HomeMy WebLinkAboutRes1990-105
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Sponsored by: Schaefermeyer
CITY OF SEWARD, ALASKA
RESOLUTION NO. 90-105
OF
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
SEWARD, ALASKA, ADOPTING SMALL BOAT HARBOR TARIFF NO.1,
NAMING RULES, CHARGES AND REGULATIONS FOR THE CITY
OF SEWARD CITY DOCKS AND TERMINAL FACILITIES
WHEREAS, it is appropriate to enact rules and regulations to
control the increased commercial activity at harbor, port and
terminal facilities owned and operated by the City of Seward; and
WHEREAS, Sections 7.10.510 and 7.10.515 of the Seward City
Code provide for the setting of charges and fees for the use of
harbor facilities and services by Council resolution; and
WHEREAS, publication of a general tariff is required by the
Federal Maritime Commission (FMC);
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
City of Seward Small Boat Harbor Tariff No. 1 as
and incorporated herein is hereby adopted by the
Section 1.
attached hereto
City of Seward.
Section 2. The Tariff adopted hereby shall be posted and
published pursuant to the provisions of Section 2.15.035(D) and
shall become effective ten days following council approval,
pursuant to Section 2.15.050(C)2.
PASSED AND APPROVED by the City Council of the city of Seward,
Alaska this 24th day of September, 1990.
THE CITY OF SEWARD, ALASKA
~'~J .Sl~~ ·
M~chael J. Meeh n, Act~ng Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
Burgess, Dunham, Meehan, Sieminski and Simutis
None
Hilton, Noll
None
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 90-105
ATTEST:
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(City Seal)
APPROVED AS TO FORM:
Perkins Coie, Attorneys for the
city of Seward, Alaska
7~ (lf~
Fred B. rv~dson
City Attorney
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Original Title Page
CITY OF SEWARD
SMALL BOAT HARBOR TARIFF NO. 1
Naming
Rates, Charges, Rules, and Regulations
for
City of Seward
City Docks and Terminal Facilities
Located at
The Small Boat Harbor
Seward, Alaska
Issued By
City of Seward
P. 0, Box 167
Seward, Alaska 99664
ISSUED: 09/24/90
EFFECTIVE: 10/01/90
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CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1
Original Page 1
CHECK SHEET FOR TARIFF REVISIONS
Changes in this tariff will be supplied from time to time in
looseleaf form, Upon receipt of revised or additional pages
correction numbers appearing at the bottom left margin of each such
page should be checked off against correction number listed below.
If all corrections are correctly checked on receipt, checks should
be consecutive with no omissions. Should interruption in sequence
be noted, request for missing corrections may be directed to the
city clerk.
Correction Page Correction Page Correction Page Correction Page
Number No. Number No. Number No. Number No.
1 13 16 31 46
2 34 17 32 47
3 35 18 33 48
4 19 34 49
5 20 35 50
6 21 36 51
7 22 37 52
8 23 38 53
9 24 39 54
10 25 40 55
11 26 41 56
12 27 42 57
13 27 43 58
14 29 44 59
15 30 45 60
ISSUED: 09/24/90
EFFECTIVE: 10/01/90
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CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1
TABLE OF CONTENTS
Check Sheet for Tariff Revisions
Table of Contents
Explanation of Abbreviations Which Appear
in Tariff . , , . . . . , . , .
SECTION I - GENERAL RULES AND REGULATIONS
Notice to Public
Definitions - General
Application of Tariff
Application of Rates
Insurance
Responsibility for Charges, Collection
and Guarantee of Charge
Liability for Loss or Damage and Indemnity,
Rights of City of Seward
Shippers Requests and Complaints
Delays - No Waiver of Charges
Manifests Required of Vessels
Berthing,
Safety, Sanitation and Housekeeping
Responsibility for Property Damage
Bulk Petroleum Products
SECTION II - DEFINITIONS AND CHARGES
Wharfage
Wharf Demurrage
Travelift
Travelift Fees
Upland Storage
Tidal Grid
Handling, Loading and Unloading
Service Charges
Passenger Fees
Original Page 2
Subsection
Paqe
N/A
N/A
1
2
N/A
3
100
105
110
115
120
4
5
7
9
10
11
125
130
135
140
145
150
155
160
165
13
15
19
20
21
22
28
30
31
210
215
220
225
230
235
240
245
250
32
34
36
38
39
41
42
43
46
SECTION III - CONDITIONS OF DOCKING AND FACILITY USE
Vessel Berthing Application
Supplement to Vessel Application
Conditions of Berthing
ISSUED: 09/24/90
300
305
310
47
48
50
EFFECTIVE: 10/01/90
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CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1
B,M,
Bbl.
Bdl.
Cs.
C.L,
Cu.Ft.
Dkg.
Ea.
F.F,
F.M.C.
Gals,
Hdlg,
Inc.
K.D.
K,D.F.
L.C,L.
Ldg.
Lgth,
M.B,M.
Meas.
Original Page 3
EXPLANATION OF ABBREVIATIONS AND CHARACTERS
WHICH MAY APPEAR IN TARIFF
Board Measure
Barrel
Bundle
Case;ctn-carton;crt-crate
Carload
Cubic Foot or Feet
Dockage
Each
Folded Flat
Federal Maritime Commission
Gallons
Handling
Including, Inclusive or
Incorporated
Knocked Down
Knocked Down Flat
Less Than Carload
Loading
Length
1,000 Ft. Board Measure
Measurement
ISSUED: 09/24/90
Min.
Misc.
M.T.
No.
N,O,S.
Par.
Pkg,
S.U.
Sq.Ft,
Stg,
Term'l.
Unldg.
U.S.
W,T,
W/M
W,R,
Yd,
Minimum
Miscellaneous
Cubic Ton of 40 cu. ft.
Number
Not otherwise specified
herein
Paragraph
Package
Set-Up
Square Foot or Feet
Storage
Terminal
Unloading
United States of America
Weight ton of 2,000
pounds
Weight ton of 2,000
pounds or cubic
ton of 40 cu. ft.
Warehouse Receipt
Yard
EFFECTIVE: 10/01/90
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CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1
Original Page 4
SECTION I
GENERAL RULES AND REGULATIONS
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 Small Boat 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, Also,
the City has adopted, and reserves the right to adopt
specific tariffs governing particular marine-related
facilities operated by the City of Seward, In parti-
cular, the City of Seward General Terminal Tariff No.1
issued 2/1/90 and Seward Marine Industrial Center Shiplift
System Tariff No. 1 as amended by Amendment No. 1 issued
4/9/90 apply to certain facilities in Seward.
ISSUED: 09/24/90
EFFECTIVE: 10/01/90
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CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1
Original Page 5
Subsection
DEFINITIONS - GENERAL
(a) DEFINITIONS OF FEDERAL MARITIME COMMISSION MAY
CONTROL:
100
Unless provided in this tariff, applicable definitions
set forth in 46 C.F,R, ~ 515.6 shall control.
(b) CITY DOCKS:
The City Docks of the City of Seward include all docks,
floats, slips, wharves, ramps, piers, bulkheads, 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:
Whenever in this tariff reference is made to holidays
the following days are included: New Year's Day,
Washington's Birthday, Seward's Day, Memorial Day,
Independence Day, Labor Day, Alaska Day, Veterans' Day,
Thanksgiving Day and 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 purpose of this tariff,
(e) 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.
ISSUED: 09/24/90
EFFECTIVE: 10/01/90
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CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO, 1
Original Page 6
DEFINITIONS - GENERAL (CONTINUED)
(f) SLIP:
A berthing location within the float system of the
Small Boat Harbor, A slip does not include the float
or finger of the float; only the space between or adjacent
to it.
(g) 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,
(h) "VESSEL" DEFINED:
Whenever in this tariff reference is made to a "vessel"
the term shall mean any ship or barge, self-propelled or
other than self-propelled.
ISSUED: 09/24/90
Subsection
100
EFFECTIVE: 10/01/90
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CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1
Original Page 7
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 jurisdictional
control of the City of Seward and located within the
harbor bounded by the rubble breakwater at the North-
western head of Resurrection Bay (Small Boat Harbor)
under the jurisdiction and control of the City of Seward,
and specifically to Municipal Docks, appurtenant structures
thereto and waterways under the management of the City of
Seward, However, the rates, charges, rules and regulations
herein do not apply to the facilities outside the Small
Boat Harbor and covered by the City of Seward General
Terminal Tariff No. 1 issued 2/1/90 and the Seward
Marine Industrial Center Ship1ift System Tariff No.1
as amended by Amendment No, 1 issued 4/9/90. Rates,
charges, rules and regulations for facilities outside
the Small Boat Harbor and for the Ship1ift are covered
by separate tariffs, Special terms and conditions
exist for the Fourth Avenue Dock operations by the
State of Alaska, Alaska Marine Highway System for
operations of the State Ferry System,
(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.
ISSUED: 09/24/90
Subsection
105
EFFECTIVE: 10/01/90
CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1 Original Page 8
. Subsection
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APPLICATION OF TARIFF (CONTINUED) 105
(c) ACCEPTANCE OF TARIFF:
Use of the city 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 agreements are consistent with existing local, state
and federal law governing the civil and business rela-
tions 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 comply with any additional
Conditions of Docking and Facility Use set forth in
Section III contained herein.
ISSUED: 09/24/90
EFFECTIVE: 10/01/90
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CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO, 1
Original Page 9
Subsection
APPLICATION OF RATES
110
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
600 F, net, or 376 1bs. per barrel of bulk cement.
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."
ISSUED: 09/24/90
EFFECTIVE: 10/01/90
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CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1
Original Page 10
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 or terminal facilities, If the City does
acquire any such insurance, the charges for that
insurance shall be in addition to the dockage and
wharfage fees described in this tariff.
ISSUED: 09/24/90
Subsection
115
EFFECTIVE: 10/01/90
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CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1
Original Page 11
Subsection
RESPONSIBILITY FOR COLLECTION AND GUARANTEE OF CHARGE 120
(a) RESPONSIBILITY FOR CHARGES:
The vessel, its owner or agents, shippers or
consignees, and the owner of cargo on the vessel 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, 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 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 cargo,
from a vessel owner, charterer, shipper or
consignee, before the cargo leaves the
city docks or terminal facilities.
(3) For all charges on perishable goods or freight
of doubtful value, or household goods.
ISSUED: 09/24/90
EFFECTIVE: 10/01/90
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CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1
Original Page 12
Subsection
RESPONSIBILITY FOR COLLECTION AND GUARANTEE OF CHARGE 120
(CONTINUED)
(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 its anticipated terminal 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) Adequate security, acceptable to the Harbormaster,
has been posted; or
(3) The agent requesting terminal services or use or
any another entity acceptable to the Harbormaster
as credit worthy, has personally accepted financial
responsibility for the applicable charges.
The Harbormaster retains the right in his sole discretion
to determine whether a responsible party or an agent is credit
worthy.
(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 expense, including legal expense, litigation
cost, or costs of agents employed to effect collection shall
also be assessed to, and payable by, such accounts.
ISSUED: 09/24/90
EFFECTIVE: 10/01/90
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CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO, 1
Original Page 13
LIABILITY FOR LOSS OR DAMAGE AND INDEMNITY
(a) RESPONSIBILITY LIMITED:
No persons other than employees of the holders of author-
ized 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. The City of
Seward, its employees and agents, shall not be liable
for the injury of persons on City docks, or terminal
facilities, nor shall they be liable for any loss,
damage or theft occasioned by such persons' presence
on the City docks, 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.
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, weevil 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 or logs,
piling or camel logs required in breasting vessels away from
wharf; nor will they be answerable for any loss or damage or
delay arising from insurrection, shortage of labor, combin-
ations, riots or strikes of any persons in their employ or
in the service of others, or from any consequences arising
therefrom, except the City of Seward shall be liable for any
portion of loss or damage that is directly caused by its own
negligence.
ISSUED: 09/24/90
Subsection
125
EFFECTIVE: 10/01/90
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CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1
Original Page 14
Subsection
LIABILITY FOR LOSS OR DAMAGE AND INDEMNITY (CONTINUED) 125
(b) INDEMNITY:
User, vessel, vessel owner and its agents, shippers or
consignees shall indemnify 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) OWNERS 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.
ISSUED: 09/24/90
EFFECTIVE: 10/01/90
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CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1
Original Page 15
RIGHTS OF 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 equipment, materials or vessel or to remove any
vessel, person or cargo at any time from any city dock
or terminal facility, This right shall be reserved
at all times to the City without responsibility for
demurrage, loss or damage when
(1) Previous arrangements for berthing, 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 harbor-
master, the circumstances then prevailing or
likely to occur will prevent the city docks 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 to discharge:
(1) Cargo for which previous arrangements for space,
receiving, unloading or handling have not been
made with the Harbormaster by shipper, consignee
or vessel,
(2) Cargo not suitably packed for safe transportation.
Subsection
130
ISSUED: 09/24/90
EFFECTIVE: 10/01/90
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CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1
Original Page 16
Subsection
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RIGHTS OF CITY OF .S;;~~gl).{C;ONTXNUED)
130
(3) Cargo deemed by the Harborma8ter. in the reasonable
exercise of his discretion. that is offensive,
perishable or hazardous. Hazardous cargo must
have been prepared for shipment in accordance with
the applicable Department of Transportation
regulations (including 49 CFR ?arts 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, dur ing a per iod of congesti on, or in cases
of emergency, when, in the judqmm; l of the
Harbormaster, the circumstances theu 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 in order to provide for efficient operation of the
city docks or terminal facilities and promote the objectives
of the Seward City Code.
(d) RIGHT TO REMOVE, TRANSFER OR WAREHOUSE CARGO:
(1) Hazardous or offensive carqo. 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 either be removed from its present
location to any other location with all expenses
and risk of loss or damage to be for account of
the owner, shipper, or consignee.
(2) Carqo beyond free time. Any cargo rema1n1ng
on city dock or terminal facilities after
expiration of any applicable free time, may be
removed to public or private warehouses, with all
expense or removal and risk of loss or damage to
be for account of the owner, shipper, consignee or
vessel as responsibility may appear on shipping
documents, manifests or other sources.
ISSUED: 09/24/90
EFFECTIVE: 10/01/90
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CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1
Original Page 17
RIGHTS OF CITY OF SEWARD (CONTINUED)
(e) RIGHT TO WITHHOLD DELIVERY 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 warehouse
with all cost of removal and subsequent handling and
storage for the account 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, pro-
vided 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, providing owner has been given
proper notice to pay charges and to remove said freight
and has neglected or failed to do so with 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 Seward Small Boat Harbor.
(h) RIGHT TO REMOVE, TRANSFER, OR REARRANGE VESSELS:
(1) Hazardous vessels or vessels with hazardous
carqo. In his discretion, the Harbormaster
shall at all times have the right to immed-
iately remove any hazardous or offensive
vessel, or any vessel containing hazardous
cargo, or any vessel or one containing cargo,
which by its nature, is liable to damage
other vessels or other cargo or harbor or
port facilities. The vessel may either be
removed from its present location to any other
location with all expenses and risk of loss or
damage to be for account of the owner, shipper,
vessel or consignee,
ISSUED: 09/24/90
Subsection
130
EFFECTIVE: 10/01/90
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CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1
Original Page 18
RIGHTS OF CITY OF SEWARD (CONTINUED)
(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,
with all expense or removal and risk of loss or
damage to be for account of the owner, shipper,
consignee, or vessel.
(3) Movement of vessels to reduce conqestion, 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,
(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 with all expense or
removal and risk of loss or damage for the account of the
vessel that last occupied the facility or the owner,
shipper or consignee or vessel as responsibility may
appear on shipping documents, manifests or other sources.
ISSUED: 09/24/90
Subsection
130
EFFECTIVE: 10/01/90
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CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1
Original Page 19
subsectio~
REQUESTS AND COMPLAINTS
135
Requests and complaints may be made by any shipper,
vessel, or vessel agent by filing a written state-
ment with the Harbormaster, City of Seward, P,O,
Box 167, Seward, Alaska 99664.
ISSUED: 09/24/90
EFFECTIVE: 10/01/90
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CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1
Original Page 20
Subsection
DELAYS - NO WAIVER OF CHARGES
140
Delays which may be occasioned in loading, unloading,
receiving or delivering freight or the berthing of
vessels 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, con-
signees or carriers of the freight or vessel from full
wharf demurrage, berthing or other terminal charges
or expenses which may be incurred under conditions
stated herein,
ISSUED: 09/24/90
EFFECTIVE: 10/01/90
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CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1
Original Page 21
Subsection
MANIFESTS REQUIRED OF VESSELS
145
Masters, owners, agents or operators of vessels are
required to furnish the City of Seward with complete
copies of vessels' manifests showing names of con-
signees 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 author-
ized official of the company and must also designate
the basis weight or measurement on which ocean
freight was assessed, In lieu of manifests, freight
bills containing all information as required above
may be accepted.
ISSUED: 09/24/90
EFFECTIVE: 10/01/90
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CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1
Original Page 22
Subsection
BERTHING
150
(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 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) PREFERENCE TO RESERVED DOCK USE:
The City Docks in the Small Boat Harbor include
those adjacent to Seward Fisheries', Inc" on-shore
facilities including the "T Dock". At the City
Dock priority is given to dock use reserved in
advance with the Harbormaster. The dock constructed
is to be used first for receiving and delivery of
fish and fish products to Seward Fisheries, Inc. 's,
on-shore facilities, Reservations remain effective
if such use begins within 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.
ISSUED: 09/24/90
EFFECTIVE: 10/01/90
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CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1
Original Page 23
BERTHING (CONTINUED)
(c) WAITING LIST FOR PERMANENT SLIP ASSIGNMENT:
Due to the scarcity of slips on the City of Seward float
system, vessels will be assigned permanent
slips based on waiting lists maintained by the Harbor-
master's office, Separate waiting lists shall be
maintained for the following size floats:
17 feet
23 feet
32 feet
40 feet
50 feet
75 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 $20.00 per year per listing upon the
waiting list(s) for a permanent slip assignment,
(d) PERMANENT SLIP ASSIGNMENTS:
(a) 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.
(3) To maximize the use of the Small Boat Harbor a
permanently assigned slip may be assigned to a
transient vessel when the 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 a vessel with a permanent
slip assignment may berth at that assigned slip.
Subsection
150
ISSUED: 09/24/90
EFFECTIVE: 10/01/90
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CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1
Original Page 24
BERTHING (CONTINUED)
(5) A vessel assigned a permanent slip assignment
should notify the Harbormaster when departing
the harbor for more than 5 days, If away from
Seward for more than 5 days, a permanently
assigned vessel should notify the Harbormaster
of its intended arrival date and time back into
the Small Boat Harbor.
(e) 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.
(f) NOTICE UPON ARRIVAL:
All vessels should notify the Seward Small Boat Harbor
office, prior to arrival, Those vessels who have received
permanently assigned slips should notify the Harbormaster's
office 24 hours prior to expected arrival to allow the
harbor staff 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
City Dock
If, as is frequently the case during periods of
congestion, all the above berths are full, a vessel is
permitted to raft to a vessel already berthed,
ISSUED: 09/24/90
Subsection
150
EFFECTIVE: 10/01/90
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CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1
Original Page 25
BERTHING (CONTINUED)
(g) VESSEL REGISTRATION:
All vessels must have a current Registration Form (request
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,
(h) CALCULATION OF BERTHING RATES:
Berthing 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 Harbor-
master determines that congestion and use of the public
facilities by others will not be adversely affected,
Berthing charges shall be calculated on the length of the
vessel, or the length of the float (slip) assigned,
whichever is qreater.
Berthing charges will be assessed on the length-over-all
of the vessel. Length-aIl-over 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, length-over-a11 of the vessel as
published in "L10yds Register of Shipping" may be used.
The City of Seward reserves the right to: (1) Obtain the
1ength-over-al1 from the vessel's register, or (2) measure
the vessel.
ISSUED: 09/24/90
Subsection
150
EFFECTIVE: 10/01/90
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CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1
Original Page 26
Subsection
BERTHING (CONTINUED)
(i) DAILY RATES:
150
With the sole exception of vessels who
annual fee, all berthing charges shall
RATE. The daily rate for temporary or
berthing shall be as follows:
have paid an
be on a DAILY
transient
Lenqth of Vessel or Float
(whichever is qreater)
Under 19'
20' - 32'
33' - 45'
46' - 58'
59' - 71'
72' - 84'
85' - 97'
98' - 110'
111' - 123'
124' - 136'
137' - 149'
150' - 162'
163' - up
(j) ANNUAL BERTHING FEES:
Daily Fees
$ 3.64
7,21
10,08
11.35
14 .19
16.99
19,80
22,66
25.52
28.32
31,13
33.99
38.85
Under the following conditions a vessel owner/operator
may elect to pay Berthing Fees on an annual basis in
advance.
(1) The vessel owner/operator has completed
a Vessel Berthing Form in the form attached
to this tariff.
(2) The vessel owner/operator has paid the
annual fee based on the following rates
determined by the length of the vessel, or,
in the case of a permanently assigned berth,
the length of the slip, whichever is greater:
Vessel or float to 30'
31' - 40'
41' - up
23. 56/foot/year
21.27/foot/year
20. 67/foot/year
ISSUED: 09/24/90
EFFECTIVE: 10/01/90
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CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1
Original Page 27
BERTHING (CONTINUED)
(3) At the option of the vessel owner/operator the
Annual Berthing Fee may be paid in TWO EQUAL
INSTALLMENTS of 60% of the rate determined above.
The first installment is due and payable on the
day the vessel owner/operator completes the
Request for Mooring, The second installment is
due on or before six (6) months later.
(4) 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 Annual Berthing Fee in two
semi-annual installments, each of which represents
60% of the annual fee due on or before December 31
of the preceding year and June 30 of the current
year.
(k) FLOAT PLANE FEES:
A fee in the amount of $8,00 per day shall be charged
for float plane berthing in the confines of the Small
Boat Harbor.
ISSUED: 09/24/90
Subsection
150
EFFECTIVE: 10/01/90
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CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1
Original Page 28
Subsection
SAFETY, SANITATION AND HOUSEKEEPING
(a) SAFETY AND SANITATION:
155
All users of city docks and terminal facilities shall
exercise due care for the protection of life and property
and the public from injury or damage.
Additional safety and sanitation rules applicable to docks
and terminal facilities should be consulted. Ordinances of
the City of Seward of particular relevance include Chapter
9.15 (Fire Prevention and the Uniform fire Code), Title 14
(Utilities including Garbage, Sewer, Refuse, Electricity and
Water) and Chapter 7,10 (Ports and Harbors),
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, including those adopted by
international treaty, apply to city docks or terminal facilities.
All users, including shippers, 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 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.
(c) RESPONSIBILITY FOR HOUSEKEEPING:
Users of docks and other terminal facilities will be required
to maintain same in an orderly manner as directed by the
Harbormaster. If user does not properly clean property used,
the Harbor Director shall order the work performed and user
will be billed for the services in accordance with the rates
set forth in Subsection 245 of this tariff.
ISSUED: 09/24/90
EFFECTIVE: 10/01/90
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CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO, 1
Original Page 29
SAFETY, SANITATION AND HOUSEKEEPING (CONTINUED)
(d) SMOKING PROHIBITED:
No smoking shall be allowed on any wharf, pier or in
any facility, warehouse or transit during fuel operations
or at any time on any fuel station. Persons violating
this rule may be barred, at the discretion of the
Harbormaster, from the further use of any wharf or
facility and, in addition, shall be subject to prosecution
under applicable Federal, State and Municipal Laws,
(e) WASTE OIL AND PETROLEUM PRODUCTS:
All 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
such products as a convenience to the boating public.
Up to five gallons of waste 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 waste oil or
petroleum products on City docks, wharves, piers, or
finger floats. Any vessel/owner/agent storing or
disposing of 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 waste oil may be accepted by the
Harbormaster upon prior arrangement by written approval
on a case-by-case basis,
ISSUED: 09/24/90
Subsection
155
EFFECTIVE: 10/01/90
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CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1
Original Page 30
Subsection
RESPONSIBILITY FOR PROPERTY DAMAGE
160
Users damaging city docks or other property of the City
of Seward will be responsible for cost of repairs,
User will be billed for repairs to damaged property
at cost, including overhead.
ISSUED: 09/24/90
EFFECTIVE: 10/01/90
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CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1
Original Page 31
Subsection
BULK PETROLEUM PRODUCTS
165
(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.
(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 any
Terminal facility after a vessel completes loading or
discharging unless otherwise authorized by the Harbor-
master, In the event the City of Seward performs any
of the above named services, rates shall be charged in
accordance with Subsection 215 of this tariff and
billed to shipper, consignee or vessel.
(c) REGULATIONS GOVERNING PETROLEUM PRODUCTS:
The transfer of bulk petroleum products shall be
made in compliance with City of Seward Code provisions
including Chapter 9,15 (Fire Prevention and the Uniform
Fire Code), as well as other local, state and federal
law, rule or regulation.
(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.
ISSUED: 09/24/90
EFFECTIVE: 10/01/90
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CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1
Original Page 32
Subsection
WHARFAGE
210
(a) DEFINITION:
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 wharf and
does not include handling, sorting, piling of freight
or charges for any other services.
(b) APPLICATION:
Wharfage rates named in this tariff will be charged
for all merchandise received over the City Docks
within the Small Boat Harbor 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.
(c) OVERS IDE :
One-half of wharfage named herein will be charged to
merchandise discharged or loaded overs ide of vessel
directly to or from another vessel or to the water when
vessel is berthed at wharf.
(d) OVERS TOWED CARGO:
OVerstowed cargo destined for discharging at another port
will be exempt of wharfage charges, provided such cargo is
not removed from the wharf prior to re-Ioading to the vessel.
ISSUED: 09/24/90
EFFECTIVE: 10/01/90
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CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1
WHARFAGE (CONTINUED)
(e) SCHEDULE OF RATES:
Original Page 33
Subsection
210
Except as otherwise specifically provided, rates are
in cents per ton of 2000 lbs. or per 40 cu, ft,
COMMODITY
WHARFAGE
RATE
Freight N,O,S.
Scrap (iron, steel)
Raw fish not to be
processed within the
city limits of Seward
$ 2.06
2,06
30.00
Poles, logs, cants, or cut
finished lumber per MBM
(note: 2,000 lbs. shall
be deemed 1 MBM)
2,06
Petroleum products (inbound)
(per barrel)
,17
Petroleum products (out-
bound) (per barrel)
,24
Petroleum products--Gaso1ine
(per gallon)
,01
Plastic material
4,12
Vans or containers
(net contents weight)
Vehicles (gross
vehicle weight)
2.00
5.00
ISSUED: 09/24/90
EFFECTIVE: 10/01/90
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CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1
Original Page 34
Subsection
WHARF DEMURRAGE
215
(a) DEFINITION:
A charge assessed against cargo remaining in or on
terminal facilities after the expiration of free
time, unless arrangements have been made for storage.
(b) FREE TIME:
(1) Definition: 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.
(2) Computinq free time: Free time is calculated
exclusive of Saturdays, Sundays or holidays,
Free time starts the first 7:00 A.M, after
freight is received or unloaded onto wharf from
car or truck, or, in the case of freight received
from vessel, the first 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 period, 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,
(3) Free time period: Free time of five days will
be allowed on all inbound traffic. Free time
of ten days will be allowed on all outbound traffic,
ISSUED: 09/24/90
EFFECTIVE: 10/01/90
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CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1
Original Page 35
Subsection
WHARF DEMURRAGE (CONT INUED)
215
(c) RATES:
Wharf Demurrage will be assessed at the following rates:
Per day, per ton (2000 1bs.)
or portion thereof
First 5 days After 5 days
All Freight
N.O,S.
Mobile homes,
portable buildings
and living quarters
$ 2.40
$ 1. 20
25.00/day/unit
100.00/day/unit
(d) 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 dock, 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 in-bound or out-bound. Cargo that is
allowed to wait for "beyond" transportation shall
adhere to the following rules,
(1) The Harbormaster shall designate lay-down
areas for cargo.
(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 on
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.
ISSUED: 09/24/90
EFFECTIVE: 10/01/90
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CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1
Original Page 36
Subsection
50-TON TRAVEL 1FT
220
(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 and his consideration in
that determination of 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,
(2) Whether the lift poses a risk of loss of
public or private property, including
potential damage to the travelift or other
City property;
(b) BOAT LIFT AGREEMENT:
No vessel shall be lifted from land or water
without a boat lift use agreement in the form of
that 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.
ISSUED: 09/24/90
EFFECTIVE: 10/01/90
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CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1
Original Page 37
Subsection
TRAVELIFT (CONTINUED)
(c) RESPONSIBILITIES:
220
The vessel owner/operator must be present during
all vessel lifts and must inspect and approve of
the City's proposed placement of lift slings, lines,
and destination location. It is the responsibility
of the vessel owner/operator 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 hours of receiving
notice from the Harbormaster or his agents,
ISSUED: 09/24/90
EFFECTIVE: 10/01/90
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CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1
Original Page 38
TRAVELIFT FEES
(a) DEFINITION:
The lift fee is the charge for lifting a vessel
from the water or the land utilizing the city
50-ton trave1ift, A separate lift fee is generated
whenever a vessel is lifted, even it if is only
lifted and relocated on land. Lift fees do not
include labor charges for operation of the trave1ift
system as described in subsection 245.
(b) LIFT FEE:
(1)
Minimum Fee. The mlnlmum fee for a lift
shall be One Hundred Twenty Five Dollars
($125) for the first hour of use or any
portion of time less than one hour,
The lift fee will be determined by the
1ength-over-a1l of the vessel. A full
lift fee is earned once a lift has commenced,
even if that lift is subsequently interrupted,
suspended or cancelled for any reason. The
risk of loss because of a suspended or
cancelled lift by reason of mechanical
failure or difficulty with the trave1ift
system is on the vessel owner/operator.
(2)
Additional Lift Fee Rates for Larqe Vessels.
In addition to the Minimum Fee, the lift fee
shall be $10.00 per foot of vessel length for
each foot over 50 foot in length.
ISSUED: 09/24/90
Subsection
225
EFFECTIVE: 10/01/90
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CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1
Original Page 39
UPLAND STORAGE
(a) AREA OF LAND AVAILABLE:
The City of Seward will make available a limited
area of land for storage of boats or boats on trailers
subject to the following conditions:
(1) Space is made available on a first-come
first-serve basis.
(2) No vessel or trailer may be placed on the
designated upland storage area without prior
permission of the Harbormaster.
(3) From May 15 through September 15 upland storage
space is only to be used by vessels undergoing
active repairs, Vessels that are not being
repaired are to be removed from the upland
storage area at the Harbormaster's discretion.
(4) From September 16 through May 14 storage space
will be made available for vessel storage.
(b) METHOD OF 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 monthly charge.
(c) LAY TIME:
No charge for storage should be generated for lay
time of ten (10) days or less. Any lay time beyond
ten (10) consecutive days shall generate one month
charge.
(d) RATES:
A minimum monthly charge of $50.00 per boat, trailer
or cradle shall be assessed against any vessel, trailer
or cradle up to 50' in length. In addition, $1.00 per
month shall be charged for any vessel, trailer or cradle
for each foot of length beyond 50',
ISSUED: 09/24/90
Subsection
230
EFFECTIVE: 10/01/90
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CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1
Original Page 40
Subsection
UPLAND STORAGE (CONTINUED)
(e) EMPTY CRADLES/TRAILERS:
230
For purposes of this tariff, a vessel trailer or
cradle shall be treated as a vessel of the length
of the vessel normally occupying the cradle. Cradles
or trailers placed or remaining on the upland
storage area prior to or after a vessel is stored
shall generate storage fees at the same rates as the
vessel.
ISSUED: 09/24/90
EFFECTIVE: 10/01/90
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CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1
TIDAL GRID
Grid rental rates shall be as follows:
First 72 hours or portion thereof
Vessels less than 24' in length
Vessels 24' or more but less than 32'
Vessels 23' or more but less than 45'
Vessels 45' or more but less than 60'
Vessels 60' or more but less than 75'
Vessels 75' and over
Daily charqes after the first 72 hours
Vessels less than 24' in length
Vessels 24' or more but less than 32'
Vessels 32' or more but less than 45'
Vessels 45' or more but less than 60'
Vessels 60' or more but less than 75'
Vessels 75' and over
Original Page 41
Subsection
235
Daily charqe
$ 7.21
14,42
26,78
28.31
37,65
56.65
$ 14,42
28.84
53.56
56.62
75,30
113.30
The Harbormaster shall issue written permission for
use of the grid and no boat shall be moored onto the
grid until such permission has been granted. The
grid use shall be on a first come, first serve basis.
ISSUED: 09/24/90
EFFECTIVE: 10/01/90
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CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1
Original Page 42
HANDLING, LOADING AND UNLOADING
(a) HANDLING DEFINED:
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.
(b) LOADING AND UNLOADING DEFINED:
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,
(c) TERMINAL USE PERMIT:
Handling, loading, and unloading services are provided
by independent agents at all terminal facilities covered
by this tariff. A Terminal Use Permit is available to
any qualified agent desiring to provide longshore
services at the terminal facilities of the City of Seward
and is attached to this tariff,
ISSUED: 09/24/90
Subsection
240
EFFECTIVE:IOj01/90
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CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1
Original Page 43
SERVICE CHARGES
A service charge is assessed, in addition to any
other charges set forth in this tariff, for specific
services provided by the City of Seward or its agents,
Service charges do not include charges for dockage,
wharfage, wharf demurrage, and handling.
(a) SPECIFIC SERVICES:
The following rates shall apply for services provided
by the City of Seward,
(1) Potable water furnished to vessels:
(a) Less than 1,000 gallons from harbor
facilities not requiring City assis-
tance or use of fire hydrant. No
charge,
(b) All service in excess of 1,000 gallons
basic charge, flat fee of $50.00. Taking
on water between 5:01 P.M. and 7:59 A.M,
on any day requires the flat fee, basic
charge in the amount of $100.00.
(c) In addition to (b), a variable
rate of $2.50/1,000 gallons shall be
charged for potable water.
(2) Electricity (per kilowatt):
(i) Connect fee
(ii) Electricity (per kilowatt hour)
(iii) Customer charge (per month)
(3) Towing inside small boat harbor:
$25.00 plus labor and personnel
(4) Pumping vessel:
$10.00 plus labor and personnel
(b) LABOR/PERSONNEL:
$20.00
$ .1006
$15,40
(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 user.
The City shall charge for labor provided by
the City for the following services:
(i) all services not specifically described
in this Tariff;
ISSUED: 09/24/90
Subsection
245
EFFECTIVE: 10/01/90
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CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1
Original Page 44
SERVICE CHARGES (CONTINUED)
(ii) services of loading, unloading, or trans-
ferring cargo for which no specific
commodity rates are provided and which
cannot be performed at the rates named
under NOS 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 of 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 condi-
tions or requirements of shippers not
normally incidental to such services, preclude
the performance; and
(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,
(2) Rates named in this tariff for services involving
labor are predicated upon straight-time wages for
a work day between the hours of 8 A.M. and
5 P.M. Monday through Sunday, When overtime or
penalty time wages to labor is necessary, rates
are adjusted to include such penalties or
differential rates.
When a user notifies the Harbormaster for labor
for a specified time and labor is on the job
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 through no fault of the City,
(3) All labor provided by city personnel shall be
charged at $33.93/hour straight-time (no
premium) and $50.89/hour overtime, Work
requiring call-outs shall be charged at a
minimum of two hours at the overtime rate,
ISSUED: 09/24/90
Subsection
245
EFFECTIVE: 10/01/90
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CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1
Original Page 45
SERVICE CHARGES (CONTINUED)
(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.
(d) SPECIAL SERVICES:
Except where otherwise required by law, the
Harbormaster has the authority to refuse to ~rovide
or to arrange for the provision of services In
addition to those set out in paragraph A above.
Special services, including waste, bulk oil, or
garbage disposal shall be billed at the city's
actual cost (including city labor costs as
determined in paragraph II 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
$ 50.00
(2) Reconnection to approved existing
meter installation during regular
business hours (8 A,M, - 5 P.M.)
20.00
(3) Reconnection to approved existing
meter installation outside regular
business hours
140,00
(4) Deposit
100.00
(5) Tampering with or unauthorized
breaking of meter seal
500,00
(6) Dishonored check fee
10.00
(7) Reconnection after disconnect of
delinquent account
40.00
ISSUED: 09/24/90
Subsection
245
EFFECTIVE: 10/01/90
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CITY OF SEWARD SMALL BOAT HARBOR TARIFF NO. 1
Original Page 46
Subsection
PASSENGER FEES
In addition to other tariff provisions, the terms and
conditions of this item apply and charges are assessed
to passenger vessels and cruise ships or other vessels
carrying, passengers for compensations,
250
Fee
Passengers
each. .
Passengers
or wharf
embarking from pier to vessel,
debarking from vessel to pier
each
$2,00
$2.00
Exception: Passenger fees do not apply to:
(1) Passengers on vessels having accommodations
for twelve or less passengers; or
(2) Passengers sightseeing or travelling
between points within 100 miles of the
port, or
(3) Passengers on sport fishing vessels; or
(4) Personnel traveling free.
ISSUED: 09/24/90
EFFECTIVE:10j01j90
CITY OF SEWARD GENERAL TARIFF NO. 1
Original Page 47
SECT ION II I
CONDITIONS OF DOCKING AND FACILITY USE
.
Subsection
VESSEL BERTHING APPLICATION
300
Berthing is requested at Terminal Facilities of the City
of Seward, Alaska
By: Of: On:
(Authorized Individual (Agency Firm) (Date)
Owned or/
For: Operated by:
(Vessel Identification) (Firm)
For Loading/Discharge of:
(Description of
Commodities/No. of
Containers
(Quantity)
To Arrive on: As Voyage No,
(Estimated Hour/Date)
To Depart on: As Voyage No,
(Estimated Hour/Date)
. Vessel Length Overall :
Terminal Use Permit Holder:
(Estimated Hour/Date)
NOTES AND CONDITIONS
Acceptance of this vessel berthing application by the City of Seward
does not guarantee the applicant a berth, This application is subject
to the Regulations, Rules and Terms of the terminal tariff and to the
timely filing of the Statement of Financial Responsibility provided
and incorporated herewith as Supplement to this Vessel Berthing
Application. Berth space is committed consistent with the attached
memorandum outlining the City's Berthing Policy,
Application Received: By:
Application Approved: By:
Berth Assigned:
Special Crane or Cargo Handling Equipment Required:
For Port Use Only
Time/Date:
Time/Date:
.
ISSUED: 09/24/90
EFFECTIVE: 10/01/90
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CITY OF SEWARD GENERAL TARIFF NO. 1
Original Page 48
Subsection
SUPPLEMENT TO VESSEL APPLICATION
305
VESSEL: LOA: ETA: ETD :
VESSEL OWNER/LINE:
VESSEL CHARTERER:
LOAD: TERMS OF AFFREIGHTMENT:
(Commodity Type & Amount/# of Containers)
TO DISCHARGE: TERMS OF AFFREIGHTMENT:
(Commodity Type & Amount/# of Containers)
BERTH DESIRED:
DATE: Separate submissions of this document are required when the
vessel affreightment for part of the cargo differs from the terms of
affreightment for any other part of the cargo.
CATEGORY OF PORT CHARGES
PARTY RESPONSIBLE ESTIMATED
FOR PAYMENT DOLLAR AMOUNT
FOR PORT
USE ONLY
1.
2.
3.
4.
5.
Dockage
Wharfage
Water
Fuel
Miscellaneous
Total Estimated Charges:
$
Pursuant to the Instructions set forth in the Conditions of Berthing
form, the undersigned hereby seeks the arrangement of berthing
facilities on behalf of the above-named vessel, and attests to the
accuracy of the information provided to the extent set forth in
paragraph C of the Conditions and Berthing:
Date:
, 19
(Berthing Agent)
By:
(As Agent Only)
ACCEPTANCE OF FINANCIAL RESPONSIBILITY FOR PAYMENT
In connection with the Vessel Berthing Application dated , 19
the undersigned hereby accepts responsibility, on its own behalf, for
payment of the terminal charges listed under the line items as
designated below which correspond with those designated in the above
Supplement to Vessel Berthing Application, in a maximum amount not to
exceed 125% of the aggregate estimated dollar amount shown above for
the relevant line items, or 125% of such other sum as the City of
Seward, after review and revision of such estimates, has provided to
the undersigned in writing, in which latter case a copy of such
writing is physically attached hereto.
ISSUED: 09/24/90
EFFECTIVE: 10/01/90
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CITY OF SEWARD GENERAL TARIFF NO. 1
Original Page 49
Subsection
SUPPLEMENT TO VESSEL APPLICATION (CONTINUED)
305
CATEGORY OF PORT CHARGE LINE ITEM(S)
(Name of Company)
CATEGORY OF TERMINAL CHARGES LINE ITEM(S)
(Name of Company)
ISSUED: 09/24/90
No. FOR PORT USE
By:
(Authorized Signature)
No. FOR PORT USE
By:
(Authorized Signature)
EFFECTIVE: 10/01/90
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CITY OF SEWARD GENERAL TARIFF NO, 1
Original Page 50
CONDITIONS OF BERTHING
All applications for vessel berthing shall be made in
the form specified by the Harbormaster and may require
the timely filing of the financial responsibility
information called for by Supplement to Vessel Berthing
Application, completed in accordance with, and otherwise
governed by, the terms and conditions set forth below:
Unless waived pursuant to paragraph B below, terms of
payment for all applicable terminal charges shall be
cash in advance, A cash deposit or acceptable security
in an amount equal to 125% of the estimated applicable
charges will be required to be posted with the Harbor-
master 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. In any case, in which a
cash deposit has been posted, any excess thereof,
after satisfaction of all applicable port charges,
shall be promptly refunded by the terminal to the
party posting same.
The Harbormaster may waive the requirement of cash
in advance as to all or any category or categories
of its anticipated port charges when the party
responsible for such charges has been identified by
the berthing agent to the satisfaction of the
Harbormaster, and:
(1) That party responsible has established credit
worthiness acceptable to the Harbormaster; or
(2) Adequate security, acceptable to the Harbormaster,
in an amount equal to 125% of the applicable
estimated port charges, has been posted; or
(3) The agent requesting the berth, or another
entity, in each case acceptable to the Harbor-
master as credit worthy, has personally
accepted financial responsibility for the
applicable charges,
The vessel agent or other person requesting a berth
("berthing agent") shall, as a part of the berthing
process, provide to the extent of his knowledge all
information called for by any Supplement to Vessel
Berthing Application respecting the vessel, its
estimated arrival and departure, amount(s) and type(s)
ISSUED: 09/24/90
Subsection
310
EFFECTIVE:10j01j90
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CITY OF SEWARD GENERAL TARIFF NO, 1
Original Page 51
CONDITIONS OF BERTHING (CONTINUED)
of cargo to be loaded/discharged, and estimate of
amount of each category of port charges, as
enumerated, and party responsible therefor, The
submission of this form, signed by the berthing
agent, shall constitute the berthing agent's
attestation as to the accuracy of the information
therein supplied, based upon and to the extent of
information made available to the berthing agent at
the time of submission; and the berthing agent shall
be held personally liable to the City of Seward for
any financial loss suffered by the City of Seward as
a result of the agent's failure so to 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 Harbor-
master, promptly file an amended Supplement to Vessel
Berthing Application with the Harbormaster.
All estimates of terminal charges are subject to approval
and/or adjustment by the Harbormaster.
The Harbormaster shall, promptly after receipt of
this form, 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 anyone or more categories of such charges and the
amount thereof.
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,
The City of Seward retains the right in its sole discre-
tion to determine whether a responsible party or 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.
ISSUED: 09/24/90
Subsection
310
EFFECTIVE: 10/01/90
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CITY OF SEWARD GENERAL TARIFF NO. 1
Original Page 52
Subsection
CONDITIONS OF BERTHING (CONTINUED)
310
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 of 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.
ISSUED: 09/24/90
EFFECTIVE: 10/01/90