August 3, 2011, / feciive January 1, 2012 16 1.1.J (f) Charges on Vessel Shifting. When a vessel is shifted directly from one wharfor berth to another wharfor 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 Ha= ardous 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 Up to 500 ft. > — $ 0 . 6 h 501+ ft. S-4:514-$0. 66 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. (b) Monthly Dockage Rate. A monthly dockage rate 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 Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 2011, Effective January 1, 2012 17 r .z J (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. Bills sent out prior to January l will reflect the upcoming January adjusted rates. (For example, 204 -1 -2012 rates reflect an increase based on the average CPI for 2004-20082005-2009). 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 (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 CHARGE - 552.50. (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. (2) Electricity - Small Boat Harbor (i) All Vessels (except Transient Vessels staying 15 consecutive days or less. (e6-6eet $ 21.00 Electricity (per kilowatt hour) 1- 25 %,-o east `x(12 Customer charge (per month).. 518.19 (ii) Transient Vessels staying 15 consecutive days or less ConnectFee .................. ............................. ...........................None Electricity (daily rate)............ _ ........................ ............................... 120 volt ...................... _ ......... _............................. _ ........... $10.00 Port and //arbor Tariff Regulations City of Seward, Alaska Revision Darr: August 3, 2011, E/fecliveJanuary 1, 2012 /8 4. r � 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 ..821.00 525.00 (ii) Electricity (per kilowatt hour).. _........ $ tq tin -fu adjustment- fseAeF0.30 (iii) Customer charge (per month).. .............$15.75 538.00 (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 ofa 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; (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 tariffbut 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 ofa 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 Port and Harbor Tariff Regulations City of Seward, Alaska 1?evision Dale: August 3, 2011, 1:ffectiveJanuary 1, 2012 19 4 a J 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 Subsection (3) Oil Tanker $47.25 225 (4) Pickup Truck $ 8.40 plus operator (5) Crane Truck $12.60 plus operator (6) Flatbed '£ruck $15.75 plus operator (7) Dump Truck $47.25 plus operator (8) Back Hoe $31.50 plus operator (9) Pumps $31.50 plus labor (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 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. (e) Miscellaneous Charges (1) Meter test, each., when previous test occurred within 24 months $ 52.50 -)-------- Reeonnieetion- to- apprwved -e i- sting+rteter- installation dtrrirtg -regular - business•hours { - 84441174117— 57480 p m ).. - -- :-. $--2 -2.05 (3) — installation otfside regular business -hours — $147.00 Port and Harbor Tariff Regulations City of Seward, Alaska Revision nate: Aligns!' 3, 2011, EJJeclivcJans 1, 2012 20 21 . (4) Deposit $100.00 (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) Subsection 230 (b) Filing offorms 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 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 be 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 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 harbor. 235 ASSISTANCE TO BOATERS AND OTHER AGENCIES FEES Port and !/arbor Tariff Regulations City of Seward, Alaska Revision Dole: .August 3, 20/1, h, /fecliveJanuary 1, 2012 21 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 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 pennit. 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 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 Dole: August 3, 2011, L'[Jective,January /, 2012 22 r; (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. 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 110 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. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 2011, Affective January 1, 2012 23 2' 9 (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: (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 lilt requirements to avoid vessel damage. (c) Responsibilities. The vessel owner /operator, or his agent, must be present during all vessel Tilts 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. (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. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Dale: August 3, 2011, LffecliveJanuary 1, 2012 24 2 3 (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 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. For all vessels over FIFTY FIVE (55) feet in length, an additional TWENTY ONE DOLLARS ($21.00) shall be charged for each foot of vessel length over fifty five (55) feet during the first hour of use or any portion of time less than one (1) hour. (3) Second and Additional Hours of Lift. For use of a lift in excess of one (1) hour, a fee of THREE HUNDRED FORTY SIX DOLLARS AND FIFTY CENTS ($ 346.50) per hour shall be charged. This charge shall be assessed in not less than fifteen (15) minute increments of EIGHTY SIX 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. (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 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 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 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. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 2011, EffectiveJanuaty 1, 2012 25 i (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. Should the permit holder, subsequent to submission of this forth, 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 tile 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.) Subsection 270 (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 (I) 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. (c) 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 lilting. (f) Inspection of Vessels on the Shiplift Platform. Except in extraordi nary 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 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 Port and Harbor Tariff Regulations City of Seward, Alaska Revision Dale: August 3, 2011, Effective January I, 2012 26 J 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 least twenty-four (24) hours prior to landing or use of the shiplitt 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. (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 SHIPLI 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: (1) Space is made available on a first -come, first served basis. Port and Harbor Tariff Regulations City of Seward. Alaska Revision Dare: August 3, 2011, 8ffecviveJanuary 1, 2012 27 (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. (4) Seward Marine Industrial Center. Lay time for upland storage in the Seward Marine Industrial Center shall be charged at a rate of fifteen cents ($0.15) per linear foot of the overall length of the vessel per calendar day. For stays of 180 consecutive days, the lay time shall be charged at a rate of thirty cents ($0.30) per linear foot of the overall length of the vessel per calendar day after the 180` day. (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 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 Port and harbor Tariff Regulations City of Seward, Alaska Revision Dole: August 3, 2011, hfective January 1, 2012 28 Freight N.O S. $ 3.15 Scrap (iron, steel) $ 3.15 Raw fish, unprocessed $ 3.15 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 Petroleum products (diesel) per eallon $ 0.005 Plastic material $ 4.20 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 ofactual 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: 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. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Dale: Augu.cl3, 2011, li(fec(iveJanuary 1, 2012 29 I� C. 3 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 five days will be allowed on all inbound traffic. Free time of ten days will be allowed on all outbound traffic. i (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 $105.00 /day /unit Upon prior arrangement with the Harbormaster, upland storage will be billed monthly at a rate of TWENTY -SIX CENTS ($.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 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: (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 Harbormaster. (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: Augus! 3, 2011, F,f/eclive.January 1, 2012 30 9 PORT AND HARBOR TARIFF REGULATIONS - 2013 RULES, RATES, CHARGES AND REGULATIONS FOR PORT AND HARBOR FACILITIES CITY OF SEWARD, ALASKA SEWARD BOAT HARBOR, SEWARD MARINE CENTER AND SHIP LIFT SYSTEM of Spw 4 00 : 1P CITY OF SEWARD P.O. BOX 167 SEWARD, AK 99664 Port and Harbor Tariff Regulations City of Seward, Alaska Revision Dale: August 3, 2011, Bffeclive January 1, N)/22013 i 230 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 Tarif 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 3 (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 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 (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 Dale: Augusu 3, 2011, lif/ectiveJanuary 1, 201 -22013 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 MOORAGF 11 Outside the Small Boat Harbor 11 Within the Small Boat Harbor 11 (a) Assignment of Berths 1 1 (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 (1) Vessel Registration 12 205 MOORAGE RATES 12 (a) Calculation of Moorage Rates 12 (b) Daily Rates 13 (c) Annual Moorage Fees 13 (d) Moorage Rates for Slip Assignments 13 (e) Float Plane Fees 14 210 DOCKAGE 14 (a) Dockage Period 14 (b) Basis for Computing Charges 15 (c) Vessels Docked to Repair, Shore, Outfit or Fumigate 15 (d) Preference to Reserved Dock Use 15 (e) Berth May be Granted Before Payment 16 (t) Charges on Vessel Shifting 16 (g) Charges to Assisting Vessels 16 (h) Notice of Hazardous Cargo and Permit Requirement 16 (i) Dockside Lay Time 17 215 DOCKAGE RATES 17 (a) Daily Dockage Rate 17 (b) Monthly Dockage Rate 17 220 HANDLING, LOADING AND UNLOADING 18 Port and Harbor TarrffRegulations City of Seward Alaska Revision Dale: August 3, 2011, kfleciiveJanuary 1, 204 iii ra 225 LABOR AND SERVICE CHARGES 18 (a) Specific Services 18 (b) Labor /Personnel 19 (c) Equipment 19 (d) Special Services 20 (e) Miscellaneous Charges 20 230 PASSENGER FEES 20 (a) Fee 20 (h) Filing of Forms and Payment 21 231 CAPITAL RENEWAL AND REPLACEMENT FEE 21 235 ASSISTANCE TO BOATERS AND OTHER AGENCIES 21 240 BOAT LAUNCH RAMP FEES 21 (a) Operating Policy 1 1 (b) Launch Fees 22 245 PUBLIC SHOWERS 22 250 50 -TON TRAVELIFT 22 (a) Operating Policy "2 (b) Boat Lift Agreement 22 (c) Responsibilities 22 (d) Dockside Lay Time 23 255 50 - TON TRAVELIFT FEES 23 (a) Description of Charge 23 (b) Lift Fee 23 260 250 TRAVELIFT 23 (a) Operating Policy 23 (b) Boat Lift Agreement 23 (c) Responsibilities 24 (d) Dockside Lay Time 24 265 250 TRAVELIFT FEES 24 (a) Description of Charge 24 (b) Lift Fee 24 270 SHIPLIFT FEE 25 (a) Description of Charge 25 (b) Lift Fee 25 (c) Basis for Computing Charges 25 (d) Preference to Reserved Use 25 (e) Berth May be Granted Before Payment 26 Port and harbor Tariff Regulations City of Seward, Alaska Revision Dale: August 3, 2011, /4jectiveJanuary 1, 201,2013 iv .�J (f) Inspection of Vessels on the Shiplift Platform 26 (g) Repairs to Vessels on the Shiplift System 26 (h) Notice of Hazardous Cargo and Permit Requirement 26 (i) Dockside Lay Time 26 (j) Lift Fee Rates 26 275 DAILY SHIPLIFT LAY CIIARGE 27 (a) Description of Charge 27 (b) Lay Fee 27 (c) Basis for Computing Charges 27 (d) Rate 27 280 UPLAND STORAGE 27 (a) Area of Land Available 27 (b) Calculation of Rates 27 (c) Lay Time Rates 27 (d) Empty Cradles/Trailers 27 285 WHARFAGE 28 (a) Application of Charge 28 (b) Overside 28 (c) Overstowed Cargo 28 290 WHARFAGE RATES 28 (a) Schedule of Standard Rates 28 (b) Discount Rates Based on Guaranteed Payments 28 295 WHARF DEMURRAGE 29 (a) Description of Charge 29 (b) Calculation of Free Time 29 (c) Free time 29 (d) Rates 29 (e) Lay -Down Areas 29 Port and Harbor Tariff Regulations City of Seward, Alaska Revision Dale: Augttsl 3, 2011, EJJeciive.January 1, 2#H2013 v 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 Igth. length bbl. barrel m.b.m. 1,000 fft board measure bdl. bundle meas. measure crt. crate min. minimum 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.l 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 Idg. loading yd. yard Port and Harbor Tariff Regulations City of Seward, Alaska Revision Dale' August 3, 2011, lif/eclive./anuary 1, 20422013 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 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 Dale: Augusi 3, 2011, Lf(ectiveJanuary 1,244-22013 vii I � J ia 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 be considered a holiday and, when a holiday falls on a Sunday, the following Monday will be 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. (11) 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 shiplifl 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 Dole: August:, 2011, lif/ecriveJanuary 1, 211122013 1 ! C, 2J 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) 7'arii fEffective. 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 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 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 Ilarbor TarrffRegulations City of Seward, Alaska Revision Dale: August 3, 2011, LfjecriveJanuary 1, 20122013 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, shiplifl 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 for 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: August 3, 2011, Rfjective January 1, 20122013 3 23 9 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 (I) 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 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 Dale: August 3, 20 /1, I f/ectiveJanuary 1, 201220/3 4 2 40 Subsection 125 The City of Seward, its employees and agents are not responsible for loss or damage caused by tire, 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. Shiplift 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: August 3, 2011, Effective January 1, 2012201.3 5 t� i 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 Harbonnaster 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 Dale: August 3, 2011, E/f'ctive January 1, 20122013 6 0 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 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 owner of the freight. (t) 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 Reprove, Transfer or Rearrange Vessels. ( I) 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. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Dale: August 3, 2011, Bf /ective.1anuary 1, 20122013 7 `` 4 J (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 location to any other location in order to reduce congestion within the harbor or to prevent disruption of customary services to the public. Subsection 130 (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 ofthe 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 ofthe following items: (i) fuel; (0) 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 ofthe shiplift system shall exercise due care for the protection of life and property and the protection of the public from injury or damage. 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 Port and Harbor Tariff Regulations City of Seward, Alaska Revision Dole: Angus! 3, 2011, EfecliveJanuary 1, 20122013 8 44 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 Ha= ardous 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 Dale: August 3, 2011, 13ffectiveJanuary 1, 20122013 9 L4 3 160 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 compl iance 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 holder shall be responsible to see that said leakage or spillage is cleaned up immediately. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Dale: August 3, 2011, Ef/ectiveJanuary 1, 20122013 /0 n 4 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 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. (h) Waiting List for Permanent Slip Assignment. Due to the demand for slips on the City of Seward float system, vessels will be assigned permanent sl ips 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 of THIRTY ONE DOLLARS AND FIFTY CENTS ($31.50) 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: August 3, 2011, F(jeciiveJanuary 1, 201 '2013 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. (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 Harbormaster 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: August 3, 2011, hf/ectiveJanuary 1, 2042012 12 Moorage charges shall be calculated on the overall length of the vessel or the length of the float (slip) assigned, whichever is greater. Subsection 205 (b) Automatic Annual Adjustment in Moorage Rates. All moorage 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 puhlished by the United States Department of Labor, Bureau of Labor Statistics. Bills sent out prior to Formatted: Font color: Red January 1' will reflect n increase based on the average t CPI or,201114 -2 t08 rates. 0 (For 0 92006 X 010) F 201? 2013 rates {Formatted Font color: Dark Red 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 puhlished 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. (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 $0.66 per lineal foot of overall length of the vessel. (See Appendix A for a listing of Transient Moorage Rates according to vessel length): (2) Transient (Guest) Annual Rate. The Annual Rate shall be $4941 - 55091 per lineal foot. (3) Semi-Annual Rate. At the option of the vessel owner /operator, the annual mooragefee 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. (5) Monthly Rate. At the option of the vessel owner /operator, the annual mooragefee may be paid in twelve equal nnonthly 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, 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 mouth thereafter. (d) Moorage Rates for Slip Assignments. , rnma(-4feorage- Fees-Un der- hc l'ollowingconditions,a- seise) Formatted: Not Strikethrough ovv1ser /o orator may elect to pay moorage # p ° � p: b cos 00 an annual basis in advance 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 port and Harbor Tariff Regulations City of Seward, Alaska Revision Dale: August 3, 2011, Lj/ectiveJanuary L.244-22013 13 4 9 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): { Formatted: Font: 12 pt, Not Strikethrough Subsection 205 (1) The vessel owner /operator must complete Pas complete d an Application and Agreement- for - - f Formatted: Not Strikethrough 4r- ans+ent Moorage, or, in the case of a permanently assigned berth, an Application and Agreement for Reserved Moorage, in the font attached to this tariff (2) Annual Rate The vessel owner /operator has paid the annual fee based on the length of the vessel, or, -t e ease- of•a- f7ernianently assigned berth, the length of the slip, whichever is greater. The f Formatted: Not Strikethrough Annual Rate shall be $,,43 -85 $45.10546.28 per lineal foot. — — .Formatted: Not Strikethrough (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. j4) - - - - E)ttarierly Rorie . At the option of theyessel owner (tperator, the armor} r +ioor-age fee may -be -paid -- l Formatted: Not Strikethrough in- four- equal -quarterly- a+stallmetts'of forty -five percent- (45 %,).. f-4he...annual rate. established above, -- Each-prepaid - installment - deser+ bed -nit- this- Paragraplxepresents- three- (3)calen dar- months, The - €irst -- install +ment -is- due -and -- payable -on -the datetbe - vessel- ownerioperator -- completes -the Application-and - Agree memt #or- Transient - Moorage and-on-or before-the.first-dayofany-calendar month -The- sure-eedingpayments aretue oiror- before- the -fir ay-of the calendar-month-every three (3)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, 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. (5) 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 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 e-ssolove tql- pe+ator+nay-alr,o eleet-te pre is armual- rnaorage -fee-in tour - quarterly installments, each of which r sents- fcmty- i ve pe eent (15 %) of the anr+tnat- fee- c#ue -on-s s-- (bra December 31 oldie preceding year and N4areh /4- 4nne -l4), and `. pteti+b.r 34) of tho current yen -. 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. (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. 210 DOCKAGE Port and Harbor Tariff Regulations City of Seward. Alaska Revision Dare: Augusi 3, 2011, Effective January 1, 241-22013 14 25 3 (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. ( Subsection 210 (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 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. (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 (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. 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. (41 (_.).__..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 Port and harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 2011, Effective January 1, 20122013 /5 1,r 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 Subsection 210 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 fourteen (14) days prior to scheduled vessel arrival. (See also Section 1, 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. (8) In addition to the teens 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. (t) 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. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Dare: August 3, 2011, Effective January 1, 204-22013 16 (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. "fhe 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 Up to 500 ft. 8 0.58 50:6650_68 501+ ft. 8 0.58 50.66.50.68 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. (b) Monthly Dockage Rate. A monthly dockage rate equal to one- half(1 /2) of the total daily dockage rate for one month may be granted as follows: (I) 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 e , to reflect the five previous published years' average increase Port and Harbor 7ariff Regulations City of Seward, Alaska Revision Dole: Augu.s1 3, 2011, Effecltve January 1,241-22013 17 /J 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 s ' will reflect the upcoming January l s ` adjusted rates. (For example, 204-1-3012-2013 rates reflect an increase based on the average CPI for "001 2008 2005 28092006 - 2010). 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 (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 CHARGE - $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. (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) l25 °/ of east 50.2350.24 Customer charge (per month)_ ..................... .............................$1 -545 $4- 134919.10 (ii) Transient Vessels staying 15 consecutive days or less Connect Fee.. .None Electricity (daily rate). l20 volt ........ ............................... ........................ _ ............ $10.00 208 volt /single phase.. .$20.00 208 volt/three phase.. .$40.00 Customer charge (per month) ............ ......... ........................_ ....... Port and Harbor Tarty Regulations City of Seward. Alaska Revision Dote: August 3, 2011, Effective January 1, 20122013 18 5 • (3) Electricity - Seward Marine Industrial Center (i) Connect fee — 421.00 525.00526.25 u Electricity (per kilowatt hour $ 0.19 lr 30.3030.32 (iii) Customer charge (per month) .........._ .................... ...................61..5 -7 -5 $34,00$39.90 Electric Dept submitting a 5% increase overall for 2013 (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, 0 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; (0) 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. Port and Harbor Tariff Regulations City of Seward. Alaska Revision Dale: August 3, 2011, AffeciiveJanuary 1, 201 /9 (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 $6825 plus operator Subsection (3) Oil Tanker $47.25 225 (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 $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. (e) Miscellaneous Charges (1) Meter test, each., when previous test occurred within 24 months $ 52.50 (2) ................R flnneetis>is...tt.3...appr oved- existing -meter...is }stallatic»i._di+ri ng reeula+- busk ...hours- {8 -00 a +)) :..._. E+ + -) :- .. -: -:- ........... 22 -41:5 (,) ...__..- Recenrtectiomto- approvel- existiEtg.- meter; .....- _._installat+ois<ut side- reguhsr-busi + +ess4ieuri - : -: - -- -- ..:- .....,.. $147:4I<a (4) Deposit $100.00 (5) Tampering with or unauthorized breaking of meter seal $525.00 Port and Harbor Tariff Regulations City of Seward, Alaska Revision Dale: August 3, 2011, F,lfecliveJanuary 1, 21 422013 20 1 r (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) Subsection 230 (b) Filing of forms and payment of fees. Prior to January I 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 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 be 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 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 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 Port and Harbor Tariff Regulations City of Seward, Alaska Revision Dale: Augu.sl 3, 2011, l;'f(eciive January 1, 201 -2101 3 21 : 'v7 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 TRAVELIFT (a) Operating Policy. The City owns and operates a 50 -ton Travelift in the Small Boat Harbor. The Harbomiaster generally schedules vessel lifts on a first -come, first- served basis, but he may deviate from that policy or refuse a 00 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: (1) Vessel displacement; (2) Vessel hull type and configuration; Port and Harbor Tariff Regulations City of Seward, Alaska Revision Dale: August 3, 2011, i fjecrive January /, 2012201 22 r It (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 liti 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 titled, 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 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 I i t) 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 Port and ) Harbo Tariff 3, Regulations City of Seward, Alaska Revision Effective January 1, 20-1420J3 23 cl f. (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 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. (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 ( I) 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 Port and Harbor Tariff Regulations City of Seward Alaska Revision Dale: August 3, 2011, Effective January 1, 20122013 2-1 960 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 Toss 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. For all vessels over FIFTY FIVE (55) feet in length, an additional TWENTY ONE DOLLARS ($21.00) shall be charged for each foot of vessel length over fifty five (55) feet during the first hour of use or any portion of time less than one (1) hour. (3) Second and Additional Hours of Lift. For use of a lift in excess of one (1) hour, a fee of THREE HUNDRED FORTY SIX DOLLARS AND FIFTY CENTS ($ 346.50) per hour shall be charged. This charge shall be assessed in not less than fifteen (15) minute increments of EIGHTY SIX 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. (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 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 aftermost part of the stern of the vessel, measured parallel to the base Tine 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 pen holder may secure a reservation under the following conditions: (I) Request for reservation is made on a Vessel Shiplift Use Application (sec "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. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Dale: Augu.si 3, 2011, Effeclive January 1, 20122013 25 G • (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. 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.) Subsection 270 (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. (c) 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. (t) 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 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 ofa 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 Port and Harbor Tariff Regulations City of Seward, Alaska Revision Dale: August 3, 2011, 1 ffeclive January 1, 20122013 26 ,,6 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 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 he 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. (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 Tess 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. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Dote: August 3, 2011, lsffectiveJanuary 1, 20122013 27 (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 often (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. (4) (2). Seward Marine Industrial Center. Lay time for upland storage in the Seward Marine Industrial Center shall be charged at a rate of fifteen cents ($0.15) per linear foot of the overall length of the vessel per calendar day. For stays of 180 consecutive days, the lay time shall be charged at a rate of thirty cents ($0.30) per linear foot of the overall length of the vessel per calendar day after the 180 day. (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 ofCharge. 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 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 WIIARFAGE 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 Poles, logs, cants or cut finished lumber Port and harbor Tariff Regulations City of Seward, Alaska Revision Date: August 3, 2011, Ef/ective January 1, 204 -2201: 28 per MBM (Note: 2,000 Ibs 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 $ 0.01(15 Petroleum products (dieselZper gallon ........ $ 0,005 Plastic material $ 4.20 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: 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. (c) Free tune. Free time of five days will be allowed on all inbound traffic. Free time of ten days will be allowed on all outbound traffic. (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): Port and Harbor Tariff Regulations City of Seward. Alaska Revision Dale: August 3, 2011, EffeciiveJanuary 1, 20122013 29 ` r+y 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 $105.00 /day /unit Upon prior arrangement with the Harbormaster, upland storage will be billed monthly at a rate of TWENTY -SIX CENTS ($.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 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: (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 Harbormaster. (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 Dale: August 3, 2011, EffectiveJonnary 1, 24 22013 30 /" n Agenda Statement Meeting Date: October 24, 2011 H sel To: Mayor and City Council From: Johanna Kinney, City Clerk J\( — Agenda Items: Motion to Refer At the August 22, 2011 Council Meeting, Ordinance 2011 -004, Amending Portions Of Seward City Code 15.10.140 Definitions To Change, Update And Accommodate The Wishes Of The Public, came to the City Council for introduction by the Planning and Zoning Commission. A motion was made and seconded to put Ordinance 2011 -004 on the floor and after discussion occurred regarding needing more explanation on the changes proposed for council approval, the Ordinance was postponed to the October 24, 2011 meeting. During this time, work sessions were held on the Planning and Zoning Commission level, and new public testimony was made on several items. It is now the suggestion of the Planning and Zoning Commission for Council to refer this Ordinance back to the commission for further modifications. It was also discussed on the council level to hold a work session on the updates to the Title 15 definitions and tables. After this work session, the Commission intends to approve new recommendations based on council and public input and then bring to council at that point. Typically, it would be recommendation of the City Clerk for the Council to make a motion to refer this to the Planning and Zoning Commission for a time certain, but in this instance it is not required and would be best if left open due to the number of vacancies on the commission — it would be difficult to determine when the Commission can meet and approve a new resolution to bring forward an Ordinance for council consideration. RECOMMENDATION: The City Clerk's Office recommends council refer Ordinance 2011 -004 back to the Planning and Zoning Commission for further review. This can be done by having a motion made and seconded. Suggested language: Member: I move to refer Ordinance 2011 - 004 to the Planning and Zoning Commission. This motion will require a second. Once obtained, it can go on the floor for discussion of referring only. After discussion, the chair can call for the vote. Note: The motion to refer: - -needs a second - -is debatable - -is amendable 267 - -needs four votes for approval Sponsored by: Planning and Zoning Commission Introduction Date: August 22, 2011 Postponed To: October 24, 2011 Public Hearing Date: Enactment Date: CITY OF SEWARD, ALASKA ORDINANCE 2011 -004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING PORTIONS OF SEWARD CITY CODE 15.10.140 DEFINITIONS TO CHANGE, UPDATE AND ACCOMMODATE THE WISHES OF THE PUBLIC WHEREAS, the Planning and Zoning Commission held numerous public work sessions on Title 15 updates, the 2/22/2011, 3/22/2011, 4/26/2011, 5/17/2011, 6/07/2011, 6/21/2011 and 7/19/2011, specifically addressed 15.10.140 Definitions; and WHEREAS, the Planning and Zoning Commission wishes to respond to the concerns and requests of the public and promote economic growth; and WHEREAS, it is in the public interest to maintain a city code that reflects community needs; and WHEREAS, at its August 2, 2011 meeting, the Planning and Zoning Commission held a public hearing and recommended City Council approval of the proposed City Code amendments. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code is hereby amended to read as follows: Title 15.10.140 is hereby amended as follows: (Sleughs = deletions and are bold, Underline = additions and are bold Italic) 15.10.140 -- Definitions A. General interpretation. 1. Words used in the present tense include the future tense. 2. The singular number includes the plural. 3. The word "person" includes a corporation as well as an individual. 4. The word "lot" includes the word "plot" or "parcel." 5. The term "shall" is always mandatory. 6. The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended," "arranged," or "designed to be used or occupied." B. Specific definitions. (parenthetical references are for cross reference only) In this chapter, unless otherwise provided or the context otherwise requires: L. Accessory building. A detached structure that: CITY OF SEWARD, ALASKA ORDINANCE 2011 -004 Page 2 of 18 Is clearly incidental to and customarily found in connection with a principal building or use; C8Z Is subordinate to and serves a principal building or use; tcl Is subordinate in area, extent or purpose to the principal building or use served; /AI Contributes to the comfort, convenience or necessity of occupants, business or industry in the principal building or use served; and Lei Is located on the same or adjacent lot under the same ownership as the principal building or use served. An accessory building shall be considered to be a part of the main building when joined by a common wall or connected by a breezeway to the main building. Accessory building means any structure regardless of type of foundation or base support, including skid- mounted or other moveable structures. (Accessory or mother -in -law apartment: See dwelling, efficiency apartment) 2. Agriculture. Commercial farming, dairying, pasturage, horticulture, floriculture, viticulture, or animal and poultry husbandry including buildings used to shelter farm implements, hay, grain, poultry, livestock or other farm produce in which there is no human habitation and which is not used by the public. 3. Airport. A place where aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair, various accommodations for passengers, and business lease sites. 4. Alley. A dedicated public way which affords a secondary means of access to abutting property and not intended for general traffic circulation. 5. Alteration. Any change, addition or modification in the construction, location or use of a building. 6. Amusement and recreation facility. Establishment engaged primarily in providing entertainment for a fee including such activities as bowling alleys, billiards and pool, dance hall, pinball machines, video games or other similar player- operated amusement devices. 7. Antenna. A device used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based structures. Includes satellite dish. (Apartment. See Dwelling) 8. Auto repair station. A place where a qualified automotive mechanic provides services such as general motor vehicle and engine repair, reconditioning or rebuilding, CITY OF SEWARD, ALASKA ORDINANCE 2011 -004 Page 3 of 18 and collision service including body, frame and fender straightening and repair, painting and undercoating of motor vehicles. 9. Auto service station. A place used primarily for the retail dispensing of motor fuels and/or installation of tires, batteries and other accessories and services which do not customarily or usually require the services of a qualified automotive mechanic. Also known as a gas station. (Bed and breakfast. See Lodging) (Boarding or rooming. See Lodging) 10. Brewpub. An establishment that is primarily an eating place which includes the brewing of beer as an accessory use. Brewing is for on- premise consumption. 11. Building. Any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind. 12. Building area. A total area taken on a horizontal plane at the main grade level of the principal building and all accessory building, exclusive of external steps. 13. Building, existing. A building erected prior to the adoption of this code or one for which a legal building permit has been issued. 14. Building height. The vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum, which must be between the building and the property line or in a dedicated public right - of-way that is accessible to fire suppression personnel and rescue equipment, shall be selected by either of the following, whichever yields the greater height of building: The elevation of the highest adjoining sidewalk or ground surface within a five -foot horizontal distance of the exterior wall of the building when such a sidewalk or ground surface is not more than ten feet above the lowest grade; or fkl An elevation ten feet higher than the lowest grade when the sidewalk or ground surface described in subsection (1) above is more than ten feet above the lowest grade. The height of a stepped or terraced building is the maximum height of any segment of the building. 15. Building, principal or main. A building in which is conducted the principal or main use of the lot on which the building is situated. Attached garages, porches and carports shall be considered to be part of the principal building. (Bunkhouse. See Housing) 2 7 1 CITY OF SEWARD, ALASKA ORDINANCE 2011 -004 Page 4 of 18 16. Business, general sales. A premises where the sale of goods or commodities to the consumer takes place; i.e., groceries; bakeries; hobby, knot or yarn shops, book, gift or apparel shops; fishing equipment, hardware or vehicle sales; restaurants; vehicle rentals or variety stores. 17 Business, personal service. The conduct of business where personal assistance is offered for compensation; i.e., dressmaking, tailoring, barbers and beauty, etc. 18. Campground. A plot of ground upon which two or more campsites are located, established or maintained for occupancy by tents or recreation vehicles as temporary living quarters for recreational or vacation purposes. 19. Campground, employee. An area operated by an established business with high seasonal employment of transient workers as a housing alternative and not construed to be a construction camp. 20. Child care, licensed center. In accordance with Alaska Statutes, a building where adult care, protection and supervision is provided for children other than the owner's or operator's. Also called day care, nursery school, pre - school and kindergarten. 21. Child care, licensed home. In accordance with Alaska Statutes, a private residence where adult care, protection and supervision is provided for children other than the occupant's. Also called day care, nursery school, pre- school and kindergarten. 22. Church. A building, structure or group of buildings or structures primarily intended for conducting organized religious services and associated accessory uses. The definition of a church shall be dependent upon U.S. Internal Revenue Service and the Kenai Peninsula Borough Assessor's Office interpretation. A standard single family residence not remodeled for public meetings shall not be considered a church. 23. Clinic. A building or portion thereof containing offices and facilities for providing out - patient medical, dental or psychiatric services, and which may include a dispensary to handle medication and other merchandise prescribed by physicians in connection with their medical practice. 24. Club, private. A building and related facilities owned or operated by a corporation, association or group of individuals established for the fraternal, social, educational, recreational or cultural enrichment of its members, but not primarily for profit, and whose members meet certain prescribed qualifications for membership and pay dues. Includes lodges. 25. Cluster subdivision. A development design technique that permits a reduction in lot area provided there is no increase in the number of lots permitted under a conventional subdivision or increase in overall density of development by concentrating buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space and preservation of environmentally sensitive areas. 2 rr 1 CITY OF SEWARD, ALASKA ORDINANCE 2011 -004 Page 5 of 18 (Commercial building apartment. See Dwelling) 26. Commercial use. An occupation, employment or enterprise that is carried on for profit by the owner, lessee or licensee. (Condominium. See Dwelling) (Convalescent or nursing home. See Housing) 27 Convenience store. A small -scale neighborhood grocery establishment offering for sale prepackaged food products, household items and other goods commonly associated with the same and having a gross floor area of less than 5,000 square feet. (Dormitory. See Housing) 28. Drinking establishment. Any premises wherein the principal purpose is the retail sale of alcoholic beverages for consumption on the premises and minors are excluded therefrom by law. Includes bar, cocktail lounge, tavern and nightclub. 29. Drive -in facility. Any portion of a building or structure which by design permits customers to receive services, obtain goods or be entertained while remaining in their motor vehicles. 30. Dwelling. A building designed or used exclusively as living quarters for one or more families. ( Apartment. Any portion of a building which is designed, built, rented, leased, let or hired out to be occupied or which is occupied as the home or residence of an individual for daily living and doing his own cooking independently of any other individual or family in the same building (see "dwelling "). Apartment, owner or manager. An apartment within a building that is designed to be used exclusively as the living quarters for the owner or manager family of that building or a commercial business located in the building. lI Condominium. A form of housing ownership by which a person may purchase and own one dwelling unit in a multi -unit building or development. Each owner owns a common interest in such things as the underlying land, common walls, stairwells, elevators, lobbies, laundry rooms and recreation rooms. ttL Commercial building apartment. An apartment located within a building designed to accommodate a mix of residential and commercial uses. , p..; 9 r CITY OF SEWARD, ALASKA ORDINANCE 2011 -004 Page 6 of 18 fel Efficiency apartment (also called accessory, mother - in - law, or studio). A single separate dwelling unit consisting of not more than one habitable room which includes combined kitchen, dining and sleeping areas with accompanying sanitary facilities, and which is located within or shares a common wall with a single family dwelling. W Guest house. An accessory building occupied on a temporary basis solely by non - paying guests. !gl Mobile home. A factory -built home designed to be used as a year - round residential dwelling and originally designed and mounted on wheels and/or axle supports for transportation by another vehicle. ILI Modular home. A factory -built residential structure that is transportable in one or more sections, is built on a permanent chassis, and is used as a place of human habitation, but which is not constructed with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame. Includes factory -built and manufactured home. !'L Multiple family. A building designed as a residence for three or more families, with the number of families in residence not exceeding the number of dwelling units provided and each living independently of the other under one roof. Single attached. A building containing two or more dwelling units, each of which has primary ground floor access to the outside and which are attached to each other by party walls without openings. Also commonly called townhouse, row house and zero -lot line. Lisi Single detached. A building designed and /or used exclusively for occupancy of one family and entirely surrounded by open space on the same lot. al Two or duplex. A building containing two single - family dwelling units totally separated from each other by an unpierced wall extending from ground to roof or unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units. Lnil Unit, dwelling unit. A building or separate portion thereof containing kitchen, living, sleeping accommodations and at least one bathroom and designed to be occupied exclusively as a residence by one family (see "Apartment "). 41x' CITY OF SEWARD, ALASKA ORDINANCE 2011 -004 Page 7 of 18 !'� Watchman or caretaker dwelling. An accessory dwelling associated with a commercial or industrial building or structure for the purpose of housing a watchman or caretaker and immediate family. (Efficiency apartment. See Dwelling) 31. Family. Any number of individuals not necessarily related by blood, marriage, adoption or guardianship living together in a dwelling unit as a single housekeeping unit and distinguished from a group occupying a rooming house, club, fraternity house or hotel. 32. Farm animal. Any cow, horse, mule, goat, sheep, pig, chicken, or other similar animal commonly kept as livestock. 33. Flea market. An occasional or periodic sales activity held within a building or open area where groups of individual sellers offer goods, new and used, for sale to the public, not to include private garage sales. 34. Floor area, useable. That area used for or intended to be used for the sale of merchandise or services or as leasable office space as measured from the interior surfaces of the walls enclosing that part of the building. Such floor area which is used or intended to be used for the storage or processing of merchandise, hallway or for utilities or sanitary facilities is excluded from this computation of useable floor area. 35. Fractions. In the determination of density, required parking spaces or other requirements of this code, computations resulting in a fractional number of 0.50 or above shall be considered the next larger whole number. 36. Garage, private. An accessory building or portion of a main building designed or used solely for storage of motor vehicles, boats and similar vehicles owned by the occupants of the building to which it is accessory. 37 Greenhouse, commercial. A light - permeating structure used for cultivating and growing plants in a controlled temperature and humidity environment where such plants are offered for sale either on the premises or at another location. (Group care home. See Housing) (Guest house. See Dwelling) 38. Guide service. Any premises used for collecting or returning persons from recreation trips when remuneration is provided for the service. (Halfway house. See Housing) i CITY OF SEWARD, ALASKA ORDINANCE 2011 -004 Page 8 of 18 39. Health club. Includes, but is not limited to, gymnasiums (except public), private clubs (athletic, health or recreational), reducing salons and weight control establishments. 40. Historic district. An area containing buildings or places in which historic events occurred or having special public value because of notable architectural or other features relating to the cultural or artistic heritage of the community of such significance as to warrant conservation and preservation. 41. Home occupation. Any use customarily conducted entirely within a dwelling, or its accessory building, and carried on by the occupants thereof, which is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof, and in connection with which there is no exterior sign, no display or stock in trade, no outside storage of materials or equipment, no commodity sold upon the premises and not more than two persons are engaged in such occupation. 42. Home professional office. A home occupation consisting of the office of a practitioner of a recognized profession. (Hostel. See Lodging) (Hotel. See Lodging) 43. Housing. Structures providing housing for groups of people, such as students, employees or nursing home residents. Bunkhouse. A building used as living quarters for people such as cannery workers or construction laborers where shower and sanitary facilities are shared by scvcral rooms and in which there are no individual cooking facilities. Convalescent or nursing home. A structure with sleeping rooms where persons are housed or lodged and are furnished with meals, nursing and medical care. LI Dormitory. A building used as residential group living quarters for a student body or religious order as an associated use to a school, orphanage or other similar institutional use, and does not include kitchen facilities except a group kitchen facility to serve all residents. Group care home. A dwelling shared by no more than five disabled persons, plus resident staff, who live together as a single housekeeping unit and in a long -term, family -like environment in which staff persons provide care, education and participation in community activities for the residents with the primary goal of enabling residents to live as independently as possible in order to reach their maximum potential. The rj " ,..*J CITY OF SEWARD, ALASKA ORDINANCE 2011 -004 Page 9 of 18 term "group care home" shall not include alcoholism or drug treatment center, work release facilities for convicts or ex- convicts or other housing facilities serving as an alternative to incarceration. fel Halfway house. A licensed home for inmates on release from more restrictive custodial confinement, or initially placed in lieu of more restrictive custodial confinement, wherein supervision, rehabilitation and counseling are provided to mainstream residents back into society, enabling them to live independently. Such placement is pursuant to the authority of the Alaska Department of Corrections. 44. Junk. Dismantled or wrecked automobiles, aircraft, motor vehicles or machinery, mobile homes, trailers, watercraft, used appliances or furniture, scrap building materials, metals, rubber, paper, plastic or other scrap materials. 45. Kennel. Any enclosure, building, shelter, area or establishment used for the purpose of breeding, buying, selling, keeping or boarding five or more dogs over the age of four months, whether for profit, pleasure, or as pets, by any person, individual, corporation, group of people or business entity. Does not include an animal shelter. 46. Livestock. Generally accepted large (over 250 pounds) and small (under 250 pounds) outdoor farm animals (i.e. cows, goats, horses, pigs, barnyard, fowl, etc.). Does not include cats, dogs and other common household pets. 47. Loading space. A space located on premises for pickup and delivery at the premises. Required off - street loading space shall not be included as an off -street parking space. 48. Lodging. The renting out of a dwelling, or portion thereof, to provide overnight sleeping accommodations for a period of less than 30 consecutive days. The use includes the providing of meals to overnight guests only. This use includes bed and breakfast, but does not include motel, hotel or hostel. Lai Bed and breakfast. An owner occupied and operated single - family residential dwelling where lodging with a meal is provided for compensation on a short -term basis. The term does not include boardinghouses and separate apartments which are leased on a month -to- month or longer basis. lbl Boarding or rooming. An owner occupied building which has not more than five rooms available for rent or lease on other than a day -to -day basis and not open to transient guests for residential occupancy and in which no cooking or dining facilities are provided in the individual rooms. Meals may be regularly prepared and served for compensation at a table, family - style, without service or ordering of individual portions from a menu. The fJ�"� CITY OF SEWARD, ALASKA ORDINANCE 2011 -004 Page 10 of 18 term includes lodging house or rooming house but does not include separate apartments with individual kitchen and bath facilities. 1cl Hostel. A building, or portion thereof, in which temporary or overnight lodging is provided for hikers, cyclists or other travelers not generally traveling by car. f� Hotel. A facility with six or more guest rooms and on premises management offering transient lodging accommodations to the general public on a daily rate where access to all sleeping rooms is through a main entrance and which may provide food, entertainment, meeting rooms, recreational facilities or various personal services. Includes lodges and inns. fel Motel. A building, or group of detached or connected buildings, having six or more guest rooms, an on premises manager and parking conveniently located on the premises, which are designed primarily to offer sleeping accommodations, with or without meals, to the motoring public on a daily rate. Includes designations such as motor lodges, auto courts, tourist courts and similar terms. 49. Lot. A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area and to provide such yards and other open spaces as are herein required. Such lot shall have frontage or access on a public street or on an approved private street and may consist of: 4, A. A single lot of record; 3: B. A portion of a lot of record; 3. C. A combination of complete lots of record, or complete lots of record and portions of lots of record, or portions of lots of record; or 4.D. A parcel of land described by metes and bounds, provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this chapter and that, in the case of multiple lots or portions thereof, the property be replatted to eliminate interior lot lines. Cal Lot area. The total horizontal area within the lot lines of a lot, exclusive of streets and alleys. fbj Lot, buildable or useable area. That portion of a lot that a prudent person would use to construct a building and provide required parking. This excludes lakes and rivers, creeks, cliffs, marshes and other similar natural obstacles to development with the property counting toward minimum required size. l I 4 CITY OF SEWARD, ALASKA ORDINANCE 2011 -004 Page 11 of 18 Li Lot, corner. A lot situated at the intersection of two or more streets having an angle of intersection of not more than 135 degrees. Lot coverage. The area of a site covered by building or roofed areas, including covered porches, decks and accessory buildings, but excluding allowed projecting eaves. Lot depth. The horizontal distance between the front and rear lot lines measured on the longitudinal centerline. Lot, interior. A lot other than a corner lot. fy Lot line, front. In the case of an interior lot, a line separating the lot from the street. In the case of a corner lot, the owner may choose which street he shall designate as the front of the lot. Once the choice of frontage has been made, it cannot be changed unless all requirements for yard space are met. al Lot line, rear. A line opposite and most distant from the front lot line and, in the case of irregular or triangular shaped lots, a line not less than ten feet in length within the lot, parallel to and at the maximum distance from the front lot line. Cu Lot line, side. Lot boundary not a front lot line or a rear lot line. di Lot line, zero. The mean horizontal line whereby two adjacent buildings from adjacent lots can be constructed with a common party wall providing a proper fire wall rating. All other aspects are the same as in conventional development. Lot width. The average horizontal distance separating side lot lines of a lot and at right angles to its depth. 50. Lumberyard. An establishment that sells sawn timber and other building materials typically stored on the premises. 51. Manufacturing, heavy. A use engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials; or a use engaged in storage of or manufacturing processes using flammable or explosive materials; or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions. 52. Manufacturing, light. A use engaged in the manufacture, predominantly from previously prepared material, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products, but excluding basic industrial processing. ,'P'; CITY OF SEWARD, ALASKA ORDINANCE 2011 -004 Page 12 of 18 53. Marina. A facility for storing, servicing, fueling, berthing and securing and launching of boats that may include the sale of fuel and incidental supplies for the boat owners and guests. Also includes harbor. (Mobile home. See Dwelling) 54. Mobile home park. A parcel or adjacent parcels of land in the same ownership upon which two or more mobile homes are located or for which space is leased or held out for lease or use on a month -to -month or longer basis. This does not include sale lots on which unoccupied mobile homes are parked for inspection and sales and shall not be construed to mean tourist facilities for parking of travel trailers, motor homes or campers. 55. Mobile medical unit. A trailer, motorized coach or van capable of being transported from place to place, containing medical equipment such as a CT scanner, MRI or similarly complex medical diagnostic device or decontamination equipment. (Modular home. See Dwelling) (Motel. See Lodging) (Multiple family. See Dwelling) 56. Non - conforming building. Any building or portion thereof lawfully existing at the effective date of the ordinance affecting it and which does not conform to all of the use, height and density regulations of the zone in which it is located. 57. Non - conforming use. A use which lawfully occupied a building or land at the effective date of the ordinance affecting it that does not conform to the use provisions of the zoning district in which it is located. 58. Noxious use. A use which is injurious or harmful to health, highly disagreeable or offensive. 59. Office. A building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations; i.e., travel, insurance, employment, utility, public service or government agencies. 60. Owner. Any individual, firm, association, syndicate, partnership, corporation, trust or any other legal entity having sufficient proprietary interest in the land, including the attorney or agent thereof. 61. Park. Any public land available for recreational, educational, cultural or aesthetic use. 62. Parking area. A structure or an open area, other than a street, alley or other right -of -way, on which vehicle parking spaces are defined, designated or otherwise identified and available, whether free or for compensation, for use by the public, clients, CITY OF SEWARD, ALASKA ORDINANCE 2011 -004 Page 13 of 18 tenants, customers, employees or owners of the property for which the parking area is required by ordinance. 63. Parking requirements as stated in terms of employees. The maximum number of employees who will be at the site at one time on either a single shift or an overlap of shifts. 64 Parking space, off - street. A designated area sufficient in size to accommodate one motor vehicle, exclusive of maneuvering room, designed with adequate independent access to, but located off, any street, alley or other right -of -way. 65. Parking, valet. Attendant parking provided as a service to patrons of commercial establishments. 66. Peddler. A person who, with no fixed place of business, goes from house to house, place to place, or from store to store transporting goods, wares or merchandise for sale or offering or exposing the same for sale or making sales and delivering articles to purchasers. (See transient merchant and vending, street.) 67. Planned unit development. A land development under unified control that is planned and constructed in its entirety as a single development operation or in a series of programmed stages. The development may include streets, circulation ways, utilities, residences, commercial buildings, open spaces and other site features and improvements some of which may not otherwise be individually permitted. 68. Profession. An occupation or calling requiring the practice of a learned art through specialized knowledge, training, experience or a degree issued by an institute of higher learning; i.e., doctor of medicine, lawyer, engineer or real estate broker. 69. Professional office. The office of a member of a recognized profession maintained for the conduct of that profession. 70. Recreational, indoor commercial. A facility accommodating such indoor recreation activities as skating rinks, bowling lanes or shooting /archery ranges. 71. Recreational, outdoor public. Outdoor recreation facilities such as sports fields, ice rinks, playing fields or miniature golf. 72. Recreational vehicle. A vehicle used or intended to be used as transient living or sleeping quarters for humans and which may be driven, towed or propelled from one location to another without change in structure or design, whether or not the same is supported by wheels or identified by a model, serial or vehicle registration number. Includes travel trailers, camping trailers, tent campers, trailer coaches, motor homes, truck campers and similar vehicles. 73. Recreational vehicle (RV) park. Any parcel of land upon which two or more recreational vehicle sites are located, established or maintained for commercial CITY OF SEWARD, ALASKA ORDINANCE 2011 -004 Page 14 of 18 occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes. Includes trailer park and camper park. 74 Recycling center. A building in which used material is separated and processed prior to shipment to others who will use those materials to manufacture new products. 75. Recycling collection point. An incidental use serving as a neighborhood drop - off point for temporary storage of recoverable resources. No processing of such items would be allowed. This facility would generally be located in a shopping center parking lot or in other public /quasi - public areas such as churches and schools, as opposed to being allowed on residential or vacant lots. 76. Repair service, household/appliance. A business establishment where repairs are made to appliances and furniture. 77 Residence. A home, abode or place where an individual is actually living at a specific point in time. 78. Resource extraction. Commercial or industrial operations involving the removal of nonrenewable natural resources such as ore, topsoil, sand, gravel, rock, gas, oil or any operations having similar characteristics. Said use includes the use of heavy equipment such as loaders, dozers, backhoes and crushers. 79. Restaurant. An establishment whose principal business is the sale of food and/or beverages to customers in a ready -to- consume state and whose principal method of operation includes one or both of the following characteristics: &II Customers, normally provided with an individual menu, are served their foods and beverages by a restaurant employee at the same table or counter at which the food and beverages are consumed; and/or 01 A cafeteria -type operation where food and beverages generally are consumed within the restaurant building. 80. Restaurant, fast-food. An establishment whose principal business is the sale of quickly prepared ready to eat food and/or beverages for consumption within the restaurant building, within a motor vehicle parked on the premises, or off the premises as carry -out orders, and whose principal method of operation includes the following characteristics: orders are generally taken at a main counter or drive -up window and food and/or beverages are usually served in disposable wrapping or containers. This includes drive -in and carry -out restaurants. CITY OF SEWARD, ALASKA ORDINANCE 2011 -004 Page 15 of 18 81. Right - - way. An area or strip of public land which incorporates or is intended to be occupied by, but not limited to, streets, alleys, sidewalks, bike paths, curbs, gutters, landscaping and/or public utilities. 82. Salvage yard (auto wrecking, scrap, junk). Any area used for the storage, keeping or abandonment of junk or waste material, including scrap metal or other scrap materials, or for the dismantling, demolition or abandonment of automobiles, machinery, other vehicles or parts thereof. 83. School. Any public, religious or non - profit facility providing a general curriculum of academic or vocational instruction serving any or all grades between kindergarten and 12th grade. 84. School, commercial. A facility providing commercial instruction in such activities as music, dance, arts, crafts and sailing. 85. School, adult vocational. A facility providing a general curriculum of adult academic or vocational instruction. 86. Setback. The required minimum distance from right -of -way or lot line that establishes the area within which only fencing, landscaping, driveways, parking and similar uses are permitted. Any structure including, but not limited to, decks, stairways, porches or other attachments to a building are specifically prohibited in the setback. Building eaves are permitted to extend into the setback a maximum of two feet. 87. Shopping center. A single complex which provides a combination of retail establishments designed in such a manner as to provide convenience for shoppers with common parking facilities. Includes mall. (Single-family, attached. See Dwelling) (Single-family, detached. See Dwelling) 88. Solid waste facility. A disposal site employing an engineering method for disposing of solid wastes in a manner that minimizes environmental hazards. Includes landfill, compactor, transfer, etc. 89. Storage. A structure or designated area that provides space for storing. Lis An accessory storage use consisting of containers such as semi - tractor vans, shipping containers and conex containers originally designed to transport goods and materials via highway, rail, air or sea, which are parked or placed on a parcel of land and used for covered storage provided that all wheel assemblies have been removed; the unit is placed on an approved foundation; the unit is painted to match the primary building on the property; and the unit is located outside any setbacks. Railroad box r CITY OF SEWARD, ALASKA ORDINANCE 2011 -004 Page 16 of 18 cars are excluded except in the Industrial Zone. There are no grandfathered uses. (See accessory use/building, building, and structure.) Containers are considered a structure and must comply with current adopted building codes. Outdoor. The commercial keeping, in an unroofed area and usually enclosed by a fence, of any goods, junk, material, merchandise or vehicles in the same place for an extended period of time. In the harbor commercial area, the use is limited to the storage of boats only. Self - service. A building or group of buildings consisting of individual, small, self - contained units that are leased or owned for storage of business and household goods or contractors' supplies. Includes mini warehouses. ,g1 Warehouse and distribution. A building used primarily for the storage and distribution of goods, products, materials, supplies and equipment, but excluding bulk storage of materials that are flammable or explosive or that create hazardous or commonly recognized offensive conditions. 90. Street. A dedicated public way which affords the principal means of access to abutting property, such as an avenue, place, drive, boulevard, highway or other similar public thoroughfare, except an alley as defined herein. 91. Structure. Anything constructed or erected on the ground or attached to something having location on the ground, including, but not limited to, buildings, towers, and sheds. Fences, retraining walls less than three feet in height signs and similar improvements of a minor character are excluded. 92. Surface, durable. Means brick, flag -type stone, gravel, cement, or asphalt. 93. Temporary structure. A structure without any foundation or footings as allowed by the adopted Building Code. . • • . • . • • • • • . ••• . • . • •• • 94. Trailer. A structure standing on wheels, towed or hauled by another vehicle and used for carrying materials, goods or objects or as a temporary office or business. 95. Transient merchant. Any person, partnership, firm or corporation, whether a resident of the city or not, who engages in a temporary business, within a period not exceeding 4S0 consecutive days in a calendar year, of selling and delivering goods and/or services, wares and merchandise for profit or non - profit within the city by operating on a door -to -door, street corner or similar basis; or from no fixed location or office; or from a location out -of -doors or in quarters that are easily moveable, such as a temporary leased area or space, motor vehicle, trailer or tent. Includes peddlers, solicitors, itinerant merchants and vendors. Does not include vehicles for hire. 2 3 CITY OF SEWARD, ALASKA ORDINANCE 2011 -004 Page 17 of 18 (Two-family or duplex. See Dwelling) (Unit, dwelling unit. See Dwelling) 96. Utility, public facility. An installation owned by an agency under public franchise or ownership, or under certificate of convenience and necessity, providing the public with electricity, gas, heat, steam, communication, water, sewage collection or other similar service. 97. Vehicle, motor. A self - propelled device used for transportation of people or goods over land surfaces and licensed as a motor vehicle. 98. Vending. The sale of food, services or merchandise. l'l Mobile unit. Any type of vehicle or wagon which is designed to be readily movable and from which services are provided or any food or beverage is prepared for immediate consumption and sold or offered for sale to the public at any location, whether on private or public property. jb2 Street. The sale of food, services or merchandise from a cart, stall or vehicle located in any public right -of -way. 99. Veterinary hospital. A facility, which may include animal runs, in which veterinary services are rendered to animals and domestic pets and which may include clipping, bathing, boarding and other services. Includes veterinary clinic. (Watchman or caretaker dwelling. See Dwelling) 100. Water - dependent. A use or activity which can be carried out only on, in or adjacent to water areas because the use requires access to the water body for water -borne transportation, recreation, energy, production or source of water. 101. Water - related. Uses which are not directly dependent upon access to a water body but which provide goods or services that are directly associated with water - dependent land or waterway use and which, if not located adjacent to water, would result in a public loss of the quality of goods or services offered. 102. Yard. A required open space on the same lot with a main building, unoccupied or unobstructed from the ground upward, except as otherwise provided in this chapter. cal Front. The area extending across the full width of a lot, measured between the front lot line and the nearest exterior wall of the building, front of a bay window or the front of a covered porch or other similar projection, whichever is the nearest to the front lot line. 284 CITY OF SEWARD, ALASKA ORDINANCE 2011 -004 Page 18 of 18 .11 Rear. A yard extending across the full width of the lot between the most rear extension of the main building and the rear lot line. The depth of the required rear yard shall be measured horizontally from the point of the rear lot line nearest to the main building. In cases of double frontages and corner lots, there are no rear yards, only front and side yards. Side. A yard between a main building and side lot line, extending from the front yard to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest part of the main building. 103. Zero -lot line. The location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line. Section 2. This ordinance shall take effect ten (10) days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 12 day of September, 2011. THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) �! Council Agenda Statement Meeting Date: August 22, 2011 e 4 of sw Through: Phillip Oates, City Manager o � From: Donna Glenz, Planner Agenda Item: Amending Portions of Seward City Code ago (SSC)15.10.140 Definitions to Change, Update and Accommodate the Wishes of the Public BACKGROUND & JUSTIFICATION: In the past 18 months the Planning and Zoning Commission has held numerous public work sessions to review and update portions of Title 15 of the City Zoning Code. The Commission held seven (7) public work sessions specifically reviewing and amending Seward City Code (SCC)15.10.140 Definitions. The Planning and Zoning Commission reviewed and discussed the definition section of the City Code in depth and found the section to be confusing in the organizational layout. While the Commission has recommended a complete re- organization, very few additions, deletions or changes were recommended. SCC15.10.140 is a lengthy portion of the zoning code containing over 100 definitions. With the reorganization of the definition section, several categories have been established and the definitions pertaining to those specific categories have been moved into the category. All definitions have been numbered for easier reference. Specific additions, deletions or changes are as follows: (Proposed change is indented and the staff explanation follows) (Strikethroughs = deletions and are bold, Underline = additions and are bold Italic) 11. Brewpub. An establishment that is primarily an eating place which includes the brewing of beer as an accessory use. Brewing is for on- premise consumption. The public has expressed interest in developing a "brewpub" within the City. Current City code does not address or allow brewpubs. Through forward thinking the Commission has recommended the addition of the above definition to define brewpubs within the SCC. 44. Housing. Structures providing housing for groups of people, such as students, employees or nursing home residents. With the reorganization of the definition portion of the code, it was determined the SCC did not contain a specific "housing" definition to categorize the examples under; therefore the "housing" category has been proposed. ( Bunkhouse. A building used as living quarters for people such as cannery workers or construction laborers where shower and sanitary facilities are shared ems and in which there are no individual cooking facilities. The public has proposed that new designs in housing and accommodations generally provide for sanitary facilities in each shared room not a common facility shared several rooms. 45. Junk. Dismantled or wrecked automobiles, aircraft, motor vehicles or machinery, mobile homes, trailers, watercraft, used appliances or furniture, scrap building materials, metals, rubber, paper, plastic or other scrap materials. Because Seward is a port city and much of the community owns some type of watercraft, it has been determined that watercraft should be included within the "Junk" definition. 90. Storage. A structure or designated area that provides space for storing. With the reorganization of the definition portion of the Code, it was determined the SCC did not have a specific "Storage" definition to categorize the examples under; therefore the "Storage" category has been proposed. .(q1 Container. An accessory storage use consisting of containers such as semi - tractor vans, shipping containers and conex containers originally designed to transport goods and materials via highway, rail, air or sea, which are parked or placed on a parcel of land and used for covered storage provided that all wheel assemblies have been removed; the unit is placed on an approved • • • • . • • • • • _ • foundation; the unit is .. :, : : painted to match the primary building on the property; and the unit is located outside any setbacks. Railroad box cars are excluded except in the Industrial Zone. There are no grandfathered uses. (See accessory use /building, building, and structure.) Containers are considered a structure and must comply with applicable building codes. 94. Temporary structure. A structure without any foundation or footings as allowed by the adopted Building Code. • . • • • • • , • . • • • .: .: , - . . • • Through continued discussions and assistance from the Building Department the above changes to the Container Storage and Temporary Structure definitions have been proposed. The proposed change to the definitions removes current conflict between the City Zoning Code and the City Building Code. 96. Transient merchant. Any person, partnership, firm or corporation, whether a resident of the city or not, who engages in a temporary business, within a period not exceeding 139 consecutive days in a calendar year, of selling and delivering goods and /or services, wares and merchandise for profit or non - profit within the city by operating on a door -to -door, street corner or similar basis; or from no fixed location or office; or from a location out -of -doors or in quarters that are easily moveable, such as a temporary leased area or space, motor vehicle, trailer or tent. Includes peddlers, solicitors, itinerant merchants and vendors. Does not include vehicles for hire. Over the years the City has received numerous inquiries and complaints regarding Transient merchants / temporary businesses within the City. In the review process the Commission has recommended strengthening the requirements and shortening the operation time. 99. Vending. The sale of food, services or merchandise. With the reorganization of the definition it was determined the SCC did not have a specific "Vending" 287 definition to categorize the examples under; therefore the "Vending" category has been proposed. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. INTENT: The proposed Code change updates and incorporates public requests by re- organizing and amending several sections of the current SCC 15.10.140 Definitions Code. As required by Seward City Code§ 15.01.035(c)(2) &(3) the Planning and Zoning Commission held a public hearing on August 2, 201 land now forwards written recommendations to the City Council for adoption. FISCAL NOTE: None. ATTORNEY AND STAFF REVIEW: YES X No The attached Ordinance was submitted to the City Attorney for review and recommendation. RECOMMENDATION: Council introduces Ordinance 201- ()4 , on August 22, 2011 and conducts a public hearing and adopts Ordinance 201$- tO4 on September 12, 2011, re- organizing and amending several sections of the Seward City Code 15.10.140 Definitions. Sponsored by: Staff CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2011 -09 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL AMEND PORTIONS OF SEWARD CITY CODE 15.10.140 DEFINITIONS TO CHANGE, UPDATE AND ACCOMMODATE THE WISHES OF THE PUBLIC WHEREAS, the Planning and Zoning Commission has held numerous public work sessions to update the Seward City Code; and WHEREAS, the public notification process has been complied with. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission recommends Council approve the attached Ordinance 2011- _, amending various portions of Title 15.10.140 Definitions; and. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 2 day of August 2011. THE CITY OF SEWARD 1 1 9 a_vt_cbi_ct__) Sandie Roach', Chair AYES: Butts, Morgan, Heinrich, Roach' NOES: None ABSENT: Ecklund ABSTAIN: None VACANT: Two ATTEST: � fi _ � .�• OF SE. ** • hanna Kinney, CMC � ` G� '�: ............ • g... 4 4 % . ity Clerk ; 9•A 4a1) _•-- •! SEAL • � v9 # 4. 4 . OF 04%.,,e" City of Seward, Alaska Planning Commission Minutes August 2, 2011 Volume 6, Page 4 3 8 Call to Order The August 2, 2011 Regular Meeting of the Seward Planning & Zoning Commission was called to order at 7:30 p.m. by Chair Roach'. Opening Ceremony Commissioner Butts led the Pledge of Allegiance to the flag. Roll Call There were present: Sandie Roach' presiding, and Steven Heinrich Dale Butts Tena Morgan comprising a quorum of the Commission; and Michelle Weston, Assistant City Manager Donna Glenz, City Planner Dwayne Atwood, Planning Assistant Excused was: Cindy Ecklund City Administration Report City Planner Donna Glenz updated the Commission on the following business items: • Commissioner Cindy Ecklund was unavailable for meetings through the month of August. • Exit Glacier Road was closed at Mile 7.5 due to flooding. • A pre -bid meeting for the Seward Marine Industrial Center engineering analysis was scheduled for 1 p.m. Thursday, August 4. The proposed project was to support the relocation of the Coastal Villages Region Fund fleet from Seattle, Washington. • The Seward Community Library / Museum Project site was to be fenced later in the week, and work was slated to begin during the 2012 construction season. • The Scheffler Creek footbridge project was nearly complete, with only surface paving remaining. • The Forest Acres levee extension was complete and the ribbon cutting ceremony was slated for 4:30 p.m. Monday, August 8. Other Reports, Announcements & Presentations -None Citizens' Comments on any subject except those items scheduled for Public Hearing - None Approval of Agenda and Consent Agenda 2 3 City of Seward, Alaska Planning Commission Minutes August 2, 2011 Volume 6, Page 4 3 9 Motion (Heinrich/Morgan) Approve the Agenda and the Consent Agenda Motion Passed Unanimous The following items were approved on the Consent Agenda: May 3, 2011 Regular Meeting Minutes Unfinished Business Items requiring a Public Hearing — None New Business Items requiring a Public Hearing Resolution 2011 -09 of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending City Council Amend Portions of Seward City Code 15.10.140 Definitions to Change, Update and Accommodate the Wishes of the Public Glenz described and noted the proposed changes to the Seward City Code (SSC) included in the City Council Ordinance attached to Resolution 2011 -09. Numerous work sessions were held during the previous 18 months in making the changes to SSC 15.10.140, Definitions, Glenz noted. The proposed changes to the City Code had been submitted to the City Attorney for review. No members of the public had expressed concerns over any of the changes. Staff recommended approval. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. There were 110 requests to be heard and the public hearing was closed. Motion (Heinrich/Morgan) Approve Resolution 2011 -09 Morgan noted there had been considerable review and discussion during the past several months. Roach' agreed that additional discussion was not required. Motion Passed Unanimous New Business Items requiring a Public Hearing Resolution 2011 -10 of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending the City Council Amend Various Sections of the Seward City Code to Include Portions of 15.10.220 Development 2 J City of Seward, Alaska Planning Commission Minutes August 2, 2011 Volume 6, Page 4 4 0 Requirements Table; 15.10.225 Land Uses Allowed; and 15.10.225 Land Uses Allowed Table to Change, Update and Accommodate the Wishes of the Public Glenz described and noted the proposed changes to the Seward City Code (SSC) included in the City Council Ordinance attached to Resolution 2011 -10. Numerous work sessions were held during the previous 18 months in making the changes and updates, Glenz noted. Glenz specifically explained the addition to the Land Uses Allowed permitting chickens and rabbits on certain smaller residential lots. Roach' noted the intention of the code change was to accommodate residents who had expressed an interest in allowing chickens on smaller lots within the City. Commissioner Heinrich questioned whether the provision that chickens and rabbits not be allowed on lots with more than two dwelling units was written as intended. Morgan said the intention to allow chickens should not be allowed at apartment complexes. Glenz suggested that the Commission put the resolution on the table, then move to amend the specific citation to limit chickens and rabbits to parcels with only one dwelling unit. Glenz also pointed out that other fowl are covered in another portion of the code, not in the portion specifically allowing chickens and rabbits on some smaller residential lots. Morgan added the reason chickens and rabbits were added, specifically, was because of public requests and interest. The code change required pens and enclosures, which was not previously addressed, she stated. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. There were no requests to be heard and the public hearing was closed. Motion (Morgan/Butts) Approve Resolution 2011 -10 Heinrich said he brought up the restriction on the number of dwelling units per parcel to make sure the chicken allowance was written as intended. Roach' asked Administration if a parcel with a home and a mother -in -law apartment counted as a duplex under the current City Code. Glenz stated the mother -in -law apartment did not change the property use to a duplex, unless rent is charged. Once the unit becomes a rental, which has happened several times, the parcel was then two - family, or a duplex. ���2 City of Seward, Alaska Planning Commission Minutes August 2, 2011 Volume 6, Page 4 41 Motion (Heinrich/Butts) Amend Ordinance, Section 15.10.225.(e)7 Land uses allowed, Livestock to read, "Chickens or rabbits are not allowed on lots with more than one dwelling unit." Motion Passed Unanimous Roach' pointed out the Commission could then continue the discussion on any portion of Resolution 2011 -10 and the accompanying Ordinance. Heinrich said the amendment addressed his only concern. Main Motion Passed Unanimous Unfinished Business – None New Business — None Informational Items and Reports (No action required) National Flood Insurance Program Newsletter, January /April National Flood Insurance Program Newsletter, May /June National Flood Insurance Program Newsletter, July /August Commissioner Seabury Resignation Letter Cabana Thank You Letter At the request of the Commission, Glenz explained the Thank You letter to the Cabana Family was sent as a courtesy from Community Development Department. The department attempts to thank all property owners who comply with requested code compliance complaints of the department and the public. In this case, the property owner had several derelict vehicles which were cleaned up. Several members of the public responded favorably to the cleanup effort, which involved the residential property near the corner of Third Avenue and Madison Street. Commission Comments Morgan said she was pleased with the passage of Resolution 2011 -09 and Resolution 2011- 10, which involved several months of work by the Commission and staff. Butts said the proposed changes to Title 15 should show the City Council and public that the Planning & Zoning Commission has been productive. 2c3 City of Seward, Alaska Planning Commission Minutes August 2, 2011 Volume 6, Page 4 4 2 Heinrich said the allowance of chickens and rabbits should be somewhat limited, because it could be expanded if there are additional requests for changes. Roach' thanked Commissioners and Administration for recent efforts. Roach' also mentioned public concern about illegal bunkhouses. She requested staff to explain crew housing and how bunkhouses are approved. Glenz said bunkhouses are an issue every summer. Bunkhouses are intended for workers, such as cannery employees or construction laborers, where sanitary facilities are shared with several rooms and there are no individual cooking facilities. A conditional use permit is required for bunkhouses, and they are only allowed in the Auto Commercial, Industrial and Institutional zoning districts. Glenz explained the problem was the use of larger houses in residential zoning districts. When several workers were housed in residential homes as roommates, neighbors often complain about the number of parked vehicles and other issues. Roach' said the bunkhouse issue was brought to her attention recently because a member of the public complained about a property with excess trash. Glenz said the department would like to talk with anyone who has concerns or information about illegal bunkhouses. Citizens' Comments Weston said that the Alaska State House and Senate Joint Transportation Committee would be visiting Seward on September 7. A multi- agency emergency exercise was also scheduled for the second week in August, Weston said. Commission and Administration Response to Citizens' Comments — None Adjournment Meeting adjourned at 8:37 p.m. Dwayne Atwood, Sandie Roach' Community Development Assistant Chair (City Seal) 2 [ii City of Seward, Alaska City Council Minutes October 10, 2011 Volume 38, Page CALL TO ORDER The October 10, 2011 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Willard E. Dunham. OPENING CEREMONY Police Chief Tom Clemons led the pledge of allegiance to the flag. ROLL CALL There were present: Willard E. Dunham, presiding and Jean Bardarson Tom Smith Vanta Shafer Marianna Keil Bob Valdatta Ristine Casagranda comprising a quorum of the Council; and Kris Erchinger, Acting City Manager John Foutz, Electric Utility Manager Johanna Kinney, City Clerk Absent — None CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Christy Terry said Resolution 2011 -076 should be approved but removed from the consent agenda. She wanted council to set a work session to make sure these library expenses were set ahead of time. Terry stated Resolution 2011 -078 should also be pulled from the consent agenda and Council should regroup with the public to make sure how to move forward since the Community Health Center (CHC) application was not approved. She felt the native health clinic should be involved and the board's minutes and resolutions should be made public. They need to not duplicate services in this community and work together. Hilda Lespron with the Seward Arts Council handed out information on a paper mache mask making class that began on October 4, 2011 by local artist Abby Wentworth. It would be on Thursdays in October and cost $25 total. Lespron also noted there would be autumn readings in October. She also noted a blue grass event that was coming up in Seward. Doug Capra asked for support on his appointment on the Historic Preservation Commission. He was a member in the past and also a member of the State of Alaska Historic Society. Capra said 5 City of Seward, Alaska City Council Minutes October 10, 2011 Volume 38, Page he could bring more of a statewide knowledge of Historic Preservation and had a lot of relationships in the state historical commission. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Bardarson/Shafer) Approval of Agenda and Consent Agenda Resolution 2011 -078 was pulled from the consent agenda and placed on the regular agenda for discussion. Motion Passed Unanimous The clerk read the following approved consent agenda items: The September 26, 2011 City Council Regular Meeting Minutes and the October 3, 2011 City Council Special Meeting Minutes Were Approved. Certification Of The October 4, 2011 Municipal Election Results As Final. Results Are Listed In The Same Substantial Form As Certified By The Canvass Board: FINAL CERTIFICATE OF RESULTS FOR THE REGULAR MUNICIPAL ELECTION HELD OCTOBER 4, 2011 The City Canvass Board has completed their review of all absentee and questioned ballots of the Regular Municipal Election held October 4, 2011. Their totals are: [Note: Total Counted plus Total Rejected =Total Voted] Report of Absentee and Questioned Ballots Absentee ballots voted 104 Questioned ballots voted 1 Special Needs ballots voted 2 Total Voted 107 Rejected Not registered, registered too late or registered out of City 18 Form not completed properly 0 Signed /witnessed after Election Day 0 Total Rejected i8 Counted Absentee 104 Questioned 1 City of Seward, Alaska City Council Minutes October 10, 2011 Volume 38, Page Special Needs 2 Total Counted 107 The Election Day results, after canvassing are as follows: Two -vear Mayoral Seat Election Dav Votes After Canvass Votes Total Votes Willard E. Dunham 248 37 285 David Seaward 232 64 296 Write -ins 8 2 10 Three Two -year Council Seats Election Day Votes After Canvass Votes Total Votes_ Christy Terry 387 71 458 Vanta Shafer 275 50 325 Bob Valdatta 258 55 313 Tom Smith 236 63 299 Write Ins 27 6 33 PROPOSITION NO. 1 A vote of the citizens of Seward on repealing Ordinance 2011 -003 Shall Ordinance 2011 -003, An Ordinance Of The City Council Of The City Of Seward, Alaska, Amending Seward City Code Sections 5.35.010 And 5.35.035 To Allow For An Increase In Sales Tax For Alcohol Beverages And Tobacco Products, be repealed? Election Day Votes After Canvass Votes Total Votes YES 346 81 427 NO 161 25 186 A total of 515 people voted at this election plus 107 counted absentee votes = 622 Total. Council appointed Doug Capra to the Historic Preservation Commission with a term to expire May, 2013. tej City of Seward, Alaska City Council Minutes October 10, 2011 Volume 38, Page Resolution 2011 -075 Approving An Employment Agreement With James Hunt For City Manager Services. Resolution 2011 -076 Appropriating $22,200 In Library Grant Funds For A Contract With Northern Geotechnical Engineering, Inc. For Special Inspections During The Construction Phase Of The Seward Museum/Library. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards An Appreciation Proclamation Was Read For Keefer Brown. A Proclamation Was Presented for Fire Safety Month. Borough Assembly Report, Sue McClure stated a lot had happened since her last report. As a result of the Borough election, the proposition repealing seasonal non - prepared food sales tax exemption was defeated as well as the .1% sales tax increase. The voters agreed to a nine member assembly and school board as before, which was on the ballot because of reapportionment. Some districts would gain a few people, McClure's district would move close to Moose River because her area lost a little in population. The election was not over as there was a run off for the Borough Mayor — the election date would be October 25, 2011 between Mike Navarre and Fred Sturman. Absentee in- person voting would begin in the City Clerk's office on October 17, 2011, with the exception of the office closure on October 18, 2011 in observance of Alaska Day. On the Assembly, the three incumbent members were retained, so the Assembly remains the same. At the meeting on October 11, 2011, there was a public hearing to appropriate $5,200 to install smart boards at Seward Elementary, which was from grant funds. Also on the agenda was Ordinance 11 -34 to establish enforcement for Title 21 violations (streams and rivers). McClure offered exciting news for Seward — the Borough's general services director was pursuing teleconferencing in Seward and Homer. There would be more to come on that and McClure would keep the council and public posted. McClure held community meetings for those eligible for revenue sharing. On October 1, 2011 she made an annual trip to Cooper Landing, Hope and Moose Pass. There would be one Assembly meeting in November and one in December. She would be attending the Alaska Municipal League in Fairbanks in November. City Manager's Report, John Foutz stated there were no purchases approved for between $10,000 - 50,000 since the last Council Meeting. The City Clerk' s Office was publishing an RFP for the Recording /Sound system in Council Chambers. The scoring criteria were announced as follows: • Company Qualifications - 15 Points • Proposed Equipment/Specifications - 15 Points • Features - 20 Points • Pricing - 20 Points • Quality Assurance & Technical Support - 30 Points City of Seward, Alaska City Council Minutes October 10, 2011 Volume 38, Page The new Harbormaster, Mack Funk, had started work and harbor personnel had been working hard with Funk to ensure a smooth transition. Funk has met with the US Army Corps of Engineers staff in Anchorage: Steve Boardman, Allen Churchill and Tina McMaster - Goering. Funk also had a meeting with Captain Jason Fosdick and Commander Paul Albertson of the Coast Guard. Introductions and tours of faculties were ongoing, including the new Z float which was nearly complete with the possible future addition of lateral docks. On Friday, Funk met with the design engineer on the development project at the Seward Marine Industrial Center (SMIC) and planned to meet with Deputy Harbormaster Norm Regis, PACAB Chair Ron Long, Mayor Willard Dunham and Vice Mayor Jean Bardarson to discuss the Coastal Villages initiative. He also planned to meet soon with Jim Pruitt. In the Electric Department, Chugach Electric Association (CEA) had filed with the Regulatory Commission of Alaska (RCA) for a change in rates. This would reflect a decrease in the city's energy and demand charges and would go into effect when the RCA has approved the new rates. Currently the rates to the City of Seward for energy and demand were $0.00612 per kilowatt - hour (kWh) and $8.99 per kilowatt (kW) and were proposed to be reduced to $0.00579 per kWh and $8.50 per kW. The RCA was expected to approve these changes by January 2012. Construction season was nearing its end for the year and the Electric Department was attempting to complete several open job orders and construction projects prior to the ground freezing. The department hired two NECA temporary employees for 2 weeks to assist the electric crew in finishing as many of these projects as possible. The City of Seward electric department was negotiating with AVTEC in developing an agreement that would eventually connect the AVTEC wind turbine. A resolution would be presented to City council upon completion of the agreement. In Public Works, the SMC Dolphin Project received five bids and the contract for the successful contract with Pacific Pile and Marine was before the council for approval this evening. The GIS system at Public Works would be set up the first week of November. They were currently negotiating cost of land for the water storage tank. Staff was working with ADEC to submit the final paperwork for the Third Avenue waterline and loan repayments should begin at the beginning of next month. The department followed ADEC recommendations to mitigate potential issues from more contaminated soil removed from the new library site. The Street and Shop Department was patching roads in various locations throughout town and working on drainage issues in preparation for the winter season. They were preparing for the winter season and ordering the proper and needed equipment. Foutz reminded the public to keep all vehicles out of the right of way in anticipation of the pending snow plowing season. Mayoral Report, Willard Dunham stated on September 27, 2011, he attended a Kenai Fjords National Park meeting in Anchorage regarding the extension of Exit Glacier Road open times to include winter transportation. That day council hosted a lunch for outgoing City Manager Oates. On September, 28, 2011, he attended a meeting in Anchorage for an update on two contracts for the Coastal Villages project. Northern Economics reported good progress on information gathering. Dawson Hooper of Coastal Villages was assigned the job of direct liaison with R & M Consultants and Northern Economics. R & M Consultants have scheduled meetings in Seward with the Port and Commerce Advisory Board and the public on October 7, 2011 and a larger public based meeting on October 19, 2011. They had a harbor design expert from Annapolis, Maryland to help evaluate SMIC wave barrier needs. They wanted public input as to what local people thought the needs were. 2 j9 City of Seward, Alaska City Council Minutes October 10, 2011 Volume 38, Page On September 30, 2011, Dunham flew to Fairbanks to meet with the University of Alaska Fairbanks President Pat Gamble, Chancellor Brian Rogers, and Vice Chancellor Pat Pitney. It was a very important meeting about the future of the research vessel Sikuliaq home porting in Seward. President Gamble's conclusion was that Seward will be the homeport for the vessel and said UAF needed to do a better job working with Seward to make sure the ship was fully recognized by Alaska and the world when it arrived in 2014. They were also able to show the UAF delegation the Coastal Villages video of their request for help to move from Seattle. Dunham attended the World Trade Center Alaska Transportation seminar on October 6, 2011; the PACAB meeting with R &M Consulting on October 7, 2011; and the Healthy Lifestyles Celebration in Seward on October 8, 2011. Ketchikan Shipyard Director Doug Ward contacted Dunham by phone and asked for information about Coastal Villages and how Seward was coming along. He offered to have the Ketchikan Borough do a resolution of support of the move. The City Clerk forwarded the city's and the borough's support resolutions to assist in their creation of a support resolution. Dunham had been contacted by the owner of the Spartan Drill Rig about mooring in Seward's harbor for the winter. Dunham attended a meeting in Girdwood and met the Secretary of Transportation Ray LaHood. They talked of the safety issues on the Seward Highway and what was needed to reduce the accidents. Other Reports, Announcements and Presentations An update was given by Bryan Zak on the Alaska Small Business Development Center. Zak stated he came to Seward last week for a workshop which had 9 people, which was the most attendees ever. It gave him an opportunity to know there were a lot of small businesses in this area and he wanted to let them know they were working to hire a business advisor for Seward. The development center had not filled it yet, but was advertising for it. Zak hoped someone from Seward applied for this job. Any small business could get a free website right now for a year with their organization. He encouraged those without a website to come to the work shops to get one as well as participate in the "Buy Alaska!" efforts. The AK SBDC goes through an annual accreditation. He commended the council for what they were doing for economic development. NEW BUSINESS Resolution 2011 -077, Authorizing The City Manager To Enter Into A Construction Contract With Pacific Pile And Marine In An Amount Not To Exceed $1,584,000 For The Seward Marine Center Dolphin Project To Construct Two Breasting Dolphins And Improve Dock Conditions Necessary To Berth The New Alaska Region Research Vessel, And An Additional $208,400 In Project Contingency And Construction Management Costs, And Appropriating Funds. Motion (Shafer/Keil) Approve Resolution 2011 -077 Erchinger gave a brief history of the project. The city received a $1.5 million dollar grant for 3n0 City of Seward, Alaska City Council Minutes October 10, 2011 Volume 38, Page this. PND had been hired to engineer the project. The city's winning bid on this construction project was Pacific Pile and Marine. Erchinger thought it was prudent to set aside money for contingency, which those costs would still be approved by the council. She felt they needed to hire a professional firm to manage this project, which was estimated at $50,000. She thought it was critical to have a professional on board because of the importance of this project. Shafer asked if they would receive moorage payments from this ship. Erchinger did not think so. Shafer said it was a big benefit to the community, so it offset the initial costs the city was planning on making. Valdatta said maybe the university could contribute some of the funds. He hoped they were going to purchase American steel because it was better quality. Smith suggested they get rid of the $90,000 included for dredging. His thinking was the fill came as a result of flooding of Lowell Canyon. It would be better to put it off and address it later. Keil liked Valdatta's suggestion about university assistance. Dunham agreed about the dredging. It would look good for Seward that they had already put this funding up although they had been given a grant. He agreed Seward needed an engineer covering this project to protect themselves. Discussion ensued about if the contract should include the $90,000 for dredging, if the city could charge moorage, if the city could use the dolphins for other vessels when the R/V Sikuliaq was not in Seward, and if they could charge moorage for those vessels. Motion to Amend (Keil/Shafer) Amend Resolution 2011 -077 to remove $90,000 for dredging from the contract amount. Motion to Amend Passed Unanimous Main Motion Passed Unanimous Resolution 2011 -078, Accepting An Affordable Care Act Health Center Planning Grant In The Amount Of $80,000 From The U.S. Department Of Health And Social Services, And Appropriating Funds. Motion (Bardarson/Keil) Approve Resolution 2011 -078 Keil and Bardarson noted they both sit on this board and requested a ruling on any possible conflicts of interests. Mayor Dunham ruled no conflict of interest existed. Erchinger gave a brief history on the project. The City Council established the board for the Community Health Center, appointed the charter members of the board, and from that point after the board would replace the vacancies. The city did apply for the Federally Qualified Health Center 31 City of Seward, Alaska City Council Minutes October 10, 2011 Volume 38, Page (FQHC) grant in association with this board. Unfortunately, over 800 entities applied for the same grant, which was unusually high, and the Seward CHC did not receive the grant. Very few new access point grants were successful, which was what Seward was applying for. The CHC Board, with city funds, hired a grant writing firm to apply for a planning grant to strengthen its application. They received the scoring results of the application and their weaknesses were identified. The Seward CHC planned to use these funds to strengthen the application to include holding public meetings to find community concerns. This could allow federal dollars to come to Seward to foot the bill instead of tax payers, could allow other health services like dentistry to join in the health center, and allow those who do not have insurance or lower income citizens to be guaranteed health care. Erchinger clarified the board membership had to represent the demographics of the community, which was challenging at times. Neither the city nor the council had authority over this board — it was designed to be a standalone entity board from the city and from Providence. The board had public meetings and they were announced in advance. They were responsible for their own advertisements and did not have funds for a secretary, so there were volunteers within the board to take minutes. Shafer and Keil both felt this money was needed for this board and a benefit to the community to further advance the CHC application. Smith thought this needed to be discussed in the public. It was a complex and confusing issue. Shafer pointed out it was a huge savings in that the CHC could pay for the very expensive doctor's malpractice insurance and also helped with medical student loan repayment, which could recruit more qualified staff. Keil said it could bring in more grants. Bardarson said she didn't mind having a work session on this. Shafer said this was a newly formed board and many kinks were yet to be worked out. Erchinger stated she would follow up with the other medical providers in Seward about the benefits of this model. Casagranda asked if it was possible to take the $65,000 the city gave to the board to start up and be repaid with these grant funds. Dunham felt that would be counterproductive. Erchinger said the original $65,000 was planned to be used to hire a professional in running a CHC to help figure out the logistics of running such a facility, and to hire grant writing services. The $80,000 in grant funds was intended to strengthen the application to become a FQHC. They had one year to spend the planning grant dollars. Dunham said the ultimate goal was to provide health care for all of Seward. Erchinger said she would personally call Chugachmiut to get their input and try to involve the native health care provider. Motion Passed Unanimous OTHER NEW BUSINESS INFORMATIONAL ITEMS AND REPORTS (No action required) 2 City of Seward, Alaska City Council Minutes October 10, 2011 Volume 38, Page July City Financial Report. August Providence Financial Report. August City Financial Report. Mayor's Congressional Delegation Letter RE: Coastal Villages Region Fund. COUNCILS' COMMENTS Shafer said it was a busy weekend in Seward. The Emblem Club had an event; the Coast Guard Cutter was in town and the Healthy Lifestyles Celebrations occurred. It was nice to see people in town in October and it was good to know things could go on in the shoulder season. She knew how hard it was to be the Mayor and it was more demanding than people thought. She commended Dunham on doing a good job and bringing so many things to Seward. Keil said Dunham's approval rating was much better than Congress and he should walk away with his head held high. She thanked him for his hard work for the community and they on council would try to carry on his legacy and she hoped he would not stop. He was valuable to Seward. Bardarson said the Healthy Lifestyles Celebration was a great community event. She thanked the people for taking the scrap metal out of Seward for recycling and cleaning up our town. Bardarson thanked Dunham for all that he has done. Casagranda thanked Martha Fleming for always being there behind the camera at their meetings. She thanked Dunham and Smith for their service. She was excited to have hours outside the normal clinic hours to go to the hospital. Smith thanked everyone and the City Clerk's Office for their gourmet meals. He had enjoyed being on City Council and was now ready to retire. He commended Dunham for what he did for this town. Valdatta thanked all who voted and wished Smith and Dunham the best. Dunham said it was critical to vote. There was a run off coming up and it was crucial to vote. He thanked McClure for her actions on keeping the Borough's waste facilities open on Sunday. He thanked the public for their support. It had been an interesting ride and he had worked with a lot of great people. He hoped they saw more accomplishments. Dunham noted there were a lot of big projects and things on the horizon. He was going to take some time to relax and he was really humbled by remarks and talks he had received not only locally but around the state. CITIZENS' COMMENTS Terry reminded the council and public that colocation was promised to pull Providence out of the red. The board should advertise their meetings and minutes to the community. They needed to advertise and follow their bylaws. Long thanked Dunham and Smith for their service and congratulated the newly elected members. Long wanted to let everyone know that PACAB would be stepping away from their usual 3 03 City of Seward, Alaska City Council Minutes October 10, 2011 Volume 38, Page work session and meet in the evening on October 19, 2011 and really wanted to get as much public involved for a meeting with the Coastal Villages Region Fund and R &M Consultants to discuss SMIC improvements. They really wanted public participation. Coastal Villages wanted to know if they would be able to find the commercial support needed to move here and Long encouraged those to come out and show support private sector and business support. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS Keil said she had recently met someone who started a brand new business that would benefit if Coastal Villages came to Seward, so it appeared people were already thinking this way. ADJOURNMENT The meeting was adjourned at 9:40 p.m. Johanna Kinney, CMC Willard E. Dunham City Clerk Mayor (City Seal) Agenda Statement e of se Meeting Date: October 24, 2011 ` �, a From: Johanna Kinney, City Clerk i q�A KP Agenda Item: Nominate, elect and swear in ce -Mayor BACKGROUND & JUSTIFICATION: Per Seward Charter 3.3, Seward City Code 2.10.020 and City Council Rules of Procedures Rule 4, the City Council must meet and organize no later than 30 days after each regular city election. At this organizational meeting after new members are sworn in, the next item of business is for the Council to nominate and elect one of its members to act as Vice -Mayor in the absence of the Mayor. The City Council must select one of its members to serve as Vice Mayor. The Vice Mayor chairs the meetings in the absence of the Mayor and fills in for the Mayor at ceremonial functions when the Mayor is unavailable. In the absence of the Mayor, the Vice -Mayor shall possess all the powers of the mayor and all duties required of them by law or the City Council. The Mayor should open nominations. The Mayor or any council member should then nominate a council member for Vice - Mayor. If only one nomination is received, a motion should be made to close nominations and cast a unanimous ballot for the chosen person. That motion will need a second and can be approved by unanimous consent (no roll call is necessary). If more than one nomination is received, ballots are prepared for each council member to sign and vote for a nominee, or Council can conduct a voice vote. It takes 4 affirmative votes to be appointed. RECOMMENDATION: Nominate and appoint a Vice - Mayor. The city clerk will then proceed to swear them in. r 3�! "� Memorandum • of sFhq Date: October 24, 2011 : ►a '� To: Mayor Seaward, Council Members �1 q�ASKP From: Johanna Kinney, City Clerk W , Subj: Annual organization of the council Appointment of Board and Commission liaisons for the next year It's that annual time of the year where the council must organize within 30 days after our regular city election and select members for our Board and Commission liaisons. Resolution 2005 -071 was approved on August 5, 2005. This approved slight amendments to the Council Rules of Procedures by taking out the word "shall" and replacing it with "may" to allow future councils the option to appoint liaisons from council or, to have individuals from each of those Boards and Commissions give periodic reports to the city council at their regular meetings. Seward Planning & Zoning Commission. The Mayor may appoint a council liaison to the Seward Planning & Zoning Commission or ask one of the P &Z members to make periodic reports back to the City Council at regular meetings. Kenai Peninsula Borough, Economic Development District (KPB EDD) and PACAB. Right now, PACAB has been giving periodic reports to the City Council. Outgoing Council Member Tom Smith has been serving on the Board of Directors to the Kenai Peninsula Borough Economic Development District, with a term that expires December 31, 2011. Rule 29 of the City Council Rules of Procedures states the council representative appointed to the Kenai Peninsula Borough Economic Development District shall serve as liaison to the Port and Commerce Advisory Board. ************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Recommend after discussion, the Mayor appoint a liaison with P &Z or have their Chair give periodic reports to the city council. Recommend after discussion, the Mayor appoint a city representative to the KPB EDD beginning January 1, 2012 or sooner, who will be the PACAB liaison or ask for periodic reports from PACAB and appoint a city representative to the KPB EDD. Agenda Statement Meeting Date: October 24, 2011 4 sets, From: Johanna Kinney, City Clerk Agenda Item: Discussion on the Seward Bear Creek Flood gtASKP Service Area Board's request to change one of the seats from a city seat to an At Large seat, to be filled by a resident of the service area of a resident of the city. BACKGROUND & JUSTIFICATION: On October 4, 2011, the City of Seward received a letter from the Chairman Bill Williamson of the Seward Bear Creek Flood Service Area Board (SBCFSAB), requesting City Council consideration and approval to change one of the City of Seward seats to an "At Large" seat, which could be filled by either a resident of Seward or a resident of the service area. As indicated in the letter, the board indicates two of the four city seats are vacant, City Seat B vacant since 2009, and City Seat A vacant after the recent October 4, 2011 election. Borough Code 16.04.065. states in part, "In the event that no candidate files for election to a seat which is to be filled at said election, then no election shall be conducted for that particular seat, and the seat shall be filled by a majority vote of the remaining board following certification of the election." According to the Borough Clerk's Office, because this is an Assembly appointed board (by attached Ordinance 2003 -30), so the change would need to occur by the Assembly of the Kenai Peninsula Borough. The borough would be responsible to clear this change with the Department of Justice (as it would impact voting laws), and the code could then be changed. RECOMMENDATION: In discussion, City Council consider if they support this proposed change of making one of the City of Seward seats on the SBCFSAB an At Large seat that could be filled by either a resident of Seward or a resident of the service area. Clerk's Recommendation: If council supports this proposal, direct staff to draft a resolution of support to forward to the Kenai Peninsula Borough. If council does not support this proposal, direct staff to issue a letter to the SBCFSAB and continue efforts to fill the two vacant city seats. (It would take four votes or general consensus to do either option) :JO 7 Johanna Kinney From: Stephanie Presley <sbcfsa @arctic.net> Sent: Wednesday, October 05, 2011 9:51 AM To: Johanna Kinney Cc: 'Sue McClure' Subject: RE: 111006 city calendar Attachments: COS seat change request 100411.pdf Hi Johanna. I replaced Christina Stauffer as the Seward/Bear Creek Hood Service Area Coordinator. I have attached a letter from the board to the city council. Sue McClure will bring a copy to the meeting Monday and request. a change to the Board's city seat. Just wanted you to have a copy, assuming you will write the response. Thank you, Stephanie Step awu;eJ P re ey Service Area Coordinator Seward /Bear Creek Flood Service Area 9 From: Johanna Kinney [ mailto:jkinney @cityofseward.net] Sent: Tuesday, October 04, 2011 5:25 PM To: Annette Shacklett ( publisher @thesewardphoenixlog.com); Linda Newton Subject: 111006 city calendar Attached is this week's city calendar.... Johanna Kinney, CMC City Clerk, City of Seward PO Box 167 Seward, Alaska 99664 p: 907.224.4045 E 907.224.4038 e: clerk @cityofseward.net NOTE: This message was trained as non -spam. If this is wrong, please correct the training as soon as possible. Spam Not spam 1 : 3 Forget previous vote 1 ke 1 ,.„,„,„, 1 „ B ,,,,„, gi , s ,,,,:,,, c ..‘,.,..„ Seward/Bear Creek Flood Service Area Board v, 1> 0 :■:;1 ..\1...1,LA ''''08t; 1 (. tctober 4. 2011 Seward City Council P.O. Box 167 SewArd, AK 99664 Dear Council Niernbersi lam vvritin 2. to request the City Council appro\ c a change to cme of the SeN\ ardlicar Creek Flood Service Area Board seats from a - City - scat to an "At I,ar;4e seat. to be filled by a resident of the Sk:rvi ci.... area or a resident of the city The seven member hoard currently requires four seats to be tilled by residents or the city of Seward. The remaininti, three scats are to titled hy residents outside ate city limits but \vithin the sr \ ice area boundaries. City seat (B) has been vacant since 2009 and City seat (A) will be vacant following. this election. l'he Service Area Board requests the City Council allow, one 01 these seats to be tilled by a resident of the city or the service area. The Sew ard'Bear Creek Hood Scr\ ice Area Board meets the first and third Nlonday of every month at 7:00 in the Kenai Peninsula Borough Sevkard Annex ()filet.: in Sea View Plaza. 1 look forward to a timely response to this request. Please feel free to contact Stephanie Presley at our administrative office \\ ith any questions, 1 / , Ilia' k you. / \. Villiamso .../ Chairrnan Introduced by: Page 1 of 5 Introduced by: Long, Mayor Date: 07/08/03 Hearing: 08/06/03 Action: Enacted as Amended Vote: 9 Yes, 0 No KENAI PENINSULA BOROUGH ORDINANCE 2003 -30 AN ORDINANCE ESTABLISHING THE SEWARD -BEAR CREEK FLOOD SERVICE AREA WHEREAS, the Seward -Bear Creek area has experienced at least five major floods since 1986; and WHEREAS, on November 20, 2002, a community meeting was conducted in Seward to identify problems and potential solutions concerning the flooding issues in the Seward area; and WHEREAS, a general theme emerging from that meeting was that the entire watershed should be examined as a whole and a plan developed for projects to reduce the risk of damage to private and public property from future flooding; and WHEREAS, on March 21, 2003, the borough clerk certified a petition to establish a service area in the Seward -Bear Creek area to provide flood protection, response, and recovery services; and WHEREAS, on June 16, 2003, the assembly conducted a public meeting in the city of Seward to receive public comments regarding formation of a Seward -Bear Creek flood service area; and WHEREAS, the meeting was well attended, and seventeen persons testified with 17 supporting and 0 opposing formation of the service area; and WHEREAS, due to the size and population of the proposed area, the lack of need for city government and certain character, resource, population, and boundary standards for annexation to cities as described in 3 AAC 110.090 -.140, such services cannot be provided by an existing service area, by annexation to a city, or by incorporation as a city; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. Title 16 of the Kenai Peninsula Borough Code of Ordinances is amended by adding a new chapter 16.50, which shall read as follows: CHAPTER 16.50. SEWARD -BEAR CREEK FLOOD SERVICE AREA 16.50.010. Boundaries. There is established a service area within the borough designated as the "Seward -Bear Creek Flood Service Area" in that portion of the borough described as all the following referenced to the Seward Meridian, Alaska: Beginning at the southwest corner of Section 30, Township 01 South, Range 01 West, thence north http: / /www2. borough. kenai.ak.us /AssemblyClerk/ Assembly /Ordinances/2003/02003- 30.... 10/19/2011 Introduced by: Page 2 of 5 along the range line common to Ranges 01 West and 02 West to the Northwest corner of Section 6, Township 01, North, Range 01 West. Thence east along the township line common to Townships 01 North and 02 North to the northeast corner of Section 5, Township 01, North Range 01 East. Thence south along the section line to the southeast corner of Section 32, Township 01, North Range 01 East. Thence west along the township line common to Townships 01 North and 01 South to the northeast corner of Section 5, Township 01 South, Range 01 East. Thence south along the section line to the southeast corner of Section 29, Township 01 South, Range 01 East. Thence west along the section line to the point of beginning. 16.50.020. Mill levy. No mill levy in excess of 0.5 mills shall be levied on behalf of the service area unless an increase is approved during the budgetary process. 16.50.030. Board of directors. There is established a board of directors for oversight of the operations of the Seward -Bear Creek Flood Service Area composed of seven members who shall be elected by the qualified voters of the service area in the manner provided in the borough election code and KPB 16.04.065 as now enacted or may be hereinafter amended. Board seats to be filled at the first election of board members shall be staggered as follows: Seats A and D for one year; seats B and E for two years; and seats C, F, and G for three years. Seats A, B, C and F shall be filled by residents of the City of Seward, and Seats D, E, and G shall be filled by residents of the area outside the city limits of the City of Seward and inside the service area boundaries. Notwithstanding the provisions of KPB 16.04.060, the first board shall be appointed by the Mayor and confirmed by the Assembly for one year terms. 16.50.040. Board -- Meetings -- Quorum. The board shall meet periodically at a regularly scheduled time and place designated by the board. Special meetings of the board may be called by the chair of the board or by any two members upon one day's notice thereof published in a newspaper or via radio having general distribution within the service area. The notice shall set forth the time and place of the meeting and shall be mailed or telephoned to each board member. All meetings shall be open to the public as provided by law. Four board members shall constitute a quorum; however, an action shall require the affirmative vote of four board members. 16.50.050. Board -- Election of officers. At the first regular meeting following certification of the election by the assembly, and annually thereafter, the board shall elect by majority vote of the board members, and from the board members, a chairman and such other officers as the board shall determine to be desirable who shall hold office until successors are elected. 16.50.060. Board - -Terms of office. Each member of the board of directors shall be elected for a term of three years and shall serve thereafter until his or her successor has been elected, qualified and sworn to assume the duties of the office, except that the first board shall contain members elected for lesser periods as designated in the documents setting up the election to provide for staggered terms and as provided in KPB 16.50.030. 16.50.070. Board -- Vacancies -- Created when. :5 1 http: / /www2. borough. kenai. ak. us /AssemblyClerk /Assembly /Ordinances /2003/02003- 30.... 10/19/2011 Introduced by: Page 3 of 5 Vacancies on the board are created upon declaration of vacancy by the board if a member: A Fails to qualify or take office within 30 days after his or her election or appointment; B. Is physically absent from the service area for a 90 -day period, unless excused by the board; C. Changes his or her residency for a period longer than 60 days to a location outside of the jurisdiction from which the board is elected; D. Resigns and his or her resignation is accepted; E. Is physically or mentally unable to perform the duties of his or her office; F. Misses three consecutive regular meetings unless excused; or G. Is convicted of a felony or of an offense involving a violation of his or her oath of office. H. Is removed from office pursuant to a recall election. 16.50.080. Board -- Vacancies -- Filling. Vacancies on the board shall be filled by majority vote of the remaining board until the next general election of the borough at which time a new member shall be elected to fill the unexpired term or for a three -year term if no unexpired term remains. 16.50.090. Board -- Powers and duties. Pursuant to the provisions of AS 29.35.460 the board of directors of the service area, subject to KPB 16.04.001, assembly approval and appropriation of funds, shall have the power to provide flood protection, planning and mitigation services. Additionally, subject to assembly approval, the board shall be responsible for developing, implementing, and updating a development plan for furnishing flood protection services, and for determining the level of such services to be provided by the service area. Services shall only be provided that primarily address service area wide flood issues and that reflect fair use of the tax levy for watershed -wide benefit. Nothing in this ordinance shall be constructed to usurp or otherwise affect the City of Seward's authority regarding any storm water or surface water projects that primarily impact the City of Seward, and existing flood control projects or contracts with the U.S. Corps of Engineers or other agencies. The board shall develop criteria for determining service area involvement in future flood control projects, and shall coordinate with the City of Seward to ensure there is no duplication or contradiction in flood control projects or services provided. The board shall promptly provide accurate and complete copies of minutes of all board meetings, all board resolutions or other actions taken by the board to the mayor and assembly. 16.50.100. Personnel system - -Rules and regulations. Unless specifically provided otherwise, the borough personnel system and Title 3 of the Kenai Peninsula Borough Code of Ordinances apply to personnel employed by the Seward -Bear Creek Flood Service Area. 16.50.110. Employee conduct requirements. f http: / /www2. borough. kenai .ak.us /AssemblyClerk/Assembly /Ordinances /2003/02003- 30.... 10/19/2011 Introduced by: Page 4 of 5 Employees of the Seward -Bear Creek Flood Service Area are employees of the borough, and as such, are required at all times to conduct themselves in an exemplary manner befitting the public service in which they are employed. 16.50.120. Budget and fiscal control. The formulation of a budget and fiscal control of expenditures of public monies of the Seward -Bear Creek Flood Service Area are under the supervision and direction of the mayor and the assembly. The finance director of the borough shall provide the board with the rules and regulations governing the appropriation of funds, the budgeting of funds, the authorization of expenditures, and any and all rules and regulations of the borough fiscal policy to which the service area is subject. The board shall arrange for the preparation of a budget and capital program, which shall be submitted to the mayor for approval. The budget and capital expenditure proposals shall be subject to the procedures for adopting the borough budget and capital expenditures program and its consideration by the assembly. Such public hearings as are necessary shall be a part of the budgetary procedures before the board and the assembly. 16.50.130. Officers qualifications, and removal. The mayor, after considering the recommendation of the board, may appoint such administrative officers as the mayor deems necessary. These officers shall be subject to removal by the mayor as provided for administrative personnel in KPB 3.04.070. To the extent feasible, the mayor shall consider the recommendation of the service area board prior to such removal. The administrative officers shall administer policy as set by the board with the concurrence of the mayor. 16.50.140. Chief administrative officers -- Accountability. Administrative officers of the service area shall be held accountable to the mayor and the board only, and they shall make written and verbal reports to the mayor and the board as required by the mayor and the board. All other service area employees below the staff level shall be accountable to such administrative officers as are designated by the mayor and the board. 16.50.150. Policies -- Formulation and authority -- Approval required. The board, or its designee, shall formulate policies to govern the operation of the service area departments, and shall be responsible to the mayor for the personnel, morale, and general efficiency of the department. Prior to implementation, such policies shall be approved by the assembly by resolution. 16.50.160. Annual reports required. The board shall make a complete annual report to the mayor within one month after the close of the fiscal year, such report to include the information specified by the rules and regulations of the borough, together with comparative data for previous years and recommendations for improving the service to the service area. 16.50.170. Procedure -- Conduct of affairs -- Meetings. The board shall adopt bylaws or regulations governing the conduct of its affairs so long as such bylaws are procedural in nature and do not conflict with the substantive rules and regulations governing the board in its delegated powers. The board shall adopt rules of procedure for the conduct of its meetings so long as such rules of procedure are not in conflict with bylaws and regulations governing the board. http: / /www2. borough. kenai. ak. us /AssemblyClerk/ Assembly /Ordinances /2003/02003- 30.... 10/19/2011 Introduced by: Page 5 of 5 16.50.180. Purchasing -- Agent. A. The purchasing agent for the service area is the borough purchasing and contracts manager. All purchases of supplies, materials, equipment, and contractual services shall be made in accordance with the rules and regulations adopted by the assembly. B. All contracts for capital improvements and maintenance performed in connection with the service area shall be bid and administered by the borough public works department in accordance with the department's normal procedure for letting of contracts. 16.50.190. Accounts -- Vouchers -- Accounting. All accounting functions for the service area shall be under the supervision of the borough finance director who shall provide rules, regulations, and procedures governing the issuance and payment of vouchers, the issuance and payment of checks, the use of the central treasury of the borough, and the manner in which all bonds, contracts, leases or other obligations requiring the payment of funds from the appropriations in the service area budget are to be processed and administered. 16.50.200. Fiscal procedures. The service area shall abide by the fiscal policies and procedures applicable to the borough general government budget. SECTION 2. That the following proposition shall be placed before the voters of the Kenai Peninsula Borough Seward -Bear Creek Flood Service Area at the regular election to be held on October 7, 2003: PROPOSITION: "Shall the Kenai Peninsula Borough be authorized to exercise powers to provide flood planning, protection and mitigation services in the Kenai Peninsula Borough Seward -Bear Creek Flood Service Area within the service area boundaries defined by Ordinance 2003- ?" YES NO SECTION 3. That Section 2 of this ordinance shall take effect immediately upon its adoption, and Section 1 of this ordinance shall take effect upon approval of the proposition in Section 2 above by a majority of the qualified voters voting on the issue and when either the borough receives Department of Justice preclearance under the Voting Rights Act of 1965 or 60 days after the Department of Justice has received the borough's request for preclearance, whichever is earlier. If the borough's request for Department of Justice preclearance has been resolved prior to the certification of the election results, the date of certification shall be the effective date of the ordinance. SECTION 4. That this ordinance shall also only take effect after the city of Seward either agrees to be included in the service area by ordinance or approval is granted by a majority of the voters as required by AS 29.35.450. ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 6TH DAY OF AUGUST, 2003. 3 1. http: / /www2. borough. kenai .ak.us /AssemblyClerk/Assembly /Ordinances /2003/02003- 30.... 10/19/2011 O ctober 2 011 October 2011 November 2011 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 1 2 3 4 5 2 3 4 5 6 7 8 6 7 8 9 10 11 12 9 10 11 12 13 14 15 13 14 15 16 17 18 19 16 17 18 19 20 21 22 20 21 22 23 24 25 26 23 24 25 26 27 28 29 27 28 29 30 30 31 Monday Tuesday Wednesday I Thursday Friday Oct 3 4 5 6 7 6:OOpm Special CC Mtc City Election 1:OOpm Canvas Board 11:OOam PACAB Invitati 7:30pm P &Z Meeting i- 0, O 10 11 12 13 14 5:OOpm Seward Ships I 6:OOpm Budget Directi 6:30pm HP Meeting 11:30am Seward Comm 7:OOpm City Council M v 0 O 17 18 19 20 21 5:OOpm DOT Open Ho Alaska Day; Office's CI( 7:OOpm Coastal Village N n r-1 O O 24 _ 25 26 ] 27 28 7:00pm City Council KPB Runoff Election? 9:OOam Social Security 7:OOpm Fish & Game CO N a N O' O 31 Nov 1 2 3 4 a > 0 z m 0 315 Nanci Richey 1 10/20/2011 10:47 AM N ovember 2 011 November 2011 December 2011 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 3 4 5 1 2 3 6 7 8 9 10 11 12 4 5 6 7 8 9 10 13 14 15 16 17 18 19 11 12 13 14 15 16 17 20 21 22 23 24 25 26 18 19 20 21 22 23 24 27 28 29 30 25 26 27 28 29 30 31 Monday Tuesday Wednesday Thursday 31 Nov 1 y Friday 2 3 4 > 0 z r V O 7 8 9 10 11 11:30am Seward Comm [ Veteran's Day; Office's, 0 z 14 15 16 17 18 7:00pm City Council M 6:30pm P &Z Work Ses 12:OOpm PACAB Work 5 9:OOam Social Security 6:30pm Historic Preser co r, v 0 z 21 22 23 24 25 Thanksgiving ; Office's Thanksgiving; Office's N N > O z 28 29 30 Dec 1 2 7:00pm City Council M L) 0 00 z 3 1 Nanci Richey 1 10/20/2011 10:48 AM