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Home My WebLink About11092009 City Council Packet Seward City Council Agenda Packet , 145K p ' .t` +l 1+41‘r {i gOtNr y .,�r ', .• I �r�yn In Honor of Veteran's Day November 09 2009 City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 The City of Seward, Alaska Al CITY COUNCIL MEETING AGENDA $ "`' {Please silence all cellular phones and pagers during the meeting } ° November 9, 2009 7:00 p.m. Council Chambers 1. CALL TO ORDER Willard E. Dunham 2. PLEDGE OF ALLEGIANCE Mayor 3. ROLL CALL Term Expires 2011 4. CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING. Jean Bardarson [Those who have signed in will be given the first opportunity to Vice Mayor speak. Time is limited to 2 minutes per speaker and 30 minutes total Term Expires 2010 time for this agenda item.] 5. APPROVAL OF AGENDA AND CONSENT AGENDA Robert Valdatta [Approval of Consent Agenda passes all routine items indicated by Council Member asterisk ( *). Consent Agenda items are not considered separately Term Expires 2011 unless a council member so requests. In the event of such a request, the item is returned to the Regular Agenda] Tom Smith Council Member 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Term Expires 2011 A. Proclamations and Awards 1. Introduction of the Teen & Youth Council Vanta Shafer B. Borough Assembly Report Council Member C. City Manager's Report Term Expires 2011 D. Mayoral Report E. Other Reports, Announcements and Presentation Marianna Keil Council Member 7. PUBLIC HEARINGS Term Expires 2010 A. Resolutions Requiring a Public Hearing Linda Amberg Council Member 1. Resolution 2009 -104 through 2009 -114, Adoption Of Fiscal Years Term Expires 2010 2010 and 2011 City Budget, Consisting Of General Funds, Enterprise Funds, Motor Pool Fund, Debt Service Funds And The Capital Budget. (Clerk's note: this is a public hearing item only. The budget Phillip Oates will come before the council for adoption at the 11/23/09 city council City Manager meeting) P g . 4 Jean Lewis 2. Resolution 2009 -115, Amending The Electric Rates And Charges City Clerk Tariff To Include Automatic Annual Adjustments To All Rates And Fees By An Amount Equal To The Previous Five Full Years' Average Cheryl Brooking Increase In The Anchorage Consumer Price Index For All Urban City Attorney Consumers, And Automatic Pass - Through Of Rate Increases From Chugach Electric Association. Pg. 41 City of Seward Alaska Council Agenda November 9, 2009 Page 1 3. Resolution 2009 -116, Amending The Port And Harbor Tariff And Providing For Automatic Annual Adjustments To Moorage And Dockage Rates By An Amount Equal To The Five Previous Full Years' Average Increase In The Anchorage Consumer Price Index For All Urban Consumers. ...Pg. 56 4. Resolution 2009 -117, Amending The Water Tariff And Providing For Automatic Annual Adjustments 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. 134 5. Resolution 2009 -118, Amending The Wastewater Tariff And Providing For Automatic Annual Adjustments 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. 156 8. NEW BUSINESS A. Resolutions *1. Resolution 2009 -119, Accepting A Grant In The Amount Of $1,827.30 From The Alaska Highway Safety Office For 2010 First Quarter Alaska Strategic Traffic Enforcement Program (ASTEP) Driving Under The Influence (DUI) Enforcement Campaign And Appropriating Funds Pg. 172 *2. Resolution 2009 -120, Supporting The Alaska Coastal Communities Global Climate Change Compact. Pg. 177 *3. Resolution 2009 -121, Authorizing The City Manager To Enter Into A Purchase Agreement for 30,000 Feet Of 1/0, 15KV Primary Wire For A Total Amount Not To Exceed $59,850.00. Pg. 188 4. Resolution 2009 -122, Authorizing The City Manager To Enter Into An Agreement With URS Corporation (URS) For Change Order #7 To The East Harbor Expansion Contract For An Amount Not -1'o- Exceed $72,04122 And Appropriating Funds For Engineering, Design And Permitting Services For A Northeast Harbor Uplands Development Plan In The Seward Small Boat Harbor. . Pg. 196 *5. Resolution 2009 -123, Approving Amendment No. 14 To The Contract With Hoffman, Silver, Gilman & Blasco, P.C. To Extend The Term For Federal Lobbying Representation Through December 31, 2011 For A Total Of $6416.66 Per Quarter In 2010 And $7,058.33 Per Quarter In 2011. Pg. 203 *6. Resolution 2009 -124, Approving Amendment No. 21 To The Contract With Kent Dawson Company, Inc. For State Lobbying Services Through December 31, 2011 For A Total Of $19,250 Per Quarter. Pg. 208 City of Seward, Alaska Council Agenda November 9, 2009 Page 2 B. Other New Business Items *1. Non - objection to liquor license renewal for Chinook's Waterfront. Pg. 215 2. Recommendations for the KPB Planning Commission vacancy to be appointed by the Borough Mayor David Carey. 3. Discuss advertising media. 9. INFORMATIONAL ITEMS AND REPORTS (No action required) 10. COUNCIL COMMENTS 11. CITIZENS' COMMENTS [5 minutes per individual - Each individual has one opportunity to speak.] 12. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS 13. ADMINISTRATIVE APPEAL Culinary Academy Remodel- (appeal retracted) ..... ............................... Pg. 220 14. ADJOURNMENT City of Seward, Alaska Council Agenda November 9, 2009 Page 3 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009 -104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ADOPTING THE WATER ENTERPRISE FUND BIENNIAL BUDGET FOR CALENDAR YEARS 2010 AND 2011 WHEREAS, the Seward City Council met on September 14 and September 28, 2009 to authorize budget policies and provide budget guidance to the administration, and conducted extensive work sessions for the purpose of discussing enterprise fund capital infrastructure needs and rate reviews on September 15, 24, 28, and 29, 2009; and WHEREAS, on October 12, 2009, the city manager submitted to the City Council a proposed biennial budget for the City of Seward for Calendar Years 2010 and 2011; and WHEREAS, the biennial budget was introduced at the regularly scheduled Council meeting on October 12, 2009, and work sessions were conducted and televised on October 13, 14, 15, and 16, 2009; and WHEREAS, a public hearing was held on the proposed budget on November 9, with final adoption scheduled for November 23, 2009. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Water Enterprise Fund budget for Calendar Years 2010 and 2011 which is attached hereto and made a part hereof by reference and which contains estimated revenues and expenses for the period January 1, 2010 - December 31, 2011, is HEREBY ADOPTED, and the necessary funds are hereby appropriated. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 23` day of November, 2009. THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor 4 WATER EN I ERPRISE FUND Budgeted Statement of Revenues and Expenses and Change in Net Assets For Fiscal Year 20I0 and 2011 2008 2009 20I0 201I Actual * Budget Budget Budget Operating revenue: Residential 358,347 370,000 377,280 396,521 Small General Service 104,I93 I10,000 117,376 123,362 Large General Service 159,245 188,484 157,200 165,217 SM1C Sales 64,015 74,000 62,880 66,087 Industrial Sales 145,287 160,000 136,240 143,I88 Miscellaneous 60,838 62,200 60,500 60,500 Charges for Services I06,6I6 92,000 83,840 88,115 Total operating revenue: $998,541 $I,056,684 $995,3I6 $I,042,990 Operating expense before depreciation: Salaries & Benefits 257,891 28I,127 355,151 365,202 Purchased services 203,931 407,000 364,000 370,500 Supplies & Maintenance 102,182 91,100 127,600 138,600 General & Administrative 223,469 249,280 262,614 275,I44 Total operating expense: $787,473 $1,028,507 $I,109,365 $1,149,446 Operating income before depreciation 2I1,068 28,I77 - 114,049 - I06,456 Depreciation 224,309 (c) 2I2,I42 (d) 202,436 202,133 Operating income (loss) - $I3,241 - $183,965 - $316,485 4308,589 Non - operating revenues (expenses) Interest income 113,713 I05,000 68,000 68,000 Other revenue 83,I84 0 0 0 Interest expense - 185,708 - 55,419 - 48,708 - 46,602 Total non - operating revenues (expenses) $11,189 $49,58I $19,292 $2I,398 Earnings before transfers and contributions - $2,052 - $I34,384 - $297,193 - $287,I9I Transfers Out - 84,883 - 83,070 - 8I,660 - 83,410 Transfers In 0 0 0 0 Capital contributions and special items 99,527 0 0 0 Change in net assets $I2,592 4217,454 - $378,853 - $370,60I Beginning net assets $5,684,776 $5,697,368 $5,479,914 $5,I0I,061 Ending net assets $5,697,368 $5,479,9I4 $5,I0I,061 $4,730,460 * Ties to annual Comprehensive Annual Financial Report Of total depreciation expense, the following amounts were attributable to capital assets funded with capital contributions: (a) $32,033 or 14 %; (b) $32,033 or I5 %; (c) $29,439 or I5 %; (d) $27,653 or I4% v `a CITY OF SEWARD WATER ENTERPRISE FUND Budgeted Statement of Cash Flow For Fiscal Year 20I0 and 201 I 2009 2010 2011 Budget Budget Budget Beginning cash balance at 1/1/09: * $1,320,497 Cash is provided by (used for): Loan payment for LTC project 0 5,630 5,630 Change in net assets - $217,454 - $378,853 - $370,601 Add expense items not affecting cash: Depreciation 2I2,142 202,436 202,I33 Net cash provided by (used for) operations - $5,3I2 - $I70,787 - $I62,838 Other uses of cash Debt principal payments - 1I4,071 - I40,427 - 142,534 Capital outlay - 80,000 - 40,000 (a) - 40,000 (b) Net increase (decrease) in cash - $199,383 - $351,2I4 - $345,372 Estimated ending cash balance $I,I2I,114 $769,900 $424,528 ( °) Ties to CAFR and includes only Water Enterprise Fund; excludes related capital projects. See below. (a) Equipment = $40K - backup generator No depreciation reserve contribution. (b) Infrastructure costs = $40K; No Depreciation reserve fund contribution. Cash Balance - Water Fund & Related Capital Projects (9/30/09): Fund 70I - Water Enterprise Fund $I,5I2,732 Capital needs Listed below p° Fund 700 - Major Maintenance, Repair & Replacement Fund 4,0I9 Earmarked for capital budget Fund 704 - Forest Acres /Gateway Water and Sewer Lines 29,423 Project complete Fund 707 - Storage Tanks 0 Earmarked for capital project Fund 708 - Fire Hydrant, Phase II 6I,9I2 Earmarked for capital project Fund 710 - Water Source Study - 20,398 Earmarked for capital project Fund 7I3 - Third Avenue Water Line 45,000 Earmarked for capital project Total Water - related Cash: $I,632,688 6 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009 -105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ADOPTING THE WASTEWATER ENTERPRISE FUND BIENNIAL BUDGET FOR CALENDAR YEARS 2010 AND 2011 WHEREAS, the Seward City Council met on September 14 and September 28, 2009 to authorize budget policies and provide budget guidance to the administration, and conducted extensive work sessions for the purpose of discussing enterprise fund capital infrastructure needs and rate reviews on September 15, 24, 28, and 29, 2009; and WHEREAS, on October 12, 2009, the city manager submitted to the City Council a proposed biennial budget for the City of Seward for Calendar Years 2010 and 2011; and WHEREAS, the biennial budget was introduced at the regularly scheduled Council meeting on October 12, 2009, and work sessions were conducted and televised on October 13. 14, 15, and 16, 2009; and WHEREAS, a public hearing was held on the proposed budget on November 9, with final adoption scheduled for November 23, 2009. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Wastewater Enterprise Fund biennial budget for Calendar Years 2010 and 2011 which is attached hereto and made a part hereof by reference and which contains estimated revenues and expenses for the period January 1, 2010 - December 31, 2011, is HEREBY ADOPTED, and the necessary funds are hereby appropriated. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 23` day of November, 2009. THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor 7 WASTEWATER ENTERPRISE FUND Budgeted Statement of Revenues and Expenses and Change in Net Assets For Fiscal Year 20I0 and 20I I 2008 2009 20I0 2011 Actual' Budget Budget Budget Operating revenues: Residential 442,273 430,000 461,120 484,637 Small General Service 1I0,287 I08,000 111,088 116,753 Large General Service 179,035 I95,000 I88,640 198,260 SMIC Sales 49,878 56,000 41,920 44,058 Miscellaneous 19,622 2,500 2,000 2,000 Total operating revenues: $801,095 $791,500 $804,768 $845,708 Operating expenses before depreciation: Salaries & Benefits 236,490 I99,400 260,388 268,107 Purchased services I37,I71 484,000 2I8,800 227,400 Supplies & Maintenance IO2,461 112,250 I10,950 I12,450 General & Administrative I48,0I7 I57,966 166,I53 I73,045 Total Operating Expenses: $624,139 $953,616 $756,291 $78I,002 Operating income before depreciation 176,956 - 162,1I6 48,477 64,706 Depreciation 275,745 (c) 277,286 (d; 276,609 272,794 Operating Income (Loss) - $98,789 - $439,402 4228,132 - $208,088 Non - operating revenues (expenses) Interest income 26,576 30,000 26,200 26,200 Interest expense -5,054 -4,466 -3,603 -2,727 Other non - operating revenue I1,980 0 0 0 Total non - operating revenues (expenses) $33,502 $25,534 $22,597 $23,473 Income (loss) before operating transfers - $65,287 - $4I3,868 - $205,535 - $184,6I5 Capital contributions and special item 259,137 0 0 0 Net transfers In (Out) - 69,087 - 68,320 - 66,940 - 67,970 Change in net assets $124,763 - $482,I88 4272,475 - $252,585 Beginning net assets $5,942,889 $6,067,652 $5,585,464 $5,3I2,989 Ending net assets $6,067,652 $5,585,464 $5,312,989 $5,060,404 ° Ties to annual Comprehensive Annual Financial Report Of total depreciation expense, the following amounts were attributable to capital assets funded with capital contributions: (a) $2I5,801 or 78 %; (b) $214,611 or 77 %; (c) $215,657 or 78 %; (d) 82I5,657 or 79% 8 CITY OF SEWARD WASTEWA IER ENTERPRISE FUND Budgeted Statement of Cash Flow For Fiscal Year 2010 and 2011 2009 20I0 2011 Budget Budget Budget Beginning cash balance at I /I /09: ° $356,I04 Cash is provided by (used for): Change in net assets - $482,188 - $272,475 - $252,585 Add expense items not affecting cash Depreciation 277,286 276,609 272,794 Net cash provided by (used for) operations - $204,902 $4,I34 $20,209 Other uses of cash Debt principal payments - 57,57I - 58,417 (a) - 59,274 (c) Capital outlay - 64,000 - 20,000 (b) - 20,000 (d) Net increase (decrease) in cash - $326,473 - $74,283 - $59,065 Estimated ending cash balance $29,63I - $44,652 - $I03,7I7 ( °) Ties to CAFR and includes only Wastewater Enterprise Fund; excludes related capital projects, See below. (a) $58,417 represents: Dairy Hill sewer loan principal - $I,333; Lowell Point sewer lagoon loan principal - $57,084 (b) $2.0,000 capitalized infrastructure costs; No Motor Pool contribution; No Depreciation reserve contribution. (c) $59,274 represents: Dairy Hill sewer loan principal - $I,333; Lowell Point sewer lagoon loan principal - $57,94I (d) $20,000 infrastructure; No equipment; No Motor Pool contribution; No Depreciation reserve contribution. Cash Balance - Wastewater Fund & Related Capital Projects (@ 9/30/09): Fund 703 - Wastewater Enterprise Fund $229,752 Fund 702 - Major Maintenance, Repair & Replacement Fund I63,938 Designated for capital items below Fund 706 - Backup Generator at Lift Station #3 22,430 Designated for capital project Total Wastewater- related Cask $4I6,120 ;'t Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009 -106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ADOPTING THE SEWARD MARINE INDUSTRIAL CENTER ENTERPRISE FUND BIENNIAL BUDGET FOR CALENDAR YEARS 2010 AND 2011 WHEREAS, the Seward City Council met on September 14 and September 28, 2009 to authorize budget policies and provide budget guidance to the administration, and conducted extensive work sessions for the purpose of discussing enterprise fund capital infrastructure needs and rate reviews on September 15, 24, 28, and 29, 2009; and WHEREAS, on October 12, 2009, the city manager submitted to the City Council a proposed biennial budget for the City of Seward for Calendar Years 2010 and 2011; and WHEREAS, the biennial budget was introduced at the regularly scheduled Council meeting on October 12, 2009, and work sessions were conducted and televised on October 13, 14, 15, and 16, 2009; and WHEREAS, a public hearing was held on the proposed budget on November 9, with final adoption scheduled for November 23, 2009. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Seward Marine Industrial Center Enterprise Fund budget for Calendar Years 2010 and 2011 which is attached hereto and made a part hereof by reference and which contains estimated revenues and expenses for the period January 1, 2010 - December 31, 2011, is HEREBY ADOPTED, and the necessary funds are hereby appropriated. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 23 day of November, 2009. THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor 1.0 SMIC ENTERPRISE FUND Budgeted Statement of Revenues and Expenses and Change in Net Assets For Fiscal Year 20I0 and 2011 2008 2009 20I0 20II Actual ° Budget Budget Budget Operating revenue: Moorage 704 4,I25 2,625 2,625 Wharfage 2,590 4,250 3,250 3,250 Boat Lift Fees I18,350 110,000 I I5,000 115,000 Power Sales 24,779 20,000 20,000 20,000 Storage 8I,059 100,000 110,000 110,000 Rents and Leases 72,573 72,669 70,986 73,II6 Miscellaneous 4,462 I,000 I,000 I,000 Total operating revenue: $304,5I7 $3I2,044 $322,86I $324,99I Operating expense before depreciation: Salaries & Benefits 97,237 111,237 7I,I38 73,8I8 Purchased Services 116,516 I26,800 I27,300 120,800 Supplies and Maintenance 39,352 60,000 49,500 50,000 General and Administrative 247,I24 72,064 84,478 88,809 Total operating expense: $500,229 $370,I0I $332,4I6 $333,427 Operating income before depreciation - 195,712 - 58,057 -9,555 -8,436 Depreciation 642,635 (a) 642,0I0 6 622,010 O () 60I,507 Operating loss (838,347) (700,067) (63I,565) (609,943) Non - operating revenue (expense) Investment income and other I0,665 0 0 0 Interest expense (6,589) (46,207) (3,7I9) (2,066) Total non - operating revenue (expense) 4,076 (46,207) (3,7I9) (2,066) Income (loss) before contributions & transfers (834,27I) (746,274) (635,284) (6I2,009) Transfers in 348,655 I40,230 70,567 I24,640 Capital contributions 0 0 0 0 Transfers out - 54,I00 - 55,485 - 54,043 - 55,I08 Change in net assets ($539,716) ($66I,529) ($6I8,760) ($542,477) Beginning net assets $27,898,483 $27,358,767 $26,697,238 $26,078,478 Ending net assets $27,358,767 $26,697,238 $26,078,478 $25,536,00I # Ties to annual Comprehensive Annual Financial Report Of total depreciation expense, the following amounts were attributable to capital assets funded with capital contributions: (a) $523,543 or 8I %; (b) $523,543 or 82 %; (c) $503,042 or 8I %; (d) $482,529 or 80% 11 CITY OF SEWARD SMIC ENTERPRISE FUND Budgeted Statement of Cash Flow For Fiscal Year 20I0 and 201 I 2009 20I0 2011 Budget Budget Budget Beginning Cash Balance at I/1/09 *: $I26,457 Cash is provided by (used for): Change in Net Assets - 66I,529 - 6I8,760 - 542,477 Add expense items not affecting cash Depreciation 642,010 622,010 60I,507 Net cash provided by operations -$19,519 $3,250 $59,030 Other uses of cash Debt principal payments - 55,094 - 55,094 (a) - 59,030 (a) Net increase (decrease) in cash - $74,6I3 - $5I,844 $0 Estimated ending cash balance: $5I,844 $0 $0 '° Ties to CAFR (a) North SMIC Dock Bond 12 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009 -107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ADOPTING THE SMALL BOAT HARBOR ENTERPRISE FUND BIENNIAL BUDGET FOR CALENDAR YEARS 2010 AND 2011 WHEREAS, the Seward City Council met on September 14 and September 28, 2009 to authorize budget policies and provide budget guidance to the administration, and conducted extensive work sessions for the purpose of discussing enterprise fund capital infrastructure needs and rate reviews on September 15, 24, 28, and 29, 2009; and WHEREAS, on October 12, 2009, the city manager submitted to the City Council a proposed biennial budget for the City of Seward for Calendar Years 2010 and 2011; and WHEREAS, the biennial budget was introduced at the regularly scheduled Council meeting on October 12, 2009, and work sessions were conducted and televised on October 13, 14, 15, and 16, 2009; and WHEREAS, a public hearing was held on the proposed budget on November 9, with final adoption scheduled for November 23, 2009. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Harbor Enterprise Fund biennial budget for Calendar Years 2010 and 2011 which is attached hereto and made a part hereof by reference and which contains estimated revenues and expenses for the period January 1, 2010 - December 31, 2011, is HEREBY ADOP1'ED, and the necessary funds are hereby appropriated. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 23` day of November, 2009. THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor 13 SMALL BOAT HARBOR EN 1 ERPRISE FUND Budgeted Statement of Revenues and Expenses and Change in Net Assets For Fiscal Year 20I0 and 2011 2008 2009 2010 2011 Actual * Budget Budget Budget Operating revenue: Moorage 1,353,666 I,324,400 I,351,306 1,378,085 Wharfage 51,729 55,000 55,000 55,000 Boat Lift Fees 83,909 89,250 89,250 89,250 Power Sales 232,243 240,000 243,000 255,000 Passenger Transit Fee 657,248 650,000 500,000 550,000 Capital Renewal & Replacement Fee 0 0 I00,000 I00,000 Rents and Leases 290,796 291,893 292,660 302,985 Miscellaneous I07,085 106,450 I07,950 127,950 Total operating revenue $2,776,676 $2,756,993 $2,739,166 $2,858,270 Operating expense before depreciation: Salaries & Benefits 839,2I2 885,I67 9I4,786 948,973 Purchased Services 3I9,I36 285,900 343,300 306,800 Power for Resale 147,197 I60,000 I68,003 I76,400 Supplies and Maintenance 163,059 I17,700 I21,450 I29,450 General and Administrative 185,940 391,824 395,036 408,I74 Total operating expense: 51,654,544 $1,840,59I 51,942,575 $I,969,797 Operating income before depreciation 1,I22,I32 9I6,402 796,59I 888,473 Depreciation I,0I2,I80 (a) I,043,963 (b) I,086,240 (c) I,210,663 (d) Operating loss $I09,952 - $I27,56I - $289,649 - 5322,190 Non - operating revenue (expense) Interest & other income 878,I27 38,000 21,000 21,000 Interest & other expense - 379,907 -366,721 - 346,923 - 326,487 Total non - operating revenue (expense) 498,220 - 328,72I - 325,923 - 305,487 Income (loss) before transfers $608,172 - 5456,282 - $615,572 - $627,677 Transfers in 0 0 365,000 365,000 Capital contributions and special items 2,095,572 0 0 0 Transfers out - 319,595 - 302,234 - 595,965 - 6I5,817 Change in net assets $2,384,149 - $758,516 - $846,537 - $878,494 Beginning net assets 15,647,I39 I8,03I288 17,272,773 I6,426,236 Ending net assets 518.03 L288 517.272.773 .$I6,426.236 $I5,547,2 * Ties to annual Comprehensive Annual Financial Report Of total depreciation expense, the following amounts were attributable to capital assets funded with capital contributions: (a) 546,5I5 or 54 %; (b) $556,432 or 53 %; (c) $628,245 or 58 %; ( d) $752,I74 or 62% 14 CITY OF SEWARD SMALL BOAT HARBOR ENTERPRISE FUND Budgeted Statement of Cash Flow For Fiscal Year 20I0 and 2011 2009 20I0 20II Budget Budget Budget Beginning Cash Balance at I /1 /09 *: $I,I69,083 Cash is provided by (used for): Change in net assets - 758,5I6 - 846,537 - 878,494 Passenger fee revenues under budget - I50,000 0 0 Add expense items not affecting cash Depreciation 1,043,963 1,086,240 1,210,663 Net cash provided by operations $135,448 $239,703 $332,I69 Other sources (uses) of cash Transfer fm Passenger Fee Fund to cover shortfal 150,000 (e) I97,791 (f) 153,459 (f) Debt principal payments - 359,040 - 380,088 (a) - 406,I93 (c) Capital outlay - 5I,043 - 53,600 (b) - 54,900 (d) Net increase (decrease) in cash - $124,636 $3,806 $24,535 Estimated ending cash balance: $I.044.448 § $I,072,789 Ties to CAFR and includes only Harbor Enterprise Fund; excludes related capital projects (a) $I40K = 2000 Bond; $60K = 2005 Float Extension Bond; $I60K = 2006 South Harbor Bond and $20,088 is Travelift loan reimbursement to motor pool fund. (b) $53,600 = Motor Pool contributions; No investment in equipment. No MRRF contribution this year. (c) $ISOK = 2000 Bond; $65K = 2005 Float Extension Bond; $I70K = 2006 South Harbor Bond and $21,193 is Travelift loan reimbursement to motor pool fund. (d) Motor Pool contributions. No investment in equipment. No MRRF contribution this year. (e) Passenger fee revenues expected to come in $I50K lower than budgeted. (f) Passenger fee revenues expected lower than annual bond debt, so transfer from Bond Fund reserves is necessary. Cash Balance - Harbor Fund & Related Capital Projects (Balance @ 9/30/09) Fund 401 - Small Boar Harbor Enterprise Fund - $231,238 Fund 274 - Small Boat Harbor Expansion 468,501 Bond Funds: Earmarked Fund 276 - Harbor Dredging 0 Earmarked for capital project Fund 315 - Harbor Repair and Renovation 77,955 Earmarked for capital project Fund 402 - Major Maintenance and Repair 199,600 Cruise ship head tax for specific use Fund 806 - Passenger Fee Bond 1,026,945 Earmarked for bond payments Total Harbor - related Cash: $1,541,763 15 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009 -108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ADOPTING THE PARKING ENTERPRISE FUND BIENNIAL BUDGET FOR CALENDAR YEARS 2010 AND 2011 WHEREAS, the Seward City Council met on September 14 and September 28, 2009 to authorize budget policies and provide budget guidance to the administration, and conducted extensive work sessions for the purpose of discussing enterprise fund capital infrastructure needs and rate reviews on September 15, 24, 28, and 29, 2009; and WHEREAS, on October 12, 2009, the city manager submitted to the City Council a proposed biennial budget for the City of Seward for Calendar Years 2010 and 2011; and WHEREAS, the biennial budget was introduced at the regularly scheduled Council meeting on October 12, 2009, and work sessions were conducted and televised on October 13, 14, 15, and 16, 2009; and WHEREAS, a public hearing was held on the proposed budget on November 9, with final adoption scheduled for November 23, 2009. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Parking Enterprise Fund biennial budget for Calendar Years 2010 and 2011 which is attached hereto and made a part hereof by reference and which contains estimated revenues and expenses for the period January 1, 2010 - December 31, 2011, is HEREBY ADOPTED, and the necessary funds are hereby appropriated. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 23 day of November, 2009. THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor 16 PARKING ENTERPRISE FUND Budgeted Statement of Revenue and Expenses and Change in Net Assets For Fiscal Year 2010 and 2011 2008 2009 20I0 20II Actual * Budget Budget Budget Operating revenue - parking fees $240,339 $I51,450 $23I,650 $266,830 Operating expense: Salaries & Benefits 88,670 I00,247 I30,530 132,257 Purchased Services I3,000 I8,750 20,I00 I9,200 Supplies and Maintenance 8,383 I4,975 2I,8I5 I9,8I5 General and Administrative I3,793 I5,947 27,278 27,645 Total operating expense: $123,846 $I49,9I9 $199,723 $I98,9I7 Operating income before depreciation 116,493 1,53I 3I,927 67,9I3 Depreciation 6,208 6,000 7,3I3 7,313 Operating income (ooss) $I10,285 - $4,469 $24,6I4 $60,600 Non - operating revenues (expense) Interest Income and other I6,524 6,000 I2,000 12,000 Total non - operating revenue(expense) $I6,524 $6,000 $I2,000 $I2,000 Transfers to other funds - $I9,227 - $20,496 - 518,532 - $21,350 Change in net assets $107,582 - $I8,965 $18,082 $5I,250 Beginning net assets $378,849 $486,43I $467,466 $485,548 Ending net assets $486,43I $467,466 $485,548 $536,798 a Ties to annual Comprehensive Annual Financial Report 17 CITY OF SEWARD PARKING ENTERPRISE FUND Budgeted Statement of Cash Flow For Fiscal Year 2009 2009 2010 2011 Budget Budget Budget Beginning Cash Balance at 1/1/09 *: $430,786 Cash is provided by (used for): Change in net assets - $18,965 $18,082 $51,250 Add expense items not affecting cash Depreciation 6,000 7,3I3 7,313 Net cash provided by operations - $12,965 $25,395 $58,563 Other uses of cash Capital outlay (a) - 26,000 - 272,000 (a) - I59,000 (b) Net increase (decrease) in cash - $38,965 - 8246,605 - $100,437 Estimated ending cash balance $391,821 $145,216 $44,779 ( °) Ties to Comprehensive Annual Financial Report (a) $272K = $230K patch, seal, stripe North, Middle, South lots; $32K 2 pay stations; $I0K gravel (b) $I59K = $150K patch, seal, stripe S.E. and N.E. lots; $9K coward pay station. 18 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009 -109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ADOPTING THE HOSPITAL DEBT SERVICE FUND BIENNIAL BUDGET FOR CALENDAR YEARS 2010 AND 2011 WHEREAS, the Seward City Council met on September 14 and September 28, 2009 to authorize budget policies and provide budget guidance to the administration; and WHEREAS, on October 12, 2009, the city manager submitted to the City Council a proposed biennial budget for the City of Seward for Calendar Years 2010 and 2011; and WHEREAS, the biennial budget was introduced at the regularly scheduled Council meeting on October 12, 2009, and work sessions were conducted and televised on October 13, 14, 15, and 16, 2009; and WHEREAS, a public hearing was held on the proposed budget on November 9, with final adoption scheduled for November 23, 2009. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Hospital Debt Service . Fund biennial budget for Calendar Years 2010 and 2011 which is attached hereto and made a part hereof by reference and which contains estimated revenues and expenditures for the period January 1, 2010 - December 31, 2011, is HEREBY ADOPTED, and the necessary funds are hereby appropriated. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 23 day of November, 2009. THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor 19 HOSPITAL DEBT SERVICE FUND Budgeted Statement of Revenues, Expenditures, Other Financing Sources (Uses) and Changes in Fund Balance For Fiscal Year 2010 and 2011 2008 2009 2010 2011 Actual * Budget Budget Budget Revenues (investment earnings): $35,140 $22,890 $25,000 S25,000 Expenditures: Debt service principal 640,000 685,000 735,000 785,000 Debt service interest and other costs I23,788 107,I69 86,725 63,925 Hospital contributions for operational shortfall 42,249 500,000 0 0 Total expenditures $806,037 $1,292,169 $821,725 $848,925 Excess (deficit) of revenues over expenditures - $770,897 - $1,269,279 - $796,725 - $823,925 Operating transfers from other funds I,023,383 1,025,000 95I,685 98I,63I Operating transfers to other funds - 134,704 - 134,704 - 134,704 - 134,704 Net change in fund balance $117,782 - $378,983 $20,256 $23,002 Beginning fund balance $945,478 $1,063,260 $684,277 $704,533 Ending fund balance $1,063,260 $684,277 $704,533 $727,535 * Ties to annual Comprehensive Annual Financial Report Budget policy allows for contributions to hospital for capital repairs and replacement, at the rate of 5% of the prior years' ending fund balance, but only in years where the balance in this account equals the single highest years' debt payment, of $878,500. 20 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009 -110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ADOPTING THE SEWARD MOUNTAIN HAVEN DEBT SERVICE FUND BIENNIAL BUDGET FOR CALENDAR 'YEARS 2010 AND 2011 WHEREAS, the Seward City Council met on September 14 and September 28, 2009 to authorize budget policies and provide budget guidance to the administration: and WHEREAS, on October 12, 2009, the city manager submitted to the City Council a proposed biennial budget for the City of Seward for Calendar Years 2010 and 2011; and WHEREAS, the biennial budget was introduced at the regularly scheduled Council meeting on October 12, 2009, and work sessions were conducted and televised on October 13, 14, 15, and 16, 2009; and WHEREAS, a public hearing was held on the proposed budget on November 9, with final adoption scheduled for November 23, 2009. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Seward Mountain Haven Debt Service Fund biennial budget for Calendar Years 2010 and 2011 which is attached hereto and made a part hereof by reference and which contains estimated revenues and expenditures for the period January 1, 2010 - December 31, 2011, is HEREBY ADOPTED, and the necessary funds are hereby appropriated. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 23` day of November, 2009. THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor 21 SEWARD MOUNTAIN HAVEN DEBT SERVICE FUND Budgeted Statement of Revenues, Expenditures, Other Financing Sources (Uses) and Changes in Fund Balance For Fiscal Year 20I0 and 20I I 2008 2009 2010 2011 Actual Budget Budget Budget Revenues - LTC capital cost reimbursement $0 $0 $1,292,663 $1,955,663 Expenditures: Debt service principal 0 0 0 680,000 Debt service interest and other costs 0 0 I,292,663 I,275,663 Total expenditures $0 $0 51,292,663 $1,955,663 Excess (deficit) of revenues over expenditures 50 $0 50 $0 Operating transfers from other funds 0 0 0 0 Operating transfers to other funds 0 0 0 0 Net change in fund balance 50 $0 $0 $0 Beginning fund balance 50 $0 $0 $0 Ending fund balance $0 $0 $0 $0 22 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009 -111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ADOPTING THE MOTOR POOL INTERNAL SERVICE FUND BIENNIAL BUDGET FOR CALENDAR YEARS 2010 AND 2011 WHEREAS, the Seward City Council met on September 14 and September 28, 2009 to authorize budget policies and provide budget guidance to the administration, and conducted extensive work sessions for the purpose of discussing enterprise fund capital infrastructure needs and rate reviews on September 15, 24, 28, and 29, 2009; and WHEREAS, on October 12, 2009, the city manager submitted to the City Council a proposed biennial budget for the City of Seward for Calendar Years 2010 and 2011; and WHEREAS, the biennial budget was introduced at the regularly scheduled Council meeting on October 12, 2009, and work sessions were conducted and televised on October 13, 14, 15, and 16, 2009; and WHEREAS, a public hearing was held on the proposed budget on November 9, with final adoption scheduled for November 23, 2009. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Motor Pool Internal Service Fund biennial budget for Calendar Years 2010 and 2011 which is attached hereto and made a part hereof by reference and which contains estimated revenues and expenses for the period January 1, 2010 - December 31, 2011, is HEREBY ADOP 1'ED, and the necessary funds are hereby appropriated. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 23` day of November, 2009. THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor 23 MOTOR POOL INTERNAL SERVICE FUND Budgeted Statement of Revenues, Expenses and Change in Net Assets For Fiscal Year 2010 and 20I I 2008 2009 2010 2011 Actual * Budget Budget Budget Operating revenues - vehicle rental $5I2,193 $5I0,602 $435,382 $428,682 Operating expenses - depreciation and other 2I6,804 2I5,I60 325,577 373,368 Operating income (loss) 295,389 295,442 I09,805 55,3I4 Non - operating revenue (expense) Interest income 111,821 20,000 I0,000 10,000 Interest expense (205) (35,8I3) (59,843) (66,5I0) Other non - operating 20 0 0 0 Total non - operating revenue (expense) 111,636 (I5,8I3) (49,843) (56,5I0) Earnings before transfers 407,025 279,629 59,962 (I,I96) Transfers (to) from other funds 0 0 0 0 Change in net assets 407,025 279,629 59,962 -I,I96 Beginning net assets 3,242,753 3,649,778 3,929,407 3,989,369 Ending net assets $3,649,778 $3,929,407 $3,989,369 $3,988,I73 " Ties to annual Comprehensive Annual Financial Report 2 Q CITY OF SEWARD MOTOR POOL IN 1 ERNAL SERVICE FUND Budgeted Statement of Cash Flow For Fiscal Year 20I0 and 20I 1 2009 2010 2011 Budget Budget Budget Beginning Cash Balance at 1/1/09 *: $1,103,582 Cash is provided by (used for): Change in net assets 279,629 59,962 -I,I96 Add expense items not affecting cash Depreciation 2I5,160 325,577 373,368 Net cash provided by operations $494,789 $385,539 $372,172 Other sources of cash Capital Lease proceeds 947,262 0 0 Loan repayment - 50 -Ton travelift 29,22I 29,22I 29,221 Loan repayment - SGH PERS 98,576 98,576 98,576 Other uses of cash Debt principal payments - 259,439 - 278,779 (a) - 307,502 (c) Capital outlay - 720,501 - 266,000 (b) - I30,000 (d) Net increase (decrease) in cash $589,908 - $31,443 $62,467 Estimated ending cash balance $1,693,490 $1,662,047 $1,724,514 ( °) Ties to CAFR. (a) $223,662 represents lease payments: Fire - $96,777; Plow - $26,2I3; Water Tanker - $19,416; Loaders - $8I,256 (b) See Motor Pool Fund Capital Replacement Requirements List for 2010 items. (c) $2332I6 represents lease payments: Fire - $99,966; Plow - $27,8I0; Water Tanker - $20,899; Loaders - $84,54I (d) See Motor Pool Fund Capital Replacement Requirements List for 2011 items. 4J Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009 -112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ADOPTING THE ELECTRIC ENTERPRISE FUND BIENNIAL BUDGET FOR CALENDAR YEARS 2010 AND 2011 WHEREAS, the Seward City Council met on September 14 and September 28, 2009 to authorize budget policies and provide budget guidance to the administration, and conducted extensive work sessions for the purpose of discussing enterprise fund capital infrastructure needs and rate reviews on September 15, 24, 28, and 29, 2009; and WHEREAS, on October 12, 2009, the city manager submitted to the City Council a proposed biennial budget for the City of Seward for Calendar Years 2010 and 2011; and WHEREAS, the biennial budget was introduced at the regularly scheduled Council meeting on October 12, 2009, and work sessions were conducted and televised on October 13, 14, 15, and 16, 2009; and WHEREAS, a public hearing was held on the proposed budget on November 9, with final adoption scheduled for November 23, 2009. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Electric Enterprise Fund budget for Calendar Years 2010 and 2011 which is attached hereto and made a part hereof by reference and which contains estimated revenues and expenses for the period January 1, 2010 - December 31, 2011, is HEREBY ADOPTED, and the necessary funds are hereby appropriated. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 23 day of November, 2009. THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor 2 ELECTRIC ENTERPRISE FUND Budgeted Statement of Revenues and Expenses And Change in Net Assets For Fiscal Years 20I0 and 20I I 2008 2009 20I0 20I1 Actual ° Budget Budget Budget Operating revenue: Sales: Residential 2,670,579 2,886,924 3,396,4I7 3,657,690 Small General Service 1,365,748 1,546,632 I,725,088 I,854,857 Large General Service 3,305,699 3,546,939 4,290,584 4,634,839 Harbor Power Saks 196,3I8 244,000 244,607 263,630 Industrial Sales 800,877 8I2,659 819,482 896,879 Street & Yard Lights 66,060 74,000 75,000 75,500 Miscellaneous I59,899 95,500 99,500 I0I,300 Total operating revenue: $8,565,180 $9,206,654 $I0,650,678 $II,484695 Operating expense: Before depreciation: Salaries 754,081 867,798 920,941 955,237 Work order charges (salaries) - I68,164 - 200,000 200,000 - 200,000 Employee benefits 45I,306 44I,099 496,785 512,311 Purchased services 311,697 440,832 942,200 903,550 Power for resale 4,451,751 4,745,000 4,945,000 5,450,000 Supplies & maintenance 395,319 544,430 548,700 511,100 Work order charges (supplies) - 143,0I0 - 220,000 - 200,000 - 200,000 General & Administrative 949,548 1,I32,409 1,I16,850 1,151,385 Total operating expense: $7,002,528 $7,75 I, 5 68 $8,570,476 $9,083,583 Opentiug income before depreciation 1,562,652 1,455,086 2,080,202 2,401,112 Depreciation 1,391,9I5 (a) 1,384,464 (b) I,441,663 (r) 1,635,080 (d) Earnings from operations $I70,737 $70,622 $638,539 $766,032 Non - operating revenue (expense) Interest income 355,550 210,000 93,000 107,000 Interest expense - 200,488 - 370,545 - 455,628 - 446,341 Other revenue (expense) - 76,273 2,643 2,600 2,650 Total non - operating revenues (expenses) $78,789 - $157,902 - $360,028 - $336,691 Earnings before contributions and transfers $249,526 - $87,280 $278,511 $429,341 Capital contributions and special items 454,72I 0 0 0 Transfers to other funds -7I4, 082 - 1,059,9I6 - I,190,554 - 1,26I,I25 Change in net assets - $9,835 - $I,147,I96 - $912,043 - $831,784 Beginning net assets $23,298,274 $23,288,439 $22,I41,243 $21,229,200 Ending net assets $23,288,439 $22,I41,243 $21,229,200 $20,397,416 Ties to annual Comprehensive Annual Financial Report Of total depreciation expense, the following amounts were attributable to capital assets funded with capital contributions: (a) $837,189 or 60 %; (b) $836,957 or 60%; (c) $I,145,564 or 79 %; (d) 1,144,15I or 70% 0r1 CITY OF SEWARD ELECTRIC ENTERPRISE FUND Budgeted Statement of Cash Flow For Fiscal Year 20I0 and 2011 2009 20I0 20II Budget Budget Budget Beginning Cash Balance at I /I /09 (e): $3,103,I26 Cash is provided by (used for): Change in net assets - $1,I47,I96 - $9I2,043 - $831,784 Add expense items not affecting cash Depreciation I,384,464 I,44I,663 I,635,080 Net cash provided by operations $237,268 $529,620 $803,296 Other uses of cash Debt principal payments - 305,000 - 315,000 (a) - 330,000 (c) Capital outlay - 148,400 -811,000 (b) - 760,000 (d) Net increase (decrease) in cash - $2I6,I32 - $596,380 - $286,704 Estimated ending cash balance $2,886,994 $2,290,614 $2,003,9I0 (a) $3I5K represents: I995 bond refunded in 2005 - $220K; Electric generators - $95K. (b) $8I IK: Generator prof. costs = $S80K; Work orders = $68K ($400K x 17 %); Equipment - $0; Motor Pool - $163K; No Depreciation reserves. (c) $330K represents: 1995 bond refunded in 2005 - $230K; Electric generators - $I00K. (d) $760K: Generator proj. costs = $505K; Work orders = $68K ($400K x I7 %); Equipment - $22K; Motor Pool - $I65K; No Depreciation reserves. (e) Ties to CAFR and includes only Electric Enterprise Fund; excludes related capital projects. See below. Cash Balance - Electric Fund & Related Capital Projects (9/30/09): Fund 50I - Electric Enterprise Fund 2,068,522 Fund 502 - Major Maintenance, Repair & Replacement 838,105 Intended for Generator project Fund 505 - Electric Generator Project 4,227,220 Bond proceeds Fund 208 - Transmission Line 630,640 Designated for capital project Total Electric - related Cash: $7,764,487 28 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009 -113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ADOPTING THE CITY GENERAL FUND BIENNIAL OPERATING BUDGET FOR CALENDAR YEAR 2010 AND 2011 AND SETTING THE MILL RATE WHEREAS, the Seward City Council met on September 14 and September 28, 2009 to authorize budget policies and provide budget guidance to the administration; and WHEREAS, on October 12, 2009, the city manager submitted to the City Council a proposed biennial budget for the City of Seward for Calendar Years 2010 and 2011; and WHEREAS, the biennial budget was introduced at the regularly scheduled Council meeting on October 12, 2009, and work sessions were conducted and televised on October 13, 14, 15, and 16, 2009; and WHEREAS, a public hearing was held on the proposed budget on November 9, with final adoption scheduled for November 23, 2009. NOW THEREFO!' E, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City General Fund Biennial Operating Budget for Calendar Years 2010 and 2011 which are attached hereto and made a part hereof by reference and which contain estimated revenues and expenditures for the period January 1, 2010 - December 31, 2011, is HEREBY ADOPTED, and the necessary funds are hereby appropriated. Section 2. The total assessed valuation as determined by the Kenai Peninsula Borough Assessor, and any supplemental assessment rolls for said period which may be certified by the Borough Assessor at a future date, shall be the basis for computing estimated property tax revenues for the City of Seward, Alaska. Section 3. The rate of levy on the 2010 real and personal property tax rolls shall be and is hereby levied at the rate of 3.12 mills per dollar of assessed valuation in Municipal Service Zones One (Borough designation TCA 40) and Two (Borough designation TCA 41). Section 4. This resolution shall take effect immediately upon adoption. 29 GENERAL FUND Budgeted Statement of Revenues, Expenditures, Other Financing Sources (Uses) and Changes in Fund Balance For Fiscal Year 20I0 and 20I I 2008 2009 2010 2011 2009 -2010 2010 -2011 Actual Budget Budget Budget . , % Change % Change Revenue: Taxes 5,535,08I 5,462,000 5,413,710 5,560,357 -0.9% 2.7% Licenses and Permits I29,956 2I5,623 I63,771 170,8I0 -24.0% 4.3% Intergovernmental 1,935,I74 I,260,081 I,160,500 931,500 -7.9% -19.7% Charges for Services 2,632,680 2,540,786 2,466,I07 2,541,823 -2.9% 3.I% Fines and Bails 18,209 17,000 17,000 17,000 0.0% 0.0% Interest 226,854 231.000 196,000 196,000 -15.2% 0.0% Miscellaneous I19,433 169,200 148,650 73,650 -12.1% -50.5% Total Revenue: $10,597,387 $9,895,690 $9,565,738 $9,491,I40 -3.3% -0.8% Expenditures: GeneralGovemment 3,160,747 2,958,480 2,800,693 2,799,820 -5.3% 0.0% Public Safety 2,988,522 3,230,904 3,129,5I7 3,235,789 -3.1% 3.4% Public Works 1,645,484 1,624,729 I,5I3226 1,530,704 -6.9% 1.2% Parks and Recreation 1,153,228 1,227,646 I,182,403 1,207,062 -3.7% 2.1% Library 367,4I6 414,I12 399,363 410,1I9 -3.6% 2.7% Debt Service 663,256 687,074 787,852 803,604 14.7% 2.0% Total Expenditures: $9,978,653 $I0,I42,945 $9,8I3,054 $9,987,098 -3.3% 1.8% Excess of revenues over expenditures $618,734 - $247,255 4247,3I6 4495,958 0.0% 100.5% Other financing sources (uses): Operating transfers (CO) other funds - 1,923,614 - 1,405.865 - 1,616,252 - 1,471,27i 15.0% -9.0% Operating transfers from other funds 1,395,678 1,734225 1,879,112 1,966,238 8.4% 4.6% Net other financing sources (uses) - 527,936 328,360 262,860 494,967 -19.9% 88.3% Annual surplus (deficit) $90,798 $81,105 $15,544 -$991 -80.8% -106.4% Fund balance at beginning of year 4,018,830 4,I09,628 4,190,733 4,206,277 2.0% 0.4% Fund balance at end of year Reserved: inventory,prepaids,notes recvbl,etc. 693,590 400,000 400,000 400,000 0.0% 0.0% Designated for Working Capital 1,500,000 I,500,000 I,500,000 1,500,000 0.0% 0.0% Designated for Insurance Reserves 126,418 126,418 126,4I8 I26,418 0.0% 0.0% Designated for Hospital Cash Flow 500,000 500,000 500,000 500,000 0.0% 0.0% Designated for Library/Museum Project 0 12,000 I2,000 13,500 0.0% 12.5% Undesignated I,289,620 1,652,3I5 I,667,859 1,665,368. 0.9% -0.I% Total Fund Balance' $4,I09,628 $4,190,733 $4,206,277 $4,205,286 0.4% 0.0% ° Ties to Comprehensive Annual Financial Report r� a J II GENERAL FUND Expenditure Totals by Department (Budget) For Fiscal Year 2OI0 and 2011 2008 2009 2010 2011 2009 -2010 2010 -2011 DEPARTMENT Actual Budget Budget Budget % Chg % Chg General Government: Mayor /Council 29I,162 316,082 325,I26 330,536 2.9% 1.7% Legislative 45,592 42,988 37,003 38,237 -13.9% 3.3% Legal I62,350 I35,000 15I,000 I51,000 11.9% 0.0% City Manager 406,713 423,909 355,937 360,672 -I6.0% 1.3% Management Information Systems 221,7I6 253,86I 254,328 262,381 0.2% 3.2% City Clerk 227,325 254,992 256,43I 260,541 0.6% 1.6% Finance 634,305 696,253 67I,868 694,608 -3.5% 3.4% Community Development 324,827 394,156 424,098 406,395 7.6% -4.2% General Services I73,422 I39,858 85,900 86,450 -38.6% 0.6% Contributions 673,335 301,38I 239,002 209,000 - 20.7% -12.6% Total General Government $3,I60,747 $2,958,480 $2,800,693 $2,799,820 -5.3% 0.0% Public Safety: Police 1,554,922 1,730,404 I,707,2II I,764,568 -I.3% 3.4% Jail 533,585 582,362 597,808 6I8,731 2.7% 3.5% Animal Control 77,68I 84,980 79,4I0 80,640 -6.6% 1.5% Fire 609,017 620,817 625.959 647,236 0.8% 3.4% Engineering & Construction 85,929 75,857 0 0 - I00.0% 0.0% Building Inspection 127,388 136,484 119,129 124,6I4 -12.7% 4.6% Total Public Safety $2,988,522 $3,230,904 $3,I29,517 $3,235,789 -3.I% 3.4% Public Works: Roads and Streets I,089,5I6 I,009,536 842,842 852,239 -16.5% 1.1% Ciry Shop 295,997 287.308 375,241 383,968 30.6% 2.3% Municipal Building 259,971 327,885 295,I43 294,497 -10.0% -02% Total Public Works $1,645,484 81,624,729 81,513,226 $I,530,704 -6.9% 1.2% Parks and Recreation Sports, Recreation, Comm. Schools 269,713 282,333 283,274 288,890 0.3% 2.0% Teen & Youth Center 286,342 292,I95 279,428 290,856 -4.4% 4.I% Campgrounds & Parks 597,173 653,1I8 619,702 627,3I6 -5.1% L2% Total Parks & Recreation $1,153,228 $1,227,646 $I,182,403 $1,207,062 -3.7% 2.I% Library $367,4I6 $414.112 $399,363 $410,II9 -3.6% 2.7% Debt Service $663,226 $687,074 $787,852 $803,604 14.7% 2.0% TOTALS: $9,978,623 $10,142,945 $9,813,054 $9,987,098 -3.3% 1.8% 31 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009 -114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ADOPTING THE 2010/2011 CAPITAL IMPROVEMENT PLAN WHEREAS, the Seward City Council met on September 14 and September 28, 2009 to authorize budget policies and provide budget guidance to the administration, and conducted extensive work sessions for the purpose of discussing enterprise fund capital infrastructure needs and rate reviews on September 15, 24, 28, and 29, 2009; and WHEREAS, on October 12, 2009, the city manager submitted to the City Council a proposed biennial budget for the City of Seward for Calendar Years 2010 and 2011; and WHEREAS, the biennial budget was introduced at the regularly scheduled Council meeting on October 12, 2009, and work sessions were conducted and televised on October 13, 14, 15, and 16, 2009; and WHEREAS, a public hearing was held on the proposed budget on November 9, with final adoption scheduled for November 23, 2009; and WHEREAS, there is $229,000 designated in the Calendar Year 2010 General Fund Budget to finance capital improvements, contingent on receipt of said amount from State Revenue Sharing, and there has been no specific appropriation of capital funding for the General Fund capital needs in 2011 due to the uncertainty of revenue sharing funding; and WHEREAS, the Capital Acquisition Fund will not receive funding in the amount of $76,840 from the Sewer Enterprise Fund as partial repayment of a 1990 loan from the General Fund, due to insufficient revenues in the Sewer Enterprise Fund's 2010 and 2011 Budget. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Capital Improvement Plan for Calendar Years 2010 and 2011, which is attached hereto and made a part hereof by reference, is HEREBY ADOPTED. Section 2. Funding in the amount of $229.000 is hereby appropriated in 2010 for the purpose of meeting capital needs for the General Fund, subject to receipt of said funding from the State of Alaska revenue sharing program. Section 3. This resolution shall lake effect immediately upon adoption. 32 Capital Improvement Plan General Fund - Related Capital Projects Fiscal Year 2010 and 2011 New or Project Funding Source Project Description Replace Year Cost City Portion Other Portion Source STREETS: Poor Condition: Dora Way /Olympia - (.4) R 2010 $118,360 $118,360 Federal Adams: 1st to 2nd - (.2) R 2010 $115,500 $115,500 Federal Fair Condition: Fifth Ave: Railway to B Street - (.7) R 2010 $555,170 $555,170 Federal A St: 1st to 3rd - (.2) R 2010 $104,094 $104,094 Federal Jefferson (entire - .4) R 2010 $317,240 $317,240 Federal C Street and D Street - (.2) R 2010 $158,620 $158,620 Federal Birch St. R 2010 $122,144 $122,144 Federal Sea Lion Drive R 2010 $97,449 Coolidge $54,033 $54,033 Federal 1 Cedar St. R 2010 $119,559 $19,559 Federal Alder St. R 2010 $36,179 $36,179 Federal Lowell Canyon Road R 2010 $46,200 $46,200 Federal Bette Cato R 2010 $133,705 $133,705 Federal Monroe: 5th to 7th R 2010 $99,000 $99,000 Federal Adams: 5th to 6th R 2010 $44,000 $44,000 Federal Storm Drain N/R. 2010 $440,000 $440,000 Federal New Roads/Paving: Leirer Road and Alameda Road N 2010 $505,000 $505,000 State/Federal Oak Street N 2010 $350,000 $350,000 State/Federal Total Street Projects: $3,416,253 $0 83,416,253 SIDEWALKS, CURBS, GUTTERS, DRAINAGE: 5th Ave: West side from Adams to Jefferson N 2010 $78,348 $78,348 Federal Railway to Jefferson on 4th N 2010 $1,045,495 $1,045,495 Federal Railway to Jefferson on 5th N 2010 $702,075 $702,075 Federal Resurrection (Swd Hwy to High School) N 2010 $398,200 $398,200 Federal Benson Dr. north side N 2010 $198,385 $198,385 Federal Coolidge Dr. Benson to Swd Hwy N 2010 $263,203 $263,203 Federal Dora Way to Phoenix both sides N 2010 $468,105 $468,105 Federal Phoenix to Swd Hwy both sides N 2010 $673,041 $673,041 Federal Lowell Canyon Road north side N 2010 $176,000 $176,000 Federal Marathon drainage, culverts both sides N 2010 $113,300 $113,300 Federal Jesse Lee Dr. drainage and culverts, both sides N 2010 $86,900 $86,900 Federal Alice, drainage, culverts N 2010 $22,000 $22,000 Federal Bette Cato drainage and culverts, both sides N 2010 $13,200 $13,200 Federal Birch St. drainage and culverts, both sides N 2010 $74,800 $74,800 Federal Alder St. drainage and culverts, both sides N 2010 $25,300 $25,300 Federal Lowell Canyon Rd. south side N 2010 $26,400 $26,400 Federal Cedar St. drainage and culverts, both sides N 2010 $63,800 $63,800 Federal Benson Drive drainge and culverts, both sides N 2010 $36,200 $35,200 Federal Total Sidewalk Projects: $4,463,751 $0 $4,463,751 CITY SHOP: City Shop Facility Phase I: Site Layout/Design R 2010 $75,000 $75,000 General Fund Covered dry storage for heavy equipment (if no shop) N 2011 $75,000 $75,000 General Fund City Shop Facility Phase II: Construction R 2011 $5,280,000 $5,280,000 Genera] Fund Total City Shop Projects: $5,430,000 $5,430,000 $0 33 Capital Improvement Plan General Fund - Related Capital Projects Fiscal Year 2010 and 2011 New or Project Funding Source Project Description Replace Year Coat City Portion Other Portion Source PUBLIC SAFETY: North Forest Acres Road/Levee N 2010 $4,400,000 $4,400,000 Federal/State Fire Hydrant upgrades - Ph. II R 2010 $200,000 $200,000 General Fund Breathing Air Compressor R 2010 $25,000 $25,000 General Fund Lowell Point erosion mitigation R 2010 $200,000 $200,000 Federal/State Generator for AVTEC emergency shelter N 2011 $125,000 5125,000 General Fund Satellite Fire Station/ Storage Facility (Forest Acres) N 2012 5960,000 5960,000 Grant Ladder Platform Vehicle N 2012 5950,000 $950,000 Grant Satellite Station on Nash Road N 2012 5440,000 $440,000 Grant Expand SMIC building storing engine N 2012 $33,000 $33,000 General Fund Public Safety Building N 2012 $5,665,000 55,665,000 General Fund Total Public Safety Projects: $12,998,000 56,048,000 56,950,000 PARKS & RECREATION: Replace Wellington Pavilion R 2010 $400,000 $400,000 General Fund TYC landscape, fence, play area R 2010 $25,410 $25,410 General Fund Beach Erosion Engineering Study N 2010 $150,000 $150,000 Federal/General Beach Erosion repairs at waterfront R 2010 $88,000 $88,000 Federal/General Beach Erosion control finger construction N 2010 $88,000 $88,000 Federal/General Lagoon Boardwalk rebuild R 2011 $264,000 5264,000 General Fund Campground 13-1 replacement of lost materials R 2011 $50,000 $50,000 General Fund Restroom and Concession Stand Upgrade R 2011 5179,300 5179,300 General Fund Informational/directional maps N 2011 $23,100 $23,100 General Fund Forest Acres campground improvements R 2012 $35,000 $35,000 General Fund Jon Perry softball field fence replacement R 2012 575,000 $75,000 General Fund Small Outdoor Restroom - Williams Park N 2012 $44,000 $44,000 General Fund Centennial Park N 2012 $447,500 $447,500 5200,000 Grant/GF Sweet Smelling Toilet at culvert N 2012 $48,400 $48,400 General Fund Marathon Campground rehabilitation R 2012 552,800 552,800 General Fund Forest Acres Park playground upgrades R 2012 $38,500 $38,500 General Fund Harborside Park - Phase I / Seaview Campground R 2012 $150,150 5150,150 General Fund Harbor Park (new south harbor uplands) N 2012 $890,900 $890,900 State /General Little League Field restrooms R 2012 $187,000 $18'7,000 General Fund Boulder Field - turf, fence, grade, drains R 2012 5275,000 $275,000 General Fund Total Parks & Recreation Projects: 53,512,060 $3,512,060 5200,000 CITY HALL/LIBRARY /OTHER: * Clerk's records management software program R 2010 $10,000 $10,000 General Fund * City Hall carpet repairs R 2010 $60,000 $60,000 General Fund * City Clerk Recording and Sound System N 2010 $40,000 $40,000 General Fund City Hall electrical upgrades R 2011 565,000 $65,000 General Fund USCG building site design N 2011 $40,000 $40,000 General Fund Fix venitilation at City Hall R 2012 $85,000 $85,000 General Fund Community Library/Museum R 2012 510,000,000 510,000,000 Grant Total City Hall/Library Projects: 510,300,000 $300,000 $10,000,000 Mooring Dolphins/Dock Improvements for Seward Mari N 2011 $2,000,000 $2,000,000 General Fund Total General Fund Projects: $42,120,064 $17,290,060 $25,030,004 ,sws - `ata.i ` iiiiiitiai �d.li rt� i gRilli !: :. : : :: ; :._ > ' : : k: i 4 : . . .. 6. a¢i r >> M :£n rx �' <. <. > r y , c5f, y .- _�� - �> �, <. >' - r ? <L .r- n: 2 ..f ff:� r � 5 D'' .:u 1 -, f � y - < -, -. h3 �.y��y 5. r �.. �y . � } F _ - _ LL l �a'1 -S, WAia Ei.1' 4L at �i rr. i aXX t Q �Y �i111i k'94V: :` ,%1 , f f `. Note: 2010 Budget includes 5229,000 for capital projects, to be spent on asterisked ( *) items above, only if Revenue Sharing is received. No funding has been identified for capital costs in 2011. Funding for > 53 million in local road improvements may be available in 2010 from DOT earmarks. 34 CITY OF SEWARD PARKING ENTERPRISE FUND FIVE -YEAR CAPITAL INFRASTRUCTURE PLAN Remaining Description Condition Status Life 2010 2011 2012 2013 2014 5 -Year Total CRITICAL NEEDS: Highly likely to fail within the next five years Parking Lots Middle harbor parking lot Repave poor Replace $350,000 $350,000 Critical Needs: $0 $0 $350,000 $0 $0 $350,000 HIGH RISK: Highly likely to fail within the next 5 -10 years. None meet this criteria NODERATE RISK: Continuously increasing cost to maintain and operate Parking Lots N. harbor parking lot Patching, sealing and striping fair Maint $85,000 Middle harbor parking lot $85,000 Patching, sealing and striping poor Maint $50,000 S. harbor parking lot $50,000 Patching, sealing and striping poor Maint $95,000 S.E. harbor (permit) lot $95,000 Patching, sealing and striping poor Maint $100,000 NE ramp lot $100,000 Patching, sealing and striping poor Maint $50,000 Parking office (white chalet) fair Replace $50,000 Moderate -Risk Needs: $230,000 $150,000 $0 $0 $0 $380,000 NEW or Like -New Equipment Luke automated pay station excellent Maint 7 $0 $0 $0 $0 $0 $ Luke automated pay station excellent Maint 7 $0 30 $0 $0 $0 $0 N. Harbor automated pay station (2) New $32,000 $0 $0 $0 $0 $32,000 N.E. lot automated pay station (2) New $0 $32,000 $0 $0 $0 $32,000 S.E. lot automated pay station (2) New $0 $32,000 $0 $0 $0 $32,000 Parking Lots NE ramp lot Paving good Replace $250,000 $250,000 Patching, sealing, striping Maint $95,000 Gravel good $10,000 $10,000 $20,000 Additional paving (depends on USCG) New fencing New $50,000 $50,000 N. harbor parking lot Paving good Replace $0 S. harbor parking lot Paving good Replace $0 S.E. harbor (permit) lot poor Replace S. harbor uplands parking lot Paving gravel New Sealing and striping n/a Maint $ Note: need decision as to development level in uplands. $0 Boulder field gravel Maint $0 Low -Risk Needs: $42,000 $159,000 $10,000 $300,000 $0 $511,000 Total Needs: $272,000 $309,000 $360,000 $300 000 $0 $1,241,000 35 CITY OF SEWARD HARBOR ENTERPRISE FUND SUMMARY OF FIVE -YEAR CAPITAL IMPROVEMENT PROGRAM FUNDING Priority Useful No. Description Status Life 2010 2011 2012 2013 2014 5 -Year Total CRITICAL NEEDS: Highly likely to fail within the next five years Floats & Docks 1 Replace D Float Replace 1 $0 $1,125,000 $0 $0 $0 $1,125,000 Maintenance Harbor Dredging Maint $255,000 $0 $0 $0 $0 $255,000 Total Critical Needs: $255,000 $1,125,000 $0 $0 $0 $1,380,000 HIGH RISK: Highly likely to fail within the next 5 -10 years. Floats & Docks 2 ReplaceA,B,C,S Floats Replace 5 $0 $0 $0 $0 $0 $0 3 Replace S Launch Ramp Replace 5 $0 $0 $0 $0 $0 $0 Replace K & L floats Replace 7 $0 $0 $0 $0 $0 $0 CC Replace N Launch Ramp Replace 8 $0 $0 $0 $0 $0 $0 Eauioment Fish Waste Barges Replace 5 $0 $0 $0 $50,000 $20,000 $70,000 Total High Risk Needs: $0 $0 $0 $50,000 $20,000 $70,000 MODERATE RISK: Continuously increasing cost to maintain and operate Structures Harbormaster Restrooms Replace 3 $0 $0 $100,000 $0 $0 $100,000 Uplands Trash Dumpsters (4) Replace $0 $0 $0 $40,000 $40,000 Total Moderate Risk Needs: $0 $0 $100,000 $0 $40,000 $140,000 Total Capital Outlay 5255,000 $1,125,000 5100,000 550,000 $60,000 $1,590,000 Fully depreciated (book value) of harbor assets total approximately $4 million PROJECTS REQUIRING FUNDING TO COMPLETE: Materials Ordered, Need Construction Funding Floats & Docks Security (Z) Float* New $1,535,000 Assumes receiving $1.5M Grant CITY OF SEWARD ELECTRIC ENTERPRISE FUND FIVE•YEAR CAPITAL INFRASTRUCTURE PLAN (excluding new items) Useful 5 -Year Description Life 2010 2011 2012 2013 2014 Total CRITICAL NEEDS: Highly likely to fail within the next five year Transmission 2005 Transmission to Ft. Ray R 8360.000 $360,000 8360,000 2010 Lowell Point Underground R 30 8200,000 $360,0 $360,0 $ $ 200,000 $0 $0 $0 2004 Transmission by Lagoon R 30 $ $ $450,000 ND Transmission Pole TN67 F 50 $0 $450,0$0 $0 $0 $0 $450,000 ND Trans Pole TN64 brkn guy wire F 811,000 $0 $0 $ $ $ 2001 Broken Bells (miles 10 -14) R 30 $0 $0 $ $0 $,000 $21,000 80 80 80 30 321,000 Distribution 2008 Jesse Lee Underground R 50 $0 $0 330,000 $0 $0 $30,000 2002 Camelot Underground R 5D $150,000 $0 $0 $0 $0 3150,000 2008 Mcdonald Yard R $0 $25,000 $0 $0 $0 $25,000 Operations and Maintenance ND ROW clearing Transmission M $500,000 $500,000 $60,000 $60,000 $60,000 $1,180,000 NO ROW clearing Distribution M $40,000 840,000 $40,000 $40,000 $40,000 $200,000 2006 Paint Transformers Spring Ck M $0 $0 $0 $0 $30.000 830,000 2000 Recloser Maintenance M 5 $0 $0 880,000 $0 $0 $80,000 Loadlap Changer Sprg Crk M 30 $0 $80,000 $0 $0 $80,000 Critical Needs: $1,362,000 81,375,000 $650,000 $460,000 8490,000 $4,337,000 HIGH RISK: Highly likely to fail within the next 510 years. Distribution 2005 Old Mill k3 R $0 $U 2010 Gateway (Upper) R $0 $120,00 $0 3120,000 $0 $0 $ $0 $0 $180,000 $3 2010 Gateway (Lower) R $0 $0 $0 $D $80,000 $60,000 2005 Woodland Hills R $0 $0 $0 $0 $120,000 3120,000 2010 Lost Lake Underground R 50 $0 $0 $55,000 $0 30 $55,000 2014 SMIC Underground R 50 $0 $0 $0 $0 $105,000 $105,000 Operations and Maintenance 2010 Paint Transformers Ft Ray M $0 $0 $0 $30,000 $0 $30,000 2008 Paint Transformers Lawing M $0 $0 $0 $0 $0 $0 Transrupter Mainenance M 5 $20,000 $0 $0 $0 $0 $20,000 Fort Raymond Maintenance NO Exhaust stack Gen 3 M $0 $0 80 $0 $0 $0 2015 New Roof over Gen's 3 & 6 R $0 $0 $0 $0 $0 $0 Meter Relay and View Screen U $20,000 $0 $0 3D $0 $20.000 Other Software for inventory U $500 $0 $0 $50,000 $0 $50,500 Wire Reel R $5,000 $0 $0 $0 $0I $5,000 High -Risk Needs: $45,500 $0 $55,000 $200,000 $485,000 1 $765,500 MODERATE RISK: Continuously Increasing cost to maintain and operate Distribution 2005 Lawing Poles F $0 $0 $0 $0 $25,000 $25,000 2005 Victor Creek Poles F $0 $0 $0 30 $110,000 $110,000 2014 Lake Drive (Stony Creek) R $0 $0 $0 $0 3140,000 $140,000 2014 Lake Drive (Questa Woods) R $0 $0 $0 $0 $80,000 $80,000 2015 AVTEC Underground R 50 $0 $0 $0 $0 815,000 $15,000 2010 Southwest Boat Ramp R 50 $0 $0 $33,000 $0 $0 $33,000 2005 Lawing lo Victor Ck Overhead R 50 $0 $0 $75000 $0 $0 $75,000 ND Dist Pole T210 brkn strands F $6,000 $0 $0 30 $6,000 Operations and Maintenance Switch at Nash Road U $0 $0 $100,000 $0 $01 $100,000 Fort Raymond Maintenance Update Ft. Ray controls U $0 $0 $150,000 $150,000 $150,000 $450,000 Security upgrades U $10,000 $60,000 $60,000 $0 $0I 3130,000 Other AMR U $0 $0 $285,000 8515,000 $01 $800,000 Moderate -Risk Needs: $16,000 $60,000 $703,000 $665,000 $520,000 1 $1,964,000 Total Needs: 81,423,500 $1,435,000 $1,408,000 $1,325,000 $1,495,000 1 $7,088,500 Status R= Replace F =Fix M= Maintenance U.-Upgrade N =New ND =No Depreciation 37 CITY OF SEWARD WATER ENTERPRISE FUND FIVE -YEAR CAPITAL INFRASTRUCTURE PLAN Useful 5 -Year Description Status Life 2010 2011 2012 2013 2014 I Total CRITICAL NEEDS: Highly likely to fail within the next five years Storage and Production Refurbish #4 Production Well Maint $85,000 $0 $0 $0 $01 $85,000 Facilities Water Storage Tank New 40 $4,060,000 $0 $0 $0 $0 $4,060,000 Gateway Tank Roof Replace 25 $0 $300,000 $0 $0 $0 $300,000 Pressure Station Replace 35 $25,000 $50,000 $125,000 $400,000 $25,000 $625,000 Critical Needs: $4,170,000 $350,000 $125,000 $400,000 $25,000 $5,070,000 00 Cr) HIGH RISK: Highly likely to fail within the next 5 -10 years. Facilities Lowell Canyon Water Tank Inspections Maint $30,000 $0 $0 $0 $0 $30,000 Abandon Wells at Fort Raymond 0 0 0 0 0 $0 Distribution Piping Upgrades 0 0 0 0 0 $0 High -Risk Needs: $30,000 $0 $0 $0 $0 $30,000 MODERATE RISK: Continuously increasing cost to maintain and operate Facility Control Upgrades Replace 15 $35,000 $25,000 $35,000 $15,000 $15,000 $125,000 Generation @ Wells New 20 $30,000 $0 $95,000 $0 $30,000 $155,000 GIS New 50 $10,000 $10,000 $20,000 $10,000 $10,000 $60,000 New #7 Production Well New 40 $0 $50,000 $150,000 $450,000 $0 $650,000 Moderate -Risk Needs: $75,0001 $85,0001 $300,0001 $475,0001 $55,000 $990,000 Total Needs: $4,275,000 $435,000 $425,000 $875,000 $80,0001 $6,090,000 CITY OF SEWARD WASTEWATER ENTERPRISE FUND FIVE -YEAR CAPITAL INFRASTRUCTURE PLAN Useful I 5 -Year Status Life 2010 2011 2012 2013 2014 Total CRITICAL NEEDS: Highly likely to fail within the next five years Lift Stations #4 (FA) Lift Station Generator Replace 25 $125,000 $40,000 $20,000 $10,000 $10,000 $205,000 Double Wall Fuel Tanks Replace 20 $20,000 $20,000 $20,000 $20,000 $20,000 $100,000 SMIC BypassNalving New 20 $10,000 $45,000 $80,000 $20,000 $0 $155,000 #1 Lift Station Generator New 25 $15,000 $125,000 $35,000 $10,000 $10,000 $195,000 Critical Needs: $170,000 $230,000 $155,000 $60,000 $40,000 $655,000 C: HIGH RISK: Highly likely to fail within the next 5 -10 years. Cr SMIC Lower L.S. Engeering $0 $50,000 $0 $0 $01 $50,000 High -Risk Needs: $0 $50,000 $0 $0 $0 $50,000 MODERATE RISK: Continuously increasing cost to maintain and operate Facilities L.P. Sludge Piles @ SMIC $20,000 $300,000 $0 $0 $0I $320,000 Moderate -Risk Needs: $20,000 $300,000 $0 $0 $0 $320,000 Projects Requiring Funding to Complete: Security New $10,000 $10,000 $10,000 $10,000 810,000 $50,000 GIS New 50 $10,000 $30,000 $20,000 $10,000 $0 $70,000 Manholes Maint 35 $10,000 $10,000 $10,000 $10,000 $10,000 $50,000 Total Other Projects: $30,000 $50,000 $40,000 $30,000 $20,000 $170,000 Total Needs: $220,000 $630,000 $195,000 $90,000 $60,0001 $1,195,000 CITY OF SEWARD MOTOR POOL FUND 2010/2011 CAPITAL REPLACEMENT REQUIREMENTS Year to Years to e Department Year Vehicle Total Miles/Hours Milts/Firs per Condition & max Years 611100K Unit replace based replete based Replace Cost year age miles or max hrs on hours&miles on age 2009 Replacement (to be purchased in 2010) 255 Police 2001 Explorer 1 114,824 12,758 Poor 0 2009 2011 34,000 301 Gen'] Svc 1992 Blazer 113,750 6,691 Poor 0 2009 2002 10,000 221 Parks &Rec 1995 Ford 65,866 4,391 Poor 8 2017 2005 19,000 $ 63,000 2010 Replacement 254 Police 1999 Ford CV 98,644 9,864 Poor 0 2009 2009 34,000 216 Parks & Rec 1998 Ford 93,519 8,502 Poor 1 2010 2008 12,000 105 Public Works 1988 Cat tractor 3,855 193 Poor /1S 5000 2014 2003 Lease/Purchase 214 Parks & Rec 1998 Ford 70,749 6,432 Poor 5 2014 2008 12,000 122 Public Works 1991 Cube Van 66466 3,693 Poor /10 130K 2026 2003 25,000 123 Public Works 1997 Sander 53515 4,460 Poor /15 NA NA 2012 30,000 127 Public Works 1984 Dump truck 2,138 102 Poor /12 10000 2029 1996 90,000 $ 203,000 2011 Replacement 120 Public Works 1988 Flatbed 66,845 3,342 Poor 10 2019 1998 45,000 152 Wastewater 1973 Sewer jet ? ? Poor /l0 No data 1983 40,000 515 Electric 1973 Dozer New Meter Poor /15 10000 No data 1988 Lease/Purchase 456 Harbor 1999 Flatbed 66,963 6,696 tact 5 2014 2009 4,0 S 130,000 4 1 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009 -115 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 AN AMOUNT EQUAL TO THE PREVIOUS FIVE FULL YEARS' AVERAGE INCREASE IN THE ANCHORAGE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS, AND AUTOMATIC PASS-THROUGH OF RATE INCREASES FROM CHUGACH ELECTRIC ASSOCIATION 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 Seward City Council recommends that rates be adjusted to Seward Public Utilities electric customers effective January 1, 2010, to pass along the October 9, 2009 billed rate increases from Chugach Electric Association to the City as approved by the Regulatory Commission of Alaska ( "RCA "); 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 2010 ", effective January 1, 2010, to include a 5% rate increase to all rate classes and all fees, with the exception of monthly deposits, with door hanger, NSF check. and monthly late fees being increased to bring them more in line with current industry standards; and WHEREAS, the Council further approves changes to the Electric Tariff as attached hereto in "Electric Rates & Charges 2011" to be effective January 1, 2011, to include a 5% rate increase to all rate classes all fees, with the exception of monthly deposits. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: 41 CITY OF SEWARD, ALASKA RESOLUTION 2009 -115 Section 1. Effective January 1, 2010, the Seward City Council hereby approves the adjusted Electric Tariff rates and charges as attached hereto as "Electric Rates & Charges — 2010 ". Section 2. Effective January 1, 2011, the Seward City Council hereby approves the adjusted Electric Tariff rates and charges as attached hereto as "Electric Rates & Charges — 2011 ". Section 3. Effective January 1, 2010 the Seward City Council abolishes the industrial rate but retains provisions for a special contract for electric service. Section 4. Effective January 1, 2010 (and contained in "Electric Rates & Charges — 2010 ") the Seward City Council authorizes an increase in energy charge rates to reflect the increase in the energy charge passed to the City of Seward by Chugach Electric Association in October, 2009, and hereafter, as described in "Electric Rates & Charges — 2010 ", authorizes energy and demand charges, in addition to fuel charges, to be passed through to Seward Public Utility customers at the time rate changes are imposed on the City of Seward by Chugach Electric Association, after being approved by the Regulatory Commission of Alaska. Section 5. This resolution is effective immediately upon passage. PASSED AND APPROVED by the City Council of the city of Seward. Alaska, this 9th day of November, 2009. THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis City Clerk (City Seal) 2 Council Agenda Statement Meeting Date: November 9, 2009 r., OF Se% Through: Phillip Oates, City Manager, •' o - ai From: John Foutz, Manager Electric Utility q p Agenda Item: Amending Electric Rates and Charges BACKGROUND & JUSTIFICATION: The City of Seward's Electric rates must be raised for the following reasons. The Electric Enterprise fund does not have the financial capacity to initiate a replacement plan for critically aged infrastructure. The City has not had a rate increase in at least sixteen years. 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. In addition, the 2008 and 2009 budgets allocated no funds toward electric capital improvements. 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, 2010 by five percent. In addition, rates will increase an additional five percent effective January 1, 2011. 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. The attached tariff accomplishes a number of goals. First, it implements an automatic annual adjustment in the future, to utility rates based on a five -year average of previous years' increases in the consumer price index. This is intended to keep the utility from falling further behind in its ability to cover the costs of operations and maintenance. Second, it eliminates the industrial rate but maintains the current flexibility of offering special contracts. This allows the City to offer subsidized rates in order to give a business the time to establish itself, but gives the City the opportunity to stop the subsidy once the business becomes viable. Third, it allows for the automatic pass - through of future Chugach Electric Association cost increases which the utility cannot absorb. Fourth, it increases a few specific fees, such as door hangers (from $10 to $25), NSF checks (from $10 to $35), and late fees (from $2.50 to $5.00), to be more consistent with industry standards. The revised tariffs for 2010 and 2011 are attached. 43 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. FISCAL NOTE: The ability to pass along increases in the consumer price index and Chugach Electric Association charges to the utility's customers, will enable the City to keep pace with increased costs over time, and will improve upon the past practice of implementing significant one -time rate increases. Approved by Finance Department: % 4.4,61 ATTORNEY REVIEW: Yes RECOMMENDATION: Seward City Council approve Resolution 2009 -115 amending the Electrical Rates and Charges tariffs for 2010 and 2011. 41 1 City of Seward 2 3 Electric Rates & Charges 2010 4 5 Rates for Electrical Power by Class of Service 6 Class of Service Energy Charge Demand Charge Monthly Operations & Infrastructure Residential $0.0942/kWh N/A $15.75 Small General Service (Less than 25 kW) $0.1087 /kWh N/A $31.50 $0.0778/kWh (1s` 200 Large General Service kWh /kW) $0.0465 /kWh $13.65/kW* $31.50 (Additional kWh's) Yard Lights N/A N/A $7.09 (175 watts) $10.50 (250 watts) Street Lights $0.1282 N/A $31.50 7 8 * Demand Charges will be based on the maximum demand recorded over a 9 15- minute period. 10 11 These rates are based, in part, on the cost of energy and demand from 12 Chugach Electric Association (CEA) and will change when there is an 13 adjustment to CEA rates charged to the City of Seward. 14 15 Effective January 1, 2012 and each January 1st thereafter, rates will be 16 adjusted based on a five -year average of the cost of living as stated in the 17 consumer price index, all items, 1982 -84 =100 for urban wage earners and 18 clerical workers. Anchorage, Alaska area, as published by the U.S. 19 Department of Labor, Bureau of Labor Statistics. (NOTE: 1/1/2012 will 20 utilize CPI Data from 2005 - 2009). City of Seward Electric Tariff January 1, 2010 per Seward City Council Approval 4 5 1 2 A Small General Service customer may elect to be billed under the large 3 General Service schedule; however, the election to change the billing rate 4 from one customer group to another may not be made more often than once 5 every 12 months. 6 7 Definitions And Miscellaneous Charges 8 9 1. CEA Fuel Adjustment: The fuel adjustment charge from Chugach Electric 10 Association directly distributed to Seward Electric Utility customers 11 prorated according to the number of kWh the customers consumed during 12 the billing period. 13 14 2. Seward Fuel Adjustment: The cost of operating the standby generation 15 plant, including fuel, labor, maintenance and repair when it exceeds the 16 amount budgeted to date for the fiscal year. The cost will be prorated 17 according to the number of kWh the customer consumed during the billing 18 Period. 19 20 3. Special Contracts: Special contracts may be negotiated by the Utilities 21 Manager with customers that have a demand in excess of 750 kW or that 22 have unique power requirements that cannot be reasonably addressed by the 23 large general service tariff. Special contracts may include, but are not 24 limited to, provisions for instantaneous demand charges, time of service, 25 interruptible power, minimum and maximum demand, adjustment of 26 demand level, ownership and payment of new distribution facilities, 27 termination charges and power factor. Special contracts must be approved 28 by the City Council. 29 30 4. VAR Change (Power Factor Adjustment): All schedules requiring 31 demand metering will be subject to the following power factor adjustment 32 provisions: 33 34 A: Demand- metered customer should attempt to maintain a unity 35 power factor. If the power factor falls below ninety percent lagging, 36 the customer will take corrective steps to return the power factor to 37 ninety percent or higher. Also, the following charge for billed 38 kilowatts will apply: 39 Monthly Billing Demand = Maximum Demand x 90% 40 Actual Power Factor City of Seward Electric Tariff January 1, 2010 per Seward City Council Approval 4 6 1 B: All power factor adjustment equipment installed by the 2 customer must be approved by the city. Power factor can be 3 determined by permanently installed monitoring equipment or by 4 periodic testing at reasonable intervals, at the discretion of the City. 5 6 7 5. Standby Generation: the cost of operating the standby generation plant to 8 meet a specific customer's need will be charged directly to that customer. 9 Such cost will be the total cost of operating the plant, including fuel, labor, 10 overtime, maintenance, repair and overhead, less the value of energy 11 generated in excess of customer's need. 12 13 6. Other Miscellaneous Fees and Charges: Fees and charges for existing 14 facilities follow on Page 4. Engineering service fees and charges for new 15 facilities follow on Page 5. Fees on Pages 4 and 5 are listed according to 16 service zones as follows: 17 18 ZONE I Inside City Limits (excluding the Small Boat Harbor). 19 20 ZONE II City limits to mile 12, Seward Highway, and all roads 21 connecting to the highway within this area. 22 23 ZONE III Mile 12 to Lawing. 24 25 7. APUC Regulatory Cost Charge: A special surcharge of $0.000626 /kWh 26 imposed on electrical utilities by the Regulatory Commission of Alaska 27 (RCA) in response to the state's intent to assess user fees to support 28 activities of the RCA and departments. This charge was recommended by 29 the RCA as a pass through charge to retail utilities customers. City of Seward Electric Tariff January 1, 2010 per Seward City Council Approval 7 1 Service Zone I Zone II Zone II[ Meter Testing, per Test, When previous test occurred within the last 24 months $52.50 $73.50 $94.50 Reconnection to approved existing meter installation $21.00 $26.25 $31.50 Reconnection to approved existing meter installation outside regular business hours $147.00 $178.50 $210.00 New connection fee $157.50 $157.50 $157.50 Minimum Deposit - Residential Account $100.00 $100.00 $100.00 Minimum Deposit - Commercial or $200.00 $200.00 $200.00 Industrial Account Deposit - Interruptible, Off-Peak Account: The larger of twice the estimated monthly $200.00 $200.00 $200.00 bill OR Tampering with or unauthorized breaking of meter seal $525.00 $525.00 $525.00 Per Annum interest on delinquent account 10.50% 10.50% 10.50% Door Hanger Fee $25.00 $25.00 $25.00 Monthly late fee on delinquent account $5.00 $5.00 $5.00 Dishonored check fee $35.00 $35.00 $35.00 Reconnection during regular business hours following disconnection of delinquent $42.00 $52.50 $63.00 account Reconnection outside regular business hours following disconnection of $147.00 $178.50 $210.00 delinquent account 2 City of Seward Electric Tariff January 1, 2010 per Seward City Council Approval 8 Service Zone I Zone II Zone III Temporary secondary service $52.50 $63.00 $73.50 Primary Overhead Extensions (Residence) $52.50 $63.00 $73.50 Primary Underground Extensions (Residence) $52.50 $63.00 $73.50 Secondary service $52.50 $63.00 $73.50 Primary Overhead extensions (Subdivision, Mobile Horne Park, Multi- Residence) $105.00 $126.00 $147.00 Primary Overhead Extensions (Commercial & Industrial) $210.00 $252.00 $273.00 Primary Underground Extensions (Commercial & Industrial) $210.00 $252.00 $273.00 Modifications of Existing Facilities $105.00 $126.00 $147.00 Street Lighting Systems and Yard Lights $52.50 $63.00 $73.50 2 3 NOTE: The Zone Fee or Charge is non - refundable until the service is connected. 4 If the service is constructed and connected, the charge will be adjusted to 5 the actual coast of engineering services. 6 7 See Page 2 -3 for description of Zones I, II and III. 8 City of Seward Electric Tariff January 1, 2010 per Seward City Council Approval 4 9 1 City of Seward 2 3 Electric Rates & Charges 2011 4 5 Rates for Electrical Power by Class of Service 6 Charge Demand Charge Monthly Operations Class of Service Energy g & Infrastructure Residential N/A $0.0989 /kWh $16.54 Small General Service (Less than 25 kW) N/A $0.1141 /kWh $33.08 Large General Service $0.0817 /kWh (1 200 kWh /kW) $0.0488 $14.33/kW* $33.08 (Additional kWh's) Yard Lights N/A N/A $7.44 (175 watts) $11.03 (250 watts) Street Lights N/A $33.08 $0.1346 7 8 * Demand Charges will be based on the maximum demand recorded over a 9 15- minute period. 10 11 These rates are based, in part, on the cost of energy and demand from 12 Chugach Electric Association (CEA) and will change when there is an 13 adjustment to CEA rates charged to the City of Seward. 14 15 Effective January 1, 2012 and each January 1s thereafter, rates will be 16 adjusted based on a five -year average of the cost of living as stated in the 17 consumer price index, all items, 1982 -84 =100 for urban wage earners and 18 clerical workers, Anchorage, Alaska area, as published by the U.S. City of Seward Electric Tariff January 1, 2011 per Seward City Council Approval J a 1 Department of Labor, Bureau of Labor Statistics. (NOTE: 1/1/2012 will 2 utilize CPI Data from 2005- 2009). 3 4 A Small General Service customer may elect to be billed under the large 5 General Service schedule; however, the election to change the billing rate 6 from one customer group to another may not be made more often than once 7 every 12 months. 8 9 Definitions And Miscellaneous Charges 10 11 1. CEA Fuel Adjustment: The fuel adjustment charge from Chugach Electric 12 Association directly distributed to Seward Electric Utility customers 13 prorated according to the number of kWh the customers consumed during 14 the billing period. 15 16 2. Seward Fuel Adjustment: The cost of operating the standby generation 17 plant, including fuel, labor, maintenance and repair when it exceeds the 18 amount budgeted to date for the fiscal year. The cost will be prorated 19 according to the number of kWh the customer consumed during the billing 20 Period. 21 22 3. Special Contracts: Special contracts may be negotiated by the Utilities 23 Manager with customers that have a demand in excess of 750 kW or that 24 have unique power requirements that cannot be reasonably addressed by the 25 large general service tariff. Special contracts may include, but are not 26 limited to, provisions for instantaneous demand charges, time of service, 27 interruptible power, minimum and maximum demand, adjustment of 28 demand level, ownership and payment of new distribution facilities, 29 termination charges and power factor. Special contracts must be approved 30 by the City Council. 31 32 4. VAR Change (Power Factor Adjustment): All schedules requiring 33 demand metering will be subject to the following power factor adjustment 34 provisions: 35 36 A: Demand- metered customer should attempt to maintain a unity 37 power factor. If the power factor falls below ninety percent lagging, 38 the customer will take corrective steps to return the power factor to 39 ninety percent or higher. Also, the following charge for billed 40 kilowatts will apply: 41 Monthly Billing Demand = Maximum Demand x 90% City of Seward Electric Tariff January 1, 2011 per Seward City Council Approval 5 1 1 Actual Power Factor 2 B: All power factor adjustment equipment installed by the 3 customer must be approved by the city. Power factor can be 4 determined by permanently installed monitoring equipment or by 5 periodic testing at reasonable intervals, at the discretion of the City. 6 7 8 5. Standby Generation: the cost of operating the standby generation plant to 9 meet a specific customer's need will be charged directly to that customer. 10 Such cost will be the total cost of operating the plant, including fuel, labor, 11 overtime, maintenance, repair and overhead, less the value of energy 12 generated in excess of customer's need. 13 14 6. Other Miscellaneous Fees and Charges: Fees and charges for existing 15 facilities follow on Page 4. Engineering service fees and charges for new 16 facilities follow on Page 5. Fees on Pages 4 and 5 are listed according to 17 service zones as follows: 18 19 ZONE I Inside City Limits (excluding the Small Boat Harbor). 20 21 ZONE II City limits to mile 12, Seward Highway, and all roads 22 connecting to the highway within this area. 23 24 ZONE III Mile 12 to Lawing. 25 26 7. APUC Regulatory Cost Charge: A special surcharge of $0.000626 /kWh 27 imposed on electrical utilities by the Regulatory Commission of Alaska 28 (RCA) in response to the state's intent to assess user fees to support 29 activities of the RCA and departments. This charge was recommended by 30 the RCA as a pass through charge to retail utilities customers. City of Seward Electric Tariff January 1, 2011 per Seward City Council Approval 55') 1 Service Zone I Zone II Zone III Meter Testing, per Test, When previous test occurred within the last 24 months $55.13 $77.18 $99.23 Reconnection to approved existing meter installation $22.05 $27.56 $33.08 Reconnection to approved existing meter installation outside regular business hours $154.3.5 $187.43 , $220.50 New connection fee $165.38 $165.38 $165.38 Minimum Deposit - Residential Account $100.00 $100.00 $100.00 Minimum Deposit - Commercial or $200.00 $200.00 $200.00 Industrial Account Deposit - Interruptible, Off -Peak Account: The larger of twice the estimated monthly $200.00 $200.00 $200.00 bill OR Tampering with or unauthorized breaking of meter seal $551.25 $551.25 $551.25 Per Annum interest on delinquent account 10.50% 10.50% 10.50% Door Hanger Fee $26.25 $26.25 826.25 Monthly late fee on delinquent account $5.25 $5.25 $5.25 Dishonored check fee $36.75 $36.75 $36.75 Reconnection during regular business hours following disconnection of delinquent account $44.10 $55.13 $66.1.5 City of Seward Electric Tariff January 1, 2011 per Seward City Council Approval 5 3 Reconnection outside regular business hours following disconnection of delinquent account $154.35 $187.43 $220.50 1 City of Seward Electric Tariff January 1, 2011 per Seward City Council Approval 5 1 1 Service Zone I Zone II Zone III Temporary secondary service $55.13 $66.15 $77.18 Primary Overhead Extensions (Residence) $55.13 $66.15 $77.18 Primary Underground Extensions (Residence) $55.13 $66.15 $77.18 Secondary service $55.13 $66.15 $77.18 Primary Overhead extensions (Subdivision, Mobile Home Park, Multi- Residence) $110.25 $132.30 $154.35 Primary Overhead Extensions (Commercial & Industrial) $220.50 $264.60 $286.65 Primary Underground Extensions (Commercial & Industrial) S220.50 $264.60 5286.65 Modifications of Existing Facilities $110.25 $132.30 $154.35 Street Lighting Systems and Yard Lights $77.18 $55.13 $66.15 2 3 NOTE: The Zone Fee or Charge is non - refundable until the service is connected. 4 If the service is constructed and connected, the charge will be adjusted to 5 the actual coast of engineering services. 6 7 See Page 2 -3 for description of Zones I, II and III. 8 9 City of Seward Electric Tariff 5 5 January 1, 2011 per Seward City Council Approval Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE PORT AND HARBOR TARIFF AND PROVIDING FOR AUTOMATIC ANNUAL ADJUSTMENTS TO MOORAGE AND DOCKAGE RATES BY AN AMOUNT EQUAL TO THE FIVE PREVIOUS FULL YEARS' AVERAGE INCREASE IN THE ANCHORAGE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS WHEREAS, the most recent Rate Analysis of the City of Seward's Harbor Enterprise Fund was completed eight years ago (in 2001) by J.B. Beckham resulting in an amendment to the Port & Harbor Tariff reflecting the application of the Anchorage Consumer Price Index; and WHEREAS, the Seward Harbor has significantly expanded since 2001, resulting in the need for an updated Rate Analysis which was conducted in preparation for the biennial 2010 /2011 budget process; and WHEREAS, between 2003 and 2007 the Anchorage Consumer Price Index (CPI) rose 13.784 %, producing a five -year average CPI of 2.8% which is the amount by which moorage and dockage rates will be increased for 2010, and between 2004 and 2008, the CPI rose 15.624% producing the average CPI of 3.1% which will be the amount by which moorage and dockage rates will be increased for 2011; and WHEREAS, the Harbor Enterprise Fund has not made contributions to its Major Repair and Replacement Fund in a number of years, other than contributions from the Cruise Ship Head tax, and the City Council desires to establish a funding source to replace aging harbor infrastructure, resulting in the implementation of a new capital repair and replacement fee; and WHEREAS, the harbor operates the vessel storage and maintenance yard at Seward Marine Industrial Center ( "SMIC "), and the SMIC development plan adopted by Resolution 2008 -33 intends that SMIC should "seek a rate of return from the use of public facilities, and assets and equipment that will adequately cover deferred maintenance and replacement costs "; and WHEREAS, the 2009 SMIC Operations Analysis recommended a fee structure which would place the burden of vessel abandonment on the vessel owner, resulting in a recommended increase in the lay time charge for vessels stored at SMIC; and WHEREAS, the City of Seward's enterprise funds are operated in a manner similar to private business entities, in that they establish charges intended to cover the full 56 CITY OF SEWARD, ALASKA RESOLUTION 2009 -116 cost of providing services (including direct and indirect costs) including operations and maintenance, overhead, system expansion, and charges for the use of capital facilities; and WHEREAS, due to the cost of conducting comprehensive rate studies, and due to the need to regularly review and update charges to account for the impact of inflation and other cost increases, it is prudent to update charges annually based on the generally accepted measure of the annual inflation known as the consumer price index, to prevent the deterioration of the financial health of the Harbor Enterprise Fund; and WHEREAS. in order to qualify for low- interest loans and bond financing for capital infrastructure, the City must be able to demonstrate the adequacy of utility rates as well as the financial capacity for debt repayment, and an annual rate adjustment will enable the utility to maintain our current positive financial standing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The rates, fees, and charges incorporated herein by reference and attached hereto as "The Port and Harbor Tariff Regulations — 2010" are effective January 1, 2010, with the bills sent our prior to January 1 reflecting the adjusted January 1 rates. Section 2. The rates, fees, and charges incorporated herein by reference and attached hereto as "The Port and Harbor Tariff Regulations — 2011" are effective January 1, 2011, with the bills sent our prior to January l reflecting the adjusted January 1St rates. Section 3. The Port and Harbor Tariff Regulations are amended for the purpose of implementing a new capital renewal and replacement fee, providing for automatic annual adjustments to moorage and dockage rates by an amount equal to the five previous full years' average increase in the Anchorage Consumer Price Index for all Urban Consumers, and modifying lay time charges and charges for trailers, cradles and equipment stored at the Seward Marine Industrial Center. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 9 day of November 2009. Jl Council Agenda Statement Meeting Date: November 9, 2009 joF %Ely Through: Phillip Oates, City Manager] °_ ~� From: Kari Anderson, Harbormaster q t" Agenda Item: Amending the Port & Harbor Tariff and providing for automatic annual adjustments to the moorage and dockage rates by and amount equal to the five previous full years' average increase in the Anchorage Consumer Price Index for all urban consumers BACKGROUND & JUSTIFICATION: City Council has held five separate work sessions over the past two months to discuss the Harbor and SMIC enterprise funds and to examine funding strategies for the 2010 and 2011 budgets. Several different options were evaluated for funding operations and critical capital needs. The result of these work sessions is new fee structure with changes to the moorage, dockage, and storage rates. At their October 7, 2009 meeting the Port and Commerce Advisory board unanimously moved and approved recommendations resulting in the proposed changes to the Port & Harbor Tariff The changes to the Port and Harbor Tariff can be summarized in three categories: a new rate structure for vessel storage at the Seward Marine Industrial Center, an annual increase to moorage and dockage rates based on an average of the five previous full years' Anchorage Consumer Price Index, and a Capital Renewal and Replacement fee charged according to vessel length and moorage timeframe. These changes will allow service and operations at the Seward Harbor and Marine Industrial Center to be maintained at their current levels, while providing an annual revenue stream to make contributions to the major maintenance and repair fund. Critical projects including the replacement of D float and harbor dredging cannot occur without these changes to the tariff INTENT: The adoption of the 2010 and 2011 Port and Harbor Tariff with proposed changes to the SMIC upland storage rate, moorage and dockage increases based on the Anchorage CPI, and the adoption of a new Capital Renewal and Replacement fee to be charged in addition to moorage. CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures or Other Plans or Policies: Yes (List Below) Comprehensive Plan Economic Development, Small Boat 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. 58 Small Boat Harbor Management Plan Harbor Development, New Harbor Development and Expansion: establish a replacement fund within the harbor enterprise fund to pay for replacement of city facilities, maintain a boat slip pricing policy relative to maintaining adequate operation and maintenance of the harbor. FISCAL NOTE: The moorage and dockage rate is to be increased 2.8% in 2010 and 3.1% in 2011 as determined by a five -year average of the Anchorage CPI. The proposed SMIC storage rate is estimated to generate and additional $20,000 in revenue for the SMIC Enterprise Fund. The Capital Renewal and Replacement fee will generate a minimum of $100,000 for the Major Maintenance and Repair Fund (402) on an annual basis. Approved by Finance Department: - l L/3 /C( ATTORNEY REVIEW: Yes X No RECOMMENDATION: Council approve Resolution 2009- J(9 adopting the 2010 and 2011 Port and Harbor Tariff Regulations. 59 PORT AND HARBOR TARIFF REGULATIONS -- X l O 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 set V '1F q P ASK • CITY OF SEWARD P.O. BOX 167 SEWARD, AK 99664 Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: November 9, 2009, Effective January 1, 2010 i 60 Table of Contents PREFACE Tariff Revisions v Forms v Explanation of Abbreviations and Characters That May Appear in Tariff v Notice to Public v 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 (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 (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 S 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 (0 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 Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: November 9, 2009, Effective January 1, 2010 i 1 145 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 lI - 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) Float Plane Fees 14 210 DOCKAGE 14 (a) Dockage Period 14 (b) Basis for Computing Charges 14 (c) Vessels Docked to Repair, Shore, Outfit or Fumigate 14 (d) Preference to Reserved Dock Use 14 (e) Berth May be Granted Before Payment 16 (0 Charges on Vessel Shifting 16 (g) Charges to Assisting Vessels 16 (h) Notice of Hazardous Cargo and Permit Requirement 16 (i) Dockside Lay Time 16 215 DOCKAGE RATES 16 (a) Daily Dockage Rate 16 (b) Monthly Dockage Rate 17 220 HANDLING, LOADING AND UNLOADING 17 Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: November 9, 2009, Effective January 1, 2010 iii 6 ? 225 LABOR AND SERVICE CHARGES 17 (a) Specific Services (b) Labor /Personnel 17 (c) Equipment l8 (d) Special Services 19 19 (e) Miscellaneous Charges 20 230 PASSENGER FEES 20 235 ASSISTANCE TO BOATERS AND OTHER AGENCIES 20 240 BOAT LAUNCH RAMP FEES 20 (a) Operating Policy (b) Launch Fees 20 21 245 PUBLIC SHOWERS 21 250 50 -TON TRAVELIFT 21 (a) Operating Policy 21 (b) Boat Lift Agreement (c) Responsibilities 21 (d) Dockside Lay Time 21 2 2 255 50 -TON TRAVELIFT FEES �2 (a) Description of Charge (b) Lift Fee 22 92 260 250 -TON TRAVELIFT 22 (a) Operating Policy 22 (b) Boat Lift Agreement (c) Responsibilities �2 (d) Dockside Lay Time 3 23 265 250 -TON TRAVELIFT FEES 23 (a) Description of Charge 23 (b) Lift Fee 23 270 SHIPLIFT FEE 24 (a) Description of Charge (b) Lift Fee 24 24 (c) Basis for Computing Charges 24 (d) Preference to Reserved Use 24 (e) Berth May be Granted Before Payment 25 (f) Inspection of Vessels on the Shiplift Platform 25 (g) Repairs to Vessels on the Shiplift System 25 (h) Notice of Hazardous Cargo and Permit Requirement 25 (i) Dockside Lay Time 26 Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: November 9, 2009, Effective January 1, 2010 iv 63 (j) Lift Fee Rates 26 275 DAILY SHIPLIFT LAY CHARGE 26 (a) Description of Charge 26 (b) Lay Fee 26 (c) Basis for Computing Charges 26 (d) Rate 26 280 UPLAND STORAGE 26 (a) Area of Land Available 26 (b) Calculation of Rates 26 (c) Lay Time Rates 26 (d) Empty Cradles/Trailers 27 285 WHARFAGE 27 (a) Application of Charge 27 (b) Overside 27 (c) Overstowed Cargo 27 290 WHARFAGE RATES 27 (a) Schedule of Standard Rates 27 (b) Discount Rates Based on Guaranteed Payments 28 295 WHARF DEMURRAGE 28 (a) Description of Charge 28 (b) Calculation of Free Time 28 (c) Free time 28 (d) Rates 29 (e) Lay -Down Areas 29 Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: November 9, 2009, Effective January 1, 2010 v 64 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. hoard 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. canon 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.l. less than carload w/m weight ton of 2,0001bs. or cubic ton of 40 cubic feet ldg. loading yd. yard Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: November 9, 2009, Effective January 1, 2010 vi 65 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: November 9, 2009, Effective fanuaiy 1, 2010 vii Fl 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: November 9, 2009, Effective January 1, 2010 1 67 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, roles 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: Noveinber 9, 2009, Effective January 1, 2010 2 68 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: November 9, 2009, Effective January I, 2010 3 6 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 12.5% 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 he 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: November 9, 2009, Effective January 1, 2010 4 1 {.1 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, piing 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: November 9, 2009, Effective January 1, 2070 5 71 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 tunes have the right to refuse access to any city dock or terminal facility by any person or vessel or to remove any vessel, person or cargo at any time from any city dock or terminal facility, including the shiplift system. This right shall be reserved at all times to the City without responsibility for demurrage, loss or damage when: (1) Previous arrangements for use, space, receiving or unloading have not been made with the Harbormaster; (2) The vessel is unsafe or hazardous and may pose a risk to life or property; (3) The value of the vessel, in the opinion of the Harbormaster, is less than the probable service charges and other charges related to its use of the city dock or terminal facilities; (4) During periods of congestion, or in cases of emergency, when, in the judgment of the Harbormaster, the circumstances then prevailing or likely to occur will prevent the city dock or terminal facilities, or any portion of them, from providing customary services to the public. (b) Right to Refuse Cargo. In his discretion, the Harbormaster shall at all times have the right to refuse to accept, receive or unload, or permit a vessel or any vehicle delivering to the terminal facilities to discharge: (1) Cargo for which previous arrangements for space, receiving, unloading or handling has not been made with the Harbormaster by shipper, consignee or vessel. (2) Cargo not suitably packed for safe transportation. (3) Cargo deemed by the Harbormaster, in the reasonable exercise of his discretion, to be offensive, perishable or hazardous. Hazardous cargo must have been prepared for shipment in accordance with the applicable Department of Transportation regulations (including 49 CFR Parts 171 -179). (4) Cargo, the value of which may, in the opinion of the Harbormaster, be less than the probable service charges and other charges related to it. (5) Cargo, during a period of congestion, or in cases of emergency, when, in the judgment of the Harbormaster, the circumstances then prevailing or likely to occur will prevent the city docks or terminal facilities, or any portion of them, from providing customary service to the public. (c) Right to Schedule Vessels and Cargo. In his discretion, the Harbormaster shall at all times have the right to schedule access to any harbor or port facility by person or vessel or to remove any vessel, person or cargo at any time from any city dock or terminal facility, including the shiplift system, in order to provide for efficient operation of the city docks or terminal facilities and promote the objectives of the Seward City Code. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: November 9, 2009, Effective January 1, 2010 6 t +"A 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 he 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. (3) Movement of Vessels to Reduce Congestion or Maximize Services. in his discretion, the Harbormaster shall at all times have the right to move or rearrange any vessel from its present Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: November 9, 2009, Effective January ]. 2070 7 7 Subsection 130 location to any other location in order to reduce congestion within the harbor or to prevent disruption of customary services to the public. (i) Right to Remove Materials or Equipment from City Dock or Terminal Facilities. Any materials, equipment, trash, or other items left on or about any city dock or terminal facility may be removed by the Harbormaster at any time, and all expense of removal and risk of loss or damage shall be the responsibility of the vessel that last occupied the facility or the owner, shipper or consignee of the vessel as responsibility may appear on shipping documents, manifests or other sources. 135 REQUESTS AND COMPLAINTS Any shipper, vessel or vessel agent may make requests and complaints by filing a written statement with the Harbormaster, City of Seward, P. O. Box 167, Seward, Alaska 99664. 140 DELAYS - NO WAIVER OF CHARGES Delays in loading, unloading, receiving or delivering freight. moorage of vessels, or receiving, discharging, lifting, or transferring vessels on the shiplift system or Travelift as a result of harbor congestion, equipment failure or breakdown, or of combinations, riots or strikes of any persons m 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 oftheshiplift system shall exercise due care for the protection of life and property and the protection of the public from injury or damage. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: November 9, 2009, Effective January 1, 2010 8 7 1 Additional safety and sanitation rules applicable to docks and terminal facilities, including the shiplift system, should be consulted. Portions of the City of Seward Code of Ordinances of particular relevance include Chapter 9.15 (Fire Prevention and Uniform Fire Code), Title 14 (Utilities including Garbage, Sewer, Refuse, Electricity and Water) and Chapter 7.10 (Ports and Harbors). Subsection 150 All safety and sanitation laws, regulations and policies of the City of Seward, the Kenai Peninsula Borough, the State of Alaska, and the United States of America, including those adopted by international treaty, apply to city docks and terminal facilities, including the shiplift system. All users, including shippers, permit holders, vessels and consignees, are hereby warned that the party or parties responsible for infractions of such laws, regulations or policies will be subject to and responsible for any penalties that may result from their violation of those laws, regulations or policies. (b) Notice of Hazardous Cargo and Permit Requirements. Notice shall be given to the Harbormaster of any vessel carrying cargo which is hazardous, extremely flammable, corrosive, explosive or otherwise poses a significant risk of 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 vessellowner /agent storing or disposing of used /waste oil in an inappropriate or illegal manner may be barred from further use of the Seward Small Boat Harbor and /or penalized according to the provisions of federal, state and local law. Larger quantities of used oil may be accepted by the Harbormaster upon prior arrangement by written approval on a case -by -case basis with applicable charges assessed for disposal. 155 RESPONSIBILITY FOR PROPERTY DAMAGE Users, including permit holders, damaging city docks, the shiplift system or any other property of the City of Seward will be responsible for the cost of repairs. The user or permit holder will be billed for repairs to damaged property at cost, including overhead. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: November 9, 2009, Effective January I, 2010 9 1.1 !J 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 hulk petroleum products. i 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 bulls 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: November 9, 2009, Effective January 1, 2010 10 7 t) • SECTION II - SERVICES AND CHARGES Subsection 200 MOORAGE Outside the Small Boat Harbor: Vessels berthing or departing city docks, wharves, or any other temrinal 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 DOLLARS ($30.00) per year per listing on the waiting list(s) for a permanent slip assignment. The wait list year runs November 1 through October 31. (c) Permanent Slip Assignments (1) The Harbormaster may assign a specific slip on the City of Seward float system within the Small Boat Harbor to a particular vessel on an annual basis. (2) A permanent slip assignment to a vessel is not a lease or right to occupy a particular slip and may not be assigned. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: November 9, 2009, Effective January 1, 2010 11 77 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: November 9, 2009, Effective January I, 2010 12 f 8 Moorage charges shall be calculated on the overall length of the vessel of the vessel or the length of the float (slip) assigned, whichever is greater. (b) Automatic Annual Adjustment in Moorage Rates. All moorage rates shall be adjusted annually so as to be effective as of January r, 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 1' adjusted rates. (For example, 2010 rates reflect an increase based on the average CPI for 2003 - 2007). Subsection 205 Overall length shall be construed to mean the linear distance, expressed in feet, from the most forward point at the stem to the aftennost part of the stern of the vessel, measured parallel to the base line of the vessel. The Length shall include all hull attachments, such as bowsprits, dinghies, davits, etc. For billing purposes, overall length of the vessel as published in "Lloyd's Register of Shipping" may be used. The City of Seward reserves the right to: (1) Obtain the overall length from the vessel's register, or (2) Measure the vessel. (b) Daily Rates. With the exception of vessel owner /operators who have paid an annual, semi- annual, quarterly, or monthly fee in advance, all temporary or transient moorage charges shall be calculated on the daily rate. The daily rate shall be $0.56 per lineal foot of overall length. (c) Annual Moorage Fees. Under the following conditions, a vessel owner /operator may elect to pay moorage fees on an annual basis in advance: (See Appendix A for a listing of moorage rates according to vessel length) (1) The vessel owner /operator has completed an Application and Agreement for Transient Moorage, or, in the case of a permanently assigned berth, an Application and Agreement for Reserved Moorage, in the form attached to this tariff. (2) The vessel owner /operator has paid the annual fee based on the length of the vessel, or, in the case of a permanently assigned berth, the length of the slip, whichever is greater. The Annual Rate shall be $42.53 per lineal foot. (3) Semi - Annual Rate. At the option of the vessel owner /operator, the annual moorage fee may be paid in two equal semi - annual installments of sixty percent (60 %) of the annual rate established above. Each prepaid installment described in this Paragraph represents six (6) calendar months. The first installment is due and payable on the date the vessel owner /operator completes the Application and Agreement for Transient Moorage, and on or before the first day of any calendar month. The second installment is due on or before the first day of the calendar month six (6) months thereafter. (4) Quarterly Rate. At the option of the vessel owner /operator, the annual moorage fee may be paid in four equal quarterly installments of forty -five percent (45 %) of the annual rate established above. Each prepaid installment described in this Paragraph represents three (3) calendar months. The first installment is due and payable on the date the vessel owner /operator completes the Application and Agreement for Transient Moorage, and on or before the first day of any calendar month. The succeeding payments are due on or before the first day of the calendar month every three (3) months thereafter. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: November 9, 2009, Effective January 1, 2010 13 79 (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. Subsection 205 (6) All permanently assigned berths are assigned on a calendar -year basis. Prepayment of a full year's charges is due on or before December 31 of the preceding year. A vessel owner /operator may elect to prepay the annual moorage fee in two semi - annual installments, each of which represents sixty percent (60 %) of the annual fee due on or before December 31 of the preceding year and June 30 of the current year. A vessel owner /operator may also elect to prepay the annual moorage fee in four quarterly installments, each of which represents forty-five percent (45 %) of the annual fee due on or before December 31 of the preceding year and March 31, June 30, and September 30 of the current year. A vessel owner /operator may also elect to prepay the annual moorage fee in twelve monthly installments, each of which represents eighteen percent (18 %) of the annual fee due on or before December 31 of the preceding year and the last day of each month of the current year. (d) Float Plane Fees. A fee in the amount of TWENTY SIX DOLLARS AND TWENTY FIVE CENTS ($26.25) per day shall be charged for float plane berthing in the confines of the Small Boat Harbor. 210 DOCKAGE (a) Dockage Period. Dockage shall commence when a vessel is made fast to a wharf, pier or other facility, or when a vessel is moored to another vessel so berthed, and shall continue until such vessel is completely freed from and has vacated the berth. No deductions will be made for Sundays or holidays. (b) Basis for Computing Charges. Dockage charges will he assessed on the overall length of the vessel. Overall length shall be construed to mean the linear distance, expressed in feet, from the most forward point at the stem to the aftermost part of the stern of the vessel, measured parallel to the base line of the vessel. For dockage billing purposes, overall length of the vessel as published in "Lloyd's Register of Shipping" will be used. If no such figure appears in "Lloyd's Register ", the City of Seward reserves the right to: (1) Obtain the overall length from the vessel's register, or (2) Measure the vessel. (c) Vessels Docked to Repair, Shore, Outfit or Fumigate. The shiplift dock, adjacent and to the north of the shiplift system, was constructed and intended primarily to be used for ship repair and maintenance. Vessels being repaired by ship repair and maintenance businesses occupying upland facilities at the Seward Marine Industrial Center will therefore be preferred over cargo operations. Full dockage will be charged if and when a vessel is permitted to make repairs or alterations, shore for special freight, outfit, store or fumigate while docked at a City dock or terminal facility. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: November 9, 2009, Effective January 1, 2010 14 t�av (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. Subsection 210 The City docks in the Small Boat Harbor include those adjacent to the fish processor's on -shore facilities, including the licensed dock area. The dock is to be used first for receiving and delivery of fish and fish products to the processor's on -shore facilities. In addition, the East SMIC Dock is to be used first for receiving and delivery of fish and fish products to the processor's on -shore facilities. Reservations remain effective if such use begins within twenty-four (24) hours of the scheduled use or landing. Late use or arrival will be rescheduled on a space available basis. Reservation of dock use must specify arrival and departure dates and the nature and quantity of the freight to be Loaded or discharged. A vessel or vessel agent may secure reserved dock space under the following conditions: (1) Request for reservation is made on a Vessel Moorage Application (see "Forms" in the preface of this document), indicating berth and date(s) requested. (2) Reservation request must be received by the Harbormaster a minimum of seven (7) days prior to anticipated vessel arrival. (3) The vessel agent or other person requesting a berth ( "berthing agent ") must provide, as may be requested by the Harbormaster as a part of the berthing process, to the extent of his knowledge, all information called for by any Supplement to Vessel Moorage Application (see "Forms" in the preface of this document) or any other information respecting the vessel including, but not limited to, its estimated arrival and departure, amount(s) and type(s) of cargo to be loaded /discharged, estimate of amount of each category of port charges, as enumerated, and party responsible therefor. The submission of this form, signed by the berthing agent, shall constitute the berthing agent's attestation as to the accuracy of the information therein supplied, based upon and to the extent of information made available to the berthing agent at the time of submission; and the berthing agent shall be held personally liable to the City of Seward for any financial loss suffered by the City of Seward as a result of the agent's failure to so report accurately. Should the berthing agent, subsequent to submission of this form, receive information which materially differs from the information previously provided, and which information the agent reasonably believes is not equally known to the Harbormaster, it shall immediately notify the Harbormaster and, if requested by the Harbormaster, promptly file an amended Supplement to Vessel Moorage Application with the Harbormaster. (4) Harbormaster will detennine availability of dock space and dates requested. Should scheduling conflicts be found, the Harbormaster shall mediate a resolution which will attempt to minimize negative impacts on both (or all) parties. (5) Full dockage fees are payable to the City of Seward at the time of reservation. Prepaid dockage fees will be non- refundable unless a written cancellation is received by the Port a minimum of Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: November 9, 2009, Effective January 1, 2010 15 61 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. Subsection 210 (8) In addition to the terms for berth reservation and establishment of financial responsibility as set forth herein, requests for berth reservation and assignments of berths shall otherwise be in accordance with all local rules and regulations established by the City of Seward. (e) Berth May be Granted Before Payment. For safety or other reasons, the City of Seward, in some circumstances, may grant a vessel a temporary berth before the owner or agent has paid all applicable charges or otherwise complied with all applicable tariff provisions or conditions of berthing. In such circumstances, the vessel may unload its cargo only if (1) the Harbormaster determines that a regular berth is available, and (2) the owner or agent pays all applicable charges and complies with all other applicable tariff provisions and conditions of berthing. If no regular berth is available or the vessel owner or agent does not pay all applicable charges and comply with other applicable provisions, the vessel may not unload its cargo and shall sail on the next tide. The vessel shall be assessed appropriate fees as set forth in this tariff. (f) Charges on Vessel Shifting. When a vessel is shifted directly from one wharf or berth to another wharf or berth operated by the City of Seward, the total time at such berths will be considered together when computing the dockage charge. (g) Charges to Assisting Vessels. A single vessel, when actively engaged as a tug boat assisting and made fast outboard of a vessel loading or discharging cargo, will be accorded free dockage. NOTE: Tug boats leaving a tended vessel for the purpose of assisting any other vessel shall have waived its right to free dockage for the entire period of berthing by its tended vessel. (h) Notice of Hazardous Cargo and Permit Requirement. Notice shall be given to the Harbormaster of any vessel carrying cargo which is hazardous, extremely flammable, corrosive, explosive or otherwise poses a significant risk of harm to property or persons at least twenty -four (24) hours prior to landing or use of docks. The Harbormaster, at his sole discretion, may issue a permit for dock use if he finds that sufficient precautions have been taken to minimize any potential risks presented by such cargo. (i) Dockside Lay Time. Dockside lay time may be allowed as scheduling permits. However, all vessels must be removed from dockside within three (3) hours of receiving notice from the Harbormaster or his agents. 215 DOCKAGE RATES (a) Daily Dockage Rate. The charge for dockage for all facilities outside the Small Boat Harbor is as follows except as otherwise provided: Overall Length of Vessel Daily Charge Per Foot Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: November 9, 2009, Effective January 1, 2010 16 82 Up to 500 ft. $ 0.56 501+ ft. $ 0.56 NOTE: Daily charge is for any period of twenty -four (24) hours. However, in computing dockage charges for any period of dockage less than twelve (12) hours, dockage charges at one -half (1/2) of one full day's dockage shall be assessed. For any dockage period greater than twelve (12) hours and less than twenty -four (24) hours, a full day's dockage shall be assessed. Subsection 215 (b) Monthly Dockage Rate. A monthly dockage rate equal to one -half (1/2) of the total daily dockage rate for one month may 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 l will reflect the upcoming January 1 s ` adjusted rates. (For example, 2010 rates reflect an increase hased on the average CPI for 2003 - 2007). 220 HANDLING, LOADING AND UNLOADING Handling, loading and unloading services are provided by independent agents at all terminal facilities covered by this tariff. A Terminal Use Permit is required and available to any qualified agent desiring to provide longshore services at the terminal facilities of the City of Seward in the form attached to this tariff. 225 LABOR AND SERVICE CHARGES A labor and service charge is assessed, in addition to any other charges set forth in this tariff, for all labor performed by City personnel and for specific services provided by the City of Seward or its agents. Service charges do not include charges for dockage, wharfage, wharf demurrage or handling. (a) Specific Services. The following rates shall apply for services provided by the City of Seward: (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. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: November 9, 2009, Effective January 1, 2010 17 83 (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. Subsection 225 (2) Electricity - Small Boat Harbor (i) All Vessels (except Transient Vessels staying 15 consecutive days or less. Connect fee $ 21.00 Electricity (per kilowatt hour) 125% of cost Customer charge (per month) ...$15.75 (ii) Transient Vessels staying 15 consecutive days or less Connect Fee ..None Electricity (daily rate) 120 volt $10.00 208 volt/single phase $20.00 208 volt/three phase $40.00 Customer charge (per month) None (3) Electricity - Seward Marine Industrial Center (i) Connect fee $21.00 (ii) Electricity (per kilowatt hour) $ 0.19 pkis fuel adjustment factor (iii) Customer charge (per month) $15.75 (4) Towing inside Small Boat Harbor - $52.50 l�us labor (5) Pumping vessel - $31.50 plus labor (6) Used Oil, filter and sorbent disposal Over 5 gallons 0.53 per gallon plus labor and equipment Filters, sorbents 10.50 per barrel or portion thereof plus labor and equipment (b) Labor /Personnel (1) When labor is furnished by the City at the request of a user, it is expressly stipulated that the City acts solely as agent of the user. The City shall charge for labor provided by the City for the following services: (i) All services not specifically described in this tariff; Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: November 9, 2009, Effective January 1, 2010 18 84 (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 perfoming 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 - F,IGHT DOLLARS AND SEVENTY FIVF, CENTS ($78.75) per hour overtime. Work requiring call -outs shall be charged at a minimum of two hours at the overtime rate. (c) Equipment. When the City utilizes City equipment to provide services under this subsection, it will charge users for the cost of that equipment on an hourly basis at the rates charged capital projects within the City of Seward for similar equipment. (1) Loader $68.25 plus operator (2) Grader $68.25 plus operator (3) Oil Tanker $47.25 (4) Pickup Truck $ 8.40 plus operator (5) Crane Truck $12.60 plus operator (6) Flatbed Truck $15.75 plus operator (7) Dump Truck $47.25 plus operator (8) Back Hoe $31.50 plus operator (9) Pumps $31.50 plus labor Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: November 9, 2009, Effective January ], 2010 19 85 (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. Subsection 225 (e) Miscellaneous Charges (1) Meter test, each., when previous test occurred within 24 months $ 52.50 (2) Reconnection to approved existing meter installation during regular business hours (8:00 a.m. - 5:00 p.m.) $ 22.05 (3) Reconnection to approved existing meter; installation outside regular business hours $147.00 (4) Deposit $105.00 (5) Tampering with or unauthorized breaking of meter seal $525.00 (6) Dishonored check fee $35.00 (7) Reconnection after disconnect of delinquent account $ 42.00 230 PASSENGER FEES (a) Fee. In addition to other tariff provisions, the terms and conditions of this item apply and charges are assessed to passenger vessels, sport fishing vessels, guide and outfitter vessels, and all other vessels carrying passengers for compensation. A passenger fee of $3.50 per passenger shall be paid for each passenger embarking or disembarking a vessel at a City Dock, as such term is defined in subsection 100 hereof. The passenger fee is assessed once per passenger per excursion regardless of whether the passenger excursion is one -way or round -trip. As used in this subsection, "compensation" means payment to the vessel owner or operator whether by charter or through fares paid by or on behalf of passengers. (Res.2000 -093) (b) Filing of forms and payment 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: November 9, 2009, Effective January 1, 2010 20 86 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 $20.00 fee per month or fraction thereof: Vessels 45 to 79 feet $30.00 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 thc 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 (h) Launch Fees. Vessels shall he 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: November 9, 2009, Effective January 1, 2010 21 87 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 maimed on the vessel upon its return to the water. Subsection Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: November 9, 2009, Effective January 1, 2010 22 88 250 (d) Dockside Lay Time. Dockside lay time may be allowed as scheduling permits. However, all vessels must be removed from dockside within three (3) hours of receiving notice from the Harbormaster or his agents. 255 50 -TON TRAVELIFT FEES (a) Description of Charge. The lift fee is the charge for lifting a vessel from the water or the land utilizing the City's 50 -ton Travelift. A separate lift fee is generated whenever a vessel is Lifted, even if it is only lifted and relocated on land. Lift fees do not include overtime labor charges for operation of the Travelift system as described in Subsection 225 of this tariff. (b) Lift Fee (1) Minimum Fee. The minimum fee for a lift shall be TWO HUNDRED THIRTY SIX DOLLARS AND TWENTY FIVE CENTS ($236.25) for the first hour of use or any portion of time 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 he 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 Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: November 9, 2009, Effective January 1, 2010 23 89 260 (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. 1t 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 m length, an additional TWENTY ONE DOLLARS ($21.00) shall be charged for each foot of vessel length over fifty five (55) feet during the first hour of use or any portion of tune less than one (1) hour. (3) Second and Additional Hours of Lift. For use of a lift in excess of one (1) hour, a fee of THREE HUNDRED FORTY SIX DOLLARS AND FIFTY CENTS ($ 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. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: November 9, 2009, Effective January 1, 2010 24 Subsection 265 (4) Relocation Fee. Relocation of all vessels on the uplands shall be charged at a rate of THREE HUNDRED FORTY SIX DOLLARS AND FIFTY CENTS ($346.50) per hour. 270 SHIPLIFT FEE (a) Description of Charge. The shiplift fee is the charge for lifting a vessel from 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 pernut 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 Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: November 9, 2009, Effective January 1, 2010 25 CI 1 for any financial loss suffered by the shiplift operator and City of Seward as a result of the permit holder's failure to so report accurately. Subsection 270 Should the permit holder, subsequent to submission of this form, receive information which materially differs from the information previously provided, and which information the permit holder reasonably believes is not equally known to the shiplift operator, it shall immediately notify the shiplift operator and, if requested by the shiplift operator, promptly file an amended Supplement to Shiplift Use Application with the shiplift operator. (4) Full lift fees are payable to the shiplift operator at the time of reservation. Prepaid lift fees will be non - refundable unless a written cancellation is received by the shiplift operator a minimum of fourteen (14) days prior to scheduled vessel lift. (See also Section I, Responsibility for Charges, Collection and Guarantee of Charge.) (5) All estimates of charges are subject to approval and /or adjustment by the shiplift operator. The shiplift operator shall promptly, after receipt of said estimate, advise the permit holder as to (1) its approval or adjusted estimate of lift charges, and (2) whether posting of cash or security is required for any one or more categories of such charges and the amount thereof. (6) An agreement is made to work continuously on moving the vessel through the shiplift system utilizing not less than clay 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. Port and Harbor Tariff Regulations. City of Seward, Alaska Revision Date: November 9, 2009, Effective January 1, 2010 26 92 (h) Notice of Hazardous Cargo and Permit Requirement. Notice shall be given to the shiplift operator at the time of reservation of the fuel, ballast and any unusual weight distribution or structural requirements for lifting each vessel. Notice shall be given of any vessel carrying cargo which is hazardous, extremely flammable, corrosive, explosive or otherwise poses a significant risk of harm to property or persons at Subsection 270 least twenty -four (24) hours prior to landing or use of the shiplift system. The shiplift operator, at his sole discretion, may issue a permit for shiplift system use if he finds that sufficient precautions have been taken to minimize any potential risks presented by such vessel. (i) Dockside Lay Time. Dockside lay time may be allowed as scheduling permits. However, all vessels must be removed from dockside within three (3) hours of receiving notice from the shiplift operator or his agents. (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 I3UNDRED 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. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: November 9, 2009, Effective January 1, 2010 27 (c) Lay Time Rates (1) Small Boat Harbor. Lay time for upland storage in the Small Boat Harbor shall be charged at a rate of NINE DOLLARS AND NINETEEN CENTS ($9.19) per day for stays of ten (10) days or less in any calendar month. For stays of eleven (11) days or more in any calendar month, the lay time shall be charged at a rate of NINETY ONE DOLLARS AND EIGHTY EIGHT CENTS ($91.88) per calendar month for a vessel, trailer or cradle up to fifty (50) feet in length. The monthly charges for larger vessels shall include an additional ONE DOLLARAND FIFTY EIGHT CENTS($1.58) per foot for each foot over fifty feet in length. Subsection (2) Seward Marine Industrial Center. Lay time for upland storage in the Seward Marine Industrial Center shall be charged at a rate of 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 (S0.30) 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 stronghacks, 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 Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: November 9, 2009, Effective January 1, 2010 28 4 Subsection 290 Poles, Logs, cants or cut finished lumber per MBM (Note: 2,000 lbs shall be deemed 1 MBM $ 3.15 Petroleum products (inbound) per barrel $0.18 Petroleum products (outbound) per barrel $ 0.25 Petroleum products (gasoline) per gallon $ 0.0105 Plastic material $ 4.20 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 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. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: November 9, 2009, Effective January 1, 2010 29 Subsection 295 (d) Rates. After expiration of applicable free time, wharf demurrage will be assessed at the following rates (per day, per ton (2,000 lbs.) or portion thereof): Commodity First 5 days After 5 days All freight, N.O.S. $ 1.26 $ 2.52 Mobile homes, portable buildings, living quarters $26.25 /day /unit $105.00 /day /unit Upon prior arrangement with the Harbormaster, upland storage will be billed monthly at a rate of TWENTY -SIX CENTS ($.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: November 9, 2009, Effective January 1, 2010 30 9 6 PORT AND HARBOR TARIFF REGULATIONS - 2011 RULES, RATES, CHARGES AND REGULATIONS FOR PORT AND HARBOR FACILITIES CITY OF SEWARD, ALASKA SEWARD BOAT HARBOR, SEWARD MARINE CENTER AND SHIP LIFT SYSTEM e 4 40 sets, CITY OF SEWARD P.O. BOX 167 SEWARD, AK 99664 Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: November 9, 2009, Effective January 1, 2011 Table of Contents PREFACE 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: November 9, 2009, Effective January 1, 2011 8 145 MANIFESTS REQUIRED OF VESSELS 8 150 SAFETY, SANITATION AND HOUSEKEEPING (a) Safety and Sanitation 8 (b) Notice of Hazardous Cargo and Permit Requirements 8 (c) Responsibility for Housekeeping 9 (d) Smoking Prohibited 9 (e) Used Oil and Petroleum Products 9 9 155 RESPONSIBILITY FOR PROPERTY DAMAGE 9 160 BULK PETROLEUM PRODUCTS (a) Application of Tariff 9 (b) Clearing and Heating Petroleum Lines 9 (c) Regulations Governing Petroleum Products 10 (d) Housekeeping 10 10 SECTION II - SERVICES AND CHARGES 11 200 MOORAGE Outside the Small Boat Harbor 11 Within the Small Boat Harbor 11 (a) Assignment of Berths 11 (b) Waiting List for Permanent Slip Assi 11 p gnment 11 (c) Permanent Slip Assignments 11 (d) Permanent and Temporary (Transient) Slip Assignments (e) Notice Upon Arrival 12 (f) Vessel Registration 12 12 205 MOORAGE RATES (a) Calculation of Moorage Rates 12 (b) Daily Rates 12 (c) Annual Moorage Fees 13 (d) Float Plane Fees 13 14 210 DOCKAGE (a) Dockage Period 14 (b) Basis for Computing Charges 14 (c) Vessels Docked to Repair, Shore, Outfit or Fumigate 14 14 (d) Preference to Reserved Dock Use 14 (e) Berth May be Granted Before Payment 16 (f) Charges on Vessel Shifting 16 (g) Charges to Assisting Vessels 16 (h) Notice of Hazardous Cargo and Permit Requirement 16 (i) Dockside Lay Time 16 215 DOCKAGE RA'Z'ES 16 (a) Daily Dockage Rate 16 (b) Monthly Dockage Rate 17 220 HANDLING, LOADING AND UNLOADING 17 Port and harbor Tariff Regulations City of Seward, Alaska Revision Date: November 9, 2009, Effective Janumy 1. 2017 iii 9 9 225 LABOR AND SERVICE CHARGES 17 (a) Specific Services 17 (b) Labor /Personnel 18 (c) Equipment 19 (d) Special Services 19 (e) Miscellaneous Charges 20 230 PASSENGER FEES 20 231 CAPITAL RENEWAL AND REPLACEMENT FEE 20 235 ASSISTANCE TO BOATERS AND OTHER AGENCIES 20 240 BOAT LAUNCH RAMP FEES 20 (a) Operating Policy 20 (b) Launch Fees 21 245 PUBLIC SHOWERS 21 • 250 50 -TON TRAVELIFT 21 (a) Operating Policy 21 (b) Boat Lift Agreement 21 (c) Responsibilities 21 (d) Dockside Lay Time 22 255 50 -TON TRAVELIFT FEES 22 (a) Description of Charge 22 (b) Lift Fee 22 260 250 -TON TRAVELIFT 22 (a) Operating Policy 22 (b) Boat Lift Agreement 22 (c) Responsibilities 23 (d) Dockside Lay Time 23 265 250 -TON TRAVELIFT FEES 23 (a) Description of Charge 23 (b) Lift Fee 23 270 SHIPLIFT FEE 24 (a) Description of Charge 24 (h) Lift Fee 24 (c) Basis for Computing Charges 24 (d) Preference to Reserved Use 24 (e) Berth May be Granted Before Payment 25 (f) Inspection of Vessels on the Shiplift Platform 25 (g) Repairs to Vessels on the Shiplift System 25 Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date.' November 9, 2009, Effective January 1, 2011 iv (h) Notice of Hazardous Cargo and Permit Requirement (i) Dockside Lay Time 25 (1) Lift Fee Rates 2 6 26 275 DAILY SHIPLIFT LAY CHARGE (a) Description of Charge 26 (b) Lay Fee 26 (c) Basis for Computing Charges 96 (d) Rate 26 26 280 UPLAND STORAGE, (a) Area of Land Available 26 (b) Calculation of Rates 26 (c) Lay Time Rates 9 6 (d) Empty Cradles/Trailers 26 27 285 WHARFAGE (a) Application of Charge 27 (b) Overside 27 (c) Overstowed Cargo 27 27 290 WHARFAGE RATES (a) Schedule of Standard Rates 27 (b) Discount Rates Based on Guaranteed Payments 27 28 295 WHARF DEMURRAGE (a) Description of Charge 28 (b) Calculation of Free Time 28 (c) Free time 28 (d) Rates 29 29 (e) Lay -Down Areas �g Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: November 9, 2009, Effective January 1, 2011 v R (11, . 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 Suites 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: November 9, 2009, Effective January 1, 2011 vi (� fly 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: November 9, 2009, Effective January 1, 2011 vii 103 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 Pennit 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: November 9, 2009, Effective January 1, 2011 1 104 Subsection 100 (in) 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 IIarbor, the harbor bounded by the rubble breakwater at the northwestern head of Resurrection Bay (Small Boat IIarbor); 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. (h) 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 he 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: November 9, 2009, Effective January 1, 2011 2 105 v.) 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: November 9, 2009, Effective January 1, 2011 3 106 J 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: November 9, 2009, Effective January 1, 2011 4 10 7 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, piing 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: November 9, 2009, Effective January 1, 2011 5 108 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 clock or terminal facilities, or any portion of them, from providing customary services to the public. (b) Right to Refuse Cargo. In his discretion, the Harbormaster shall at all times have the right to refuse to accept, receive or unload, or permit a vessel or any vehicle delivering to the terminal facilities to discharge: (1) Cargo for which previous arrangements for space, receiving, unloading or handling has not been made with the Harbormaster by shipper, consignee or vessel. (2) Cargo not suitably packed for safe transportation. (3) Cargo deemed by the Harbormaster, in the reasonable exercise of his discretion, to be offensive, perishable or hazardous. Hazardous cargo must have been prepared for shipment in accordance with the applicable Department of Transportation regulations (including 49 CFR Parts 171-179). (4) Cargo, the value of which may, in the opinion of the Harbormaster, be less than the probable service charges and other charges related to it. (5) Cargo, during a period of congestion, or in cases of emergency, when, in the judgment of the Harbormaster, the circumstances then prevailing or likely to occur will prevent the city docks or terminal facilities, or any portion of them, from providing customary service to the public. (c) Right to Schedule Vessels and Cargo. In his discretion; the Harbormaster shall at all times have the right to schedule access to any harbor or port facility by person or vessel or to remove any vessel, person or cargo at any time from any city dock or terminal facility, including the shiplift system, in order to provide for efficient operation of the city docks or terminal facilities and promote the objectives of the Seward City Code. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: November 9, 2009, Effective January 1, 2011 _ 0 9 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 Iarbormaster shall at all times have the right to immediately remove any hazardous or offensive vessel, or any vessel containing hazardous cargo, or any vessel containing cargo which by its nature is liable to damage other vessels or other cargo or harbor or port facilities. The vessel may be removed from its present location to any other location, and all expenses and risk of loss or damage shall be the responsibility of the owner, shipper or consignee. (2) Vessel Beyond Free Time. Any vessel remaining at city dock or terminal facilities after expiration of any applicable free time may be removed to any other public or private facility and all expenses of removal and risk of loss or damage shall be the responsibility of the owner, shipper, consignee or vessel. (3) Movement of Vessels to Reduce Congestion or Maximize Services. In his discretion, the Harbormaster shall at all times have the right to move or rearrange any vessel from its present Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: November 9, 2009, Effective January 1, 2011 7 110 Subsection 130 location to any other location in order to reduce congestion within the harbor or to prevent disruption of customary services to the public. (i) Right to Remove Materials or Equipment from City Dock or Terminal Facilities. Any materials, equipment, trash, or other items left on or about any city dock or terminal facility may be removed by the Harbormaster at any time, and all expense of removal and risk of loss or damage shall be the responsibility of the vessel that last occupied the facility or the owner, shipper or consignee of the vessel as responsibility may appear on shipping documents, manifests or other sources. 135 REQUESTS AND COMPLAINTS Any shipper, vessel or vessel agent may make requests and complaints by filing a written statement with the Harbormaster, City of Seward, P. O. Box 167, Seward, Alaska 99664. 140 DELAYS - NO WAIVER OF CHARGES Delays in loading, unloading, receiving or delivering freight, moorage of vessels, or receiving, discharging, lifting, or transferring vessels on the shiplift system or Travelift as a result of harbor congestion, equipment failure or breakdown, or of combinations, riots or strikes of any persons in the employ of the City of Seward or others, or arising from any other cause not reasonably within the control of the City of Seward, will not excuse the owners, shippers, consignees or carriers of the freight or vessel, or the permit holder, from full service, wharf demurrage, moorage or other charges or expenses which may be incurred under conditions stated herein. 145 MANIFESTS REQUIRED OF VESSELS Masters, owners, agents or operators of vessels are required to furnish the City of Seward with complete copies of vessels' manifests showing names of consignees or consignors and the weights or measurements of all freight loaded or discharged at the docks or terminal facilities of the City of Seward. Such manifests must be certified as correct by an authorized official of the company and must also designate the basis of weight or measurement on which ocean freight was assessed. In lieu of manifests, freight bills containing all information as required above may be accepted. Ship's Documents. The Harbormaster may require masters, owners, agents, operators and/or permit holders to execute a moorage application containing descriptions of the following items: (i) fuel; (ii) ballast; (iii) water; (iv) cargo; and (v) structural details for lift. 150 SAFETY, SANITATION AND HOUSEKEEPING (a) Safety and Sanitation. All users of city docks and terminal facilities and all permit holders of the shiplift system shall exercise due care for the protection of life and property and the protection of the public from injury or damage. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: November 9, 2009, Effective January 1, 2011 8 111 Additional safety and sanitation rules applicable to docks and terminal facilities, including the shiplift system, should be consulted. Portions of the City of Seward Code of Ordinances of particular relevance include Chapter 9.15 (Fire Prevention and Uniform Fire Code), Title 14 (Utilities including Garbage, Sewer, Refuse, Electricity and Water) and Chapter 7.10 (Ports and Harbors). Subsection 150 All safety and sanitation laws, regulations and policies of the City of Seward, the Kenai Peninsula Borough, the State of Alaska, and the United States of America, including those adopted by international treaty, apply to city docks and terminal facilities, including the shiplift system. All users, including shippers, permit holders, vessels and consignees, are hereby warned that the party or parties responsible for infractions of such laws, regulations or policies will be subject to and responsible for any penalties that may result from their violation of those laws, regulations or policies. (b) Notice of Hazardous Cargo and Permit Requirements. Notice shall be given to the Harbormaster of any vessel carrying cargo which is hazardous, extremely flammable, corrosive, explosive or otherwise poses a significant risk of harm to property or persons, at least 24 hours prior to landing or use of docks. The Harbormaster, at his sole discretion, may issue a permit for dock use if he finds that sufficient precautions have been taken to minimize any potential risks presented by such cargo. (c) Responsibility for Housekeeping. Users of docks and other terminal facilities, including permit holders of the shiplift system, will be required to maintain same in an orderly manner as directed by the Harbormaster. If user does not properly clean property used, the Harbormaster shall order the work performed, and user will be billed for the services in accordance with the rates set forth in Subsection 225 of this tariff. (d) Smoking Prohibited. No smoking shall be allowed on any wharf, pier, or the shiplift system, or in any facility, warehouse or transit shed, except in approved areas specifically designated for that purpose. Persons violating this rule may be barred, at the discretion of the Harbormaster, from the further use of any wharf or facility, including the shiplift system, and, in addition, shall be subject to prosecution under applicable federal, state and municipal laws. (e) Used/Waste Oil and Petroleum Products. All used /waste oil and petroleum products must be properly disposed of by the vessel /owner. The City of Seward offers a limited ability to take small quantities of used oil and petroleum products as a convenience to the boating public. Up to five gallons of used oil and petroleum products will be accepted by the City in the approved and designated facilities on shore. There shall be no storage, even of a temporary nature, of used/waste oil or petroleum products on city docks, wharves, piers or finger floats. Any vessel/owner /agent storing or disposing of used /waste oil in an inappropriate or illegal manner may be barred from further use of the Seward Small Boat Harbor and /or penalized according to the provisions of federal, state and local law. Larger quantities of used oil may be accepted by the Harbormaster upon prior arrangement by written approval on a case -by -case basis with applicable charges assessed for disposal. 155 RESPONSIBILITY FOR PROPERTY DAMAGE Users, including permit holders, damaging city docks, the shiplift system or any other property of the City of Seward will be responsible for the cost of repairs. The user or permit holder will be billed for repairs to damaged property at cost, including overhead. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: November 9, 2009, Effective January 1, 2011 9 112 160 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 Hearing 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 he 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: November 9, 2009, Effective January 1, 2011 10 113 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 Harbourmaster'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 DOLLARS ($30.00) per year per listing on the waiting list(s) for a permanent slip assignment. The wait list year runs November 1 through October 31. (c) Permanent Slip Assignments (1) The Harbormaster may assign a specific slip on the City of Seward float system within the Small Boat Harbor to a particular vessel on an annual basis. (2) A permanent slip assignment to a vessel is not a lease or right to occupy a particular slip and may not be assigned. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: November 9, 2009, Effective January 1, 2011 11 114 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 assigrunents 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 inunediately upon arrival at the Small Boat I Iarbor; 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: November 9, 2009, Effective January 1, 2011 12 115 Moorage charges shall be calculated on the overall length of the vessel of the vessel or the length of the float (slip) assigned, whichever is greater. (b) Automatic Annual Adjustment in Moorage Rates. All moorage rates shall be adjusted annually so as to be effective as of January 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 l adjusted rates. (For example, 2011 rates reflect an increase based on the average CPI for 2004 - 2008). Subsection 205 Overall length shall be construed to mean the linear distance, expressed in feet, from the most forward point at the stem to the aftermost part of the stern of the vessel, measured parallel to the base line of the vessel. The length shall include all hull attachments, such as bowsprits, dinghies, davits, etc. For billing purposes, overall length of the vessel as published in "Lloyd's Register of Shipping" may be used. The City of Seward reserves the right to: (1) Obtain the overall length from the vessel's register, or (2) Measure the vessel. (b) Daily Rates. With the exception of vessel owner /operators who have paid an annual, semi - annual, quarterly, or monthly fee in advance, all temporary or transient moorage charges shall be calculated on the daily rate. The daily rate shall be $0.58 per lineal foot of overall length. (c) Annual Moorage Fees. Under the following conditions, a vessel owner /operator may elect to pay moorage fees on an annual basis in advance (See Appendix A for a listing of moorage rates according to vessel length): (1) The vessel owner /operator has completed an Application and Agreement for Transient Moorage, or, in the case of a permanently assigned berth, an Application and Agreement for Reserved Moorage, in the form attached to this tariff. (2) The vessel owner /operator has paid the annual fee based on the length of the vessel, or, in the case of a permanently assigned berth, the length of the slip, whichever is greater. The Annual Rate shall be $43.85 per lineal foot. (3) Semi- Annual Rate. At the option of the vessel owner /operator, the annual moorage fee may be paid in two equal semi -annual installments of sixty percent (60 %) of the annual rate established above. Each prepaid installment described in this Paragraph represents six (6) calendar months. The first installment is due and payable on the date the vessel owner /operator completes the Application and Agreement for Transient Moorage, and on or before the first day of any calendar month. The second installment is due on or before the first day of the calendar month six (6) months thereafter. (4) Quarterly Rate. At the option of the vessel owner /operator, the annual moorage fee may be paid in four equal quarterly installments of forty -five percent (45 %) of the annual rate established above. Each prepaid installment described in this Paragraph represents three (3) calendar months. The first installment is due and payable on the date the vessel owner /operator completes the Application and Agreement for Transient Moorage, and on or before the first day of any calendar month. The succeeding payments are due on or before the first day of the calendar month every three (3) months thereafter. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: November 9, 2009, Effective January 1, 2011 13 116 (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 (l) calendar month. The first installment is due and payable on the date the vessel owner /operator completes the Application and Agreement for Moorage, and on or before the first day of any calendar month. The succeeding payments are due on or before the first day of the calendar month every month thereafter. Subsection 205 (6) All permanently assigned berths are assigned on a calendar -year basis. Prepayment of a full year's charges is due on or before December 31 of the preceding year. A vessel owner /operator may elect to prepay the annual moorage fee in two semi -annual installments, each of which represents sixty percent (60 %) of the annual fee due on or before December 31 of the preceding year and June 30 of the current year. A vessel owner /operator may also elect to prepay the annual moorage fee in four quarterly installments, each of which represents forty -five percent (45 %) of the annual fee due on or before December 31 of the preceding year and March 31, June 30, and September 30 of the current year. A vessel owner /operator may also elect to prepay the annual moorage fee in twelve monthly installments, each of which represents eighteen percent (18 %) of the annual fee due on or before December 31 of the preceding year and the last day of each month of the current year. (d) Float Plane Fees. A fee in the amount of TWENTY SIX DOLLARS AND TWENTY FIVE CENTS ($26.25) per day shall be charged for float plane berthing in the confines of the Small Boat Harbor. 210 DOCKAGE (a) Dockage Period. Dockage shall commence when a vessel is made fast to a wharf, pier or other facility, or when a vessel is moored to another vessel so berthed, and shall continue until such vessel is completely freed from and has vacated the berth. No deductions will be made for Sundays or holidays. (b) Basis 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. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: November 9, 2009, Effective January 1, 2011 14 117 (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. Subsection 210 The City docks in the Small Boat Harbor include those adjacent to the fish processor's on -shore facilities, including the licensed dock area. The dock is to be used first for receiving and delivery of fish and fish products to the processor's on -shore facilities. In addition, the East SMIC Dock is to be used first for receiving and delivery of fish and fish products to the processor's on -shore facilities. Reservations remain effective if such use begins within twenty-four (24) hours of the scheduled use or landing. Late use or arrival will be rescheduled on a space available basis. Reservation of dock use must specify arrival and departure dates and the nature and quantity of the freight to be loaded or discharged. A vessel or vessel agent may secure reserved dock space under the following conditions: (1) Request for reservation is made on a Vessel Moorage Application (see "Forms" in the preface of this document), indicating berth and date(s) requested. (2) Reservation request must be received by the Harbormaster a minimum of seven (7) days prior to anticipated vessel arrival. (3) The vessel agent or other person requesting a berth ( "berthing agent ") must provide, as may be requested by the Harbormaster as a part of the berthing process, to the extent of his knowledge, all information called for by any Supplement to Vessel Moorage Application (see "Forms" in the preface of this document) or any other information respecting the vessel including, but not limited to, its estimated arrival and departure, amount(s) and type(s) of cargo to be loaded/discharged, estimate of amount of each category of port charges, as enumerated, and party responsible therefor. The submission of this form, signed by the berthing agent, shall constitute the berthing agent's attestation as to the accuracy of the information therein supplied, based upon and to the extent of information made available to the berthing agent at the time of submission; and the berthing agent shall be held personally liable to the City of Seward for any financial loss suffered by the City of Seward as a result of the agent's failure to so report accurately. Should the berthing agent, subsequent to submission of this form, receive information which materially differs from the information previously provided, and which information the agent reasonably believes is not equally known to the Harbormaster, it shall immediately notify the Harbormaster and, if requested by the Harbormaster, promptly file an amended Supplement to Vessel Moorage Application with the Harbormaster. (4) Harbormaster will determine availability of dock space and dates requested. Should scheduling conflicts be found, the Harbormaster shall mediate a resolution which will attempt to minimize negative impacts on both (or all) parties. (5) Full dockage fees are payable to the City of Seward at the time of reservation. Prepaid dockage fees will be non- refundable unless a written cancellation is received by the Port a minimum of Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: November 9, 2009, Effective January 1, 2011 15 118 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. Subsection 210 (8) In addition to the terms for berth reservation and establishment of financial responsibility as set forth herein, requests for berth reservation and assignments of berths shall otherwise be in accordance with all local rules and regulations established by the City of Seward. (e) Berth May be Granted Before Payment. For safety or other reasons, the City of Seward, in some circumstances, may grant a vessel a temporary berth before the owner or agent has paid all applicable charges or otherwise complied with all applicable tariff provisions or conditions of berthing. In such circumstances, the vessel may unload its cargo only if (1) the Harbormaster determines that a regular berth is available, and (2) the owner or agent pays all applicable charges and complies with all other applicable tariff provisions and conditions of berthing. If no regular berth is available or the vessel owner or agent does not pay all applicable charges and comply with other applicable provisions, the vessel may not unload its cargo and shall sail on the next tide. The vessel shall be assessed appropriate fees as set forth in this tariff. (f) Charges on Vessel Shifting. When a vessel is shifted directly from one wharf or berth to another wharf or berth operated by the City of Seward, the total time at such berths will he considered together when computing the dockage charge. (g) Charges to Assisting Vessels. A single vessel, when actively engaged as a tug boat assisting and made fast outboard of a vessel loading or discharging cargo, will be accorded free dockage. NOTE: Tug boats leaving a tended vessel for the purpose of assisting any other vessel shall have waived its right to free dockage for the entire period of berthing by its tended vessel. (h) Notice of Hazardous Cargo and Permit Requirement. Notice shall be given to the harbormaster of any vessel carrying cargo which is hazardous, extremely flammable, corrosive, explosive or otherwise poses a significant risk of harm to property or persons at least twenty -four (24) hours prior to landing or use of docks. The Harbormaster, at his sole discretion, may issue a permit for dock use if he finds that sufficient precautions have been taken to minimize any potential risks presented by such cargo. (i) Dockside Lay Time. Dockside lay time may be allowed as scheduling permits. However, all vessels must be removed from dockside within three (3) hours of receiving notice from the Harbormaster or his agents. 215 DOCKAGE RATES (a) Daily Dockage Rate. The charge for dockage for all facilities outside the Small Boat Harbor is as follows except as otherwise provided: Overall Length of Vessel Daily Charge Per Foot Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: November 9, 2009, Effective January I, 2011 16 119 Up to 500 ft. $ 0.58 501+ ft. $ 0.58 NOTE: Daily charge is for any period of twenty -four (24) hours. However. in computing dockage charges for any period of dockage less than twelve (12) hours, dockage charges at one -half (1/2) of one full day's dockage shall be assessed. For any dockage period greater than twelve (12) hours and less than twenty -four (24) hours, a full day's dockage shall be assessed. Subsection 215 (b) Monthly Dockage Rate. A monthly dockage rate equal to one -half (1/2) of the total daily dockage rate for one month may 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 l will reflect the upcoming January l adjusted rates. (For example, 2011 rates reflect an increase based on the average CPI for 2004 - 2008). 220 HANDLING, LOADING AND UNLOADING Handling, loading and unloading services are provided by independent agents at all terminal facilities covered by this tariff. A Terminal Use Permit is required and available to any qualified agent desiring to provide longshore services at the terminal facilities of the City of Seward in the form attached to this tariff. 225 LABOR AND SERVICE CHARGES A labor and service charge is assessed, in addition to any other charges set forth in this tariff, for all labor performed by City personnel and for specific services provided by the City of Seward or its agents. Service charges do not include charges for dockage, wharfage, wharf demurrage or handling. (a) Specific Services. The following rates shall apply for services provided by the City of Seward: (1) Potable water furnished to vessels Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: November 9, 2009, Effective January 1, 2011 17 1 2 i' (i) T,ess 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. Subsection 225 (2) Electricity - Small Boat Harbor (i) All Vessels (except Transient Vessels staying 15 consecutive days or less. Connect fee $ 21.00 Electricity (per kilowatt hour) 125% of cost Customer charge (per month) $15.75 (ii) Transient Vessels staying 15 consecutive days or less Connect Fee None Electricity (daily rate) 120 volt $10.00 208 volt/single phase $20.00 208 volt/three phase $40.00 Customer charge (per month) None (3) Electricity - Seward Marine Industrial Center (i) Connect fee $21.00 (ii) Electricity (per kilowatt hour) $ 0.19 plus fuel adjustment factor (iii) Customer charge (per month) $15.75 (4) Towing inside Small Boat Harbor - $52.50 plus labor (5) Pumping vessel - $31.50 plus labor (6) Used Oil, filter and sorbent disposal Over 5 gallons 0.53 per gallon plus labor and equipment Filters, sorbents 10.50 per barrel or portion thereof plus labor and equipment (b) Labor /Personnel (1) When labor is furnished by the City at the request of a user, it is expressly stipulated that the City acts solely as agent of the user. The City shall charge for labor provided by the City for the following services: Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: November 9, 2009, Effective January 1, 2011 18 1. (i) All services not specifically described in this tariff; (ii) Services of loading, unloading or transferring cargo for which nb 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 (3) Oil Tanker $47.25 (4) Pickup Truck $ 8.40 plus operator (5) Crane "Truck $12.60 plus operator (6) Flatbed Truck $15.75 plus operator (7) Dump Truck $47.25 plus operator (8) Back Hoe $31.50 plus operator Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: November 9, 2009, Effective January 1, 2011 19 12 2 (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. Subsection 225 (e) Miscellaneous Charges (1) Meter test, each., when previous test occurred within 24 months $ 52.50 (2) Reconnection to approved existing meter installation during regular business hours (8:00 a.m. - 5:00 p.m.) $ 22.05 (3) Reconnection to approved existing meter; installation outside regular business hours $147.00 (4) Deposit S105.00 (5) Tampering with or unauthorized breaking of meter seal $525.00 (6) Dishonored check fee $35.00 (7) Reconnection after disconnect of delinquent account $ 42.00 230 PASSENGER FEES (a) Fee. In addition to other tariff provisions, the terms and conditions of this item apply and charges are assessed to passenger vessels, sport fishing vessels, guide and outfitter vessels, and all other vessels carrying passengers for compensation. A passenger fee of $3.50 per passenger shall be paid for each passenger embarking or disembarking a vessel at a City Dock, as such term is defined in subsection 100 hereof. The passenger fee is assessed once per passenger per excursion regardless of whether the passenger excursion is one -way or round -trip. As used in this subsection, "compensation" means payment to the vessel owner or operator whether by charter or through fares paid by or on behalf of passengers. (Res.2000 -093) (b) Filing of forms and payment 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 Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: November 9, 2009, Effective January 1, 2011 20 1 . C. J 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 $20.00 fee per month or fraction thereof: Vessels 45 to 79 feet $30.00 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 Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: November 9, 2009, Effective January 1, 2011 21 4 a- � 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 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 accorrrrnodate the vessel. It is the responsibility of the vessel owner /operator to assure that adequate handling lines are placed and manned on the vessel upon its return to the water. Port and Harbor Tariff Regulations City of'Seward, Alaska Revision Date: November 9, 2009, Effective January 7, 2011 22 125 Subsection 250 (d) Dockside Lay Time. Dockside lay time may be allowed as scheduling permits. However, all vessels must be removed from dockside within three (3) hours of receiving notice from the Harbormaster or his agents. 255 50 -TON TRAVELIFT FEES (a) Description of Charge. The lift fee is the charge for lifting a vessel from the water or the land utilizing the City's 50 -ton Travelift. A separate lift fee is generated whenever a vessel is lifted, even if it is only lifted and relocated on land. Lift fees do not include overtime labor charges for operation of the Travelift system as described in Subsection 225 of this tariff. (b) Lift Fee (1) Minimum Fee. The minimum fee for a lift shall be TWO HUNDRED THIRTY SIX DOLLARS AND TWENTY FIVE CENTS ($236.25) for the first hour of use or any portion of time 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: Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: November 9, 2009, Effective January 1, 2011 23 126 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 (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 ($21.00) shall be charged for each foot of vessel length over fifty five (55) feet during the first hour of use or any portion of time less than one (1) hour. (3) Second and Additional Hours ofLift. For use of a lift in excess of one (1) hour, a fee of THREE HUNDRED FORTY SIX DOLLARS AND FIFTY CENTS ($ 346.50) per hour shall be charged. This charge shall be assessed in not less than fifteen (15) minute increments of EIGHTY SIX Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: November 9, 2009, Effective January 1, 2011 24 DOLLARS AND SIXTY THREE CENTS ($86.63) and shall be generated per one - quarter (1/4) hour or any portion of time less than one - quarter (1/4) hour. Subsection 265 (4) Relocation Fee. Relocation of all vessels on the uplands shall be charged at a rate of THREE 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. (2) Reservation request must be received by the shiplift operator a minimum of 7 days prior to anticipated vessel arrival. (3) The permit holder must provide, as may be requested by the shiplift operator as a part of the lifting process, to the extent of his knowledge, all information called for by any Supplement to Shiplift Use Application (see "Forms" in the preface of this document). or any other information respecting the vessel including, but not limited to, its estimated arrival and departure, amount(s) and type(s) of cargo on board, and estimate of amount of each category of port charges, as enumerated. The submission of this form, signed by the permit holder or his agent, shall Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: November 9, 2009, Effective January 1, 2011 25 128 constitute the permit holder's attestation as to the accuracy of the information therein supplied; and the permit holder shall be held personally liable to the shiplift operator and the City of Seward for any financial loss suffered by the shiplift operator and City of Seward as a result of the permit holder's failure to so report accurately. Subsection 270 Should the permit holder, subsequent to submission of this form, receive information which materially differs from the information previously provided, and which information the permit holder reasonably believes is riot equally known to the shiplift operator, it shall immediately notify the shiplift operator and, if requested by the shiplift operator, promptly file an amended Supplement to Shiplift Use Application with the shiplift operator. (4) Full lift fees are payable to the shiplift operator at the time of reservation. Prepaid lift fees will be non - refundable unless a written cancellation is received by the shiplift operator a minimum of fourteen (14) days prior to scheduled vessel lift. (See also Section I, Responsibility for Charges, Collection and Guarantee of Charge.) (5) All estimates of charges are subject to approval and /or adjustment by the shiplift operator. The shiplift operator shall promptly, after receipt of said estimate, advise the permit holder as to (1) its approval or adjusted estimate of lift charges, and (2) whether posting of cash or security is required for any one or more categories of such charges and the amount thereof. (6) An agreement is made to work continuously on moving the vessel through the shiplift system utilizing not less than day and early night shifts (first and second shifts) and equipment to the fullest extent available in accordance with circumstances then prevailing. (7) In addition to the terms for lift reservation and establishment of financial responsibility as set forth herein, requests for lift reservation and assignments of lifts shall otherwise be in accordance with all local rules and regulations established by the City of Seward. (e) Berth May be Granted Before Payment. For safety or other reasons, the shiplift operator, in some circumstances, may allow the lift of a vessel before the permit holder or agent has paid all applicable charges or otherwise complied with all applicable tariff provisions or conditions of lifting. (f) Inspection of Vessels on the Shiplift Platfo 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 Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: November 9, 2009, Effective January 1, 2011 26 I" shiplift system without proper authorization must be removed on receipt of notice from the Harbormaster of his agents. (h) Notice of Hazardous Cargo and Permit Requirement. Notice shall be given to the shiplift operator at the time of reservation of the fuel, ballast and any unusual weight distribution or structural requirements for lifting each vessel. Notice shall be given of any vessel carrying cargo which is hazardous, extremely flammable, corrosive, explosive or otherwise poses a significant risk of harm to property or persons at Subsection 270 least twenty -four (24) hours prior to landing or use of the shiplift system. The shiplift operator, at his sole discretion, may issue a permit for shiplift system use if he fords 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 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 he 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 Date: November 9, 2009, Effective January 1, 2011 27 130 (b) Calculation of Rates. Charges shall be based on the overall length of the vessel or trailer (whichever is greater) and shall be based on a per - calendar -month charge. (c) Lay Time Rates (1) Small Boat Harbor. Lay time for upland storage in the Small Boat Harbor shall be charged at a rate of NINE DOLLARS AND NINETEEN CENTS ($9.19) per day for stays of ten (10) days or less in any calendar month. For stays of eleven (11) days or more in any calendar month, the lay time shall be charged at a rate of NINETY ONE DOLLARS AND EIGHTY EIGHT CENTS ($91.88) per calendar month for a vessel, trailer or cradle up to fifty (50) feet in length. The monthly charges for larger vessels shall include an additional ONE DOLLARAND FIFTY EIGHT CENTS($1.58) per foot for each foot over fifty feet in length. Subsection ( 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/7'railers 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 fot 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 Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: November 9, 2009, Effective January 1, 2011 28 131 Scrap (iron, steel) $ 3.15 Raw fish, unprocessed $ 3.15 Subsection 290 Poles, logs, cants or cut finished lumber per MBM (Note: 2,000 lbs shall be deemed 1 MBM $ 3.15 Petroleum products (inbound) per barrel $ 0.18 Petroleum products (outbound) per barrel $ 0.25 Petroleum products (gasoline) per gallon $ 0.0105 Plastic material $ 4.20 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. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: November 9, 2009, Effective January 1, 2011 29 rq (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. Subsection 295 (d) Rates. After expiration of applicable free time, wharf demurrage will be assessed at the following rates (per day, per ton (2,000 lbs.) or portion thereof): Commodity First 5 days After 5 days All freight, N.O.S. $ 1.26 $ 2.52 Mobile homes, portable buildings, living quarters $26.25 /day /unit $105.00 /day /unit Upon prior arrangement with the Harbormaster, upland storage will be biped monthly at a rate of TWENTY -SIX CENTS ($.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 Limes its applicable rate, starting at the time the vessel, shipper or consignee is noticed to move the cargo. (5) In addition, the Harbormaster may, in his discretion, move cargo or freight, and any expense or damages, including damage to cargo or freight during such movement, shall be charged to the vessel, shipper or consignee, except for damages caused by the City's own negligence. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: November 9, 2009, Effective January 1, 2011 30 133 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009 -117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE WATER TARIFF AND PROVIDING FOR AUTOMATIC ANNUAL ADJUSTMENTS 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, since 1993 water rates have been amended three times: to adjust charges for ship's water; a 5% across - the -board increase to all water rates effective January 1, 2004; and a 35% increase in all water rates effective January 1, 2005 implemented solely for the purpose of covering a portion (78 %) of the cost of new debt service payments attributed to the replacement of the Third Avenue Water Main; 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 5 %; 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, the Seward City Council conducted five enterprise fund capital infrastructure and rate review work sessions in preparation for the 2010/2011 Biennial Budget, the outcome of which identified the need to raise rates in order to cover the cost of capital infrastructure repairs and replacement, as well as operational shortfalls; 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 water 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 effective the first billing cycle of each year, in order to, at a minimum, keep pace with increased cost increases; and 34 CITY OF SEWARD, ALASKA RESOLUTION 2009 -117 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 Adjustment: The rates and fees herein provided are adjusted annually beginning the first billing of each calendar year to reflect the 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, 2010 rates reflect an increase based on the average CPI for 2003 - 2007). Section 2. All previous Resolutions in conflict herewith are hereby repealed effective December 31, 2009. Section 3. The rates, fees, and charges incorporated herein by reference and attached hereto as "Water Rates and Charges -- 2010" are effective January 1, 2010, and as "Water Rates and Charges — 2011" are effective January 1. 2011, 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 9` day of November, 2009. THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor AYES: NOES: ABSENT: ABSTAIN: Council Agenda Statement Meeting Date: November 9, 2009 e 4°F sty, Through: Phillip Oates, City Manage V ; > From: W.C. Casey, Public Works Director A . 4i P Agenda Item: Amending the Water Tariff and Providing for Automatic Annual Adjustments to All Rates BACKGROUND & JUSTIFICATION: Over the course of the past two months, the Seward City Council has held five work sessions to discuss the water tariffs, listen to staff feedback, and solicit public testimony regarding the 2010 and 2011 Water Enterprise Budgets. Funding strategy recommendations from the Bird Enterprise Fund Study, the public testimony comments, and staff input regarding various revenue enhancement options were all discussed at length. Since the time of the R.W. Beck Rate Study (1993), water rates have been amended three times: to adjust charges for ship's water; a 5% across - the -board increase to all water rates effective January 1, 2004; and 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). With the assumption that current demands on the water system will remain stable, revenue projections for the foreseeable future will continue to fall short of needed capital to operate and maintain the water system in a safe and efficient manner. In an effort to improve the financial viability o the water department, thus making the utility eligible for assistance through the Alaska Department of Environmental Conservation Municipal Matching Grant Program (70 % -30 %) and ADEC Municipal Loan Program (1.5% interest), adjusting rates is necessary. Small, incremental, upward adjustment of rates will enable the water utility to improve its' financial stability and allow the utility to become competitive in pursuing opportunities for grants and loans through ADEC. Items of "Critical" importance regarding repair, maintenance and improvements to the system were identified and will be addressed as financial viability is achieved. INTENT: The adoption of the proposed amendments to the Water Tariff and providing for automatic annual adjustments to all rates and fees will improve the financial condition of the Water Enterprise Fund. 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. Other: M.L. Foster Water Compliance Study FISCAL NOTE: Rates to be adjusted annually beginning the first billing of each calendar year to reflect the average of the five previous published years' annual increases in the Anchorage Consumer Price Index for all urban consumers. 13 6 Approved by Finance Department: ", _ p. ATTORNEY REVIEW: Yes RECOMMENDATION: Council approve Resolution 2009 I t , a mending the Water Tariff and providing for the automatic annual adjustments 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. f> r I a Water Rates and Charges - 2010 Rates for Water by Class of Service ANNUAL RATE ADJUSTMENT: The rates and fees herein provided are 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, 2010 rates reflect an increase based on the average CPI for 2003 - 2007.) 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 ERU 2 water service Note: ERU = Equivalent Residential Unit (See Page 3 -7) City of Seward Water Tariff - Revised 11109/09 138 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 0.3 ERU Office Building/Mall with offices and retail stores and businesses not including restaurants, bars, food markets: Basic charge per building LO 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: 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 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 0.3 ERU City of Seward Water Tariff - Revised 11 /09/09 3 9 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 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. City of Seward Water Tariff - Revised 11/09/09 a 4 +' Page 3 -3 1 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 PLUS per water - cooled refrigeration unit 3.0 ERU 3.0 ERU PLUS per butcher /neat packing unit PLUS per bakery 1.0 ERU PLUS per snack bar/Deli 1.0 ERU 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 City of Seward Water Tariff - Revised 11/09/09 141 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 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 or approve the type of meter and its installation. A customer may request to be converted to meter rates. If a customer requests to convert to meter rates, the city 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. City of Seward Water Tariff - Revised 11/09/09 14' Page 3 -5 BASIS FOR MONTHLY FEE Minimum Charge for Each Metered Service Service Size Minimum Monthly Charge 3/4" - 1" Service $17.83 1 -1 /2" - 2" Service $35.65 2 -1/4" - 4" Service $179.75 Over 4" Service $898.75 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 $4.50 Next 500,000 Gallons $3.59 Next 1,000,000 Gallons $2.70 Next 2,000,000 Gallons $2.25 Next 2,000,000 Gallons $1.14 Next 5,000,000 Gallons $1.14 All Additional Gallons $1.14 The consumption metered on several metered services serving the same owner will not he combined to calculate the monthly bill. Each will be computed as a separate bill. Except, where an existing activity is served by several metered services and historically the services have been combined to compute the monthly bill, the metered consumption for that activity will be totalled prior to computing the monthly bill. This exception is not applicable to new services initiated after July 1, 1990. The city may negotiate a special contract with a user that consumes in excess of 20 million gallons of water per calendar year. Such contracts will set 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 shall be approved by resolution of the City Council. City of Seward Water Tariff - Revised 11/09/09 Page 3 -6 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) $35.81 2. Fire Hydrant Use Permit: From May 1 to Tapping Fee $74.28 August 31 a Fire Hydrant Permit may be PLUS daily fee: $37.14 issued. Fire Hydrants will be turned on and PLUS weekly fee: $222.84 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 $2,079.76 . In excess of 60 feet - actual cost, but not less than $2,079.76 . PLUS cost of paving and curb replacement. Done by Contractor: $125 connection fee PLUS cost of paving and curb replacement. 4. Water Service Inspection Fee (for service $74.28 installed by others): City of Seward Water Tariff - Revised 11/09/09 Page 3 -7 1. 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: $37.14 on/turn -off is not classified as a new During non - business hours: $111.41 account and will be charged as " Seasonal turn -ons or turn - offs." Seasonal turn -ons and turn -offs: $125 6. Unauthorized Use of City Equipment $742.77 (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 - $111.41 Large projects requiring several locates will be under a special agreement with the water utility and may include a fee. 9. Thaw Wire: Locate between May 1 and Oct. 31 - no charge Locate between Nov. 1 and April 30 - $111.41 10. Security Deposit: Domestic (Single Fam. & Duplex) $37.14 Commercial & Multiple Dwellings: $111.41 Fire Hydrant usage: $222.84 City of Seward Water Tariff - Revised 11/09/09 Page 3 -8 14 ; . 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): $74.28 Basic Charge (outside regular business hours)@ $148.55 PLUS $6.92 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 vessel. City of Seward Water Tariff - Revised 11/09/09 1 4 6 Page 3 -9 Water Rates and Charges - 2011 Rates for Water by Class of Service ANNUAL RATE ADJUSTMENT: The rates and fees herein provided are 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 reflect 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 available for use by the occupant 0.75 ERU 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 water service 2 ERU Note: ERU = Equivalent Residential Unit (See Page 3 -7) City of Seward Water Tariff - Revised 11/09/09, Effective 01 /01/2011 4 7 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 0.3 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: 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 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 0.3 ERU City of Seward Water Tariff - Revised 11/09/09, Effective 01/01 /2011 14 8 Page 3 -2 Warehouses: Basic charge per building PLUS each pair of restrooms or showers exceeding one pair 0 air 0 .3 ERU .3 ERU Churches, theaters, assembly halls, clubs, fraternal clubs: Basic charge per building PLUS each pair of restrooms exceeding one pair 0 .3 ERU 0 PLUS, for food/bar service, add charge for restaurant or bar .3 ERU 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 Per camper /motorhome hookup 0.5 ERU 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 NO 1'h: 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 11 /09/09, Effective 01/01/2011 4 9 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 City of Seward Water Tariff - Revised 11/09/09, Effective 01/01/2011 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 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 or approve the type of meter and its installation. A customer may request to be converted to meter rates. If a customer requests to convert to meter rates, the city 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. City of Seward Water Tariff - Revised 11/09/09, Effective 01/01/2011 Page 3 -5 I BASIS FOR MONTHLY FEE Minimum Charge for Each Metered Service Service Size Minimum Monthly Charge 3/4" - 1" Service $18.74 1 -1/2" - 2" Service $37.47 2 -1/4" - 4" Service $188.92 Over 4" Service $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 $4.73 Next 500,000 Gallons $3.77 Next 1,000,000 Gallons $2.84 Next 2,000,000 Gallons $2.36 Next 2,000,000 Gallons $1.20 Next 5,000,000 Gallons $1.20 All Additional Gallons $1.20 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 an existing activity is served by several metered services and historically the services have been combined to compute the monthly bill, the metered consumption for that activity will be totalled prior to computing the monthly bill. This exception is not applicable to new services initiated after July 1, 1990. The city may negotiate a special contract with a user that consumes in excess of 20 million gallons of water per calendar year. Such contracts will set a rate which will assure that the user pays its full share of the utility's fixed and variable operating and maintenance costs. AB special contracts shall be approved by resolution of the City Council. City of Seward Water Tariff - Revised 11/09/09, Effective 01 /01/2011 1 5 2 Page 3 -6 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) $37.64 2. Fire Hydrant Use Permit: From May 1 to Tapping Fee August 31 a Fire Hydrant Permit may be PLUS daily fee: $70 07 issued. Fire Hydrants will be turned on and PLUS weekly $234.2 0 fee: 234. off by Water or Fire Department 2 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 $2,185.83. In excess of 60 feet - actual cost, but not less than $2,185.83. PLUS cost of paving and curb replacement. Done by Contractor: $131.38 connection fee PLUS cost of paving and curb replacement. 4. Water Service Inspection Fee (for service $78.07 installed by others): City of Seward Water Tariff - Revised 11 /09/09, Effective 01 /01/2011 15 3 Page 3 -7 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: $39.03 on/turn -off is not classified as a new During non - business hours: $117.09 account and will be charged as Seasonal turn-ons or turn - offs." Seasonal turn -ons and turn -offs: $131.38 6. Unauthorized Use of City Equipment $780.65 (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 - $117.09 Large projects requiring several locates will be under a special agreement with the water utility and may include a fee. 9. Thaw Wire: Locate between May 1 and Oct. 31 - no charge Locate between Nov. 1 and April 30 - $117.09 10. Security Deposit: Domestic (Single Fatn. & Duplex) $39.03 Commercial & Multiple Dwellings: $117.09 Fire Hydrant usage: $234.20 City of Seward Water Tariff - Revised 11/09/09, Effective 01/01/2011 t ` ' Page 3 -8 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): $78.07 Basic Charge (outside regular business hours)® $156.13 PLUS $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 vessel. City of Seward Water Tariff - Revised 11 /09/09, Effective 01/01 /2011 1 5 , Page 3 -9 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009 -118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE WASTEWATER TARIFF AND PROVIDING FOR AUTOMATIC ANNUAL ADJUSTMENTS 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, since 1993 wastewater rates have been amended twice; once to increase rates by 5% effective January 1, 2004: and a 15% increase effective January 1, 2005; 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 20 %; 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, the Seward City Council conducted five enterprise fund capital infrastructure and rate review work sessions in preparation for the 2010/2011 Biennial Budget, the outcome of which identified the need to raise rates in order to cover the cost of capital infrastructure repairs and replacement, as well as operational shortfalls; 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 increased cost increases; and 15 f CITY OF SEWARD, ALASKA RESOLUTION 2009 -118 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 Adjustment. The rates and fees herein provided are adjusted annually beginning the . first billing of each calendar year to reflect the 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, 2010 rates reflect an increase based on the average CPI for 2003 - 2007). Section 2. All previous Resolutions in conflict herewith are hereby repealed effective December 31, 2009. Section 3. The rates, fees, and charges incorporated herein by reference and attached hereto as "Sewer Rates and Charges — 2010" are effective January 1, 2010, and as "Sewer Rates and Charges — 2011" are effective January 1, 201 1, 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 9' day of November, 2009. THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor AYES: NOES: ABSENT: ABSTAIN: 1 57 Council Agenda Statement Meeting Date: November 9, 2009 e,op se's'. 9 Through: Phillip Oates, City Manage % j� 9 , _ From: W.C. Casey, Public Works Director l 4 i P Agenda Item: Amending the Wastewater Tariff and Providing for Automatic Annual Adjustments to All Rates BACKGROUND & JUSTIFICATION: The Seward City Council has held five work sessions over the past two months to discuss the wastewater tariff, listen to staff feedback and solicit public testimony regarding the 2010 and 2011 Wastewater Budgets. Several funding strategy options were discussed by Council, including recommendations from the Bird Enterprise Fund Study, options and ideas derived from public testimony, and suggestions and information provided by Staff. Customer rates and charges in the Wastewater Enterprise Fund, have been amended twice (5% in 2004 and 15% in 2005) since the 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 depreciation and capital projects (as well as repair and replace 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 grants and loans, and it is important 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. Additionally, the implementation of small rate increases annually or bi- annually, as opposed to large increases periodically, enables the utility customers the opportunity to plan, budget and avoids "rate shock ". INTENT: The adoption of the proposed amendments to the Wastewater Tariff and providing for automatic annual adjustments to all rates will improve the financial condition of the Wastewater Enterprise Fund. 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. Other: Water and Sewer System Modeling and Analyses (June 2000). FISCAL NOTE: Rates to be adjusted annually beginning the first billing of each calendar year to reflect the average of the five previous published years' annual increases in the Consumer Price Index. 158 Approved by Finance Department: �, ,_!7*. i ATTORNEY REVIEW: Yes RECOMMENDATION: Council approve Resolution 2009 - 11'6 , amending the Wastewater Tariff and providing for the automatic annual adjustments 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. 159 Sewer Rates and Charges - 2010 Rates for Sewer by Class of Service ANNUAL RATE ADJUSTMENT: The rates and fees herein provided are 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, 2010 rates reflect an increase based on the average CPI for 2003 - 2007.) 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 $45.18 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 water, a water charge shall be computed based on the activites served by the sewer, and the sewer rate shall be 1.2 times the computed water charge METERED SERVICES City of Seward Sewer Tariff - Revised 11/09/09, Effective January 1, 2010 1 6 0 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 waste water is not discharged into the city sewer system City of Seward Sewer Tariff - Revised 11/09/09, Effective January 1, 2010 Page 4 -2 Minimum Charge for Each Metered Service Service Size Minimum Monthly Charge 3/4" - 1" water ervice $38.53 1 -1/2" - 2" water service $63.78 2-1/4" - 4" water service $160.78 Over 4" water service $803.89 Charge for Consumption Gallons of Sewage Discharged per Month Charge _ ler 1,000 Gallons Groups A, B & C Group D First 10,000 Gallons $5.65 $9.09 Next 40,000 Gallons $4.53 $7.27 Next 50,000 Gallons $3.76 $6.07 Next 100,000 Gallons $3.39 $5.47 Next 500,000 Gallons $1.67 $3.52 Next 500,000 Gallons $1.67 $3.52 All Additional Gallons $1.67 $3.52 GROUP E - SPECIAL RATES AND FEES Group E includes charges for other categories of service not included in Groups A through D. 162 City of Seward Sewer Tariff - Revised 11/09/09, Effective January 1, 2010 Page 4 -3 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 @J 2. Tank Truck Operators: Fresh sewage, or Per thousand gallons: $43.85 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 11/09/09, Effective January 1, 2010 Page 4 -4 3. Recreational Vehicles: Individual RV No fee owners utilizing city -owned or approved dump sites $0.73 per day Per RV, camper or trailer permit, Public and private campground operators 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, administra- tion, materials and equipment. 6. Sewer Service Inspection Fee: This fee $199.32 shall be charged for services installed by anyone other than the city. 7. Unauthorized Connection or Discharge Per Occurrence $664.37 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 Contractor to City Facilities: 9. Locate Service: First Locate:No Charge Each Additional Locate: $66.44 Large projects requiring several locates will be under a special contract and may require a fee. 10. Security Deposit: If a water security Domestic: $33.22 deposit was paid, no additional deposit (Single family & duplex) will be required. If no water deposit was Commercial: $99.65 paid, the following deposits will be Multi - Family: $99.65 charged. City of Seward Sewer Tariff - Revised 11/09/09, Effective January 1, 2010 1 Page 4 -5 11. Contractor Work: Any contractor tap- $5000.00 Bond or equivalent cash guarantee ping into a city sewer main, or otherwise payable to the city working 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 ap- proved by the city may be installed at the user =s expense. 13. Delinquent Account Charges: Interest rate: 10.5% per annum Monthly late fee: $5.24 City of Seward Sewer Tariff - Revised 11/09/09, Effective January 1, 2010 Page 4 -6 165 Sewer Rates and Charges - 2011 Rates for Sewer by Class of Service ANNUAL RATE ADJUSTMENT: The rates and fees herein provided are 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 reflect 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 $47.48 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 water, a water charge shall be computed based on the activites served by the sewer, and the sewer rate shall be 1.2 times the computed water charge METERED SERVICES EF) City of Seward Sewer Tariff - Revised 11/09/09, Effective January 1, 2011 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 waste water is not discharged into the city sewer system City of Seward Sewer Tariff - Revised 11/09/09, Effective Januar 1, 2011 Page 4 - 2 Minimum Charge for Each Metered Service Service Size Minimum Monthl Char•e 3/4" - 1" water ervice $40.50 1 -1/2" - 2" water service $67.03 2 -1/4" - 4" water service $168.98 Over 4" water service $844.89 Charge for Consumption Gallons of Sewage Discharged per Month Charge per 1,000 Gallons Groups A, B & C Group D First 10,000 Gallons $5.94 $9.55 Next 40,000 Gallons $4.76 $7.64 Next 50,000 Gallons $3.95 $6.38 Next 100,000 Gallons $3.56 $5.75 Next 500,000 Gallons $1.76 $3.70 Next 500,000 Gallons $1.76 $3.70 All Additional Gallons $1.76 $3.70 GROUP E - SPECIAL RATES AND FEES Group E includes charges for other categories of service not included in Groups A through D. 1.68 City of Seward Sewer Tariff - Revised 11/09/09, Effective January 1, 2011 Page 4 -3 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: $46.09 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. . 6 0 City of Seward Sewer Tariff - Revised 11/09/09, Effective January 1, 2011 Page 4-4 3. Recreational Vehicles: Individual RV No fee owners utilizing city -owned or approved dump sites $0.77 per day Per RV, camper or trailer permit, Public and private campground operators 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, administra- tion, materials and equipment. 6. Sewer Service Inspection Fee: This fee $209.49 shall be charged for services installed by anyone other than the city. 7. Unauthorized Connection or Discharge Per Occurrence $698.25 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 Contractor to City Facilities: 9. Locate Service: First Locate:No Charge Each Additional Locate: $69.83 Large projects requiring several locates will be under a special contract and may require a fee. 10. Security Deposit: If a water security Domestic: $34.91 deposit was paid, no additional deposit (Single family & duplex) will be required. If no water deposit was Commercial: $104.73 paid, the following deposits will be Multi - Family: $104.73 charged. City of Seward Sewer Tariff - Revised 11/09/09, Effective January 1, 2011 Page 4 -5 11. Contractor Work: Any contractor tap- $5000.00 Bond or equivalent cash guarantee ping into a city sewer main, or otherwise payable to the city working 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 ap- proved by the city may be installed at the user= s expense. 13. Delinquent Account Charges: Interest rate: 10.5% per annum Monthly late fee: $5.51 171 City of Seward Sewer Tariff - Revised 11/09/09, Effective January 1, 2011 Page 4 -6 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009 -119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ACCEPTING A GRANT IN THE AMOUNT OF $1,827.30 FROM THE ALASKA HIGHWAY SAFETY OFFICE FOR 2010 FIRST QUARTER ALASKA STRATEGIC TRAFFIC ENFORCEMENT PROGRAM (ASTEP) DRIVING UNDER THE INFLUENCE (DUI) ENFORCEMENT CAMPAIGN AND APPROPRIATING FUNDS WHEREAS, the Seward Police Department has been awarded a Program Coordination Grant from the Alaska Highway Safety Office through the Alaska Strategic Traffic Enforcement Program (ASTEP), in the amount of $1,827.30; and, WHEREAS, the City is not required to provide any cash or in kind match; and, WHEREAS, the use of these funds must be for the purpose of providing overtime saturation patrols by the Seward Police Department for the enforcement of DUI violations during October, November and December of 2009; and, WHEREAS, these funds will be of essential assistance to the Seward Police Department in the enforcement of DUI violations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Manager is hereby authorized to accept the 2010 ASTEP DUI Enforcement, Alaska Highway Safety Office grant in the amount of $1,827.30and enter into a grant agreement. Section 2. Funding in the amount of $1,827.30 is accepted to grant revenue account no. 101- 0000 - 4680 -0200 and appropriated to the police department's overtime account, no. 101 -1210- 5020. Section 3. This resolution shall take effect immediately upon its adoption. Agenda Statement t ' ,4 476 - $ 4 , 1 Meeting Date: November 9, 2009 Through: Phillip Oates, City Manage `d , q P From: Tom Clemons, Chief of Police Agenda Item: Alaska Highway Safety Grant (ASTEP DUI `10 First Quarter Enforcement) BACKGROUND & JUSTIFICATION: The Alaska Highway Safety Office, AHSO, has requested that the City of Seward continue participating in the Alaska Strategic Traffic Enforcement Partnership (ASTEP) DUI Overtime Enforcement campaign by providing overtime saturation patrols. During selected holidays, the blitz campaign, and assigned weekends, the Seward Police Department will conduct high- visibility DUI enforcement patrols. AHSO has awarded a grant in the amount of $1,827.30 for October, November and December 2009. This program is a 100% grant funded project, with no local matching funds required. The terms of the grant and the grant budget are attached. INTENT: The intent of this grant is to save lives by arresting and punishing alcohol and drug impaired drivers and maintain current public perceptions of DUI enforcement issues. 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: ATTORNEY REVIEW: No FISCAL NOTE: There is no local funding required to match these grant funds. Approved by Finance Department: 3E' 1 RECOMMENDATION: City Council approve Resolution 2009- (9 , accepting a grant from the Alaska Highway Safety Office in the amount of$1,827.30, and appropriating funds ti UI.I -co1'17 i :ib r-r Drs: Io :w:iorce4t34CI0 r'.C4 SUNK Of Alaska �$A A` Depanment ofTransponntion and Public I acihfce f.� / - -4 3132 Channel 1)r PO Box 112500 c. Juncou AK 99811-250o / -�� N o ti ce to P p 907.465.2446 f 907 -465 -4010 dot .alaske.gov/highwaysafety ... Grantee Name and Address: Seward Police Department ASTEP DUI Enforcement Lt. Louis Tiner .. You may proceed with the activities for the Categories and specific Tasks enumerated below in the Funding Summary Any activities beyond the written scope and /or any costs above the price estimate In our Agreement require prior AHSO approval and a Project Revision. Actual cost underrun of the Contract Amount for any Category shell not routinely accumulate for other Categories. AHSO reserves the right to retain or reallocate any remaining funds resulting from such cost underruns. This NTP Is cumulative and It supersedes all prior NTP$ for this Agreement. The AHSO Administrator for this NTP is: Cindy Cashes issued for lho ontrocting Agency p.. • DOTSP Policy 001 0 .' 50 by Accepted for ' a • t • o by 4±,_./ Signature Da. : "gnature ats Name: Cindy Goshen ° - - Name Lt Louis Tiner FUNDING SUMMARY Total Amount Total Amount Approved for thle NTP Authorized Tooke Authortied to Date • M authorized in the Program Coordination Grant Irom October 1, 2000 to $ 1,827 30 December 31, 2009. $ 1,827 30 Vehicle usage is included at se.00 per hour as referenced in the Program Coordination Grant. AHSO use' only _ jocation Code Program Code Account Code NTP #: 1 Grant t 154AL 10 -01 -01 Ledger Code Proiect Numher EN* Project End Date: 09/30/2010 P t of P pram 'tenon , [13 Y l \ Signature Dote Signature Dote Program Centro Agent - Name: Kathy BON. Accounting Technician Name Tenoya Sanders- Rouget 1 "r 1 UL I - CC - Cbb7 1: 1 r r rom: 10 : 71 70(tt4b9dU OA A i � State of Alaska Department of Transportation and Public Facilities P.0 Box 112500; Rm #200 Juneau AK 99801 Pt . 907- 465 -2446 Fx: 907 - 485 -4030 www.d ot.alaska.gov /highwaysafety Program Coordination Grant Program Area. Project Coordinator. Federal Funding Year Impaired Driving 2010 Project Title Project Number Alaska Strategic Traffic Enforcement Partnership DUI Overtime 154AL 10 -01 -01 Enforcement Grant Purpose /Objectives In order to reduce deaths and injuries caused by impaired drivers and to increase compliance with Alaska's primary seat belt law, the Seward Police Department will conduct high - visibility seat belt and DUI enforcement as detailed in the Alaska Strategic Enforcement Partnership Enforcement Plan submitted to the Alaska Highway Safety Office in April 2006. The Seward Police Department agrees to participate in the following enforcement blitzes from October 1, 2009 through September 30, 2010 ✓ Required DUI Enforcement to include the major Holidays Month- by•Month Breakdown (Refer to enforcement plan for detail of seat belt and DUI enforcement times): Month Hours — DUI Enforcement Monthly Budget October 10 hrs DUI $ 549.10 November _ 10 hrs DUI $ 549.10 December 10 hrs DUI $ 549.10 Vehicle Usage $6.00 per hour $ 180.00 Actual cost of overtime to include benefits Is not to exceed the following amount: $1,827.30 including vehicle usage. To receive reimbursement for personnel services the department must provide overtime sheets, the overtime hourly rates including benefits for each officer along with the activity sheets showing total hours being submitted for reimbursement. f5 u1-C-eolaJ 1:lr rrom: 0:717Jldt'IC4tfl� r'. Budget Summary: BUDGET CATEGORY BUDGET AMOUNT (100) Personal Services $ 1,647.30 (200) Travel & Per Diem Project 0 154AL 10 -01.01 (300) Vehicle Usage $ 180.00 CC (400) Commodities _ LC (500) Equipment PJ PGM Code 57870 TOTAL $ 1827.30 . RSA 0 Signed: ( --- /a ,2-410 — ' Grantee's Project Director Dat easka (4.....i / /o Governor's H afety Representative Date 1 7 6 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009 -120 A RESOLUTION OF THE SEWARD CITY COUNCIL OF THE CITY OF SEWARD, SUPPORTING THE ALASKA COASTAL COMMUNITIES GLOBAL CLIMATE CHANGE COMPACT WHEREAS, global climate change represents one of the greatest threats of our time; and, WHEREAS, ocean acidification is caused by increased carbon dioxide concentrations from the burning of fossil fuels and is accelerating; and, WHEREAS, global climate change and ocean acidification threaten communities in Alaska; and, WHEREAS, Alaskan coastal communities are important to the nation, and Alaska can play a role in addressing climate change and ocean acidification; and, WHEREAS, there are compelling economic arguments to act now; and, WHEREAS, the United States has an obligation to take a leadership role in addressing global climate change; and, WI - IEREAS, for the well -being of current and future generations, immediate action must be taken at all levels of government and throughout society to address global climate change and ocean acidification. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: SECTION 1. The City of Seward supports the Alaska Coastal Communities Global Climate Change Compact and hereby adds its name as a signatory to the Compact. SECTION 2. The City of Seward will seek to support initiatives and projects that limit adverse climactic changes and reduce ocean acidification. SECTION 3. This resolution takes effect immediately upon its adoption. .17 Council Agenda Statement Meeting Date: November 9, 2009 v O From: City Manager, Phillip Oates ,7 q4A7FP Agenda Item: Alaska Coast Communities Global Climate Change Compact BACKGROUND & JUSTIFICATION: Global climate change represents one of the greatest threats of our time. The Intergovernmental Panel on Climate Change (IPCC), the world's leading scientific body on this subject, has presented compelling evidence of climate change's dangerous effects and has recommended steps to avoid them. The IPCC has called on nations to collectively curtail greenhouse gas emissions to ensure that atmospheric concentrations peak no later than 2015 and decline 80 percent by 2050, compared to 2000. The IPCC has concluded with 90 percent confidence that today's climate changes are attributable to human activity, primarily from the burning of fossil fuels. Ocean acidification is caused by increased carbon dioxide concentrations from the burning of fossil fuels and is accelerating. The daily uptake of over 22 million tons of carbon dioxide into the ocean is causing ocean acidification and threatens many forms ofmarine life by decreasing the ability of certain organisms to build their shells and skeletal structures. Ocean acidification has the potential, within decades, to severely affect marine organisms, food webs, biodiversity and fisheries. Global climate change and ocean acidification threaten communities in Alaska. Because high latitude regions of the earth are particularly vulnerable to the impacts of global climate change, Alaska has been described as `ground zero' for climate change. Coastal erosion, thawing permafrost, and spruce bark beetle infestations are evidence of climate change in Alaska. In addition, ocean acidification threatens the fisheries that provide food, jobs, and cultural identity to many Alaskans, particularly in coastal communities. Alaskan coastal communities are important to the nation, and Alaska can play a role in addressing climate change and ocean acidification. Alaska produces more than half of the seafood caught in the United States. Alaska also has potential to mitigate climate change and ocean acidification, through development and export of renewable energy technologies that can be used throughout the developing world. The Alaska SeaLife Center has begun new research programs to better understand the effects of climate change and ocean acidification and will be a key partner with the City in promoting better public understanding of these issues and in working with us to develop solutions and adaptation strategies. There are compelling economic arguments to act now. Positive economic development and diversification of Alaska's economy will be associated with addressing climate change in the state. Furthermore, the economic costs of inaction will be far greater than the costs associated with immediate action to reduce greenhouse gas emissions in line with IPCC recommendations. The United States has an obligation to take a leadership role in addressing global climate change. With only 5 percent of the world's population, the United States produces approximately 25 percent of the world's annual greenhouse gas emissions. 7 8 For the well -being of current and future generations, immediate action must be taken at all levels of government and throughout society to address global climate change and ocean acidification. Given the seriousness of these problems, policies and programs to reduce greenhouse gas emissions must constitute a priority when allocating government resources. INTENT: Approve signing the Alaska Coastal Communities Global Climate Change Compact to express Council's deep concern about human- induced global climate change and ocean acidification and issue a call to policymakers to take strong and immediate action to prevent catastrophic impacts from greenhouse gas emissions. 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. Other: FISCAL NOTE: NA ATTORNEY REVIEW: No RECOMMENDATION: Approve Resolution 2009- lWSUPPORTING THE ALASKA COASTAL COMMUNITIES GLOBAL CLIMATE CHANGE COMPACT 179 BOB MOLLOY (907) 283 -7373 (VOICE) - 283 -2835 (FAX) bob@molloyforcouncil.com TO: Mayor, Council, Administration & Public FROM: Bob Molloy DATE: 10 -14 -09 SUBJECT: Information Item: Alaska Coastal Communities Global Climate Change Compact City of Kenai residents have expressed interest in the Alaska Coastal Communities Global Climate Change Compact. On the Kenai Peninsula, this Coastal Communities Compact was recently supported by the Kenai Peninsula Borough Assembly and has been supported by the City of Homer. Attached for your information are copies of the following: - Alaska Coastal Communities Global Climate Change Compact - Kenai Peninsula Borough Resolution 2009 -085 (copy unsigned) - City of Homer Resolution 09 -38(A) (copy unsigned) I plan to make contacts about obtaining a Scheduled Public Presentation for a future council meeting on the Coastal Communities Compact and renewable ocean energy, climate change and ocean acidification research and education programs, and economic impacts of ocean acidification on coastal communities, which may be similar to the presentation made to the Borough Assembly. Bob Molloy _ , _ a. 8 ALASKA COASTAL COMMUNITIES GLOBAL CLIMATE CHANGE COMPACT Alaska has more miles of coastline than all the rest of the United States. The vast majority of our state's residents call our coastal communities home. These communities generate billions in economic activity. From Metlakatla to Kaktovik, people have lived along Alaska's vast coast for thousands of years and depended on rich biologi- cal ocean resources for survival: Today, the cultural identity and survival of Alaska's coastal communities still depend on the ocean resources that support commercial fishing, tourism, recreation and subsistence. We, the undersigned Alaskan local and regional governments and elected officials, express our deep concern about human tt}ducedglobal eUmate change and ocean acidification and issue a call to policymakers to take strb ad vit»i�e is acton o prevent catastrophic impacts from reenhouse g as emissions. . vale i. c ol1QM, staternentsi g g g e th W e reco k f � �.� f.PYt fx o � m}�y}� � 35.4 �dPt R 51;Y�T ,. d l 4;J"'i5< � R '4J� „ � i � Y pA..1- �p�yy�p , si °3 so .c�� '•{W' 4w 4"9vTyY='•yG�i F°1 Y r ,k'a Yr F - r c sn' . 3 rtrt, �f rF' 'F r d°,f t •s Y, g ut ' Pc �r # s �3 t3 •- at L �p�'Y +.7 Y 4. ♦ E' +'� 1� n f'' fi' . } fat "n55 'yft *�A .��`. •� H fyF .y �}`� 1aF ynl� Sx , a8 ° e• v i 'i 2 ✓ , �,' ( �'$ ! a�y;{ Yn�h�T�r s re ?�y °tt �y.�D f„�+, ra F v 3 ' y " a. 9r. r K 1 ,"q ,'13`'a ;�'�y 'rPQ -.. ; . +. � ✓? w ,+nb a> � v r� c �.}aa . S.RY f�� •i'f� �+ F;Ar " a< , t �� z ` 4q ,tt xvy itF " IIAM1 '. c 1 Y� �, ½.J 'T 1 5t roa 33$i.teWxv c r-� , ;� e' • s grea d1 9zJ ii+ 4 f' j ,1' e of st threats t of our t ime.,w s L ,;.� � , , e It7teEg ve +'tital �, � �{ �'� A�� • o gi � Ctf n th �wotldx�, d'm aent tic body this s ib /cc,tlias pres et} l 4, �� CothpX a } ° &mat d 1go� ig rods effects aitdhasrecommendec{"steps to avoid-them The IICC7ta t {aa 'gl1eLIvel+urtat greenhouse gas emssions to ensure that k:�FmQspletic cdentrattoi3s4l5p�t an 2 ° cf decline 80 percent b 2050, eoiffpa *d to 2000 The TPCC b s coiti wtth 9Ojeceit conh dente•thattodays climate changes ate attriburable.to human:acpvrty prtmarily:from the burn - ofloss fiiek 2. Ocean acidification is caused by increased carbon dioxide concentrations from the burning of fossil fuels and is accelerating. The daily uptake of over 22 million tons of carbon dioxide into the ocean is causing ocean acidification and threatens many forms of marine life by decreasing the ability of certain organisms to build their shells and skeletal structures. Ocean acidification has the potential, within decades, to severely affect marine organisms, food webs, biodiversity and fisheries. 3. Global climate change and ocean acidification threaten communities in Alaska. Because high latitude regions of the earth are particularly vulnerable ro the impacts of global climate change, Alaska has been described as "ground zero" for climate change. Coastal erosion, thawin ermafrost, and s pruce bark bee g P p beetle infestations are evidence of climate change in Alaska. In addition, ocean acidification threatens the fisheries that provide food, jobs, and cultural identity to many Alaskans, particularly in coastal communities. 4. Alaskan coastal communities are important to the nation, and Alaska can play a role in addressing climate change and ocean acidification. Alaska produces more than half of the seafood caught in the United States. Alaska also has potential to mitigate climate change and ocean acidification, through development and export of renewable energy technologies that can be used throughout the developing world. 5. There are compelling economic arguments to act now. Positive economic development and diversification of Alaska's economy will be associated with addressing climate change in the state. Furthermore, the economic costs of inaction will be far greater than the costs associated with immediate action to reduce greenhouse gas emissions in line with IPCC recommendations. Page 1 of 3 1 81 6. The United States has an obligation to take a leadership role in addressing global climate change. With only 5 percent of the world's population, the United States produces approximately 25 percent of the world's annual greenhouse gas emissions. 7. For the well -being of current and future generations, immediate action must be taken at all levels of government and throughout society to address global climate change and ocean acidification. Given the seriousness of these problems, policies and programs to reduce greenhouse gas emissions must constitute a priority when allocating government resources. We hereby express support for the following policies, actions and initiatives: 1, At the national level, immediately enact climate legislation that will reduce greenhouse gas emissions to meet or exceed the goals recommended by the IPCC; e.g., 80 percent reduction from 2000 levels by 2050. 2. Reengage at the national level in the international process of dealing effectively with global climate change. 3. At the national and state levels, enact legislation and fund initiatives that will dramatically increase energy efficiency and the production of renewable energy. 4. Utilize a significant portion of the proceeds from national cap -and -trade legislation, carbon tax, or other sources to fund initiatives in Alaska that will; • develop renewable energy resources • improve energy efficiency in buildings, transportation, etc., in all sectors of the economy • increase public knowledge of issues related to greenhouse gas emissions • create a skilled workforce for a new clean - energy economy • help vulnerable communities adapt to unavoidable climate - related impacts • protect or rebuild infrastructure that is threatened by climate impacts • enhance research in the area of ocean acidification • enhance research in the areas of energy efficiency and renewable energy. We further express our commitment to: 1. network with other Alaskan coastal communities on the issues of climate change and ocean acidification; 2. encourage actions within our own communities to mitigate climate change and ocean acidification and adapt to unavoidable changes; 3. make wise and effective use of resources provided by the state and federal governments for such actions; and 4. support community efforts to educate the public on these issues. Signatories: City and Borough of Sitka City of Homer City of Petersburg City of Dillingham City of Gustavus (continued) Alaska Coastal Communities Global Climate Change Compact, page 2 of 3 182 Signatories (continued): Alaska Coastal Communities Globaj,Clilt Change Compact, page 3 of 3 introduced by: Smith, Martin Date: 09/15/09 Action: Adopted Vote: 6 Yes, 0 No, 3 Absent KENAI PENINSULA BOROUGH RESOLUTION 2009 -085 A RESOLUTION SUPPORTING THE ALASKA COASTAL COMMUNITIES GLOBAL CLIMATE CHANGE COMPACT WHEREAS, people from Alaska coastal communities came together for the Alaska Coastal Gathering held in Homer, Alaska, February 24 -26, 2009; and WHEREAS, participants of the Alaska Coastal Gathering received presentations from scientists and experts regarding the causes and effects of global climate change and ocean acidification, including recommendations of the Intergovernmental Panel on Climate Change regarding the need to reduce greenhouse gas emissions to prevent catastrophic impacts of climate change; and WHEREAS, Alaska Coastal Gathering participants also received presentations from experts regarding the potential for development of renewable energy in Alaska such as wind, solar, geothermal, hydro, and ocean energy generation; and • WHEREAS, participants of the Alaska Coastal Gathering were given presentations regarding the economic opportunities associated with the transition from "business as usual" to a sustainable economy; and WHEREAS, congressional staff gave a presentation to the participants of the Alaska Coastal Gathering regarding the political landscape and pending legislation in Congress that could assist Alaska communities in reducing greenhouse gas emissions, saving money, and developing sustainable economies; and WHEREAS, presenters and participants of the Alaska Coastal Gathering discussed in detail the causes and effects of global climate change, ocean acidification, the recommendations of the Intergovernmental Panel on Climate Change, renewable energy and economic opportunity, state and federal legislation, and the uniqueness of people living in Alaska coastal communities whose way of life and economy depend on a healthy ocean; and • WHEREAS, participants of the Alaska Coastal Gathering developed statements, positions, and recommendations by consensus to form the content of the Alaska Coastal Communities Global Climate Change Compact; and Kenai Peninsula Borough, Alaska Resolution 2009 -085 Page 1 of 2 I84 4 WHEREAS, the local governments of Homer, Sitka, Petersburg, Dillingham and Gustavus have officially signed the Alaska Coastal Communities Global Climate Change Compact; and WHEREAS, the Kenai Peninsula Borough Assembly received a research report from Dr. Jeremy Mathis, Chemical Oceanographer UAF, on the increasing acidity of Alaska's coastal ocean waters; and WHEREAS, the Kenai Peninsula Borough Assembly received a presentation by Dr. Ian Dutton, President Alaska SeaLife Center, on Renewable Ocean Energy, Climate Change and Ocean Acidification Research and Education Programs; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. The Kenai Peninsula Borough supports the Alaska Coastal Communities Global Climate Change Compact and hereby adds its name as a signatory to the Compact. SECTION 2. That this resolution takes effect immediately upon its adoption. ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 15TH DAY OF SEPTEMBER, 2009. Milli Martin, Assembly President ATTEST: Johni Blankenship, Borough Clerk Yes: Long, Pierce, Smalley, Smith, Sprague, Martin No: None Absent: Fischer, Knopp, Superman Resolution 2009 -085 Kenai Peninsula Borough, Alaska Page 2 of 2 185 CITY OF HOMER HOMER, ALASKA Mayor RESOLUTION 09 -38(A) A RESOLUTION OF THE CITY COUNCIL OF HOMER, ALASKA, SUPPORTING THE ALASKA COASTAL COMMUNITIES GLOBAL CLIMATE CHANGE COMPACT. WHEREAS, People from Alaska coastal communities, including Homer, came together for the Alaska Coastal Gathering held in Homer, Alaska, February 24 -26, 2009; and WHEREAS, Participants of the Alaska Coastal Gathering received presentations from scientists and experts regarding the causes and effects of global climate change and ocean acidification, including recommendations of the Intergovernmental Panel on Climate Change regarding the need to reduce greenhouse gas emissions to prevent catastrophic impacts of climate change; and WHEREAS, Participants of the Alaska Coastal Gathering received presentations from experts regarding the potential for development of renewable energy in Alaska such as wind, solar, geothermal, hydro, and ocean energy generation; and WHEREAS, Participants of the Alaska Coastal Gathering received presentations regarding the economic opportunities associated with the transition from "business as usual" to a sustainable economy; and WHEREAS, Participants of the Alaska Coastal Gathering received a presentation from congressional staff regarding the political landscape and pending legislation in Congress that could assist Alaska communities in reducing greenhouse gas emissions, saving money, and developing sustainable economies; and WHEREAS, Presenters and participants of the Alaska Coastal Gathering discussed in detail the causes and effects of global climate change, ocean acidification, the recommendations of the Intergovernmental Panel on Climate Change, renewable energy and economic opportunity, state and federal legislation, and the uniqueness of people living in Alaska coastal communities whose way of life and economy depend on a healthy ocean; and WHEREAS, Participants of the Alaska Coastal Gathering developed statements, positions, and recommendations by consensus to form the content of the Alaska Coastal Communities Global Climate Change Compact. NOW, THEREFORE, IT BE RESOLVED that the City of Horner, Alaska, supports the Alaska Coastal Communities Global Climate Change Compact and hereby adds its name as a signatory to the Compact. 18 6i PASSED AND ADOPTED by the Homer City Council this 13 day of April, 2009. CITY OF HOMER JAMES C. HORNADAY, MAYOR ATTEST: JO JOHNSON, CMC, CITY CLERK Fiscal Note: N/A 1 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009 -121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A PURCHASE AGREEMENT FOR 30,000 FEET OF 1 /0, 15KV PRIMARY WIRE FOR A TOTAL AMOUNT NOT TO EXCEED $59,850.00 WHEREAS, the Electric Department needs 30,000 feet of 1/0, 15KV Primary wire in preparation to replace the underground three phase line running underground to Lowell Point; and WHEREAS, the current underground three -phase primary line has been in use past its expected life of thirty years and needs to be replaced; and WHEREAS, the concentric neutral is frayed and will likely cause increasing outages for the businesses, city facilities and residents of 1,owell Point; and WHEREAS, the Electric Department requested quotes from four of our regular suppliers capable of providing this wire, two quotes received and two quotes unresponsive. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is authorized to purchase 30,000 feet of 1/0, 15KV primary wire from Wesco Supply, FOB Seward, for a price not to exceed $59,850.00 from Account 501- 5300 -5440. Section 2. This resolution shall take affect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 9 day of November, 2009. Council Agenda Statement Meeting Date: November 9, 2009 � se h: u '" o Through: Phillip Oates, City Manager �� KP From: John Foutz, Manager Electric Utility Agenda Item: Wire Purchase BACKGROUND & JUSTIFICATION: Seward's Electric Utility needs to purchase 30,000 feet of 1/0, 15KV, primary wire in preparation to replace the underground primary three -phase line running underground to Lowell Point. The current underground line is beyond its' useful life. Without immediate repair this line will become increasingly expensive to maintain and currently has a fault in one of the phases. The Electric Department requested quotes beginning October 5, 2009 from four different Alaska suppliers of this cable. We received two quotes and two suppliers were non - responsive. The responses are attached. WESCO Supply provided the lowest quote. A copy of the Request for Quote and the responses are attached. INTENT: Gain approval for the purchase of wire necessary for Lowell Point Electrical cable repairs. 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: Charge the cost to purchase 30,000 feet of 1/0 15KV primary wire in the amount of$59,850.00 from the "Electric Fund ", Account 501 -5300 -5440. Approved by Finance Department: _ " ��3/� ATTORNEY REVIEW: No RECOMMENDATION: Seward City Council approve Resolution 2009 - IZl authorizing the City Manager to purchase 30,000 feet of 1/0 15KV Primary wire from WESCO Supply, FOB Seward, for a price not to exceed $59,850.00. Funding is available in account no. 501 -5300 -5440. 18 9 • Main Office (907) 224 -405D pF sty, • Police (907) 224 -3338 CITY OF SEWARD 4- • • Harbor (907) 224 -3138 • Fire (907) 224 -3445 P.O. BOX 167 , • City Clerk (907) 224 -4046 SEWARD. ALASKA 4966 0167 4 C45� P • Engineering (907) 224 -4049 TELECOPIER COVER LETTER • Utilities (907) 224 -4050 • Fax (907) 224 -4038 October05, 2009 TO: JERRY - POTLECOM SUPPLY 276- 1939d' ROB - WESTINGHOUSE ELECTRIC SUPPLY 563 -3134 GWEN HD UTILITIES 562- 6726✓`. CAROL - STUSSER ELECTRIC 563 -8525✓ JIMMI - GRAYBAR 562 -3314 COMPANY: Various LOCATION: Various FROM: Kathy Shipe, Engineering Office Assistant Electric Department COMMENTS: Request for price quotes TOTAL NUMBER OF PAGES TRANSMITTING 2 (INCLUDES COVER SHEET) IF TRANSMISSION IS INCOMPLETE, PLEASE CALL: (907) 224 -4073 /00 • Main Office (907) 224 -4050 CITY OF SEWARD �+°F 9 • Police (9D7) 224 -3338 PO. BOX 167 • Harbor (907) 224-3138 • Fire (907) 224 -3445 SEWARD, ALASKA 99664 -0167 4110, q P • City Clerk (907) 224 -4046 • Engineering (907) 224-4049 • Utilities (907) 224 -4050 • Fax (907) 224 -4038 October 05, 2009 The City of Seward would like prices on the following items. I need to know price and availability as soon as possible, with all prices FOB Seward. if you have any questions, please give me a call. My direct line is (907) 224- 4073. Thank you for your prompt response. Our fax number is (907) 224 - 4085. If you are quoting other than the part number requested, please include a spec sheet on that part. Sincerely, Kathy Shipe Seward Electric Department Quantity Item 1. 30,000' 1 /0, 15KV, Primary Cable, 220mi1, EPR Jacketed 2500' reels 2. 3. 4. 5. 6. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 191 Page 1 of 3 Kathy Shipe From: Roys, Robert [RRoys @wescodist.com] Sent: Wednesday, October 07, 2009 8:32 AM To: Kathy Shipe Subject: RE: 15kV 1/0 Primary Cable Morning Kathy — I've been able to extend this pricing for 30 days. I hope this helps! Rob Roys, Senior Account Representative rroys @wesco.com office: 907 - 865 -7410 1 cell: 907- 306 -8909 1 fax: 907 -563 -3134 WESCO Distribution 5760 Silverado Way Anchorage, AK 99518 Go. Green SfVI - 1 VWESCn,V From: Kathy Shipe [ mailto:kshipe @cityofseward.net] Sent: Tuesday, October 06, 2009 3:00 PM To: Roys, Robert Subject RE: 15kV 1/0 Primary Cable Not sure yet, yours is the first I have received. I will let you know when I get more. Thanks for the quick response. Have a great day. Katt From: Roys, Robert [mailto:RRoys @wescodist.com] Sent: Tuesday, October 06, 2009 2:45 PM To: Kathy Shipe Subject: RE: 15kV 1/0 Primary Cable Kathy — How does our pricing look? I can push back on the factory if we are the low bidder for you. Rob Roys, Senior Account Representative rroys @wesco.com office: 907 -865 -7410 1 cell: 907- 306 -8909 !fax: 907- 563 -3134 WESCO Distribution 5760 Silverado Way Anchorage, AK 99518 1.92 i rllr A VNV1r1 Page 2 of 3 Green Go v r =s 1'" - t v From: Kathy Shipe [mailto:kshipe @cityofseward.net] Sent: Tuesday, October 06, 2009 2:58 PM To: Roys, Robert Subject: RE: 15kV 1/0 Primary Cable Hi Rob, I'm afraid I need a much longer time frame than that This will be over $50,000 and I will have to go to Council for approval. That will take me almost a month. Sorry. Katt From: Roys, Robert [mailto:RRoys @wescodist.com] Sent: Tuesday, October 06, 2009 1:32 PM To: Kathy Shipe Subject: FW: 15kV 1/0 Primary Cable Oops! One thing I forgot to mention is that the pricing is only good for 7 days. Rob Roys, Senior Account Representative rroys ©wesco.com office: 907- 865 -7410 1 cell: 907- 306 -8909 1 fax: 907 -563 -3134 WESCO Distribution 5760 Silverado Way Anchorage, AK 99518 Gf Green v,„=-1 VVESC2,C1A, From: Roys, Robert Sent: Tuesday, October 06, 2009 1:31 PM To: 'Kathy Shipe' Cc: Gill, Timothy Subject: 15kV 1/0 Primary Cable Kathy — Please see below for P &A re: your request dated 10/5/09: $1.995/ft 8 -10 weeks ARO, FOB Seward 193 1 A /1 A h n!1(1 Page 3 of 3 1/C: 1/0 AWG (15W) COMPRESSED LUMINU l'.220 (NOM) EPR, 15K V, 133;1 _NSJL. TEVEL • 1 6x 4 r.WG ?L=TN COPPER NE-TPAL, L LilPE JACKET - 500 NR 51.32.24D 4- — 1.00 CUSTOMER NAME: INm ST_.= ST ND RD CUSTOMER SEC NONE SPEC DATE: INDLSTRr SEC: AEI_ C38 AND TOE= s - 4 - 64. Thanks! Rob Roys, Senior Account Representative rroys @wesco.com office: 907-865-74101 cell: 907- 306 -8909 !fax: 907- 563 -3134 WESCO Distribution 5760 Silverado Way Anchorage, AK 99518 GfGreen A. vVITH f' v 194 1 (1/1.4/)MQ Potelcom Suppl POWER • TELEPHONE • COMMUNICATION 1125 Orca Street • Anchorage, AK 99501 • (907) 2'4.8525 • Fax (907) 276 -1939 Date: October 6, 2009 CITY OF SEWARD To Job: Req #: Attn: KATHY Quote #: I Fax#: QUOTATION # Qty urn Description Potelcona# Pride Extension. _ 2 30,000 FT OKONITE 163-23-3072 1/0 AL 15KV 3 EPR 220 MIL FULL NEUTRAL JCN CABLE $2.35 $70,500.00 4 5 � 6 7' • 8 9 I . 10 11 - 12 I _ 13 14 - ..�. 15 • 16 17 - ..._ — • Tom: 1 $70,500.000 Signature _ ! 1'crm5: r + i Jerry • en a F.O.B.: DES Validated :t % .. Shipment: 3 -4 WEEKS V Must be validated by 2 Corp officer over S50,000,00 Firm t ru: Prices arm accept for escalationfde•escaladott of metals. 0 + 5% length tolerance. Copper base per/T.b. This quotation is valid for 30 days unless otherwise specifically stated. Shipments quoted lac subject to change. Potelcorn assumes no liability for shipping schedules. BidForml •' 1 of 1 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009 -122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH URS CORPORATION (URS) FOR CHANGE ORDER #7 TO THE EAST HARBOR EXPANSION CONTRACT FOR AN AMOUNT NOT -TO- EXCEED $72,041.22 AND APPROPRIATING FUNDS FOR ENGINEERING, DESIGN AND PERMITTING SERVICES FOR A NORTHEAST HARBOR UPLANDS DEVELOPMENT PLAN IN THE SEWARD SMALL BOAT HARBOR WHEREAS, URS (formerly Tryck Nyman Hayes Incorporated) has provided engineering and project management services to the City for several years with regard to the East Harbor Expansion Project; and WHEREAS, the City is moving forward with Phase 3 of the East Harbor Expansion Project and desires engineering, design and permitting services for the Northeast uplands area in the small boat harbor; and WHEREAS, URS has provided an estimate of costs for providing a Northeast Harbor Uplands Development Plan in an amount not to exceed 572,041.22; and WHEREAS, although professional services such as engineering are not required to be purchased through the competitive procurement procedures (SCC 6.10.120(8)), the City originally selected URS as a result of a competitive request for proposals process. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The city manager is hereby authorized to execute Change Order #7 to the East Harbor Expansion Contract with URS, in substantially the form presented at this meeting. Section 2. The amount of $72,041.22 is hereby appropriated from the Denali Commission grant account no 274 - 2745 -3050 to the contracted services account no 274 -2745- 5390 to pay for these additional services. Section 3. This resolution shall take affect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 9 day of November, 2009. Council Agenda Statement Meeting Date: November 9, 2009 of st Through: Phillip Oates, City Manager • From: Kari Anderson, Harbormaster q p Agenda Item: URS East Harbor Expansion BACKGROUND & JUSTIFICATION: URS Corporation (formerly Tryck Nyman Hayes, Incorporated) has provided engineering, design, bid, and construction engineering services throughout Phase 1 and Phase 2 of the City's East Harbor Expansion Project. As the City continues construction within the small boat harbor, it is necessary to maintain and continue the availability of engineering services for future development. URS is intimately familiar with the Seward Harbor Expansion Project and is particularly suited to continue this type of work. Phase 3 consists of the Security (Z) float and related improvements including fire suppression, utilities, and a gangway. This additional marine infrastructure requires a development plan for the NE Harbor Uplands area including: a parking /pedestrian plan, emergency /fire access, water, sewer, and electric lines and connection to additional development in the area. The NE Harbor will have additional development including an ADA- accessible fish cleaning station, the Seward Resort dispatch building, the shore- support building for the U.S. Coast Guard, and future utility connections for X float. Each of these projects must be included in a single development plan for the area to include adequate utility connections, parking, and emergency access. A fee proposal for engineering, design, and permitting for a Northeast Harbor Uplands Development Plan was provided by URS at a cost of $72,041.22. The services as proposed and the cost ofthose services are described in Attachment A to the Change Order No. 7 in the form of a project approach and fee proposal spreadsheet. INTENT: For the City of Seward enter into a contract with URS for an amount not to exceed $72,041.22 for engineering services for a Northeast Harbor Uplands Development Plan. This will be Change Order #7 to Contract Number 03 -003. CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures or Other Plans or Policies: Yes (List Below) Comprehensive Plan: Economic Development, Small Boat 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 eastward expansion of the Small Boat Harbor. Small Boat Harbor Management Plan: Harbor Development, New Harbor Development and Expansion: expand the existing harbor. 197 FISCAL NOTE: City Council authorizes the City Manager to enter into change order #7 to Contract 03 -003 with URS for an amount not to exceed $72,041.22 from the Denali Commission grant awarded for the Z float project account number 274 - 2745 -5390 to pay for these additional services. Other Denali Commission funds that were previously encumbered for Construction Administration will not be spent prior to the grant expiration deadline. Approved by Finance Department: .41:f 10/0 ATTORNEY REVIEW: Yes X No RECOMMENDATION: v Council approve Resolution 2009- 1 �authorizing the City Manager to enter into an agreement with URS for Change Order #7 to the East Harbor Expansion Contract for $72,041.22 and appropriating funds. Y..; SEWARD SMALL BOAT HARBOR EAST EXPANSION CONTRACT HARBOR DEPARTMENT CITY OF SEWARD, ALASKA CHANGE ORDER No. 7 This Change Order No. 7 and Notice to Proceed ( "Change Order No. 7 ") is pursuant to the Engineering Services Contract entered into October 2, 2003 between the City of Seward, Alaska ( "City ") and URS Alaska LLC ( "URS ") formerly Tryck Nyman Hayes, Incorporated. This Change Order No. 7 is effective October 27, 2009. URS is hereby directed to amend the Scope of Work defined in the Engineering Services Contract to include an upland development plan that will support the expected increase in usage of the Northeast Harbor with the installation of the Security (Z) float. This plan will include upland utilities, drainage, parking, and pedestrian walk -ways and related improvements in the Seward Small Boat Harbor, as further described on the attached Exhibit A. This contract price is hereby increased in the amount not to exceed of $72,041.22, to be paid in accordance with the original contract provisions. All other provisions of the Engineering Services Contract remain in full force and effect. Dated this 27 day of October, 2009. RECOMMENDED BY: APPROVED BY: Kari Anderson Phillip Oates Harbormaster City Manager URS Alaska LLC ATTEST: ►o1z�1a5 aura Young Jean Lewis • Alaska Operations Manager City Clerk B , 19 IMS October 2, 2009 Kari Anderson, Harbormaster City of Seward P.O. Box 167 Seward, AK 99664 RE: Seward Harbor Northeast Harbor Uplands Development Plan —Fee Proposal, Rev. 1 Dear Kari; This letter is in response to the City's ated with the uplands in the no recent request for a fee proposal to revise our current East Harbor Expansion Design Services Contract to include the design planning associrtheast harbor area, in accordance with your email on 9/9/09 and as revised per our telephone conversation today, as d escribed below: Project Understanding: URS understands that as part of the plan to provide new moorage in the northeast corner of the new east harbor expansion area, the City would like to include an upland development plan that will support the expected increase in usage of the area. The elements that the City desires to b included in the plan are listed below and identified in the following photograph 1. NE Harbor Fish - Cleaning Station (similar to J & B Docks) 2. USCG Building- relocation 3. Seward Resort Dispatch Building 4. Security (Z) Float- 870 linear feet (future expansion for floats /slips) 5. X- Float: Put power on this float for transient vessels ti r*� �� P ,' .� = �� i, ° ,.,,. -'*"4.044'- � i w u1 .6EfJ < .... r �# .. r wawT ?r "'� t ,� " � r ,� ,. ,— , ; wh v -- asw r 2 q f uj ;, > f fi �tYt t ,,,.� / s'"`� t ' d ''"t $ � n ESP � �' ( y .i P` •� V }y ';''.f.' ' " - '; x .. 3533[.t $";- p a76, ;-- t �� . f R Y^ k 4 ro *` .e r u u ,fie . 2 , t y , , ( r� s i"' ,:,:2.6;;;Y, 1�'- e x� ,, Y , A 4P ' 1:-.::.: ,1; v .wyt'rr '�• - -- 1 P'Lt ' fit- ^it� v+,. e f dt a ext _ r _ R ' 403.,!..T..-. . ;� ',. y x f a r s. h 'i r kr""' ,y, ,� 111 3 , i - " R d' � , w z a ,r =' �$. + ,, � + ` 2 i A PL` r - ' -''. ' 7,- o.= a i , a ' w: - s.:. .........„1 t p.: l G. .. 9ffi,a r.�x -. .r . f< ;a ; "b £ Page 1 of 2 h M: \03096.000\Project Management \ 2009 -10 -02 Ltr Rev 1 _ FeeProposaINE1 arborUplands.d4, 4. t) Project Approach: We plan to utilize existing survey data obtained in Fall 2007; however, the existing data is limited to the area west of the chain link fence that borders the east side of the property. If changes since 2007 have occurred or if planning south or east of that fence is desired, a new survey may be required. From this survey, we will prepare preliminary plan drawings in AutoCAD showing: 1. A site plan that includes a parking /pedestrian plan, emergency /fire access, water, sewer, and electric lines /easements, the new /future USCG.Building location, Fish Cleaning Station, Seward Resort building location, Z Float and future R, T, U, V, and W Floats and associated utilities, as well as proposed upland power utility extension to X Float, the new buildings, and the future fish cleaning station. 2. Parking and access road details including alignment, pertinent cross sections, drainage features, and paving details as well as some area lighting. 3. Plan, profile, and detail drawings of utility main extensions to the new buildings (water, sewer, and power), future fish cleaning station (water and power), and Z and X Floats (power). Note that Z Float utility design is already included in our current scope of work. 4. Preparation of permit application packages for submittal to ADEC for water and sewer system approvals to construct and operate. It is understood that the following design elements are not requested as part of URS's scope of work: 1. Seward Resort or USCG Building, foundation, or other elements of the design of the building or interior utilities. These designs are to be completed by Others. The proposed building locations will be depicted in the overall development plan and design of power, water, and sewer utilities extensions to the building will be included. 2. The future R, T, U, V, and W floats. Only the proposed future float layouts, as identified in previous URS planning documents will be shown in the overall development plan. 3. The future Fish Cleaning Station and associated trestle. The proposed trestle /table layout, as previously depicted in the concept designs prepared by URS for permit applications will be shown in the overall development plan. 4. Bid Support and Construction Administration Services for the construction portion of the identified work items. The City has indicated that the utility construction work will be performed in -house by City Utilities departments and therefore these services are not requested. The total fee for this work is $72,041 as outlined in the attached Fee Proposal. Please call me at 343 -0264 if you have any questions or would like to discuss the scope of work further. Sincerely, Kimberly Nielsen, PE Project Manager Page 2 of 2 911 M: \03096.000 \Project ManagementQ009 -10 -02 Ltr Rev Fee ProposaINEHarborU plands.doc • J PS FEE PROPOSAL Engineering Group 911 West 8th Avenue, Suite 300 Anchorage, Alaska 99501 907 - 279.0543 or 500- 770 -0543 907 - 276 -7679 Pax Project Management 56,706.59 Project Name; Seward Harbor Expansion, NE Harbor Uplands Development Plan Site Visit 13,421.02 Project Location: Seward, Alaska Concept Plan 512,269.72 Client City 05 Seward 75% Design 129,734,08 Prepared By: Kimberly Nielsen 100% Design 514,966.97 Date: 10/2/2009 Permitting 54,916.55 Project Number. 03096.000 Bid & Construclion Support Services 50.00 Total Estimated Fee: 2,0 11 SM CF 10 KN PC CB EJ TD Hourly Billing Rates: 0100.00 $157.14 I $10176 5156.40 $153.34 5119.40 50674 j 57980 555.00 Hayhl Mark -Up Communications' N0. Task Principal Dem. Head 6r. mot Sr. En3r Sr. Engr. Enar. VII EIT Droner Clerical Elect Sub 15'7. 3% 00C4 Contents Task east 001 Project Management Kickoff meeting ' 0.5 0.5 0.5 05 0.5 00,00 5297.84 Contracting, Schedule & Budget Mngmt 0.5 0.5 36 4 S9 00 06215.54 Phone, Reproduction, Postage, etc. 50.00 $19540 5195.40 Task 1 Totals (hours) 0.5 05 0 1 35 5 1 1 1 4 56,708.59 Task 1 Totals (costs) 590.0C 578 57 50.00 579.20 $5,903.74 55970 542,37 539.90 522000' 5050 50.00 5195.40 50.00 002 Site Visit )Review Avail. Documentation 4 50.00 5477.60 Resew codes setbacks 4 50.00 5477.60 Pre Design 51e V s 1 9 8 524.75 5165.00 travel costs 92,371 70 Phone, Rep oduc1,0,. Postage, etc. 50.00 594.11 $9411 -_- 0, 5 2 Totals (hours) 0 0 0 0 5 16 0 0 0 53.421.02 Task 2 Totals(costs) $000 0000 50.00 5000 51,226.75 5191040 5000 5000 5000 5000 82675 59411 516500 003 Concept Plan Meetings (telephone) 1 � 1 50.00 5595.60 Elect,cal Design Subcontractor Fee -MB- -_�� _ 4 50 00 50.00 Concept Lay. Sketches " 401 _ 3000 5108391 � Cost Estimates - � 1 - -- 50 00 5852.15 Phone, Reproduction Poste. e, etc. -- i 50.00 5357,65 535 Task ]Totals (hours) 0 5 25 31 7.75 _.. Task Totals (c0=1s) 5000 50.02 51F 1.'E 575200 53,220221 52.250.60 55,472.16 51.598 00 50.00 50.00 5 5357.95 SO 00 t • _ B $185001. I. 13134.14 00 757 Design MIMI '.tl V t0 (Sae Visit) . _- 2B <0' a i0 u0 s 1£,63114 c k' re Design Deming/bent lnpmenl 4 B 16 10.00 43.537 73 Cos( Estimates 4 2 Specifications 0 1 1 ncludes one recon s to v sit 56 54680 Electrical Cesg Subcontractor Fe• _� $ 1480 I _ _ 2�l 50 00 5167272 Phone, 0 ot 06 (hours) Postage, etc. 50.00 Sfi11361172 5611 T2 Tak (hurs) 0 0 4 Task 4 12' 22 36 MIILSIIIMIIIIIIINIIIIIIII•1111= 529734.0B Task < Totals (costs) 5000 50,00 5 31500501 53.373.57 54,53720 39935 94 53,192.00 522000 57,432.00 51,11450 5511.72 5195.00 005 100% Design Meetings 1 1 1 1 1 1 20.00 - 377744 Pa k,ng)U1ilites Des1 nl5pecs 2 10 20 20 S0.00 5460152 Electrical Design Suboontr amp. see 57,745.00 51,161.75 50,906.75 Cost Estimates ( 7 50.00 - 5306.69 Phone, Reproduction, Postage, els. 5000 5176.57 5176.57 Task 5 Totals (hours) 0 0 1 3 3 11 21 21 0 - -: 514660.97 Task 5 Totals (costs) 0000 5000 5181.79 5475.20 546003 51313.40 51.779.45 51,675.80 5000 57,745.00 51,161.75 5175.57 0000 006 Permitting ADEC Phone, e ion, Posta. e, etc. Permit 16�_- 5000 $14326 5 5143.26 0 0 1 16 Task 5 Totals (hours) 0 ' 0 32 0 D , - - 54,918.55 Task 5 Totals (costs) 50.00 50.00 0000 50.00 5153.34 31,91040 02,711.55 50,00 5000 50.00 5000 5143.26 - 50.50 006 Bid & Construction Support Services I Deleted, C' to • edorm Construction in -house 50.00 $0.00 $0.00 sk 6 Totals (flours) 0 0 0 0 0 0 0 ' OM 0 Tu Task 6 Totals (cask) $0.00 $0,00 $0,00 5000 50.00 $0.0D 50.00 50.00 60.00 60.00 50.00 50.00 5000 URS Hours Totals: 0.5 0.5 5.0 17.5 905 89.5 149.5 65,5 B 0 , - s✓ -: 426.5 URS Hours TOTAL FEE: Cost Totals: 590,00 57057 1908.82 52,772.00 513877.63 51008630 512666.03 55226.90 5440.00 57432.001 524.75' 5647.471 516500 546,745.25 1/195 Labor $72,041.22 - Note. Communications lee includes all cosh associated 1,1105 copying. reprodcution, postage, phone. email, advertising. etc. Assumptions and Limitations: 1 Scope of work as identified in cover letter dated 10/2/09, 2. Design includes preparation of bid documents for water, sewer, and power utilities extensions to the USCG Building. Seward Resort Building and Z Pleat; plus electrical service to the fish cleaning station and X Float. and a general area aecessfparkinglpedeshian plan and associated sormwaler drainage. 3. Assumes ADNR Coastal Consistency and Corps of Engineers permits are not mguired. Full ADEC wamrlsewer permioing will be reamed. Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009 -123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING AMENDMENT NO. 14 TO THE CONTRACT WITH HOFFMAN, SILVER, GILMAN & BLASCO, P.C. TO EXTEND THE TERM FOR FEDERAL LOBBYING REPRESENTATION THROUGH DECEMBER 31, 2011 FOR A TOTAL OF $6416.66 PER QUARTER IN 2010 AND $7,058.33 PER QUARTER IN 2011 WHEREAS, a contract for federal lobbying services with the firms Robertson, Monagle & Eastaugh and Zane and Associates (now Hoffman, Silver, Gilman & Blasco, P.C.) was entered into January 13, 1997; and WHEREAS, this contract has been extended each year since; and WHEREAS, the contract expires December 31, 2007; and WHEREAS, the continuation of federal lobbying services is beneficial to the city as the firms provide Seward with a voice in Washington, D.C.; and WHEREAS, the firms have been very responsive to the city's needs and concerns and have provided regular status reports. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUJNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Council hereby approves Amendment No. 14 to the contract with Hoffman, Silver, Gilman & Blasco, P.C. to extend the term for federal lobbying representation through December 31, 2011. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 9` day of November, 2009. THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor `), pal Council Agenda Statement �g e of sels Meeting Date: November 9, 2009 u' From: Assistant City Manager, Kirsten Vesel 11.41:0-9" To: City Manager, Phillip Oates Agenda Item: Federal Lobbyist Contract Amendment BACKGROUND & JUSTIFICATION: A contract for federal lobbying services with the firms Robertson, Monagle & Eastaugh And Zane, and Associates now known as Hoffman, Silver, Gilman & Blasco, P.C.entered into January 13, 1997. The contract has been extended each year since. The current contract expires December 31, 2011. The continuation of federal lobbying services is beneficial to the City as the firms provide Seward with a voice in Washington, D.C. They have done an excellent job forwarding the City's interests. The firms have been very responsive to the City's needs and concerns and have provided regular status reports. Amendment No.14 would extend the contract through December 31, 2011. 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. Other: FISCAL NOTE: The preliminary FY10 budget includes $77,000 for federal lobbying. The preliminary FYI 1 budget includes $85,000 for federal lobbying. / Approved by Finance Department: /``/0J RECOMMENDATION: 17-3 Council approve Resolution 2009 -, approving Amendment No.14 to the contract with Hoffman, Silver, Gilman & Blasco, P.C. to extend the term for federal lobbying representation through December 31, 2011. iTh AMENDMENT NO. 14 AMENDMENT NO. 14 to the agreement between the City of Seward and Robertson, Monagle & Eastaugh and Zane & Associates, dated January 13, 1997 follows: WHEREAS, the City of Seward with offices at Seward, Alaska, hereinafter called "Seward" and Robertson, Monagle & Eastaugh and Zane & Associates (now "Hoffman, Silver, Gilman & Blasco, PC "), hereinafter called "Lobbyist ", entered into an agreement for lobbying services on January 13, 1997; and WHEREAS, the continuation of the existing agreement is desirous to both Seward and Lobbyist. NOW, THEREFORE, in consideration of the mutual exchange of the promises of the parties, the parties agree to amend the agreement as follows: 1) Paragraph 1. Duties and Terms, final sentence is amended to read: "Seward hereby contracts and employs Lobbyist beginning January 1, 2009 and ending December 31, 2011." 2) Paragraph 1. Compensation, the first sentence is amended to read as follows: $6,416.66 each month from January 1, 2010 until December 31, 2010 and $7,058.33 each month from January 1, 2011 until December 31, 2011 each month for the terms of this agreement. Payment shall be made to Hoffman, Silver, Gilman & Blasco, PC upon presentation of an appropriate invoice." EXCEPT AS PROVIDED HEREIN, all other terms and conditions of the agreement dated January 13, 1997, and all previous amendments, remain in force and effect. Robertson, Monagle & Eastaugh Phillip Oates Zane & Associates City Manager Date Date Attest: 20 R Ei, IN 7' H. JR FEDER AL I :(..)I3B I SERVICES THE CITY OF SEW•RD ,.s\I_ASKA AN]) ROBERTSON, MJY EASTAUG11 STE \-TNS OC IA T S BAKER, ZANT- EDM('Ci\if-; O'MALLEY AGREEMENT, made this 13t1 day of January !9•7, Sewar Ajaska, and between thc Cr FY OF SEWARD, ALASKA hereinafter R.OBERTSON, NIONAGLE EASTA1f61-1, sTEVENS & ASSOCJ.,\.TES; BAKER, Z ED1fC.)141)S AND 0'11 hereinafter call c.q.:1 'LOBBYIST." WHEREAS, Lobbyist oflrs substantial expf.iIise and 'lde in socio-political and government matters in the United States ocArnerica, nd WHEREAS, Seward desires to make us oF ,cillhy kt.'9 szrvice s in these aicas and has offered to engage Lc.)hbvist to render consultative. advisoTy an lobbinp, services to in those fields, and WHEREAS, Lobbyist desires to accent such an upon flio Terms and conditions hereinafter set forth, NOW THEREFORE, in consideration of the recit:d promises Jinci covenants contained herein . n is agreed by and between the patties as follows. Duties and 'l'errn Seward Lev e'oy 1,o1 liq for consuitative legisiame. ;rind administratiVe lobbying activities and to u d. flan ag(m)ent or ail matters as defined by mutual areetnelli and to render such pettin there t0 i accordance vvitti such instructions as may from time to time t y Su..vard. Lobbvist shall report and he responsible to the city ntanager of Seward Lebbyist shall devote its best effort and such time as shall be nssary, corEsiSteilt V t thS agFeeThent Seward hereby i..:onnacts and ernplo:,7s Lobbyist beginnin , ' 7 .'9 7 and eiding I.)ecember 31, 1997 unless extended bv mutual consent Compensation„ Seward shall pay Lol)1,1y;st as compe5sation for it ol hereunder as follows: S4, i 66.66 each month fdi of thi3 P?:yrnent shall be rnade to Robertson, Mom Eastaugh upon i.. F an 2.ppropriate invoic,.e. It shall be the responsibility of Robertson, 1\lonagle u co pelsai A SSOCi at es , an d Bake], Zane, 'Edmonds and ()Malley f i k 414Droio.ct. 206 Robert IVIOnagle tc.lo flastaugh I'edera f ,obbyirtg Services Agreement Page 2 3. l This agreement shail rentain in gill l Uld effect for the ternii herein specified unles icyminated r annulieu by inn', agie he parties NottllISJglitabl;,Thil\lt This atititetitnelit puroli k.ubitiiii5r, heing understood flint St-Aka:it Masistas to Mile USe OS uniqUe L01,7Y131/;;.:1 haVe n light t assiE4IL r ir Pledge sq otilioet tho at:treement, no any itifere.iA thei P.O: any (. the monies du U etiortte title it by yeatt of the terms therein. 5. - Waivers, Iviodificarions. or Alterations Any tvaisittr modification of ally ()t provisions of this agreement or the tei all be in riting and signed by the parties 6 Construction. 'ill* agreement shall be gieb tha laws or the Alaska. ctstr Ntithini ddis i hrein shail CCDSU'Lled te eXte%d oiI Obt.)Yiq the , itif ri it! t-;; •-:r grant io f.,otribylst arid/ r,' agencv whether actual, Lobbvi ,si. shall i-irieltstm bughout the perorm:ince of 'this e IN wiTNEs va-TEREGi,_ parties ha sct i d s en the cia.ie and. at the place- first mentioned abos Pt()13ERTSON, t.y,',0.7inf- STE\ (..L A S S ATE S i3AK.ItiR, ZAN:. EDINI:Obilf3S ND OIJ V CFI I:it' Sflid,VA aASKA ATTESd', , 2 0 7 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009 -124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING AMENDMENT NO. 21 TO THE CONTRACT WITH KENT DAWSON COMPANY, INC. FOR STATE LOBBYING SERVICES THROUGH DECEMBER 31, 2011 FOR A TOTAL OF 519,250 PER QUARTER WHEREAS, the City of Seward has employed Kent Dawson as the City's state lobbyist since 1980; and WHEREAS, this contract has been extended each year since; and WHEREAS, the relationship between the City and Mr. Dawson continues to be mutually beneficial, with the City receiving excellent service from the lobbying firm; and WHEREAS, this amendment will extend the contract two additional years beyond its current expiration date of December 31, 2009. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Council hereby approves Amendment No. 21 to the contract with Kent Dawson Company, Inc., continuing state lobbying services through December 31, 2011. No other changes or modifications to the contract are contemplated in this amendment. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the Ci',y of Seward, Alaska, this 9 day of November 2009. THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor AYES: NOES: ABSENT: ABSTAIN: 2 0 8 Council Agenda Statement Meeting Date: November 9, 2009 4.0 st1ks From: Assistant City Manager, Kirsten Vesel �(o i P To: City Manager, Phillip Oates Agenda Item: Kent Dawson Lobbying Contract Amendment BACKGROUND & JUSTIFICATION: The current contract with Kent Dawson Company, Inc. employs Mr. Dawson as the City's state lobbyist through December 31, 2009 at a compensation rate of Seventy Seven Thousand Dollars ($77,000.00) annually. Amendment No. 21 would extend the contract for two years through December 31, 2011. 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. Other: FISCAL NOTE: The preliminary FY10 Budget includes Seventy Seven Thousand Dollars ($77,000.00) for the state lobbyist fees. The preliminary FY11 Budget includes Seventy Seven Thousand Dollars ($77,000.00) for the state lobbyist fees. Approved by Finance Department f± & /�f RECOMMENDATION: A Council approve Resolution 2009- approving Amendment No. 21 to the contract with Kent Dawson Company, Inc. for state lobbying services through December 31, 2011. 2 9 AMENDMENT NO. 21 AMENDMENT NO 20, to the agreement between City of Seward and Kent Dawson Company, Inc., dated July 1, 1989: WHEREAS, the CITY OF SEWARD (the "City ") with offices at Seward, Alaska, and Kent Dawson Company, Inc. ( "Dawson "), an Alaskan corporation with offices at 423 Seward Street, Juneau, Alaska, 99801, entered into an Agreement for consultative, advisory, and lobbying services on July 1, 1989; and this Agreement was amended and renewed annually since that time; and WHEREAS, the continuation of the existing Agreement is desirous to both the City and Dawson. NOW THEREFORE, in consideration of the mutual exchange of the promises of the parties, the parties agree to amend the Agreement as follows: The changes in the Agreement shall be to Paragraph 1. Duties and Term, final sentence amended to read: Seward hereby contracts Dawson as of January 1, 2010 through December 31, 2011. Paragraph 2. Compensation. The first sentence is amended to read: "Seward shall pay Dawson as compensation for its services hereunder as follows: $19,250.00 per quarter." EXCEPT AS PROVIDED HEREIN, all other terms and conditions of the Agreement and any amendments remain in full force and effect. IN WITNESS THEREOF, the parties have set their hands and seals below. KENT DAWSON COMPANY, INC. CITY OF SEWARD V. Kent Dawson Phillip Ores, City Manager Date Date ATTEST: Jean Lewis, CMC City Clerk n . it I AGREEMENT AGREEMENT, made this 1 ,-- day of `:�� Q,_� , II (3, v, 1989, at Seward, Alaska, by and between the CITY OF i t SEWARD with offices at Seward, Alaska, hereinafter called 1 "Seward," and KENT DAWSON COMPANY, an Alaskan company . i it with offices at 311 North Franklin Street, Juneau, 1i h Alaska, hereinafter called "Dawson." I ` !I WITNESSETH: li WHEREAS, Dawson offers substantial expertise and • knowledge in socio-political and government matters in ( !I the State of Alaska, and 1 WHEREAS, Seward desires to make use of Dawson's f services in these areas and has offered to engage Dawson Ii to render consultative, advisory and lobbying services li I i to it in those fields, and !E WHEREAS, Dawson desires to accept such an agreement Ii I h upon the terms and conditions hereinafter set forth, 11 NOW THEREFORE, in consideration of the recitals, I 1 promises and covenants contained herein, it is agreed by h H and between the parties as follows: li i it 1 Duties and Term. Seward hereby employs Dawson i{ to continue consultative, legislative and administrative o 1 lobbying activities and advise management on all matters _;` as defined by mutual agreement and to render such services pertinent thereto in accordance with such instructions as may from time to time be given by Seward. 3 I i . 11 Agreement - Kent Dawson Company Page 1 jl ;i "11 r = Dawson shall report and be responsible to the City Manager of Seward. Dawson shall devote its best effort and such time as shall be necessary, consistent with the provisions of this agreement, to perform its duties under ' this agreement. Seward hereby contracts and employs Dawson as of July 1, 1989, throu the Second Session of the Sixteenth Alaska State Leg slature and ending with ! final action by the Governor on any projects relative to this agreement. Compensation. Seward shall pay Dawson as compensa tion for its services hereunder as follows: li July, 1989 $5,834 August, 1989 5,834 September 1989 5,834 ! October, 1989 5,834 kl November, 1989 5,834 December, 1989 5,834 January, 1990 5,834 February, 1990 5,834 March, 1990 5,833 April, 1990 5,833 May, 1989 5,833 I i June, 1990 5,833 l 3. Expenses. Seward agrees to pay or to reimburse, as appropriate, and and all travel related expenses, ii other direct expenses, and all entertainment expenses, Agreement - Kent Dawson Ccm ! fy Page 2 21 2 it not to exceed a cumulative total of $3,000 actually and reasonably incurred by Dawson,. Directly related to the conduct and performance of its work hereunder during the term of the contract. 4. Termination This agreement shall remain in full force and effect for the term herein specified unless terminated or annulled by mutual agreement of the 1 parties. 5. Nonassignability. This agreement is purely and solely with Dawson, it being understood that Seward 1 desires to make us of its unique experience and abili- ties. Accordingly, Dawson shall have no right to assign, E j transfer, pledge or otherwise affect the agreement, nor any interest thereunder, nor any of the monies due or to become due it by reason fo the teims herein. 6. Waivers, Modifications, or Alterations. Any waiver or modification of any of the provisions of this agreement or the termination thereof, shall be in writing and signed by the parties. 7. Construction. This agreement shall be governed by the laws of Alaska. 8. independent Contractor. , :either this agreement, nor anything contained herein, shall be construed to 1• extend to Dawson the right to act. <s agent for Seward nor to grant to Dawson any power of agency, whether actual, E1 i; or apparent, or implied. Dawson .=hall remain throughout Agreement - Kent Dawson Conpany Page 3 �'i 2, 3 the performance of this agre2Tricnt n independent contrac tor. 1 IN WITNESS WHEREOF, th arties have set their hands and seals on the date and at th place first mentioned above. / 4 Reht Dawson, Owner ,i-haefermeyer Manager 1i ATTEST: APPROVED AS TO FORM: PFP'IINS COIE, Attorneys for City of Seward, AK L • /Cv, v Patricia J. Jones tc B. Arvidson Acting City Clerk C"-; Attorney (City Seal) 11 Agreement - Kent Dawson Company Page 4 f r ) 1 el AGENDA STATEMENT Meeting Date: November 9, 2009 t ' 0t 0 From: Johanna Dollerhide, Assistant City Clerk _ , Agenda Item: Non - objection to the Liquor License Renewal q eAlIO. for Chinook's Waterfront BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the request for a liquor license renewal for Chinook's Waterfront. The City of Seward Police Department, Fire Department, Utilities Department and the Kenai Peninsula Borough Finance Department have no objections to the liquor license renewal for this business. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license renewal, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION: Non- objection to the Beverage Dispensary Liquor License renewal for Chinook's Waterfront. MEMORANDUM + Date: November 9, 2009 \ icAsKP To: Kim Kowalski- Rogers, Finance — Leases Kari Atwood, Finance — Public Utilities Chief Tom Clemons — Police Department Chief David Squires — Fire Department From: Johanna Dollerhide, Assistant City Clerk Subj: Verifying Compliance for the renewal of liquor license for Chinook's Waterfront. The following business has applied for renewal of liquor license. Please review the following business for compliance with all utilities, lease payments, and assessments. Thank you! Name Department Status Initials Chinook's Waterfront, #4617 Beverage Dispensary Finance/Leases Finance/Utilities 6.4 Police Chief d X Fire Chief f AS "1 6 OCT - 26 -2009 MON 02:08 PM KENAI PENN BOROUGH CLERK FAX NO, 907 262 8615 P. 01/01 KENAI PENINSULA BOROUGH ' I 144 North Sinkloy Street • Soldotna, Alaska 99669 -7520 PHONE: (907) 714 -2160 • FAX: (907) 714 -2388 Toll -free within the Borough: 1-800-478-4.441, Ext 2160 EMAIL: assemblyclerk @borough.kenai.ak.us JOHNI BLANKENSHIP, CMC BOROUGH CLERK October 26, 2009 Ms. Dawn Holland - Williams Records & Licensing Supervisor Alcoho.l.i.c Beverage Control Board 5848 B. Tudor Road Anchorage, AK 99507 -1286 Re: Application for Renewal of Liquor License: #4617 Dear Ms. Williams: Please be advised that the Kenai Peninsula Borough has no objection to the approval of the following application(s) for renewal of liquor license(s) of the establishment(s) located within the City of Seward, Alaska: Beverage Dispensary Chinooks Waterfront #4617 The Kenai. Peninsula Borough Finance Department has reviewed its files and has raised no objection based on unpaid or delinquent taxes. Sincerely, ,iohni Blankenship CMC Borough Clerlc c: Applicant City of Seward KPB Finance Department File 21 Page 1 of 2 Johanna Dollerhide From: Holland - Williams, Dawn R (DPS) [ dawn .holland- williams @alaska.gov] Sent: Wednesday, October 21, 2009 10:49 AM To: cityclerk @ci.soldotna.ak.us; Johanna Dollerhide; Jean Lewis Cc: Kenai - Borough; Kenai Pen Subject: Renewal Notification Follow Up Flag: Follow up Flag Status: Red SEWARD Type: Beverage Dispensary Licit: 4617 Establishment: Chinooks Waterfront Owner: Gene Minden Location: 1404 4th Ave SOLDOTNA Type: R/E Place — Public Convenience Licit: 4183 Establishment: Acapulco Restaurant Owner: Juan Rodriguez Location: 44758 Sterling Hwy We have received application(s) for renewal of liquor license(s) listed licensees within your jurisdiction. You are being notified as required by AS 04.11.520. Additional information concerning filing a "protest" by a local governing body under AS 04.11.480 is included. A local governing body as defined under AS 04.21.080(11) may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is "arbitrary, capricious and unreasonable ". Instead, in accordance with AS 04.11.510(b), the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330- 44.62 -630. IF THE APPLICANT REQUESTS A HEARING, THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS 04.11.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS 04.11.420(b) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. 10/22/2009 1 8 Page 2 of 2 Protest under AS 04.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS 04.11.420(a) are two separate and distinct subjects. Please bear that in mind in responding to this notice. AS 04.21.010(d), if applicable, requires the municipality to provide written notice to the appropriate community council(s). If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. For additional information please refer to 13 AAC 104.145, Local Governing Body Protest. Note: Applications applied for under AS 04.11.400(g), 13 AAC 104.335(a)(3), AS 04.11.090(e), and 13 AAC 104.660(e) must be approved by the governing body. Dawn Holland - Williams Licensing Supervisor ABC Board Dept. of Public Safety State of Alaska 907 -269 -0350 - Main Line 907 -272 -9412 - Fax ,, e _\ 10/22/2009 Page 1 of 1 Jean Lewis From: Eddie Athey Sent: Thursday, November 05, 2009 9:50 AM To: Johanna Dollerhide; Jean Lewis Cc: Dave Squires; Janice Melvin; Stefan Nilsson Subject: FW: AVTEC Appeal FYI... Eddie Athey, Deputy Fire Chief Seward Fire Department (907) 224 -3445 wk (907) 224 -8633 fax eathey@cityofseward.net or edward_athey @ak- prepared.co.m From: Bill Tatom [mailto:btatom @nvisionarch.com] Sent: Thursday, November 05, 2009 9:35 AM To: Eddie Athey Cc: Mahoney, Kimberly I (DOT); Walt Bullock; Paul Baril; Smith, Rebecca L (DOT) Subject: AVTEC Appeal Dear Mr. Athey, We are in receipt of your fetter of October 29, 2009 accepting the proposed horn /strobe devises as a solution to concerns regarding life safety at the new AVTEC Alaska Culinary Academy. At this time we do not feel there is a need to pursue a resolution through the appeal process with the city of Seward. Please consider this letter as our official request to terminate the appeal process. As discussed, you will forward this request to the city clerks office. Thank you and the departments consideration in this matter and for working with us toward the common goal of fire and life safety of the school occupants and the community of Seward as a whole. �� Hi1l '1'ato €n fVIS Of A R C H I T E C T U R E 1231 Gambell Street. Suite 400 Anchorage, Alaska 99501 PH 907.349.1425 FAX 907.349.1325 www.nvisionarchitecture com btatom@nvislonarch.corn X2 1 1 isi "nno N ovember 2009 November 2009 December 2009 S M T W T F S S M T W T F S 1 2 3 4 5 6 7 1 2 3 4 5 8 9 10 11 12 13 14 6 7 8 9101112 15 16 17 18 19 20 21 13 14 15 16 17 18 19 22 23 24 25 26 27 28 20 21 22 23 24 25 26 2930 27 28 29 30 31 Monday Tuesday Wednesday Thursday Y Friday_ November 3! 4 5 12:O0pm PACAB Meeting 7:30pm P &Z Meeting 6 9 10 11' — 5:O0pm TYC -City Council 11:OOam City Council Work Veteran's Da Offices Close. 11:30am l a 1? 13 Pizza Party Y -- — m' �n'C) � Session � 7;OOpm City Council `a k & Meeting ?' 01.1:44,61 x t13 4 :p Gom111)ttee � I - - -- 1 6:30pm &2 Worir .. ,.,u,' 19- P �sS�on 12:OOpm RAC�4ByWo ` —' — - -_— __ 20 M 9:OOam Social Security SesSlor ` I Rep 6:30pm Historic Preservation Meeting 23 2 - -- _ .._. ,' __. 27 7.00pm City Council 1 25 -- - Meeting Thanksgiviny- Offices Closed Thanksgiving-Offices Closed 30 { — — Nanci Richey 1 11/5/2009 10:03 AM December 2009 December 2009 January 2 S M T W T F S S M T W T FS 1 2 3 4 5 1 2 6 7 8 9 10 11 12 3 4 5 6 7 8 9 13 14 15 16 17 18 19 10 11 12 13 14 15 16 20 21 22 23 24 25 26 17 18 19 20 21 22 23 27 28 29 30 31 24 25 26 27 28 29 30 31 Monday Tuesday Wednesday Thursday Friday December 22 31 4 7:30pm P&2 Meeting 112:OOpm PACAB Meeting 81_ - - 9 1 � -- 11 11:30am 4 B i e l 4 141 15 16 17 4 � �, a, — -- 7:OOpm City Council 1 6:30pm P&Z rk,SeSstoo 12:OOpm pA�AW� ate, 9:OOam Social Security Meeting S thr s c : .°;- Rep 6:30pm Historic Preservation Meeting - _ 23 24 25 ?i - - _ 22 23 12:OOpm Christmas Eve I Merry 'Christmas - :Offices. Clos Offices Close at Noon i 301 311 7 :OOpm City Council Meeting Nana Richey 11/5/2009 10:03 AM