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HomeMy WebLinkAboutOrd2013-009 Sponsored by: Hunt Introduction Date: May 13, 2013 Public Hearing Date: May 28, 2013 Enactment Date: May 28, 2013 CITY OF SEWARD, ALASKA ORDINANCE 2013 -009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, REVISING THE CITY CODE TO ELIMINATE QUARTERLY MOORAGE RATES AT THE SMALL BOAT HARBOR WHEREAS, the Harbor tariff was changed in 2011 to eliminate quarterly moorage rates; and WHEREAS, the intention at that time was to subsequently amend the City Code to bring it into conformance with the Harbor tariff; and WHEREAS, it is critical that the Code and Tariff agree. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. Section 7.10.315 of the Seward City Code is amended as follows (additions listed in bold italic, deletions listed in strikethrough): 7.10.315 - Transient moorage. A. Availability. Transient moorage space is available within the harbor at locations designated or assigned by the Harbormaster, which may include temporary use of reserved moorage space. A written and signed application for moorage on a form approved by the Harbormaster shall be provided to the Harbormaster within the time allowed for registration. The applicant shall promptly notify the Harbormaster of any changes in the information set forth on the moorage application. Prepayment of fees for transient moorage is required. Approval of such application by the Harbormaster confers no rights in the land or water constituting the space. B. Assignment periods. The daily assignment period is 12:01 a.m. on the first calendar day to midnight. The daily moorage fee as set forth in the harbor tariff will be levied on all vessels that are registered on the harbor's daily inventory that do not have a reserved moorage space assigned, unless longer term moorage is paid in advance. Discounts for prepayment of transient moorage fees are available as set forth in the harbor tariff for monthly, quarterly, semi- annual, and annual terms. Monthly, quarterly, semi - annual, and annual term transient moorage rates will be calculated from the closest of either: ' 1. The first day of the current month, or 2. The first day of the following month (with daily fees assessed for all days CITY OF SEWARD, ALASKA ORDINANCE 2013 -009 in the current month). No credits will be allowed for back - dating the application for moorage to the first day of the current month. Section 2. Section 7.10.615 of the Seward City Code is amended as follows (additions listed in bold italic, deletions listed in strikethrough): 7.10.615 - Fee collection. A. Invoicing. Invoices for fees shall be due upon receipt. Invoices may be delivered personally or mailed on a monthly or other basis to the last address provided to the Harbormaster. It is the harbor user's obligation to notify the Harbormaster in writing of any changes in address. B. Payment. Mooring fees shall be due and payable in advance. Payment shall be made at the harbor. C. Refunds. Refunds are not automatically available to vessels departing the harbor; only vessels that no longer require transient or reserved moorage may receive a refund. If a vessel owner desires a refund of prepaid moorage, the vessel owner must make a request, in writing, to the Harbormaster. All refunds will be calculated from the date of notice as follows: 1. Daily moorage fees. Refunds for prepaid daily moorage will be limited to the unused moorage days. notice. 2. Semi - annual moorage fees. If a request for a refund is made, a refund for prepaid semi - annual moorage will be limited to the original payment made minus the combination of the quarterly, monthly; and daily rates from the start of the semi - annual period through the date of notice. 43. Annual moorage fees. If a request for a refund is made, the refund for prepaid annual moorage will be limited to the original payment made minus the combination of the semi - annual qtly, monthly and daily rates from the start of the annual period through the date of notice.: - - ... - - .. :- rate. D. Transfer from transient moorage to reserved moorage. Transient vessels that have prepaid moorage and then, due to the waitlist process, are offered a slip will be charged for moorage in accordance with the appropriate section of the harbor tariff. required to pay moorage through December 31 and any additional footage CITY OF SEWARD, ALASKA ORDINANCE 2013 -009 Section 3. This ordinance shall take effect ten (10) days following its enactment. ENACTED BY CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 28` day of May, 2013. THE CITY OF SEWARD, ALASKA I l At—.-1 David Seawar ' , 1 ayor AYES: Valdatta, Bardarson, Keil, Shafer, Casagranda, Terry, Seaward NOES: None ABSENT: None ABSTAIN: None ATTEST: 7 Jo anna Kinney, CMC 'ty Clerk (City Seal) „ i : ”' JA y • ! Council Agenda Statement Meeting Date: May 13, 2013 sE�y j 9 � Through: Jim Hunt, City Manager V� y From: Mack Funk, Harbormaster q P Agenda Item: ELIMINATE QUARTERLY MOORAGE RATES BACKGROUND & JUSTIFICATION: In 2011 the City Council approved a change to the harbor tariff to eliminate quarterly rates. However, the City Code was never revised to correctly reflect the change. In order to implement this change, two City Code sections need to be modified: 7.10.315 and 7.10.615. oq INTENT: The purpose of Ordinance 2013- is to eliminate quarterly rates from the City Code. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (document source here): Encourage a thriving port 1. of Seward through harbor improvements, infrastructure expansion, and X implementation of management plans. (page 23) Strategic Plan (document source here): Adjust local development 2. regulations where appropriate, to encourage development that is X consistent with our economic vision. (Page 5) 3. Other (list): X FISCAL NOTE: There is no fiscal impact associated with this change. Approved by Finance Department: SZA&.) otnejv ATTORNEY REVIEW: Yes X No RECOMMENDATION: OOR Approve for introduction Ordinance 2013 - making changes to Title 7 of the City Code. ` •