HomeMy WebLinkAbout09262016 City Council PacketSeward City Council
Agenda Packet
Fall is here
September 26, 2016
Seward Library, CommunityRoomBeginning at 7:00 p.m.
1963 1965 2005 The City of Seward, Alaska
CITY COUNCIL MEETING AGENDA
{Please silence all cellular phones during the meeting}
September 26, 2016 7:00 p.m. COMMUNITY ROOM AT LIBRARY
Jean Bardarson
1.CALL TO ORDER
Mayor
2.PLEDGE OF ALLEGIANCE
Term Expires 2017
3.ROLL CALL
4.CITIZEN COMMENTS ON ANY SUBJECT EXCEPT
Marianna Keil
THOSE ITEMS SCHEDULED FOR PUBLIC HEARING
Vice Mayor\[Those who have signed in will be given the first opportunity to
Term Expires 2016speak. Time is limited to 3 minutes per speaker and 36 minutes
total time for this agenda item.\]
Ristine Casagranda
5.APPROVAL OF AGENDA AND CONSENT AGENDA
\[Approval of Consent Agenda passes all routine items indicated by
Council Member
asterisk (*). Consent Agenda items are not considered separately unless
Term Expires 2016
a council member so requests. In the event of such a request, the itemis
returned to the Regular Agenda.\]
David Squires
6.SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Council Member
Term Expires 2017
A.Proclamations and Awards
B.Chamber of Commerce Report
Dale Butts
C.Borough Assembly Report
Council Member
D.City Manager Report
Term Expires 2016
E.Other Reports and Presentations
1.Student Exchange Presentation from Obihiro, Japan by
Sue McClure
Students Meghan Mullaly and Megan Koster.
Council Member
2.Kenai Peninsula Borough Ballot Propositions
Term Expires 2017
Presentation by Borough Mayor Mike Navarre and
Larry Persily.
Deborah Altermatt
Council Member
Term Expires 2017
James Hunt
City Manager
Johanna Kinney
City Clerk
Will Earnhart
City Attorney
City of Seward, Alaska Council Agenda
September 26, 2016 Page 1
PUBLIC HEARINGS
Ordinances ForPublic HearingAnd Enactment
Ordinance 2016-007,ApprovingTheRemovalOfTheWordSmallFrom The
Phrases Seward SmallBoatHarbor Or SmallBoatHarbor Within The Seward
CityCodeTitle7 Chapter 7.10. Harbor And Port Facilities.
Resolutions RequiringPublic Hearing
Resolution 2016-058, Approving TheRemovalOf The WordSmallFromThe
PhrasesSewardSmall Boat HarborOr Small BoatHarborWithinThe2016
Harbor Tariff.
UNFINISHED BUSINESS– None
NEW BUSINESS
Ordinances For Introduction
Ordinance2016-008, Amending AndRevisingTitle10, Public Peace,MoralsAnd
Welfare, To Conform With Modern Practice And Law.
Resolutions
*
Resolution 2016-059,Officially Correcting TheMisspelling Of The RightOf Way
Currently Known AsChamberlainRoadToChamberlin Road Located On The
West Side Of The SewardLagoon.
*
Resolution2016-060, Authorizing A90-DayExtensionTo The Lease With The
U.S. Department OfArmyForLot9A,FortRaymondSubdivision Replat No.1
(U.S. Army Rec Camp).
C.Other New Business Items
AppointColbyLawrenceto the PortAnd Commerce AdvisoryBoard
*
PACAB).
(
Schedulea work session to discuss theAVTECgym/contract. (Casagranda)
Scheduleaworksessionto discuss theevaluation forms, procedures,andpolicies
fortheCityAttorney, City Manager, and City Clerk.
INFORMATIONAL ITEMSAND REPORTS(NoAction Required)
July2016 Financials for Providence Seward Medical Center.
COUNCIL COMMENTS
CITIZEN COMMENTS
COUNCILAND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS
ADJOURNMENT
City of Seward, Alaska Council Agenda
September 26, 2016 Page 2
Sponsored by: Hunt
Introduction: September 12, 2016
Public Hearing: September 26, 2016
Enactment: September 26, 2016
CITY OF SEWARD, ALASKA
ORDINANCE 2016-007
AN ORDINANCEOF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, APPROVING THE REMOVAL OF THE WORD SMALL
FROM THE PHRASES SEWARD SMALL BOAT HARBOR OR SMALL
BOAT HARBOR WITHIN THESEWARD CITY CODE TITLE 7
CHAPTER 7.10. HARBOR AND PORT FACILITIES
WHEREAS,the Seward Boat Harbor has grown over the years expanding to the East
and then to the South; and
WHEREAS, Administration along with the Harbormaster has determined that the
Harbor should no longer be called Seward Small Boat Harbor and to rephrase as Seward Boat
Harbor; and
WHEREAS, the word “small” should be removed from all the phrases with Seward
small boat harbor or small boat harbor in theSeward City Code Title 7 Chapter 7.10. Harbor and
Port Facilities; and
WHEREAS, this is just a house keeping issue and no other part of the City Codewill be
changed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, that:
Section 1. The removal of the word small from all phrases that say Seward Small Boat
Harbor within the Seward City Code Title 7 Chapter 7.10. Harbor and Port Facilities,as attached
is hereby approved.
Section 2.This ordinance shall become effective ten (10) days following its enactment.
PASSED AND APPROVEDby the City Council of the City of Seward, Alaska, this
th
26day of September, 2016.
THE CITY OF SEWARD, ALASKA
Jean Bardarson, Mayor
3
4
5
(strike out= deletions, bold italics = additions)
SEWARD CITY CODE
\[5\]
Chapter 7.10. - Harbor and Port Facilities
Footnotes:
--- (5)---
Editor's note—Ord. No. 2010-002, adopted Sept. 27, 2010, repealed and reenacted Chapter
7.10 to read as herein set out. Formerly, Chapter 7.10 pertained to the same subject matter
and derived from Ord. 95-11; Ord. No. 2005-05, and adopted Sept. 26, 2005.
Article 1. - General Provisions
7.10.110 - Short title.
This chapter shall be known and cited as the Seward Harbor Ordinance.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.115 - Purpose.
The purposes of this chapter are to:
(1)Maximize the safe and efficient use of the harbor;
(2)Provide for the orderly management, development, and control of the harbor;
(3)Protect and preserve public and private property within the harbor and the lives,
health, safety, and well-being of persons who use, work, or maintain property in the
harbor;
(4)Prevent and discourage the use of the harbor by vessels that are derelict or a nuisance,
and prevent and abate fire, health, safety, and navigation hazards; and
(5)Assess reasonable fees for the use of harbor facilities.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.120 - Interpretation.
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A.Consistentinterpretation and effect of invalidity.This chapter shall be construed, to the
greatest extent reasonable, in such a manner as to be consistent with applicable federal
and state laws and regulations and any conveyances or agreements from or with the state
pertaining to the harbor. If any section of this chapter is declared invalid, the remaining
sections shall not be affected.
B.Application in an emergency.The provisions of this chapter shall not be construed to limit a
vessel owner from taking actionnecessary to protect life, limb, or property in the case of
an emergency.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.125 - Implied agreement from use of facilities.
The use of the harbor or the presence of a vessel in the harbor constitutes an agreement
by the owner to conform to the provisions of this chapter, the harbor tariff, and any rule,
regulation, or order made pursuant thereto, and to pay all fees and chargesprovided by this
title or the harbor tariff.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.130 - Accident report.
Any person operating a vessel involved in an accident within the harbor resulting in the
death or injury of any person, or damage to property in excess of $500.00 shall, in addition to
any other notices required by law, immediately give oral notice of the accident to the
harbormaster and shall, within 24 hours after the accident, file a written report with the
harbormaster on such form as the harbormaster may provide.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.135 - Definitions.
Whenever the words, terms, phrases, and their derivations set forth in this section are
used in this title, they shall have the meaning set forth in this section.
Abandoned property."Abandoned property" means personal property which is
unattended and is either not registered with the harbormaster or not in a location the
harbormaster has designated for its storage.
Anchor."Anchor" means to secure a vessel to the bed of a body of water by dropping an
anchor or anchors or by using a buoy or other ground tackle.
Business."Business" means any profession, trade, occupation, or calling carried on for a
profit or livelihood, including every kind of commercial enterprise, and including the operation
of games, machines, or mechanical devices.
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City."City" means the City of Seward.
City Manager."City Manager" means the City Manager for the City of Seward or the
designee of the City Manager.
Derelict."Derelict" means any vessel which is or appears to be forsaken, abandoned,
deserted, or cast away, or which, in the opinion of the harbormaster, is unsound, unseaworthy,
or unfit for its trade or occupation.
Distress."Distress" means a state of disability or a presentor obvious imminent danger
which if unduly prolonged could endanger life or property.
Dock."Dock" means any pier, float, slip, wharf, finger, ramp, gangway, bulkhead, dolphin,
or sea wall within the harbor that is owned or operated by the City.
Emergency."Emergency" means a state of imminent or proximate danger to life or
property in which time is of the essence.
Family member.Spouse, child, or same-sex partner in an established relationship.
Finance Director."Finance Director" means the Finance Director for the City of Seward or
the designee of the Finance Director.
Harbor."Harbor" means all waters, tidal areas, and adjacent upland areas owned by the
City and listed and identified in the land use plan as "harbor commercial and industrial,"
together with any and all facilities of a port or maritime nature either publicly or privately
owned that are primarily used by or for the service of vessels, including the port facilities
located at SMIC, and all docks, pilings, hoists, parking areas, leased water areas, concessions
and/or service facilities located within the area defined herein.
Harbormaster."Harbormaster" means the harbormaster for the City of Seward, the Deputy
harbormaster, or any Assistant harbormaster or other person designated by the harbormaster
to act in his place.
Harbor tariff."Harbor tariff" means the City of Seward Port and Harbor tariff regulations as
approved by the city council and amended from time-to-time.
Land use plan."Land use plan" means the land use plan authorized in Title 15, Chapter
15.05 of the Seward City Code as amended from time-to-time.
Moor."Moor" means to secure a vessel other than by anchoring.
Moorage."Moorage" means the process of mooring or the state of being moored and,
when the context requires, the fees for such acts imposed by under title.
Nuisance."Nuisance" means a derelict vessel, a vessel which is not kept and regularly
pumped free of excess water inside its hull, a vessel which is submerged, grounded, disabled, or
in immediate danger of sinking, or a vessel which, in the opinion of the harbormaster, creates
or constitutes a fire, health, safety, or navigation hazard. A vessel shall be presumed to
constitute a nuisance if:
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1.The vessel isobstructing a waterway, or is endangering life or property and has been
left unattended for a continuous period of 24 hours; or
2.The vessel has been moored, anchored, or otherwise left in the harbor; and:
a.The vessel's state registration number or marine document has expired and the
registered owner no longer resides at the address listed in the vessel registration
or marine document records of the United States Coast Guard, the State of Alaska,
or the harbor;
b.The last registered owner of record disclaims ownership and the current owner's
name or address cannot be determined, or the vessel identification number or
other means of identification have been obliterated or removed in a manner that
nullifies orprecludes efforts to locate or identify the owner;
c.Vessel registration records of the United States Coast Guard, the State of Alaska,
or the harbor contain no record of the vessel ever having been registered or
documented, and the owner's name cannot be determined; or
3.The vessel does not clear the harbor at least three times per year.
"Owner" means the registered owner of a vessel or a person authorized to act on
Owner.
behalf of the owner. The following persons are presumed to have authority to act on behalf of
the owner of a vessel:
1.The master or operator of the vessel;
2.A person entrusted with the management of the vessel; and
3.An officer or agent appointed by:
a.The owner;
b.A charterer; or
c.An agreed buyer in possession of the vessel.
"Person" means any natural person, partnership, corporation, or governmental
Person.
agency. A natural person and a corporation may be considered the same if the former has
control over the latter.
Processed fish."Processed fish" means fish that has been prepared to render it suitable for
human consumption, industrial uses, or long-term storage including, but not limited to, fish
that has been cooked, canned, smoked, salted, dried, frozen, or rendered into meal or oil, but
does not include fish that has only been deheaded, gutted, or iced.
Qualifying interest."Qualifying interest" in a vessel means the interest of a person who
owns the vessel or, under the provisions of a written charter or lease, has exclusive control over
the operation and navigation of the vessel. A person who transfers title to a vessel or enters
into a charter or lease of the vessel, and thereby relinquishes his exclusive control over the use
and operation of the vessel, ceases to have a qualifying interest in the vessel.
Slip. "Slip" means a vessel's berth between two piers or floats.
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SmallBboat harbor. "SmallBboat harbor" means all navigable waters and all facilities of a
port or maritime nature either publicly or privately owned that are primarily used by or for the
service of vessels that are within the confines of the breakwaters.
SMIC."SMIC" means the Seward Marine Industrial Center.
Trailer."Trailer" means any movable cradle, structure, or device used for moving boats into
or out of the water or used for the storage of boats.
Transfer of cargo."Transfer of cargo" means all types of loading, unloading, transfer, and
containerization of any kind of cargo including, but not limited to, fish, shellfish, and other fish
products.
Vessel."Vessel" means every description of watercraft including any ship, boat, skiff, barge,
or craft of any kind and description, pleasure and commercial, other than seaplanes, used or
designed to be used as a means of transportation on or through the water.
(Ord. No. 2010-002, § 1(att.), 9-27-2010; Ord. No. 2014-001, § 1, 4-28-2014)
Article 2. - Administration
7.10.210 - Harbormaster.
A.Appointment.The City Manager shall appoint a harbormaster.
B.Duties.The harbormaster shall, under the supervision of the City Manager:
1.Administer the harbor with the powers provided by this chapter;
2.Enforce this chapter, issue and enforce regulations for the operation and use of the
harbor that are not inconsistent with this chapter, and enforce the terms and
conditions of the harbor tariff;
3.Promptly report to the appropriate enforcement entity the violation of any law
pertaining in any way to navigable waters or port/harbor facilities including, but not
limited to, laws for the protection of navigation and the preservation of navigable
waters;
4.Promptly report to the appropriate enforcement entity the violation of any law
pertaining to the disposal of hazardous or waste materials and promptly furnish
information as necessary to assure that such improper disposal ceases and any
nuisance is abated;
5.Collect harbor fees and charges and maintain and operate an accounting system to
collect harbor fees and charges that meets with the approval of the Finance Director
and that will satisfy all controls as may be deemed necessary by the City's annual
audit;
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6.Record in a proper register the name, length, draft, beam, type, and identification
number, location of each vessel moored in the harbor, as well as the name and
address of each vessel's registered owners;
7.Maintain at the harbormaster's office a map or chart of the harbor showing the
positionof each approved mooring; and
8.Enter into license, moorage, and terminal use agreements on behalf of the City.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.215 - Limitation of liability.
A.The authority granted to the harbormaster pursuant to this title shall not create any
obligation or duty requiring the harbormaster to take action to protect or preserve any
vessel or property located within, or utilizing, the harbor.
B.The City does notaccept control of vessels or other property moored or stored in the
harbor. When the City assigns moorage space to a vessel or assigns storage space to a
vessel or other property the City is not accepting possession or control of the vessel or
other property; the relationship between the parties is simply that of a landlord and
tenant. Unless the vessel or other property is formally impounded by the City, the vessel or
other property shall at all times remain in the exclusive possession and control of the
owner of said property and the City is not acting, and shall not be held liable in any
manner, as a warehouseman or a bailee.
C.The City shall not be liable for any loss or damage resulting from use of the harbor or any
harbor facility from any cause whatsoever, except and to the extent solely caused by the
city's own negligence or intentional misconduct. The City disclaims any and all other
liability, whether for negligence or other tort, in contract or otherwise, and specifically
disclaims any warranty of whatsoever kind or nature including, but not limited to, any
warranty of workmanlike service or performance. The liability of the City for damages
caused solely by its own negligence or intentional misconduct shall be limited to the
reasonable cost of repairing the vessel or other property that was moored or stored in, or
making use of, the harbor or harbor facilities. The owner of the vessel or other property
assumes all responsibility for any and all other claims or damages otherwise resulting
including, but not limited to, claims by owner or third parties for property damage,
personal injury or death, pollution or discharge of a polluting or hazardous substance
(together with cleanup, removal, and remediation of same), as well as any direct, indirect,
special, consequential, or commercial damages, claims for loss of profits or earnings, or
other claims or damages of whatever kind or nature.
D.Each person including the owner of a vessel or other property moored or stored in, or
making use of, the harbor or harbor facilities releases and agrees to defend, hold harmless,
and indemnify the City and its officers, employees, and agents from and against any and all
losses, claims, demands, actions, damages, liabilities, or expenses of every kind, character,
and nature whatsoever (including, but not limited to, personal injuries, death,
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environmental contamination, property damage, or employee liability) arising out of,
resulting from, or in any way related to use of the harbor by the owner or owner's agent,
employees, invitees, guests, or passengers, except where liability for same is caused solely
by the City's own negligence or intentional misconduct. Defense shall include payment of
actual attorney's fees and costs. The owner waives any right of subrogation against the City
which might otherwise arise upon payment of a loss by owner's insurers.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
Article 3. - Moorage
7.10.310 - Registration required.
The owner of a vessel using the harbor is required to register with the harbormaster, by
completing and providing all information requested on a registration form approved by the
harbormaster, within two hours after the vessel first enters the harbor; provided, however, that
vessels arriving after 5:00 p.m. shall have until 10:00 a.m. of the following day to register. The
owner is responsible for informing the harbormaster of any changes in the registration
information provided by the owner.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
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. to midnight on the first day
of arrival in the harbor. 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, semi-annual, and annual terms. Monthly, semi-annual, and annual term
transient moorage rates will be calculated from the date the city receives a completed
application and agreement for moorage.
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No credits will be allowed for back-dating the application for moorage to the first day of
the current month.
C.No preferential right.A user receives the privilege of occupying designated or assigned
transient moorage on an as-available basis, with consideration given to which vessel is
most suitable for a particular location. Users have no preferential right to moor in any
particular location nor the right to return to the same space if another vessel is occupying
that space.
D.Rafting.Rafting of vessels in transient moorage space shall be permitted at locations
designated by the harbormaster. Vessels moored in such locations are subject to yet
another vessel tethering aside and are subject to being crossed by persons seeking access
to other rafted vessels. Each vessel must have at least one line to the float, alternating
ends.
E.Duration.A user's right to transient moorage space, once assigned, continues until the user
removes the vessel from the transient moorage space, or until the user's death, or until the
user's voluntary or involuntary relinquishment of the right to use transient moorage space.
The right to use transient moorage may not be assigned or transferred by the user and
does not transfer with the sale or other disposition of the vessel.
F.Voluntary relinquishment.A user may voluntarily relinquish transient moorage space at
any time by notifying the harbormaster in writing.
G.Involuntary relinquishment.The right to use transient moorage space shall be involuntarily
relinquished if:
1.The user supplies misleading or false information in the moorage application;
2.The user fails to pay all fees required by this title or the harbor tariff without a prior
written agreement to pay such fees on other terms acceptable to the harbormaster;
3.The user fails to maintain a qualifying interest in the vessel;
4.The user fails, upon request of the harbormaster, to provide proof of a qualifying
interest in the vessel;
5.The user fails to maintain on the vessel the equipment required by this title;
6.The vessel becomes a derelict or a nuisance; or
7.The user fails to observe any section of this title.
(Ord. No. 2010-002, § 1(att.), 9-27-2010; Ord. No. 2013-009, § 1, 5-28-2013; Ord. No. 2014-001,
§2, 4-28-2014)
7.10.320 - Reserved moorage.
Reserved moorage space is available within the harbor at locations designated
A.Availability.
or assigned by the harbormaster.
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B.Application.Reserved moorage space shall be assigned on a first-come, first-served basis to
those who have provided to the harbormaster a written and signed application as provided
by the harbormaster. The applicant shall promptly notify the harbormaster of any changes
in the information set forth on the application.
C.Assignment of reserved moorage.Reserved moorage space shall be assigned by the
harbormaster to assure the maximum use of space available. The harbormaster will
establish minimum and maximum vessel sizes for each space or class of spaces available.
D.Wait list.If more applications are received than there are spaces available, the
harbormaster shall establish and maintain a reserved moorage wait list. A nonrefundable
annual fee shall be required by October 31 of each year to place and maintain an
application on the list. Applications will be placed on the list in the order in which they are
received. Any individual, partnership, corporation, or government agency may apply for the
use of a reserved slip. All applicants, except government agencies, shall designate a single
individual whose name shall appear on the list and who will be responsible for payment of
all fees. The applicant shall promptly notify the harbormaster of any changes in the
information set forth on the application. Wait list priority may not be transferred except,
upon applicant's death, to a family member.
E.Retention of wait list priority.If an applicant chooses not to accept a reserved moorage
space when offered, or does not respond to a notice of space availability, the applicant
forfeits the applicant's priority on the wait list and the applicant's name will be placed at
the bottom of the wait list. The applicant's name will be retained in the new position for
the remainder of time covered by the applicant's annual fee payment. Continued
placement in the new position will be subject to payment of the required annual fee. If an
applicant refuses to accept a reserved moorage space when offered on two separate
occasions, or fails to respond on two separate occasions, it shall be presumed that the
applicant has voluntarily withdrawn his application and the applicant's name will be
removed from the wait list and the applicant's annual fee payment forfeited.
F.Fifteen space limit.As long as there are applicants on the wait list, no person currently
holding 15 or more reserved moorage spaces may be assigned an additional reserved
moorage space notwithstanding the number of vessels held with a qualifying interest by
that applicant.
G.Notice of space availability.When space becomes available, the harbormaster shall notify
the first applicant on the wait list that has a qualified interest in a vessel of the size for
which space is available. Notice shall be by electronic mail for any applicant who has
elected to receive email notifications and provided an email address, or otherwise by
certified mail. In each case, notice will be sent return receipt requested. An applicant shall
have 21 days from the date the notice is sent to respond. If the notice is returned by the
post office or the applicant fails to respond, the harbormaster will notify the next eligible
applicant on the wait list and so until the space is assigned. The slip holder shall obtain a
qualifying interest in a vessel of an appropriate size for the slip within 12 months of being
offered a slip.
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H.Preference.Approval of an application for reserved moorage space and assignment of
reserved moorage space by the harbormaster confers only the privilege of occupying the
assigned moorage space on a preferential basis and does not convey any rights in the land
or water constituting the space.
I.Berth to be vacant for five days.Prior to departing the harbor, owners shall report to the
harbormaster if a reserved moorage space is to be unoccupied for more than five days. The
harbormaster shall have full discretionary authority to allow other vessels to occupy an
empty reserved moorage space any time the assigned vessel isabsent for more than five
days without compensation to the holder.
J.Duration.A holder's rights to reserved moorage space, once assigned, continues until the
holder ceases having a qualifying interest in a vessel suitable for the assigned space, until
the holder's death, or until the holder's voluntarily or involuntarily relinquishment of the
space. A holder's right does not transfer with the sale or other disposition of the vessel.
1.Loss of qualifying interest.A holder must notify the harbormaster within 15 days if the
holder ceases to have a qualifying interest in the vessel assigned to reserved moorage
space. The holder may retain the reserved moorage space if the holder obtains a
qualifying interest in another vessel of the appropriate size within 12 months and
registers the new vessel with the harbormaster as required by this title. Failure to
obtain a qualified interest in a replacement vessel of appropriate size for the assigned
slip will result in forfeiture of assignment to reserved moorage and will cause the
replacement vessel to be classed as transient.
2.Death.In the case of the death of the holder the space may be transferred only to the
holder's family member. To be an effective transfer the family member must have a
qualifying interest in the vessel assigned to the reserved moorage space and must
make a request for transfer, in writing, to the harbormaster with appropriate
documentation no later than the date the next annual moorage fee is due.
3.Voluntary relinquishment.A holder may relinquish reserved moorage at any time by
notifying the harbormaster in writing.
4.Involuntary relinquishment.A holder's right to an assigned space shall be involuntarily
relinquished and the right to use the assigned space terminated if:
a.The holder supplies misleading or false information in the moorage application;
b.The holder fails to pay all fees as provided by this title or the harbor tariff without
a prior written agreement to pay such fees on other terms acceptable to the
harbormaster;
c.The holder fails to maintain a qualifying interest in the assigned vessel or
substitute qualified vessel within the period allowed;
d.The holder fails, upon request of the harbormaster, to provide proof of a
qualifying interest in the vessel assigned to the space;
e.The holder fails to maintain on the vessel the equipment required by this title;
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f.The vessel to which the space is assigned becomes a derelict or a nuisance; or
g.The holder fails to observe any section of this title.
(Ord. No. 2010-002, § 1(att.), 9-27-2010; Ord. No. 2013-008, § 1, 5-28-2013)
7.10.325 - Moorage conditions and restrictions applicable to transient and reserved moorage.
A.Qualifying interest required.Moorage space may only be assigned to an applicant with a
qualified interest in the vessel to which space is to be assigned.
B.No unpaid charges.Moorage space may only be assigned to an applicant who has no
delinquent harbor fees or charges.
C.One space.No vessel may be assigned to more than one moorage space. The reserved slip
is personal to the individual named as owner or operator on the moorage agreement. The
slip is reserved only with respect to the vessel indicated on the moorage agreement. The
slip holder must notify the harbormaster within 24 hours of any change in vessels or will be
charged transient moorage on any other vessel in the slip. An administrative fee to cover
the cost of changing the vessel in the reserved slip may be assessed.
D.Use by assigned vessel only.A vessel assigned a moorage space may only use that space
unless prior arrangements have been made with the harbormaster. Vessels that moor or
anchor outside their regular moorage space, and vessels which have no regular
assignments which moor or anchor without making application to and securing the
permission to use such space as required by this title, do so at their own risk and shall be
held responsible for all loss or damage of any kind resulting from such use.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.330 - Refusal of moorage or harbor facilities.
The harbormaster may refuse moorage or use of any harbor facility to any vessel or
applicant which or who the harbormaster has probable cause to believe has not complied, or is
not in compliance, with this chapter or the harbor tariff or whenever such moorage or use of
the harbor facilities would not be in the best interests of the City. A determination that such
moorage or use would not be in the best interests of the City must be accompanied by findings
of fact based on substantial evidence and may be appealed pursuant to section 7.10.900. The
refusal notice shall be in writing where practical and shall include the notice of the right to
appeal.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.335 - Required equipment.
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A.All vessels moored in the harbor shall carry the equipment required by any applicable law
or regulation, and shall be numbered or designated in accordance with any applicable law
or regulation.
B.All vessels moored or anchored in the harbor shall be fitted withmoorings or anchors
satisfactory to the harbormaster, and shall be maintained at all times in such condition
that, in the opinion of the harbormaster, will not endanger any person or vessel in the
harbor or any harbor facility.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.340 - Utilities.
Editor's note— Ord. No. 2012-011, § 3, states that the city manager is directed to have the
Harbor staff refund the electrical deposits of all reserved moorage account customers that are
not more than 30 days past due.
Electric and water utility service may be provided to vessels moored in the harbor in such
locations and according to such specifications as the harbormaster may specify by regulation.
The charge for electrical service furnished within the small boat harbor shall be established by
resolution of the City Council. A meter deposit shall be collected from any transient moorage
customer who connects to the electrical power system.
(Ord. No. 2010-002, § 1(att.), 9-27-2010; Ord. No. 2012-011, § 1, 12-10-2012)
7.10.345 - Insurance.
All owners shall provide the City proof of liability insurance covering the vessel and owner's
employees, invitees, guests, or passengers. The amount of liability insurance required shall be
specified on the moorage agreement covering that vessel. If the vessel carries passengers for
hire, owners shall have the City named as an additional insured with waiver of subrogation on
any policy of liability insurance.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.350 - Authority of harbormaster to board and move vessel.
A.Emergency.The harbormaster may, in the event of emergency, board, resecure, dewater,
or move any vessel within the harbor, or take any other reasonable action to resolve the
emergency with respect to such vessels to prevent loss of life or property.
B.Noncompliance with this title.
1.Subject to paragraph 2. of this subsection, when the harbormaster has reasonable
cause to believe that a violation of this title exists, or when necessary to perform a
duty under this title, the harbormaster may, at any reasonable time and upon
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presentation of proper identification, board and enter a vessel within the harbor. If a
vessel is improperly anchored or moored the harbormaster may order the vessel's
position changed. If the harbormaster's order is not complied with, or the vessel is
unattended, the harbormaster may move the vessel and charges shall be assessed in
the same manner as for ordinary services. If a vessel is in violation of any section of
this title the harbormaster may declare the user or holder of the moorage space to
have involuntarily relinquished the space.
2.Where the Constitution of the United States or of the State of Alaska so requires, the
harbormaster shall obtain an administrative search warrant authorizing an inspection
and exhibit the warrant to the person in charge of the vessel before conducting the
inspection.
C.Vessel in transient moorage space.The harbormaster shall have authority to move a vessel
in transient moorage space to another location to better maximize the use of available
space.
D.Notice to move.Any vessel, upon notice to move, which refuses or fails to move may be
shifted by tug or otherwise by the City, and charges shall be assessed in the same manner
as for ordinary services.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.355 - Seaplanes.
A.Regular use of the harbor by seaplanes is available only on a transient basis and by prior
agreement with the harbormaster. Seaplanes shall not land or take off within the harbor,
however nothing in this chapter shall be construed to prohibit emergency use of the harbor
by seaplanes.
B.When a seaplane is provided a slip within the confine of the harbor, it shall be under the
jurisdiction of the harbormaster and shall abide by this title and all regulations applicable
to vessels.
C.The fees for providing slips for seaplanes shall be set by resolution of the City Council and
may be found in the harbor tariff.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.360 - Determination of involuntary relinquishment.
A.Right to notice.The City shallgive at least 20 days' written notice of its intent to declare the
involuntary relinquishment of mooring space.
B.Content of notice.A notice of involuntary relinquishment shall be prepared by the
harbormaster and shall contain:
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1.The name and addressof the user or holder of the moorage space last appearing in the
records of the harbormaster;
2.A statement that the City intends to declare the moorage space involuntarily
relinquished if corrective action is not taken within 20 days from the date the notice is
mailed/posted;
3.The reason for the anticipated action;
4.The owner's right to a hearing and the manner in which a hearing can be requested;
and
5.The name, address, and telephone number of a person at the City to contact in case of
questions.
C.Distribution of notice.The notice of involuntary relinquishment shall be:
1.Mailed by certified mail, return receipt requested, to the user or holder of the
moorage space at the user's or holder's last known address. The notice is effective
when mailed. If the harbormaster cannot determine the address of the holder of the
moorage space, notice shall also be published at least once in a newspaper of general
circulation in the City.
2.Posted at or near the moorage space in question, in the harbormaster's office, at City
Hall, and in a United States Post Office in the City.
The user or holder of moorage space which the City intends to declare
D.Demand for hearing.
involuntarily relinquished may obtain an administrative hearing to determine whether
there is probable cause for involuntary relinquishment by filing a written demand with the
City Clerk within 20 days from the date of the notice. Hearings will be conducted in
accordance with section 7.10.900.
E.Action after decision.In the event the Hearing Officer determines there is probable cause
to declare that the right to the moorage space has been involuntarily relinquished, the
harbormaster may eject, remove, or require the removal of the vessel from the moorage
space and assess charges for said removal in the same manner as ordinary services, and
reassign the moorage space without compensation to the prior moorage holder. Moorage
fees cease accruing on the date the vessel actually ceases to occupy a moorage space in
the harbor.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
Article 4. - Wharfage, Storage and Other Activity
7.10.410 - Wharfage.
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A.Application.No cargo may be transferred within the harbor without prior written
application to and approval by the harbormaster, on such form as the harbormaster shall
specify. Transfers of cargo that occur on a regular basis may be approved in advance.
B.Wharfage assignment.
1.All vessels are prohibited from mooring at any wharf at which they have no regular
assignment or for which they have failed first to make a mooring application with the
harbormaster. Vessels that moor outside their regular assignments, and vessels that
have no regular assignments and which moor without making application to and
securing the permission from the harbormaster, shall do so at their own risk and shall
be held responsible for all loss or damage of whatsoever nature resulting from such
use.
2.Assignment to the wharf at locations where transfer of cargo is approved shall be
made by the harbormaster upon application. Charges for preferential assignment shall
commence on the date specified in the assignment. Preferential assignments may be
revokedby (a), the harbormaster upon 30 days' prior written notice to the assignee, or
(b), the assignee upon 30 days' prior written notice to the harbormaster.
3.Subject to the rates, charges, rules, and regulations of this chapter, the harbor tariff,
and any restrictions, conditions, limitations and modifications set forth in the
assignment itself, wharf area assignments shall include only the license or right:
a.To moor vessels owned, operated, or represented by the assignee at the area
assigned;
b.To assemble, distribute, load, and unload merchandise and the cargoes of vessels
over, through, or upon the assigned wharf area; and
c.To perform such other related activities as may be necessary.
4.When the assigned wharf area, or any part thereof, is not required for the use of the
assignee or is unoccupied, the harbormaster may, at his discretion, assign such facility,
or any part thereof, for temporary use by another person.
C.Locations for cargo transfer.Transfer of cargo may occur at the following locations:
1.City dock within the small boat harbor;
2.North dock of SMIC;
3.East dock of SMIC;
4.Syncrolift dock at SMIC.
D.Prepayment.The harbormaster may require prepayment of the estimated fees due under
this title or the harbor tariff prior to any cargo transfer.
E.Duration.A vessel may moor for transfer of cargo for up to two hours without paying for
transient moorage but must notify the harbormaster at least two hours in advance of
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actually mooring. Failure to notify the harbormaster could result in assessment of a day's
transient moorage charge.
F.Refusal of cargo.The harbormaster may refuse to permit the transfer of any cargo whose
volume, weight, hazardous nature, or other characteristics would present a risk to the
safety of persons or property, private or public, within the harbor or whose value is less
than the fees due under this title.
G.Information and manifests.
1.Information.To enable the harbormaster to keep an accurate record of the number,
size, and kind of vessels using the harbor, the amount, kind, and value of waterborne
freight handlers, and the number of passengers carried, the masters and pursers of all
vessel using the harbor are required to furnish the harbormaster with such
information if so requested and to permit the harbormaster to examine their papers;
2.Manifest.A complete copy of the manifest showing all the cargo unloaded or
discharged at the harbor will be furnished to the harbormaster. Inbound manifests will
be furnished prior to or concurrent with the vessel's arrival. Outbound manifests will
be furnished prior to or concurrent with the vessel's departure. In lieu of manifests,
freight bills containing all information as required in this section may be accepted.
Required permits and licenses are described in section 7.10.800.
H.Persons responsible for fees.Vessels, their owners, and shippers or consignees of cargo
transferred within the harbor shall be jointly and severally liable for all fees due for
activities described in this chapter notwithstanding any contrary provisions contained in
any bills of lading, charter party agreements, contracts, or other agreements.
I.Cargo on which fees have become delinquent.Cargo on which fees have become
delinquent may, after ten days' written notice to the shipper, carrier, or consignee of such
cargo, be sold at public or private auction without advertising.
J.Retention of cargo.Any cargo upon which fees provided by this chapter have become
delinquent may be confined to the harbor by the harbormaster until the fees have been
paid.
K.Liability and indemnity.All risk of loss from theft, fire, or other casualty to cargo shall be
assumed by the parties to the shipping agreement and not the City. The person making
application for the berth shall defend, indemnify, and hold the City harmless from all claims
arising from the cargo transfer within the harbor.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.415 - Storage.
A.Generally.Storage space for vessels, cargo, and gear is available. The terms, conditions,
and fees for the use of storage space for vessels, cargo, and gear is governed by the harbor
tariff.
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B.Upland storage.
1.Upland storage on any harbor property owned by the City shall be limited to the
storage of vessels, vessels on trailers, or trailers.
2.Major construction work on vessels while in storage is prohibited. Disagreements as to
what constitutes major construction shall be resolved by the harbormaster.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.420 - Fish processing.
Fish or shellfish may be cleaned or processed within the harbor only in areas and with
equipment approved by the harbormaster.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.425 - Boat lifts.
The City has available boat lifts. The terms, conditions, and fees for use of the boat lifts are
governed by the terms of the harbor tariff.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
Article 5. - Prohibited Practices
7.10.510 - Speeding.
No person shall operate or cause to be operated a vessel within the small boat harbor in a
manner which causes an excessive wake, wash, or wave action which will damage, endanger, or
cause undue distress to any other vessel or occupant thereof.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
\[6\]
7.10.511 - Operating under the influence.
No person may operate a vessel within the harbor while under the influence of alcohol or
other drugs to the extent that it would be unlawful to operate a motor vehicle under State law
in such condition.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
Footnotes:
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--- (6)---
Cross reference— See § 11.50.010D as to liability for costs associated with city response to
emergency caused by a person operating a vessel under the influence of alcohol or drugs.
7.10.512 - Reckless operation.
No person shall operate a vessel in any manner which unreasonably interferes with the
free and proper use of the harbor or unreasonably endangers the users of the waters of the
harbor.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.513 - Hazard to navigation.
No person shall create or fail to remove after request from the harbormaster, a hazard to
navigation within the waters of the harbor.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.514 - Failure to register.
No person shall fail to register a vessel operated by that person with the harbormaster as
required by this title.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.515 - Improper mooring and anchoring.
A.Except as provided in subsection C. of this section, no person may moor, anchor, or beach a
vessel in the harbor except in a location designated by the harbormaster for that purpose,
after receiving prior permission from the harbormaster, and after complying with all
applicable provisions of this title.
B.Except as provided in subsection C. of this section, no person may moor, anchor, or beach a
vessel for fishing or other purpose within the harbor or any other body of water over which
the City has jurisdiction in such a position as to obstruct a passageway ordinarily used by
other vessels.
C.A person may moor, anchor, or beach a vessel in the harbor as required in an emergency,
but only for so long as required by the emergency. A person who moors, anchors, or
beaches a vessel in the harbor as permitted by this subsection shall promptly notify the
harbormaster and comply with the instructions of the harbormaster for the securing and
placement of the vessel. Improperly stored, beached, or disposed vessels may be removed
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by the City and the costs of such removal may be recovered by the City from the person
violating this section.
7.10.516 - Inadequate equipment.
No person shall operate or moor a vessel within the harbor that does not have the
equipment required by this title.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.517 - Improper use of facilities.
No person may use the harbor for purposes or in a manner not authorized by this title.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.518 - Improper disposal.
No person shall dispose of trash, garbage, timber, refuse, human or animal waste,
flammable liquid, alcohol, bilge water, dead animals, fuel, oil, fuel or oil derivatives, wastes, or
by-products, or other petroleum products, or any similar substance into the water of the harbor
or on the harbor grounds (including, but not limited to, parking areas) except in receptacles or
locations designated by the harbormaster. Improperly disposed materials may be removed by
the City, with or without notice, andthe costs of such removal may be recovered by the City
from the person violating this section.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.519 - Improper care and control of animals.
No person shall have or bring a dog or other animal within the harbor unless the dog or
animal is on a leash or confined to a vessel. The person bringing the dog or other animal to the
harbor is responsible for properly disposing of the animal's defecation.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.520 - Water sports.
No person shall engage in swimming, diving, water skiing, or other sports where the body
of the person comes into contact with the water within the harbor except after notice to and
with permission of the harbormaster. Diving for the purpose of vessel repair and inspection or
for law enforcement purposes is not prohibited by this section.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
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7.10.521 - Failure to make accident report.
No person shall fail to make an accident report as required by this title.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.522 - Dinghies, rowboats and skiffs.
No dinghies, rowboats, skiffs, or other auxiliary vessels may be stored on a dock except at a
location designed for that purpose by the harbormaster. Dinghies, rowboats and skiffs or other
auxiliary vessels measuring over 12 feet in length will be charged moorage if not stored aboard
another vessel. Vessels occupying a slip may not leave a dinghy, rowboat, skiff or other auxiliary
vessel in an unoccupied slip for more than 12 hours. Dinghies, rowboats and skiffs or other
auxiliary vessels may not be tied alongside of vessels in transient areas.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.523 - Noise.
A.No person shall make or cause to be made any unnecessary noise in the harbor.
B.No person shall, in an unreasonably loud manner, play any musical instrument or operate
any radio, stereo, T.V. or other similar equipment in the harbor between 11:00 p.m. and
7:00 a.m. The harbormaster has sole discretion in determining whether an instrument or
equipment has been played in an unreasonably loud manner.
C.Ifany group or organization wishes to hold any function that may continue after 11:00
p.m., request for approval must be made, in writing, to the harbormaster who may extend
the time.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.524 - Derelict, nuisance,unseaworthy, wrecked and sunken vessels.
A.No person may bring into or keep within the harbor a vessel that is derelict or a nuisance,
or in the opinion of the harbormaster, is so unseaworthy or in such a deteriorated
condition that it may sink, become a hazard to navigation, or damage docks, floats, or
other vessels, except as required in an emergency, but only for so long as required by the
emergency.
B.In the event a vessel is wrecked or sunk within the harbor, it shall be the owner's
responsibilityto immediately notify the harbormaster, mark the vessel's position and
provide for the raising and disposition of such vessel as soon as reasonably possible, and
the owner shall assume all liability for damage to persons or property located in the harbor
which is caused by the vessel.
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(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.525 - Unauthorized utility connections; interference with harbor property.
A.No person may tap, connect, disconnect, or interfere with any water, telephone, or electric
utility equipment maintained or operated by the City in the harbor without first having
obtained the permission of the harbormaster.
B.No person shall damage, interfere, or tamper with any dock or other facility operated by
the City in the harbor.
C.No person may damage, interfere, or tamper with any dock, buoy, life preserver, sign,
notice, navigational marking, or other similar property operated by the City or any other
governmental agency in the harbor.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.526 - Unauthorized boarding of vessels.
No person may board a vessel in the harbor without the consent of the owner provided,
however, that any person placing a vessel in transient moorage where the vessel is or may be
rafted to other vessels implicitly consents that people may cross the vessel if necessary to
access other rafted vessels.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.527 - Improper use of firefighting equipment.
No person shall use fire hoses or other firefighting equipment except for fighting fires.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.528 - Welding equipment, torches, open flame.
No person shall use welding equipment, grinders, a burning torch, or any other open flame
apparatus on any dock or on any vessel moored in the harbor without obtaining a hot work
permit issued by the harbormaster. The person using such equipment shall exercise such care
as is necessary to provide for the safety of other vessels and harbor facilities, have readily
available an approved fire extinguisher of sufficient size, have readily available as a standby a
water hose attached to an outlet where available, and maintain a fire watch.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.529 - Loading or unloading explosives.
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No person may possess, transport, load, unload, or store explosives within the small boat
harbor. Loading and unloading explosives at harbor locations outside the small boat harbor,
requires a permit from the Fire Chief and approval of the harbormaster.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.530 - Solicitation, advertising and signs.
No signs or other printed matter shall be placed on any part of the harbor without the prior
approval of the harbormaster.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.531 - Fenders on fingers.
No person may install fender material on fingers unless the fender material is approved by
the harbormaster.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
\[7\]
7.10.532 - Use of docks and fingers.
No person may store on a dock any raft, net, tackle, cargo, equipment, tools, materials,
mooring lines, hoses, electrical cables, other service lines, or other obstruction except in a
location designated for that purpose by the harbormaster. Tools and other equipment may be
temporarily placed on the dock for rigging and maintenance work so long as the tools or
equipment do not obstruct the docks or access to the dock and the space is maintained in a
neat, clean, and orderly fashion.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
Footnotes:
--- (7)---
The main and marginal float systems within the harbor are by state statute extensions of public
streets and sidewalks and are subject to state statutes and city ordinances governing their use.
7.10.533 - Children.
Children under ten years of age are prohibited on the docks except when in the immediate
presence of the child's parent or guardian or other responsible adult.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
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7.10.534 - Bicycles, motorcycles, rollerblades, skateboards.
The use of unauthorized wheeled or motorized objects such as bicycles, motorcycles,
rollerblades, skateboards, and four-wheelers on the docks within the harbor is prohibited.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.535 - Parkingof vehicles and unattended trailers generally.
The parking of vehicles and unattended trailers outside designated parking areas in the
harbor area is prohibited.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.536 - Unauthorized collection of fees and use of waterfront.
No person shall collect any toll, wharfage or dockage without being authorized to do so by
the harbormaster. No person shall place property upon or remove property from any portion of
the waterfront or docks without being authorized by the harbormaster.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.537 - Movement of vessels.
Cruising between rows of slips is prohibited; movement of vessels within the harbor and
between rows of slips shall be for the purposes of mooring, anchoring, entering or leaving a
slip, or training and education.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.538 - License.
No person shall operate a vessel unless that person is properly licensed as required by
applicable state and federal laws and regulations.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.539 - Outboard motors.
No person shall operate any motor within the harbor without having such motor equipped
with a muffler.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.540 - Searchlights, crab lights.
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No person shall use searchlights indiscriminately or in such manner as to annoy or disturb
other persons or vessels. No person shall leave on a crab light used to balance the load on a
vessel's generator while the vessel is moored in the harbor.
(Ord. No.2010-002, § 1(att.), 9-27-2010)
7.10.541 - Residential use.
No vessel within the harbor may be used for permanent living quarters while moored
unless a permit is first obtained from the harbormaster.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.542 - Failure to observe city health and conduct rules.
No person in the harbor shall violate any provision of this Code dealing with health,
sanitation, the conduct of persons, or prohibiting acts contrary to public health, morals, safety,
or public peace.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.543 - Vessels extending over the main walkway or float.
No part of any vessel, including, without limitation, any davit, boom, boomkin, or bowsprit,
may extend over the main walkway of a float.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.544 - Obstruction of walkway, float, gangway prohibited.
No person shall place or permit to remain any mooring lines, hose, electrical cable or other
service lines across any walkway. A person in charge of a walkway, float,or gangway shall
maintain the same in good condition so as to prevent injury to persons and shall keep such
walkway, float, or gangway clear of any obstruction.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.545 - Repairs and maintenance of vessels.
No person may spray paint a vessel while moored or anchored in the harbor. No person
may repair or maintain a vessel at its berth unless all the work is performed aboard the vessel.
All materials used in repairing or maintaining the vessel must be collected for disposal or kept
on board the vessel. Repair and maintenance work that cannot be done within the confines of
the vessel shall be accomplished only in an area or manner approved for that purpose by the
harbormaster.
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(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.546 - Removal of vessel without payment of charges.
No person shall remove from the harbor any vessel upon which charges of any kind are
delinquent, without paying such delinquent charge.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.547 - Cargo on the beach.
No person may load, unload, or store cargo on the beach within the harbor except in a
location designated for that purpose by the harbormaster unless a permit has first been
obtained from the harbormaster and a fee as set by the harbor tariff has been paid. Any
permitted loading, unloading, or storage of cargo shall be for a period not exceeding 72 hours.
There shall be no barge or vessel landing from the beach within the small boat harbor.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
Article 6. - Fees and Penalties
7.10.610 - Fees.
A.Harbor facilities.After public hearing, the city council shall set by resolution, the rates for
use of all harbor facilities, and such rates may be found in the harbor tariff. Notice of the
public hearing shall be published in a newspaper of general circulation and shall be posted
in at least three public places within the city at least ten days prior to the hearing.
B.Ordinary services.Ordinary services performed by harbor personnel may be rendered by
agreement with the harbormaster. The city council shall set by resolution the rates for
services provided by the harbor personnel and such rates may be found in the harbor tariff.
If no rate for a particular service has been set by the city council, the charge shall be set by
the harbormaster and shall compensate the city for reasonable labor, time, and materials
expended, plus overhead expenses. The harbormaster may require a deposit or payment in
advance of furnishing any ordinary services, and all charges shall be payable at the time
services are rendered, unless other arrangements have been made in advance with the
harbormaster.
C.Emergency services.Charges for emergency services shall be assessed in the same manner
as for nonemergency services. All charges for services shall be payable at the time services
are rendered.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
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30
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 willbe limited to the unused
moorage days.
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 monthly and daily rates from the start of the semi-annual period
through the date of notice.
3.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, monthly and daily rates from the start of the annual period through the
date of notice.
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.
E.Delinquent fees.Fees remaining unpaid after 30 days will be considered delinquent and
subject to late fees as allowed by law and as set forth in the harbor tariff. All delinquent
moorage for vessels will accrue charges based on the daily fee as set by resolution of the
city council.
F.Interest on delinquent fees and fines.Delinquent fees and fines under this chapter shall
accrue interest according to the harbor tariff, from the date they were due until paid in full.
G.Collection action.The city manager is authorized to commence suit or exercise any other
legal remedy to collect any delinquent fee or charge. In the event such suit is commenced,
the person obligated to pay the feeshall, in addition to any other liability imposed by this
chapter, be liable for the city's actual, reasonable attorney's fees and court costs associated
with the collection.
H.Lien for unpaid fees.In addition to all other remedies available by law, the city shall have a
lien for any fees and interest provided by this chapter and costs of collection, including
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attorney's fees, upon any vessel (including all equipment, tackle, and gear) and property
giving rise to such fees. The lien may be enforced by any procedure otherwise provided by
law and by the procedure set forth in this chapter.
(Ord. No. 2010-002, § 1(att.), 9-27-2010; Ord. No. 2013-009, § 2, 5-28-2013)
7.10.620 - Penalties.
Penalties for violation of this title may be set by resolution of the city council.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
Article 7. - Impoundment and Disposition of Vessels and Abandoned Property
7.10.710 - Lost and abandoned property.
Personal property found in the harbor, whether on land, adrift, or sunken, which is not in
the lawful possession or control of some person shall be immediately delivered to the
harbormaster, in whose custody the property shall remain until claimed by the proper owneror
disposed of as abandoned property.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.715 - Property which may be impounded.
The harbormaster is authorized to impound abandoned property at any time, and is
authorized to impound a vessel under any of the following circumstances:
1.The vessel is within the harbor and is derelict or a nuisance as defined in this title;
2.The fees for which the City has a lien on the vessel are delinquent for a period of three
months, or it appears to the harbormaster thatthe removal of the vessel from the
harbor without payment of the delinquent amount is imminent;
3.The vessel is located in the harbor and is in violation of any section of this title or any
regulation of the harbor or any provision of the harbor tariff; or
4.The owner is not aboard the vessel and the vessel is not properly identified by a name
and/ornumber.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.720 - Notice to owner.
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32
A.Right to notice before impoundment.Except as provided in subsection B. of this section,
the City shall give at least 20 days' written notice of its intent to impound abandoned
property or a vessel.
B.No right to notice before impoundment.The City need not give written notice before
impoundment, but shall give written notice of impoundment within 24 hours after an
impoundment where the harbormaster determines that:
1.The abandoned property's or vessel's presence in the harbor presents an immediate
danger to public health or safety; or
2.The removal of the abandoned property or vessel to be impounded from the harbor
without payment of delinquent fees or other charges isimminent.
C.Contents.An impound notice shall be prepared by the harbormaster and shall contain:
1.The name and/or official number or state registration number of the vessel, where
applicable;
2.The location of the abandoned property or vessel;
3. The name and address, if known, of the owner;
4.A statement that the City intends to impound, or has impounded, the abandoned
property or vessel;
5.The reason for the anticipated or actual impoundment;
6.The intended disposition of the abandoned property or vessel if no action is taken
within 20 days from the date of the notice;
7.The owner's right to a hearing and the manner in which to request such a hearing;
8.The name, address, and telephone number of a person at the City to contact;
9.The procedure for obtaining release of the abandoned property or vessel from
impoundment or threat of impoundment;
10.A statement that the abandoned property or vessel is subject to storage charges once
impounded; and
11.If impoundment has already occurred, a statement of the owner's right to obtain
immediate release of the impounded property or vessel by posting a bond pending a
hearing to determine whether probable cause of impoundment existed, said bond not
to exceed the total of all delinquent charges and fees owed the City, including the cost
for impoundment and storage.
D.Distribution.The impound notice shall be:
1.Mailed by certified mail, return receipt requested, to the last known owner of the
abandoned property or vessel at the owner's last known address, to any person who is
known by the harbormaster to have a qualified interest in the abandoned property or
vessel, to all known lienholders, and to any other person designated in the moorage
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33
agreement to receive notices regarding a vessel; provided, however, that notice need
not be sent to any person whose interest in a vessel is not recorded with a State
department or a Federal agency and whose name and address does not appear on the
moorage agreement for that vessel. If the harbormaster cannot determine the address
of the owner of abandoned property or a vessel, notice shall be published at least once
in a newspaper of general circulation in the City and, in the case of a vessel, shall be
mailed to the U.S. Coast Guard documentation officer of the port of documentation, if
such port can be reasonably ascertained.
2.Posted on the abandoned property or vessel, in the harbormaster's office, at City Hall,
and in a United States Post Office in the City.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.730 - Impoundment.
The harbormaster may impound the abandoned property or vessel by immobilizing it,
removing it, or having it removed, and placing it in public or commercial storage with all
expenses of haul-out and storage and an impound fee to beborne by the owner of such
abandoned property or vessel. The holder of a qualifying interest in such abandoned property
or vessel may appeal an impoundment decision pursuant to section 7.10.900. In the event the
Hearing Officer determines there is probable cause to impound the abandoned property or
vessel and a bond has been posted by the owner, the bond shall be forfeited to the City and no
further action to impound the abandoned property or the vessel shall be taken. In the event the
Hearing Officer determines there is probable cause to impound the abandoned property or
vessel and impoundment has not already occurred, the harbormaster may proceed
immediately with impoundment of the abandoned property or vessel. The Hearing Officer's
decision shall in no way affect any criminal proceedings in connection with the impoundment in
question, and any criminal charges involved in such proceedings may only be challenged in the
appropriate court.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.740 - Release from impound.
A.Upon a hearing officer's decision reversing an impoundment, the abandoned property or
vessel shall be released from impoundment without cost to the owner and any bond
posted by the owner released to the owner.
B.In the absence of a hearing officer's decision reversing an impoundment, the owner, the
representative of an owner, or any person in lawful possession of the abandoned property
or vessel may apply to the harbormaster to release the abandoned property or vessel from
impoundment at any time before its disposition under this chapter. An application for
release from impoundment shall include the following:
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34
1.Proof satisfactory to the harbormaster that the applicant is the owner of the
abandoned property or vessel, or, if the applicant is not the owner, proof satisfactory
to the harbormaster of the applicant's authority to represent the owner;
2.Either:
a.Payment of all delinquent moorage or other charges for the abandoned property
or vessel, including interest and penalties, if any, all costs of towing, appraising,
impounding, and storing the abandoned property or vessel, and all costs incurred
for any pending sale of the abandoned property or vessel; or
b.The posting of a bond or other security pending resolution of an appeal to the
superior court, said bond not to exceed the appraised value of the abandoned
property or vessel, if known;
3.Proof of arrangements satisfactory to the harbormaster for either the removal of the
abandoned property or vessel from the harbor, or the placement of the abandoned
property or vessel in a location in the harbor approved by the harbormaster.
C.The harbormaster need not release the abandoned property or vessel from impoundment
under this section when:
1.The harbormaster determines that possession of the abandoned property or vessel
would be unlawful or would present an immediate hazard to public health or safety; or
2.The harbormaster has actual knowledge that ownership or possession of the
abandoned property or vessel is in dispute.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.745 - Disposition of impounded abandoned property or vessel.
A.The city shall not dispose of impounded abandoned property or an impounded vessel until
30 days after the date of impoundment under this chapter.
B.Public auction is not required when the appraised value of the abandoned property or
vessel, as determined by an independent appraiser, is less than $500.00. The appraiser
must have at least one year of experience in the sale, purchase, or appraisal of abandoned
property or vessels. Upon that determination and after public advertisement has been
made once in a newspaper of general circulation, the harbormaster may sell the
abandoned property or vessel by negotiation, dispose of it as junk, donate the abandoned
property or vessel to a governmental agency, or destroy it.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.750 - Public auction.
A.Notice of sale.Prior to the sale of any impounded property or vessel, the harbormaster
shall prepare a written notice of sale of the property or vessel. The notice shall contain:
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35
1.The name and/or official number or state registration number of the abandoned
property or vessel, the location of the abandoned property or vessel, and a detailed
description of the abandoned property or vessel;
2.The date, time, and place of the sale;
3.The fees, interest, and costs that are due against the abandoned property or vessel
and any bidding terms;
4.A statement indicating to whom payment must be made in order for the owner to
redeem the abandoned property or vessel prior to sale; and
5.A statement indicating that the city may purchase the abandoned property or vessel at
thesale for an offset bid in the amount of fees and charges due the City for the
abandoned property or vessel.
B.Distribution.At least 20 days before the sale, the notice of sale shall be:
1.Mailed by certified mail, return receipt requested, to the last known owner of the
abandoned property or vessel at the owner's last known address;
2.Posted on the abandoned property or vessel, in the harbormaster's office, at City Hall,
and in a United States Post Office in the City; and
3.Published at least oncein a newspaper of general circulation in the City for a total of
seven consecutive days.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.755 - Sale.
A.Public auction.Any time after the distribution of the notice of sale, the abandoned
property or vessel may be disposed of by public auction, through oral tenders, or by sealed
bids.
B.Bids.The minimum acceptable bid shall be a sum equal to the fees against the abandoned
property or vessel, including interest and costs to be paid in cash at the time of sale or
within five days thereafter. The proceeds of such sale shall be first applied to the cost of
sale, including advertising, then to interest owed the City, then tofees accrued and owed
to the City, and the balance, if any, shall be held in trust by the City for the owner of the
abandoned property or vessel to claim. If such balance is not claimed within two years, the
balance shall be forfeited to the city and paidinto the harbor enterprise fund.
C.No acceptable bids.If at the public sale there are no acceptable bids for the abandoned
property or vessel, the City may destroy, sell at a private sale, or otherwise dispose of the
abandoned property or vessel. The disposition to be made without liability to the owner,
any person in possession of the abandoned property or vessel, or any lienholder of the
abandoned property or vessel.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
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36
7.10.760 - Effect of sale.
Upon sale being made, the City shall make and deliver its bill of sale, without warranty,
conveying all of the City's interest in the abandoned property or vessel to the buyer.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
Article 8. - Licenses and Permits
7.10.810 - Licenses and permits prerequisite to conduct of business.
No business activity shall be conducted within the harbor or SMIC unless the licensee,
permittee, concessionaire, assignee, lessee or sublessee shall have first obtained the necessary
harbor permits or agreements and a business license, if needed, from the City; provided,
however, that commercial fishing vessels do not require a business license to carry on the
normal activities relating to their operation.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.812 - Business license required.
Subject to section 8.30.020, a business license is required if engaging in a business within
the City. Applications for a business license are handled through the City Clerk's office and are
governed by chapter 8.30, Business license.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.815 - Terminal use permits or license agreements—Required.
A.In this section, terminal use permits may be referred to as "permits" and license
agreements may be referred to as "agreements."
B.A signed terminal use permit or license agreement along with proof of insurance and cargo
manifests are required from the harbormaster's Office for any operation that engages in
commerce that uses City docks, approaches or facilities for loading or unloading of cargo,
petroleum providers, usage of dock approaches, or landing areas across City of Seward
property. Terminal use permits are required for activities in which wharfage rates apply or
when merchandise is passed over the city docks per Section 285 of the Port and Harbor
Tariff Regulations.
C.It shall be unlawful for any person to conduct or carry on any business upon any portion of
\[8\]
the city beach or docks, landing stage, or approach thereto in use in connection with the
City docks, or to use, occupy or hold possession of any part of the City docks, landing stage
or approach thereto, for any business purpose whatever, except for taking on or landing
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37
passengers, unless such person has a valid terminal use permit or license agreement signed
by the harbormaster.
D.It shall be unlawful for any person to solicit, ask for or request patronage or trade, or
display ware or advertise in any way, on the City beaches, docks, landing stage or approach
thereto in use in connection therewith, for any business, or to sell tickets of any kind
therewith, or to sell any article of merchandise upon any portion of City beaches, docks,
float, landing stage or approach thereto, unless such person has a valid terminal use permit
or licenseagreement signed by the harbormaster.
E.A moorage contract is a separate requirement and does not require a terminal use permit.
Seafood processing businesses shall obtain a permit or agreement for utilizing City
beaches, docks and floats. Terminal use permits are not required for vessels loading gear
such as: strongbacks, lines, hatch covers, walking boards, nets, groceries or vessel safety
equipment, or for vessels refueling for standard operations.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
Footnotes:
--- (8)---
See § 7.10.135 for definition of "dock".
7.10.820 - Agreements or permits—Employees and agents of principals.
Where an agreement or permit is desired for a person to carry on business as an employee
or agent for any person, the application for such permit or agreement shall be approved by the
principal of such person, and such permit may be revoked at any time without notice to the
holder thereof upon the request of such principal to do so.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.825 - Agreements or permits—Application.
The application for an agreement or permit shall be in writing and shall set forth the
following information:
1.The name and address of the applicant and, if the applicant shall be a firm, the names
and addresses of the members of such firm, and, if the applicant shall be a
corporation, the names and addresses of the officers of the corporation;
2.The names of the vessels, the description of the business to be carried on by means of
such vessels, a reference to the business licenses, if any, held by such applicant, and
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38
any other particulars which such applicant may wish to set forth as a reason for
granting such permit;
3.A description of the space on the City facilities of the floats or landing stages the
applicant desires to use in carrying on such business; and
4.A statement to be signed by the applicant that if such permit shall be granted, he will
conduct his business thereunder in accordance with the laws of the City in relation
thereto, the terms of such permit and all rules and regulations in relation to the City
facilities, and that the permit may be revoked at any time by the City for the violation
of the terms of such permit, and that the decision of the harbormaster as to the
revocation of any such permit shall be final and conclusive, unless timely appealed in
writing pursuant to section 7.10.900.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.830 - Agreements or permits—Duration.
The harbormaster shall have the power and authority to grant a permit or agreement to
any person to use or occupy certain portions of the City facilities, and any float, landing stage or
approach thereto, for a term not exceeding one year, and subject to revocation at any time by
the harbormaster for violation of any of the terms of such permit, or of the laws ofthe City, or
of the rules and regulations adopted by the City Council for the use of the City facilities. The
harbormaster may deny a request for an agreement or permit based on past business practices
of an applicant, level of existing use at City docks,or upon other facts supporting a finding that
an agreement or permit is not in the best interest of the city.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.835 - Agreements or permits—Terms and conditions.
All business agreements or permits shall be onforms provided by the City, and shall include
such terms and conditions, in addition to those set forth in this chapter, as the harbormaster
may determine from time-to-time to be necessary or advisable to preserve the public peace
and quiet on the City facilities or to protect the public welfare, and all such terms and
conditions included in any such permit shall be binding on the holder of such permit to the
same extent as though expressly set forth in this chapter.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.840 - Agreements or permits—Suspension and revocation and appeals.
The harbormaster may, at any time, as a penalty for the violation of the
A.Suspension.
provisions of any permit or agreement, suspend an agreement or permit for a period to be
fixed in such order of suspension.
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39
B.Revocation.All permits or agreements issued shall be granted and accepted by all persons
receiving such permits or agreements with the express understanding that the
harbormaster may revoke the same at any time if satisfied that any of the conditions of the
permit or agreement or provisions of this chapter have been violated, or that such permit
or agreement was obtained by fraudulent representation, or that the holder of any such
permit or agreement is an unfit person to be entrusted with the privileges granted by such
permit or agreement; provided, that no permit or agreement shall be revoked without first
giving the holder an opportunity to appear before the City Manager on the holder's own
behalf, except as to an employee or agent of some other person holding a permit or
agreement who requests such revocation.
C.Appeals.In the event of a dispute between the parties under this permit, the harbormaster
shall issue a written decision and serve a copy thereof upon the permittee. The permittee
may request an administrative hearing following the procedures outlined in section
7.10.900.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.845. - Right of City to inspect leased premises.
The City reserves the right to inspect any of the rented or leased premises at any time.
Failure to inspect shall not be deemed to create any responsibility upon the City.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
7.10.850 - Applicants to release City from liability.
The City assumes, and shall be under, no liability for anything done or omitted to be done
under or in relation to any of the provisions of this chapter, and applicants for permits shall
release the City accordingly. All applicants shall provide the City with proof of current liability
insurance during the term of the agreement or permit. (See also sections 7.10.215 and
7.10.345.)
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
Article 9. - Appeal
7.10.900. - Appeal.
A.Demand for hearing.Any person holding a qualifying interest in a vessel who is denied
moorage or use of harbor facilities or whose vessel is subject to impoundment by the
harbormaster has the right to appeal the harbormaster's determination to the City
Manager. Any such person desiring a hearing shall file a written demand with the City Clerk
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40
within seven days after notification of the harbormaster's decision. The request for appeal
must include a detailed explanation describing the reasons and basis for appeal. Failure of
the appellant to request or attend a scheduled hearing shall be deemed a waiver of the
right to such a hearing and the harbormaster's decision shall be final. The decision of the
harbormaster will remain in effect during the appeal period.
B.Hearing procedure.The hearing shall be conducted within seven days of receipt of a timely
written demand from the appellant, unless such person waives the right to a speedy
hearing. The City Manager shall determine whether the facts are such as would lead a
reasonableperson exercising ordinary prudence to believe there are credible, specific and
sufficient grounds supporting the harbormaster's decision. The City Manager shall conduct
the hearing in an informal manner and shall not be bound by technical rules of evidence.
The appellant has the burden of establishing by a preponderance of the evidence that the
findings of fact are incorrect or that the harbormaster's decision is arbitrary and capricious.
C.Decision.Within five days after the conclusion of the hearing,the City Manager shall issue
a written decision. A copy of the decision shall be provided to the appellant. The decision
of the City Manager is final.
(Ord. No. 2010-002, § 1(att.), 9-27-2010)
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Sponsored by: Hunt
CITY OF SEWARD, ALASKA
RESOLUTION 2016-058
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, APPROVING THE REMOVAL OF THE WORD SMALL
FROM THE PHRASES SEWARD SMALL BOAT HARBOR OR SMALL
BOAT HARBOR WITHIN THE 2016 HARBOR TARIFF
WHEREAS, on March 29, 2016 theCity Council of the City of Seward approved the
latest changes to the Harbor Tariff; and
WHEREAS,the Seward Boat Harbor has grown over the years expanding to the East
and then to the South; and
WHEREAS, Administration,along with the Harbormaster,has determined that the
Harbor should no longer be called Seward Small Boat Harbor and to rephrased it as Seward Boat
Harbor; and
WHEREAS, the word “small” should be removed from all the phrases with Seward
small boat harbor or small boat harbor in the 2016 harbor tariff to show Seward Boat Harbor;
and
WHEREAS, this is just a house keeping issue and no other part of the tariffwill be
changed
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, that:
Section 1. The removal of the word small from all phrases that say Seward Small Boat
Harbor within the 2016Harbor Tariffas attached is hereby approved.
Section 2. This resolution shall become effective ten (10) days following its approval.
PASSED AND APPROVEDby the City Council of the City of Seward, Alaska, this
th
26day of September, 2016.
THE CITY OF SEWARD, ALASKA
Jean Bardarson, Mayor
42
43
44
2016
PORT & HARBOR TARIFF
REGULATIONS
RULES, RATES, CHARGES ®ULATIONS
FOR PORT AND HARBOR FACILITIES
ATCITY OF SEWARD, ALASKA
SEWARD BOAT HARBOR,
SEWARD MARINE INDUSTRIALCENTER &
SHIP LIFT SYSTEM
CITY OF SEWARD
PO BOX 167
SEWARD, AK 99664
Port and Harbor Tariff RegulationsCity of Seward, Alaska
Effective May 5, 2016
45
TABLE OF CONTENTS
PREFACE
Tariff Revisions
Forms
Explanation of Abbreviations and Characters That May Appear in Tariff
NOTICE TO PUBLIC
SECTION I -GENERAL RULES AND REGULATIONS
100DEFINITIONS-GENERAL-----------------------------------------1
105APPLICATION OF TARIFF-----------------------------------------2
(a)General Application of Tariff
(b)Tariff Effective
(c)Acceptance of Tariff
(d)Reservation of Agreement Rights
(e)Compliance with Conditions of Docking and Facility Use
110APPLICATION OF RATES-----------------------------------------2
115INSURANCE----------------------------------------------------3
120RESPONSIBILITY FOR COLLECTION AND GUARANTEE OF CHARGE-----3
(a)Responsibility for Charges
(b)Prepayment, Time of Prepayment, Acceptable Security, Refund of Excess
(c)Waiver of Prepayment Requirement
(d)Charges on Delinquent Accounts
125LIABILITY FOR LOSS OR DAMAGE AND INDEMNITY------------------4
(a)Responsibility Limited
(b)Indemnity
(c)Owner's Risk
130RIGHTS OF THE CITY OF SEWARD---------------------------------5
(a)Access to Harbor or Port Facilities
(b)Right to Refuse Cargo
(c)Right to Schedule Vessels and Cargo
(d)Right to Remove, Transfer or Warehouse Cargo
(e)Right to Withhold Deliver of Freight
(f)Right to Sell for Unpaid Charges
(g)Explosives
(h)Right to Remove, Transfer or Rearrange Vessels
(i)Right to Remove Materials or Equipment from City Dock or Terminal Facilities
135REQUESTS AND COMPLAINTS------------------------------------7
140DELAYS -NO WAIVER OF CHARGES-------------------------------7
Port and Harbor Tariff RegulationsCity of Seward, Alaska
Effective January 1, 2016
46
145MANIFESTS REQUIRED OF VESSELS-------------------------------7
150SAFETY, SANITATION AND HOUSEKEEPING------------------------7
(a)Safety and Sanitation
(b)Notice of Hazardous Cargo and Permit Requirements
(c)Responsibility for Housekeeping
(d)Smoking Prohibited
(e)Used Oil and Petroleum Products
155RESPONSIBILITY FOR PROPERTY DAMAGE-------------------------8
160BULK PETROLEUM PRODUCTS-----------------------------------8
(a)Application of Tariff
(b)Clearing and Heating Petroleum Lines
(c)Regulations Governing Petroleum Products
(d)Housekeeping
SECTION II -SERVICES AND CHARGES
200MOORAGE-----------------------------------------------------9
Outside the SmallBoat Harbor
Within the SmallBoat Harbor
(a)Assignment of Berths
(b)Waiting List for ReservedSlip Assignment
(c)ReservedSlip Assignments
(d)Grace Period for Late Renewals
(e)New ReservedSlip Assignment
(f)Reservedand Temporary (Transient) Slip Assignments
(g)Notice Upon Arrival
(h)Vessel Registration
205MOORAGE RATES-----------------------------------------------11
(a)Calculation of Moorage Rates
(b)Automatic Annual Adjustment in Moorage Rates
(c)Transient (Guest) Daily Rates
(d)Moorage Rates for Slip Assignments
(e)Float Plane Fees
210DOCKAGE-----------------------------------------------------12
(a)Dockage Period
(b)Basis for Computing Charges
(c)Vessels Docked to Repair, Shore, Outfit or Fumigate
(d)Preference to Reserved Dock Use
(e)Berth May be Granted Before Payment
(f)Charges on Vessel Shifting
(g)Charges to Assisting Vessels
(h)Notice of Hazardous Cargo and Permit Requirement
(i)Dockside Lay Time
215DOCKAGE RATES-----------------------------------------------14
Port and Harbor Tariff RegulationsCity of Seward, Alaska
Effective May 5, 2016
47
(a)Daily Dockage Rate
(b)Monthly Dockage Rate
(c)Automatic Annual Adjustment in Dockage Rates
220HANDLING, LOADING AND UNLOADING---------------------------15
225LABOR AND SERVICE CHARGES----------------------------------15
(a)Specific Services
(b)Labor/Personnel
(c)Equipment
(d)Special Services
(e)Miscellaneous Charges
230PASSENGER FEES-----------------------------------------------18
(a)Fee
(b)Filing of Forms and Payment
(c)Failure to File
231CAPITAL RENEWAL AND REPLACEMENTFEE-----------------------18
235ASSISTANCE TO BOATERS AND OTHER AGENCIESFEES---------------18
240BOAT LAUNCH RAMP FEES---------------------------------------19
(a)Operating Policy
(b)Launch Fees
245PUBLIC SHOWERS-----------------------------------------------19
25050-TON TRAVELIFT---------------------------------------------19
(a)Operating Policy
(b)Boat Lift Agreement
(c)Responsibilities
(d)Dockside Lay Time
25550-TON TRAVELIFT FEES-----------------------------------------20
(a)Description of Charge
(b)Lift Fee
260330-TON TRAVELIFT---------------------------------------------20
(a)Operating Policy
(b)Boat Lift Agreement
(c)Responsibilities
(d)Dockside Lay Time
265330-TON TRAVELIFT FEES---------------------------------------21
(a)Description of Charge
(b)Lift Fee
270SHIPLIFT FEE--------------------------------------------------22
(a)Description of Charge
(b)Lift Fee
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(c)Basis for Computing Charges
(d)Preference to Reserved Use
(e)Berth May be Granted Before Payment
(f)Inspection of Vessels on the Shiplift Platform
(g)Repairs to Vessels on the Shiplift System
(h)Notice of Hazardous Cargo and Permit Requirement
(i)Dockside Lay Time
(j)Lift Fee Rates
275DAILY SHIPLIFT LAY CHARGE------------------------------------24
(a)Description of Charge
(b)Lay Fee
(c)Basis for Computing Charges
(d)Rate
280UPLAND STORAGE---------------------------------------------24
(a)Area of Land Available
(b)Calculation of Rates
(c)LayTime Rates
(d)Empty Cradles/Trailers
285WHARFAGE----------------------------------------------------25
(a)Application of Charge
(b)Overside
(c)Overstowed Cargo
290WHARFAGE RATES---------------------------------------------25
(a)Schedule of Standard Rates
(b)Discount Rates Based on Guaranteed Payments
295WHARF DEMURRAGE-------------------------------------------26
(a)Description of Charge
(b)Calculation of Free Time
(c)Free Time
(d)Rates
(e)Lay-Down Areas
LEGISLATIVE HISTORY
City Docks and Terminal Facilities--------------------------------------------28
Seward Marine Industrial Center (SMIC) Shiplift System-----------------------------31
Appendix A
TRANSIENT RATES
Appendix B
RESERVEDRATES
Port and Harbor Tariff RegulationsCity of Seward, Alaska
Effective May 5, 2016
49
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 availableat Vigor Alaska – Seward, LLC 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 TransientMoorage; 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 inTariff
b.m.board measurelgth.length
bbl.barrelm.b.m.1,000 ft. board measure
bdl.bundlemeas.measure
crt.cratemin.minimum
cs.casemisc.miscellaneous
ctn.cartonm.t.metric ton
cu.ft.cubic foot or feetno.number
ea.eachN.O.S.not otherwise specified herein
f.f.folded flatpkg.package
F.M.C.Federal Maritime Commissionsq. ft.square foot or feet
gals.gallonsstg.storage
hdlg.handlingU.S.United States of America
inc.including, inclusive or incorporatedw.t.weight ton of 2,000 lbs.
l.c.l.less than carloadw/mweight ton of 2,000 lbs. or cubic ton of 40
cubic feet
ldg.loadingyd.yard
Port and Harbor Tariff RegulationsCity of Seward, Alaska
Effective May 5, 2016
50
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, consigneesand 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.
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51
SECTION I - GENERAL RULES AND REGULATIONS
100DEFINITIONS - GENERAL
(a)GeneralTerms. Unlessprovided 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 SmallBoat 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 SmallBoat 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 SmallBoat 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, wheneverreference is made to a "vessel", the term shall mean any ship or barge, self-
propelled or other than self-propelled.
(l)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 smallboat harbor or other terminal facilities.
(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.
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(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.
105APPLICATION 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 SmallBoat Harbor, the harbor bounded by the rubble
breakwater at the northwestern head of Resurrection Bay (SmallBoat Harbor); the Seward Marine
Industrial Center (SMIC), including yards, basin, docks, dolphins, 330-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 theretofor which contract rates have not been arranged.
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
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.
110APPLICATION 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."
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53
115INSURANCE
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.
120RESPONSIBILITY 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 ofcharges 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 cashinadvanceof 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.
(4)For all charges on perishable goods or freight of doubtful value or household goods.A cash
deposit or acceptable security in an amount equalto 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 ofactual 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. TheHarbormaster, 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.
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54
(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 becharged 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.
125LIABILITY 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 anynecessary 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 ofpersons 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.
The City of Seward, its employees and agents are not responsible for loss or damage caused by fire, frost,
heat, dampness, leakage, weather damage, evaporation,natural shrinkage, wastage or decay; animals,
rats, mice or other rodents; moths, weevils or other insects; leakage or discharge from fire protection
systems; collapse of buildings or structures; breakdown of plant protection systems; breakdown of plant
or machinery or equipment; or by floats, logs, piling or camel logs required in breasting vessels away
from a wharf; nor will they be answerable for any loss or damage or delay arising from insurrection,
shortage of labor, combinations, riots or strikes ofany 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 Cityof 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'sown negligence:
(1)Glass, liquids and fragile articles will be accepted only at owner's risk for breakage, leakage or
chafing.
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(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.
130RIGHTS 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 Citywithout 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, isless 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 docksor
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
Port and Harbor Tariff RegulationsCity of Seward, Alaska
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56
for efficient operation of the city docks or terminal facilities and promote the objectives of the Seward
City Code.
(d)Right to Remove, Transfer or Warehouse Cargo.
(1)Hazardous or Offensive Cargo. In his discretion, the Harbormaster shall at all times have the right
to immediately remove all hazardous or offensive cargo, or cargo, which byits 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 untilall 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 shallbe the responsibility of the owner of the
freight.
(f)Right to Sell for Unpaid Charges. Freight on which unpaid terminal charges have accrued may be sold to
satisfy such charges and costs, provided such sale has been publicly advertised.Freight of a perishable
nature or of a nature liable to damage other freight may be sold at public or private sale without
advertising, provided the owner has been given proper notice to pay charges and to remove said freight
and has neglected or failed to do so within a prescribed reasonable time.
(g)Explosives. The City of Seward shall not allow the acceptance, handling or storage of explosives within
the confines of the Port of Seward without prior arrangement with the Harbormaster and as governed by
rules and regulations of federal, state and local authorities.
(h)Right to Remove, Transfer or Rearrange Vessels.
(1)Hazardous Vessels or Vessels with Hazardous Cargo. In his discretion, the Harbormaster shall at
all times have the right to immediately remove any hazardous or offensive vessel, or any vessel
containing hazardous cargo, or any vessel containing cargo which by its nature is liable to damage
other vessels or other cargo or harbor or port facilities.The vessel may be removed from its
present location toany 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 timemay 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
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 removaland risk of loss or damage shall be the
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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.
135REQUESTS 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.
140DELAYS - 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 personsin 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.
145MANIFESTS 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.
150SAFETY, SANITATION AND HOUSEKEEPING
(a)Safety and Sanitation. All users of city docks and terminal facilities and all permit holders of the shiplift
system shall exercise due care for the protection of life and property and the protection of the public from
injury or damage.
Additional safety and sanitation rules applicable to docks and terminal facilities, including the shiplift
system, should be consulted.Portions of the City of Seward Code of Ordinances of particular relevance
include Chapter 9.15 (Fire Preventionand Uniform Fire Code), Title 14 (Utilities including Garbage,
Sewer, Refuse, Electricity and Water) and Chapter 7.10 (Ports and Harbors).
All safety and sanitation laws, regulations and policies of the City of Seward, the Kenai Peninsula
Borough, the State of Alaska, and the United States 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 herebywarned 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.
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(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 useof
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 SmallBoat 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.
155RESPONSIBILITY 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.
160BULK 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.
(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 andbilled to the shipper, consignee or vessel.
(c)Regulations Governing Petroleum Products. The transfer of bulk petroleum products shall be made in
compliance with Seward City Code provisions, including Chapter 9.15 (Fire Prevention and the Uniform
Fire Code), as well as other local, state and federal laws, rules or regulations.
(d)Housekeeping. Flammable liquids and all hydrocarbons leaked or spilled on wharves shall be cleaned up
immediately.Vessels or consignees shall remove temporary lines immediately upon completion of
receipt or discharge of flammable liquids.Spillage from disconnected lines shall be cleaned up
immediately by vessel or consignee.
Should leakage or spillage of flammable liquids or hydrocarbons occur on the shiplift system, the permit
holder shall be responsible to see that said leakage or spillage is cleaned up immediately.
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SECTION II - SERVICES AND CHARGES
200MOORAGE
Outside the SmallBoat 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 SmallBoat Harbor:
(a)Assignment of Berths. The SmallBoat 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 thevessel 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 ReservedSlip Assignment. Due to the demand for slips on the City of Seward float
system, vessels will be assigned reservedslips based on waiting lists maintained by the Harbormaster's
office.Separate waiting lists shall be maintained for the following size floats:
23 feet (accommodates vessel 19to 26 feet)
32 feet (accommodates vessel 27 to 36 feet)
40 feet (accommodates vessel 37 to 44 feet)
50 feet (accommodates vessel 45 to 54 feet)
60 feet (accommodates vessel 55 to 64 feet)
75 feet (accommodates vessel 65to 79 feet)
90 feet (accommodates vessel 80 to 94 feet)
100 feet (accommodates vessel 95 to 104 feet)
105 feet or longer - side tie only - up to 150feet
Assignments to a reservedslip from the waiting lists shall be made by the Harbormaster based on the slip
size available and the most senior name on the waiting list for that size slip.
There is a fee of THIRTY-ONE DOLLARSAND FIFTY CENTS ($31.50)per year per listing on the
stst
waiting list(s) for a reservedslip assignment.The wait list year runs November 1
through October 31.
(c)ReservedSlip 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 a semi-annual basis.
(2)Areservedslip assignment to a vessel is not a lease or right to occupy a particular slip and may
not be assigned.
(3)To maximize the use of the SmallBoat Harbor, a reservedassigned slip may be assigned to a
transient vessel when the reservedassigned owner/vessel is out of the harbor.
(4)Upon the return of the reservedassigned vessel to the SmallBoat 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 reservedslip
assignment may berth at that assigned slip.
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(5)A vessel assigned a reservedslip assignment mustnotify the Harbormaster when departing the
harbor for more than five (5) days.If away from Seward for more than five (5) days, a reserved
assigned vessel should notify the Harbormaster of its intended arrival date and time back into the
SmallBoat Harbor.
(d)Grace Period for Late Renewals.Areservedslip holder whofails to renew by the due date may renew
any time in the next fifteen (15) daysrather than relinquish the slip, provided that (1) both parties agree,
(2)all other reservedmoorage requirementsare met, and (3) theapplicable transient rateis paid on or
before the fifteen (15) days has expired.
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(e)New Reserved Slip Assignment.For anew reservedslip moorage agreement entered into after January 1
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or July 1, the following rules and charges apply:
(1)If the customer has already paid for transient moorage, the customer charges willbe converted
from transient charges to reservedtenant charges on the effective date of the slip assignment.The
reservedtenant moorage fee shall be charged on a pro-rated basisand is due in full on the date of
the slip assignment.
(2)If the customer is new to the harbor and has not paid any moorage fees, the reservedmoorage fee
shall be charged on a prorated basisand is due in full on the date of the slip assignment.
(3)As stated in paragraphs (e) (1) and (2) above, pro-rated basis shall be calculated by dividing the
th
semi-annual moorage amount by 6, and charging the new tenant 1/6of the reservedtenant
moorage rate per calendar month for the remainder of the moorage agreement. If a slip assignment
occurs during a calendar month, the partial month will be charged the lesser of the daily rate or
th
1/6the semi-annual amount.
(f)Reservedand Temporary (Transient) Slip Assignments. There are two types of slip assignments at the
City of Seward SmallBoat Harbor.The first is a reservedassigned slip and the second is a transient slip.
Reserved Slips that are assigned to a boat/owner may be used for transient moorage when the reserved
assigned vessel is away from the slip.
(g)Notice Upon Arrival. All vessels should notify the Seward SmallBoat Harbor office prior to arrival.
Those vessels which have received reservedassigned 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 reservedassigned slip due to congestion, high
winds or safety considerations, a vessel with a reservedassigned slip may be required to temporarily use
a transient slip or float as directed by the Harbormaster.
Vessels entering the SmallBoat Harbor which have not, for any reason, received a berthing assignment
by radio contact or otherwise shall be restricted to the following areas: west side ofX float; south side of
F float; L float; R float; I dock; and T dock.
If, as is frequently the case during periods of congestion, all of the above berths are full, a vessel is
permitted to raft to a vessel already berthed.
(h)Vessel Registration. All vessels must have a current registration form (Application and Agreement for
Transient Moorage) on file with the Harbormaster.These forms must be filed immediately upon arrival
at the SmallBoat Harbor. However, vessels that arrive after normal Harbormaster office hours must
register before 10:00 a.m. the following day.
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205MOORAGE 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. The
Harbormaster may, in hissole discretion, waive a daily chargefor a vessel provided that:
(1)Notice is made in writing prior to mooring in the Seward Boat Harbor,
(2)Vessel stay is no more than 4 hours, and
(3)Harbormaster determines that congestion and use of the public facilities by others will not be
adversely affected.
The City of Seward retains the right, in its sole discretion, to determine whether a vessel berthed at any
time will be charged a full day’s charge.
Moorage charges shall be calculated on the overall length of the vessel or the length of the float (slip)
assigned, whichever is greater.
(b)Automatic Annual Adjustment in Moorage Rates.All moorage rates shall be adjusted annually so as to
st
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
stst
January 1will reflect the upcoming January 1adjusted rates. (For example, 2016 rates reflect an
increase based on the average CPI for 2009-2013).
Overall length shall be construed to mean the linear distance, expressed in feet, from the most forward
point at the stem to the aftermost part of the stern of the vessel, measured parallel to the base line of the
vessel. The length shall include all hull attachments, such as bowsprits, dinghies, davits, etc.
For billing purposes, overall length of the vessel as published in "Lloyd's Register of Shipping" may be
used. The City of Seward reserves the right to:
(1)Obtain the overall length from the vessel's register; or,
(2)Measure the vessel.
(c)Transient (Guest) Daily Rates.With the exception of vessel owner/operators who havepaid an annual,
semi-annual, or monthly fee in advance, all temporary or transient moorage charges shall be calculated
on the daily rate.The daily rate shall be $0.74 per lineal footof overall length of the vessel. (See
Appendix A for a listing of Transient Moorage Rates according to vessel length):
(1) Transient (Guest) Annual Rate. The Annual Rate shall be $54.82per lineal foot.
(2)Semi-Annual Rate.At the option of the vessel owner/operator, the annual moorage fee may be
paid in two equal semi-annual installments of sixty percent (60%) of the annual rate established
above.Each prepaid installment described in this Paragraph represents six (6) calendar months.
The first installment is due and payable on the date the vessel owner/operator completes the
Application and Agreement for Transient Moorage, and on or before the first day of any calendar
month.The second installment is due on or before the first day of the calendar month six (6)
months thereafter.
(3)Monthly Rate.At the option of the vessel owner/operator, the annual moorage fee may be paid in
twelve equal monthly installments of eighteen percent (18%) of the annual rate established above.
Each prepaid installment described in this Paragraph represents one (1) month. The first
installment is due and payable on the date the vessel owner/operator completes the Application
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and Agreement for Moorage. The succeeding payments are due on or before the sameday of each
succeedingcalendar month.
(d)ReservedMoorage Rates for Slip Assignments.Moorage charges shall commence on the date a slip
assignment is accepted. Charges shall continue until the holder ceases to have a qualifying interest in a
vessel suitable for the assigned space, until the holder’s death, or until the holder’s voluntary or
involuntarily relinquishment of the space.Prepayment of moorage is required. (See Appendix B for a
listing of moorage rates according to vessel length).
(1)The vessel owner/operator mustcompletean Application and Agreement for Reserved Moorage
in the form provided by the City.
(2)RenewalRate.The vessel owner/operator, if agreed by both parties, can renew his contract on or
thst
before June 30
and December 31and pay the Renewal Ratebased on the length of the vessel,
or, the length of the slip, whichever is greater. The RenewalRate shall be $24.91per lineal foot.
(3)Monthly Rate. At the option of the vessel owner/operator, the moorage fee may be paid in
monthly installments of thirty-sixpercent (36%) of the rate established above.Each prepaid
installment described in this Paragraph represents one (1) month. The first installment is due and
payable on the date the vessel owner/operator completes the Application and Agreement for
Moorage. The succeeding payments are due on or before the sameday of eachcalendar month.
(4)Allreservedassigned berths are assigned on a six (6) monthbasis.Prepayment of a full six
stth
month’schargesis due on or before December 31or June 30, respectively. A vessel
owner/operator may also elect to prepay theRenewalmoorage fee in monthly installments, each
of which represents thirty-sixpercent (36%) of the Renewalfee.
(e)Float Plane Fees. A fee in the amount of TWENTY-SIXDOLLARSAND TWENTY-FIVE CENTS
($26.25) per day shall be charged for float plane berthing in the confines of the SmallBoat Harbor.
210DOCKAGE
(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 ofthe vessel.
Overall length shall be construed to mean the linear distance, expressed in feet, from the most forward
point at the stem to the aftermost part of the stern of the vessel, measured parallel to the base line of the
vessel.
For dockage billing purposes, overall length of the vessel as published in "Lloyd's Register of Shipping"
will be used.If no such figure appears in "Lloyd's Register", the City of Seward reserves the right to:
(1)Obtain the overall length from the vessel's register; or,
(2)Measure the vessel.
(c)Vessels Docked to Repair, Shore, Outfit or Fumigate. The shiplift dock, adjacent and to the north of the
shiplift system, was constructed and intended primarily to be used for ship repair and maintenance.
Vessels being repaired by ship repair and maintenance businesses occupying upland facilities at the
Seward Marine Industrial Center will therefore be preferred over cargo operations.Full dockage will be
charged if and when a vessel is permitted to make repairs or alterations, shore for special freight, outfit,
store or fumigate while docked at a City dock or terminal facility.
(d)Preference to Reserved Dock Use. A vessel may be permitted to berth at a City dock or terminal facility
of the City of Seward without having first made written application for a berth assignment and without
such an assignment having been granted.However, priority is given to City dock use reserved in advance
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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 (24) hours of arrival in the harbor, an Application and
Agreement for Transient Moorage (see "Forms" in the preface of this document), or have a current copy
of same on file in the office of the Harbormaster.Any vessel planning to remain at a city dock for a
period of less than six (6) hours must notify the Harbormaster's office of such plan prior to arrival in the
harbor.
The City docks in the SmallBoat 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 unlessa written cancellation is received by the Port a minimum of
fourteen (14) days prior to scheduled vessel arrival.(See also Section I, Responsibility for
Charges, Collection and Guarantee of Charge.)
(6)All estimatesof 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.
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(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 tothe fullest extent
available in accordance with circumstances then prevailing.
(8)In addition to the terms for berth reservation and establishment of financial responsibility as set
forth herein, requests for berth reservation and assignments of berthsshall 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 theentire 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.
215DOCKAGE RATES
(a)Daily Dockage Rate. The charge for dockage for all facilities outside the SmallBoat Harbor is as follows
except as otherwise provided:
Overall Length of VesselDaily Charge Per Foot
Up to 500 ft. $0.74
501+ ft. $0.74
NOTE: Daily charge is for any period of twenty-four (24) hours.However, in computing dockage
charges for any period of dockage less than twelve (12) hours, dockage charges at one-half (1/2) of one
full day's dockage shall be assessed.For any dockage period greater than twelve (12) hours and less than
twenty-four (24) hours, a full day's dockage shall be assessed.
(b)Monthly Dockage Rate. A monthly dockage rate equal to one-half (1/2) of the total daily dockage rate for
one month may be granted as follows:
(1)Tug Operators. Vessels employed solely in the business of providing tug service to vessels calling
at any dock or terminal facility of the City of Seward may apply to the Harbormaster for monthly
dockage rates.
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(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
st
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
st
the United States Department of Labor, Bureau of Labor Statistics.Bills sent out prior to January 1will
st
reflect the upcoming January 1adjusted rates.(For example, 2016 rates reflect an increase based on the
average CPI for 2009-2013).
220HANDLING, 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 Sewardin the form provided by the City.
225LABOR AND SERVICE CHARGES
A labor and service charge is assessed, in addition to any other charges set forth in this tariff, for all labor
performed by City personnel and for specific services provided by the City of Seward or its agents.Service
charges do not include charges for dockage, wharfage, wharf demurrage or handling.
(a)Specific Services. The following rates shall apply for services provided by the City of Seward:
(1)Potable water furnished to vessels
(i)Less than 1,000 gallons from harbor facilities not requiring City assistance or use of fire
hydrant: No charge.
(ii)All service in excess of 1,000 gallons:
(1)During regular business hours: BASIC CONNECT CHARGE - $52.50.
(2)Outside regular business hours: BASIC CONNECT CHARGE - $105.00.
(iii)In addition to (ii) above, a variable rate of $6.32/1,000 gallons shall be charged for potable
water.
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(2)Electricity - SmallBoat Harbor
(i)All Vessels (except Transient Vessels staying 15 consecutive days or less).
Electricity (per kilowatt hour)$0.28
Customer chargefor tenants(once per billing cycle)$20.56
Customer charge for transients or guests (once per location)$20.56
(ii)Transient Vessels staying 15 consecutive days or less
Connect FeeNone
Electricity (daily rate)
120 volt$10.00
208 volt/single phase$20.00
208 volt/three phase$40.00
Customer charge (per month)None
(3)Electricity - Seward Marine Industrial Center
(i)Connect fee$26.85
(ii)Electricity (per kilowatt hour)$0.36
(iii)Customer charge (per month)$42.91
(4)Towing inside SmallBoat Harbor - $52.50pluslabor
(5)Pumping vessel - $31.50pluslabor
(6)Used Oil, filter and sorbent disposal
Over 5 gallons 0.53 per gallon plus labor and equipment
Filters, sorbents10.50 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 servicesnot specifically described in this tariff;
(ii)Services of loading, unloading or transferring cargo for which no specific commodity rates
are provided and which cannot be performed at the rates named under N.O.S., and cargo in
packages or units of such unusual bulk, size, shape or weight as to preclude performing
such services at rates named under individual items contained in this tariff;
(iii)Services for which no specific commodity rates are provided and any other services for
which specific rates are named in this tariff but which, because of unusual conditions or
requirements of shippers not normally incidental to such services, preclude the
performance;
(iv)Services of cleaning city docks, or terminal facilities, of dunnage, stevedore gear and other
equipment or material when the shipper, vessel owner or consignee fails to promptly clear
the facility as requested by the Harbormaster;
(2)Rates named in this tariff for services involving labor are predicated upon straight-time wages for
aworkday 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.
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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 ofthe 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-EIGHTDOLLARS AND
SEVENTY-FIVE CENTS ($78.75) per hour overtime.Work requiring call-outsshall 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 chargedcapital projects within
the City of Seward for similar equipment.
(1)Loader...............................................................................................$68.25plus operator
(2)Grader...............................................................................................$68.25plus operator
(3)Oil Tanker.........................................................................................$47.25
(4)Pickup Truck..................................................................................... $8.40 plus operator
(5)Crane Truck......................................................................................$12.60 plus operator
(6)Flatbed Truck....................................................................................$15.75plus operator
(7)Dump Truck......................................................................................$47.25plus operator
(8)Back Hoe..........................................................................................$31.50 plus operator
(9)Pumps................................................................................................$31.50 plus labor
(10)Smart Ash Burner..............................................................................$31.50 plus labor
(11)Misc. Power Equipment....................................................................$31.50 plus labor
(d)Special Services. Except where otherwise required by law, the Harbormaster has the authority to refuse
to provide or to arrange for the provision of services in addition to those set out in Paragraph (a) above.
Special services, including waste, or garbage disposal shall be billed at the City's actual cost plus 35%
administrative overhead charges (including City labor costs as determined in Paragraphs 2 and 3 above)
plus 125% of City costs for services arranged for by the City but provided by others.Special services
shall not include the taking or handling of sewage of any kind.Sewage disposal must be accomplished by
the vessel owner or his agent pursuant to federal, state and local (City of Seward) laws, codes and
ordinances.
(e)Miscellaneous Charges
(1)Meter test, each,when previous test occurred
within 24 months ................................................................................................$52.50
(2)Deposit required for transient moorage customers staying 15 or more
consecutive days...............................................................................................$100.00
(3)Tampering with or unauthorized breaking of meter seal ..................................$525.00
(4)Dishonored check fee .........................................................................................$36.75
(5)Reconnection afterdisconnect of delinquent account ........................................$42.00
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230PASSENGER 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 $3.50per 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 behalfof passengers.
st
of each year, operators of affected passenger vessels
(b) Filing of forms and payment of fees.Prior to January 1
shall complete a passenger fee registration form provided by the City.Passenger fees shall be paid and reported
to the City monthly, on a form, and in a manner,provided by the City, within 30 calendar days of the month
following the month for which the fees are due.The City may require more or less frequent filing, depending on
the account status of the filer.A return must be filed every period, even if no transactions have occurred.Failure
to file a return is subject to a missed filing fee of $25 for each missed filing.Failure to remit all taxes collected
or later found to be due by the due dateis subject to a penaltyin the amount of 10%of the amount owed, plus
interest charged at themaximum rate allowed by lawper 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 statedin 230 (b).
231CAPITAL 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 SmallBoat Harbor.A capitalrenewal 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 SmallBoat
Harbor.The fee must be pre-paid with moorage, or will be billed accordingly, as follows:
$5.00 fee per month or fraction thereof:Vessels 0 to 21 feet
$10.00 fee per month or fraction thereof:Vessels 22 to 44 feet
$15.00 fee per month or fraction thereof:Vessels 45 to 79 feet
$20.00 fee per month or fraction thereof:Vessels 80 feet and longer
Fees for transient vessels shall commence when a vessel is made fast to a wharf, pier or other facility, or when a
vessel is moored to another vessel so berthed (“rafting”).Charges shall continue until such vessel is completely
freed from and has vacated the harbor.
235ASSISTANCE 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 SmallBoat Harbor, the Harbormaster will charge users of those
services ONE HUNDRED THIRTY-ONEDOLLARS 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.
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240BOAT 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.
(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.
245PUBLIC 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 outside ofthe Harbormaster's office twenty-four hours a day.
25050-TON TRAVELIFT
(a)Operating Policy. The City owns and operates a 50-ton Travelift in the SmallBoat 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 provided by the City) havingfirst 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
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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.
25550-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 notinclude 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-SIXDOLLARS
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)Water to Water Maintenance Lift. The minimum fee for a water to water maintenance lift shall be
ONE HUNDRED EIGHTEEN DOLLARS AND THIRTEEN CENTS ($118.13) for the first half
hour (1/2) if the lift goes over the half hour (1/2) it will be billed in fifteen minute increments (15)
at the rate of FIFTY- NINE DOLLARS AND SIX CENTS ($59.06) per onequarter hour of use
or any portion of time less than one (1/4) hour. If the lift has to travel or the vessel needs to be
blocked for any reason the current one hour lift rate applies.
(3)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.
(4)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-NINEDOLLARS AND SIXCENTS ($59.06) per
one-quarter (1/4) hour or any portion of time less than one-quarter (1/4) hour.
(5)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.
260330-TON TRAVELIFT
(a)Operating Policy. The City owns and operates a 330-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.
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(b)Boat Lift Agreement. No vessel shall be lifted from land or water without a boat lift agreement (in the
form provided by the City)having first been completed.
It shall be the responsibility of the vessel owner/operator arranging the lift to provide the Harbormaster
with all relevant information to conduct a safe lift including, but not limited to, the following:
(1)Vessel displacement;
(2)Vessel hull type and configuration;
(3)Location of all hull attachments and through-the-hull fittings, including propeller shafts, rudders,
etc.
(4)Location, weight and type of ballast, fuel and water tanks; and,
(5)Any special lift requirements to avoid vessel damage.
(c)Responsibilities. The vessel owner/operator, or his agent, must be present during all vessel lifts and must
inspect and approve the City's proposed placement of lift slings, lines and destination location.It is the
responsibility of the vessel owner/operator, or his agent, to provide all blocking materials, to block the
vessel, and to approve the placement of the vessel on said blocking.It is also the responsibility of the
vessel owner/operator, or his agent, to assure that any vessel cradles or trailers upon which the vessel is
to be placed are adequate in design and strength to safely accommodate the vessel.
It is the responsibility of the vessel owner/operator to assure that adequate handling lines are placed and
manned on thevessel 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.
265 330-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 330-ton Travelift.A separate lift fee is generated whenever a vessel is lifted, even if it is only
lifted andrelocated on land.Lift fees do notinclude 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 330-ton Travelift shall be FOURHUNDRED
TWENTY-FIVEDOLLARS ($425.00) for the first hour of use or any portion of time less than one
(1)hour.For use of a lift in excess of one (1) hour, additional time shall be charged in fifteen (15)
minute increments. 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)Relocation and Reblocking Fees. Reblockingof all vessels on the uplands shall be charged at a rate
of FOURHUNDRED TWENTY-FIVEDOLLARS ($425.00)for the first hour of use or any
portion of time less than one (1) hour. Reblocking consists of lifting the boat, adjusting/replacing
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the blocking materials and setting the boat down in the same space. If a boat is to be relocated to
another space or yard, lift fees apply as listed in sections (1) and (2) above.
(c)Wash Down Pad Fee
(1)Pressure washing shall only be performed on the wash down pad. The work will be performed by
private personnel – either vessel owners and crew or licensed and insured vendors.
(2)If for whatever reason, the wash down system is not useable, the Harbor may issue an assurance to the
customer that the facility can be used at another time.
(3)The straight time rate for using the pad is $2.50 per foot per hour. There is a one hour minimum.
Additional time over the first hour will be billed in 15 minute increments.
270SHIPLIFT 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.Ifno such figure appears in "Lloyd's Register", the shiplift operator reserves the right to:
(1)Obtain the overall length from the vessel's register;or,
(2)Measure the vessel.
(d)Preference to Reserved Use. Priority is given to shiplift use reserved in advance with the shiplift
operator.Reservations remain effective if such use begins within twenty-four (24) hours of the scheduled
use. Late use or arrival will be rescheduled on a space-available basis.Reservations must specify arrival
and departure dates and the nature of the work to be performed.
A permit holder may secure a reservation under the following conditions:
(1)Request for reservation is made on a Vessel Shiplift Use Application (see "Forms" in the preface
of this document) indicating rail and date(s) requested.
(2)Reservation request must be received by the shiplift operator a minimum of 7 days prior to
anticipated vessel arrival.
(3)The permit holder must provide, as may be requested by the shiplift operator as a part of the
lifting process, to the extent of his knowledge, all information called for by any Supplement to
Shiplift Use Application (see "Forms" in the preface of this document) or any other information
respecting the vessel including, but not limited to, its estimated arrival and departure, amount(s)
and type(s) of cargo on board, and estimate of amount of each category of port charges, as
enumerated.The submission of this form, signed by the permit holder or his agent, shall constitute
the permit holder's attestation as to the accuracy of the information therein supplied; and the
permit holder shall be held personally liable to the shiplift operator and the City of Seward for any
financial loss suffered by the shiplift operator and City of Seward as a result of the permit holder's
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failure to so report accurately.Should the permit holder, subsequent to submission of this form,
receive information which materially differs from the information previously provided, and which
information the permit holder reasonably believes is not equally known to the shiplift operator, it
shall immediately notify the shiplift operator and, if requested by the shiplift operator, promptly
file an amended Supplement to Shiplift Use Application with the shiplift operator.
(4)Full lift fees are payableto 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 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
shipliftoperator personnel or otherwise, and any expenses, damages to vessel or to other vessels or
shiplift system during such removal shall be charged to the vessel so moved.All vessels using the shiplift
system without proper authorization must be removed on receipt of notice from the Harbormaster of his
agents.
(h)Notice of Hazardous Cargo and Permit Requirement. Notice shall be given to the shiplift operator at the
time of reservation of the fuel, ballast and any unusual weight distribution or structural requirements for
lifting each vessel.Notice shall be given of any vessel carrying cargo which is hazardous, extremely
flammable, corrosive, explosive or otherwise poses a significant risk of harm to property or persons at
least twenty-four (24) hours priorto 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.
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(j)Lift Fee Rates. The lift fee shall be TEN DOLLARS AND FIFTY CENTS ($10.50) per foot of vessel
length.This fee does notinclude 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.
275DAILYSHIPLIFT 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 12hours 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.
280UPLAND STORAGE
(a)Area of Land Available. The City of Seward will make available alimited 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 afirst-come, first served basis;
(2)No vesselor trailer may be placed on the designated upland storage area without prior permission
of the Harbormaster; and,
(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 ofRates.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)SmallBoat Harbor. Lay time for upland storage in the SmallBoat Harbor shall be charged at a rate
of NINEDOLLARS 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
becharged 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 additionalONE DOLLARAND FIFTY-EIGHT CENTS ($1.58) per
foot for each foot over fifty feet in length.
(2)Seward Marine Industrial Center. Lay time for upland storage in the Seward Marine Industrial
Center shall be charged at a rate of tencents ($0.10) per linear foot of the overall length of the
vessel per calendar day. For stays oflonger than one year, thelay time shall be charged at a rate of
twentycents ($0.20) per linear foot of the overall length of the vessel per calendar day after one
year.
(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
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($0.30) per square foot per calendar month. Cradles, trailers or equipment placed orremaining on
the upland storage area prior to or after a vessel is stored shall generate storage fees at this rate.
285WHARFAGE
(a)Application of Charge. Wharfage rates named in this tariff will be charged for all merchandise
received over the city docks of the City of Seward and will be in addition to all other charges made
under provisions of this tariff, EXCEPT:
No wharfage shall be charged to ship's gear, such as strongbacks, lines, hatch covers, walking boards,
etc., placed on wharf during unloading operations.Fuel handled over wharf will not be considered as
ship's stores and will be subject to wharfage and other charges that may be incurred.
(b)Over-side. One-half of wharfage named herein will be charged to merchandise discharged or loaded
over-side of vessel directly to or from another vessel or to the water when vessel is berthed at a wharf.
(c)Over-stowed Cargo. Over-stowed cargo destined for discharging at another port will be exempt of
wharfage charges, provided that such cargo is not removed from wharf prior to reloading to the vessel.
290WHARFAGE 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.
CommodityWharfage Rate
Freight N.O.S...................................................................................................................$5.00
Raw fish, unprocessed ....................................................................................................$5.00
Petroleum products (inbound) per barrel ........................................................................$0.18
Petroleum products (outbound) per barrel .....................................................................$0.26
Petroleum products (gasoline) per gallon ...................................................................... $0.02
Petroleum products (diesel) per gallon .......................................................................... $0.02
Explosives ....................................................................................................................$26.25
Vans or containers (net contents weight) ....................................................................... $3.10
Vehicles (gross vehicle weight)....................................................................................$10.00
Bulk gravel .................................................................................................................... $1.00
(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 provided by the City). 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 ....................................................................................... $0.53/ton
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295WHARF DEMURRAGE
(a)Description of Charge.A charge will be assessed against cargo remaining in or on terminal facilities
after the expiration of free time, unless arrangements have been made for storage.
(b)Calculation of Free Time. Free time is calculated exclusive of Saturdays, Sundays or holidays.Free time
starts at 7:00 a.m. after freight is received or unloaded ontowharf from car of truck or, in the case of
freight received from vessel, at 7:00 a.m. after completion of vessel's discharge.On outbound traffic, the
day or days vessel is loading are not included in the computation.On inbound traffic from vessel,
delivery of which is made after the allotted free time, the day freight is loaded out or delivered to truck or
car is to be included in the computation as a storage day.
When freight is transshipped between deep-sea vessels and involves application of both a long and a
short time period, the longer period shall be allowed, but not the aggregate of any two free time periods.
(c)Free time. Free time of five days will be allowed on all inbound traffic.Free time of ten days will be
allowed on all outbound traffic.
(d)Rates. After expiration of applicable free time, wharf demurrage will be assessed at the following rates
(per day, per ton (2,000 lbs.) or portion thereof):
CommodityFirst 5 daysAfter 5 days
All freight, N.O.S.$ 1.26 $ 2.52
Mobile homes, portable buildings,
living quarters$26.25/day/unit$105.00/day/unit
Upon prior arrangement with the Harbormaster, upland storage will be billed monthly at a rate of
TWENTY-SIXCENTS ($.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 RegulationsCity of Seward, Alaska
Effective May 5, 201626
77
PORT AND HARBOR TARIFF REGULATIONS
LEGISLATIVE HISTORY NOTES
Per Ogden Beeman & Associates, Inc.Tariff Report dated May 7, 1993, the Port of Seward had 3 tariffs: General
Terminal Tariff (October 5, 1992), Shiplift System Tariff (October 15, 1992), Small Boat Harbor Tariff (July 1, 1992).
Combined into two we have now.*Ordinance 95-11 Revised the Port and Harbor Code
CITY DOCKS AND TERMINAL FACILITIES
DATERESOLUTIONACTIONEFFECTIVE
1/22/19901990-009Adopted general terminal tariff #1 setting rules, regulations & 2/1/1990
charges for city docks and terminals except for the shiplift dock
and the small boat harbor.
4/9/19901990-031Approved Amendment #1 to incorporate changes by the Federal 4/1/1990
Retroactive
Maritime Commission and to add the terminal use permit to the
tariff.
6/10/19911991-068Approved Amendment #2 to incorporate payment agreement 6/10/1991
with Chugach Alaska Corporation.
6/22/19921992-096Approved Amendment #3 adjusting tariff rates and names for 7/1/1992
the 250 ton Travelift.
7/13/19921992-119Approved amendment #4 adopting a wharfage rate of $.25 per 7/20/1992
ton for bulk gravel.
9/14/19921992-151Approved amendment #5 establishing a declining block rate for 10/5/1992
electrical service for large energy users.
6/14/19931993-092Approved amendment #6 to increase certain tariff fees to enable 8/1/1993
the city to fund harbor improvements.Required approval by
Federal Maritime Commission (FMC).
5/28/19961996-071Sets and amends various fees and definitions in the tariff Failed
effective July 1, 1996.
6/10/19961996-076Added interest rate and other charges for delinquent accounts.7/1/1996
5/26/19981998-056Amend Travelift and Upland storage fees.7/1/1998
11/23/19981998-132Reduce wharfage rates for unprocessed fresh fish from 12/3/1998
$35.00/ton to $3.00/ton.
5/22/20002000-050Amend adding fees for equipment usage, used oil recovery 5/22/2000
services, travelift calculations, eliminating tiered rate schedules
and adopting a daily rate schedule for moorage.
9/11/20002000-093Amend tariff to impose a passenger fee in order to provide the 9/21/2000
funds to pay expenses and debt service on revenue bonds for
capital improvements.
5/13/20022002-043Amend tariff reflecting the application of the Anchorage CPI.5/13/2002
9/9/2002Could Not Amend to establish an annual adjustment to moorage fees in the Failed?
LocateSeward small boat harbor by the previous year’s Anchorage
Consumer Price Index for all urban consumers (CPI).
11/8/20022002-112Adjusted moorage fees by the previous year’s Anchorage 12/31/2002
Consumer price index (CPI) for all urban consumers.
Postponed for
12/8/20032003-156Amend the Port and Harbor tariff by 5%.
PACABreview.
12/14/20042004-128Amend Port and Harbor tariff to increase moorage rates by 1/1/2005
12.96% increasing the linear foot rate from $31.69 to $35.80
and water rates from $4.25 to $6.02 per 1,000 gallons.Passed.
Motion to Reconsider filed.
Port and Harbor Tariff RegulationsCity of Seward, Alaska
Effective May 5, 201627
78
DATERESOLUTIONACTIONEFFECTIVE
5/9/20052005-028Amending the tariff by increasing moorage rates by 57.4% from Failed
$35.80 to $56.35 per linear foot to fund east harbor construction
including Z-float.
5/9/20052005-030Amending the tariff by increasing moorage rates by 35.58% Failed
from 35.80 to 48.54 per linear foot to fund east harbor
construction south harbor and uplands.
5/23/20052005-037Amends the tariff by increasing moorage rates over a three year Failed
period by 12/58% in 06 to 12% in 07 and 11% in 07 to fund the
harbor project.
9/12/20052005-080Amends the tariff by modifying the passenger transit fee to 1/1/2006
change penalties for failure to remit payment and increase the
passenger fee from $1.50 to $3.50 per passenger to fund harbor
expansion project.
9/12/20052005-081Amends the tariff by increasing moorage rates by 10% effective 1/1/2006
1/1/06 to fund harbor expansion project.
11/13/20072007-097Amends the tariff by increasing all moorage, wharfage, boat lift 1/1/2008
and other harbor rates and fees (excluding passenger fees and
launch fees) effective January 1, 2008.
11/26/20072007-122Amends the tariff by increasing daily launch fees from $5 to 1/1/2008
$10, annual permits to $100, excluding all vessels propelled
solely by human power which remains at $5.
12/8/20082008-127Amends the tariff regulations Subsection 225 RE: electric billing 12/18/2008
for transient vessels according to a flat rate for stays of 15
consecutive days or less.
11/9/20092009-116Amends the tariff regulations by providing for automatic annual 1/1/2010
adjustments to moorage and dockage rates by an amount equal
to the five previous full years’ average increase in the anchorage
CPI for all urban consumers.
1/25/20102010-005Amends the tariff regulations by providing for permanent slip 2/4/2010
assignments January through June each year.
10/24/20112011-082Amends the tariff regulations, continuing to link moorage rates 1/1/2012 &
to estimated CPI, increasing transient/guest moorage rates by 1/1/2013
10%, eliminating quarterly rates, eliminating miscellaneous
electric charges for reconnection, restructuring harbor electric
fees, and increasing SMIC electric charges.
5/14/20122012-027Amends the tariff regulations by adopting the revision of the 1/1/2012
2012 and 2013 harbor tariffs to correct errors, to eliminate the Retroactive &
attachment of standard forms, to establish a basis for pro-rating 5/24/2012 &
charges for new tenants, and to establish a basis for late 1/1/2013
renewing customers.
8/13/20122012-060Amends the tariff regulations by adopting the revision of the 2012 8/23/2012 &
and 2013 harbor tariffs to correct errors, to establish new wait list 1/1/2013
categories, and to extend the months when permanent slip
assignments are made.
1/14/20132013-001Revising the 2013 harbor tariff annual rate for reserved moorage 1/24/2013
customers and conform the moorage rate table Appendix B of
the tariff.
1/14/20132013-002Revising the 2013 harbor tariff to charge only one electrical 1/24/2013
customer charge per billing cycle to tenant customers at the
small boat harbor and to charge one electrical customer charge
per location for transient or guest customers.
Port and Harbor Tariff RegulationsCity of Seward, Alaska
Effective May 5, 201628
79
DATERESOLUTIONACTIONEFFECTIVE
1/14/20132013-003Revising the 2013 harbor tariff to eliminate the requirement for 1/24/2013
electrical deposits for reserved moorage customers at the small
boat harbor.
10/28/20132013-074Amending The Port & Harbor Tariff Regulations For 2014 And 1/1/2014&
2015.1/1/2015
4/28/20142014-035Amending Section 205 Of The Port & Harbor Tariff Regulations 5/9/2014
Relating To Short-Term Vessel Stay And Payment Of Transient
(Guest) Moorage.
12/8/20142014-092Revising Sections 200 And 205 Of The Harbor Tariff In Order 1/1/2015
To Revise Billing Practices To Meet Internal Revenue Service
Compliance For Tax-Exempt Revenue Bonds.
4/27/20152015-028Revising The Port And Harbor Tariff Regulations To Increase The 5/7/2015
Charge For Dishonored Checks, To Revise The Charges For Re-
Blocking Vessels And For Boat Lift Work That Extends Beyond
One Hour, And To Revise The Wharfage Rates For Boat Fuel To
Conform To The Charges In The Annual Contract With The Fuel
Dock Operator.
11/16/20152015-109Recommending The 2016 Harbor Tariff Be Amended By 1/1/2016
Changing The Waitlist Vessel Size For A-Float, Eliminating The
17 Foot Waitlist Adding A 50 Ton Travelift Water To Water
Maintenance Lift, And Other Clarifications
4/25/20162016-031Amending The Wharfage Rate In The Port & Harbor Tariff And 5/5/2016
Providing For Automatic Biennial Adjustments To Wharfage Rates
By An Amount Equal To The Five Previous Full Years’ Average
Increase In The Anchorage Consumer Price Index For All Urban
Consumers.
Port and Harbor Tariff RegulationsCity of Seward, Alaska
Effective May 5, 201629
80
SEWARD MARINE INDUSTRIAL CENTER (SMIC) SHIPLIFT SYSTEM
DATERESOLUTIONACTIONEFFECTIVE
3/27/19901990-022Tariff adopted by City Council, effective April 6, 1990 4/6/1990
following approval by Federal Maritime Commission (FMC).
4/9/19901990-034Amendment #1 adopts rules and regulations for repair berth 4/20/1990
stations adjacent to the shiplift system effective April 20, 1990
following approval by FMC.
7/22/1991Could Not Amendment #2 revised rates to reflect actual cost of operations
Locateof shiplift effective August 1, 1991 following FMC approval.
9/28/19921992-165Amendment #3 set annual availability cost fee & provided for 10/15/1992
declining block rate for electrical service provided by Harbor
Dept. effective October 15, 1992 following FMC approval.
6/14/19931993-092Amendment #4 revised tariff to increase certain tariff fees to 8/1/1993
enable city to fund harbor improvements, effective August 1,
1993.
6/12/20002000-057Authorized and instituted the SMIC Upland Boat works policy.7/10/2000
7/24/20002000-077Revision to SMIC Upland Boat Works Policy.9/7/2000
9/24/20002000-109Revision to SMIC Upland Boat Works Policy, deleting the 9/25/2000
prohibition on silica sand as a blast material.
11/8/20022002-112Amend tariff to adjust moorage fees by 2.8% to previous year’s 12/31/2002
CPI.
2/9/20042004-015Decreased dockage rate for SMIC facilities from $1.00 to $.41 2/19/2004
per foot of length per day.
12/14/20042004-128Amend harbor tariff to increase moorage rates and dockage by 1/1/2005
12.96%, increasing linear foot rate from $31.69 to $35.80 and
increasing water rates from $4.25 to $6.02 per 1,000 gallons.
5/9/20052005-028Amend harbor tariff to increase moorage rates by 57.4% from Failed
$35.80 to $56.35 per linear foot to fund East & South harbor
construction, upland amenities & Z-float.
5/9/20052005-030Amend harbor tariff to increase moorage rates by 35.58% from Failed
$35.80 to $48.54 per linear foot to fund East & South harbor
construction and upland amenities.
5/23/20052005-037Amend harbor tariff to increase moorage rates 12.58%, 12%, Failed
and 11% over a 3-yr. period to fund East & South harbor
construction and upland amenities.
9/12/20052005-080Amend harbor tariff to increase passenger fee from $1.50 to 1/1/2006
$3.50 per passenger, and modify failure to remit penalties.
9/12/20052005-081Amend harbor tariff by increasing moorage rate by 10%.1/1/2006
11/13/20072007-097Amends the tariff by increasing all moorage, wharfage, boat lift 1/1/2008
and other harbor rates and fees (excluding passenger fees and
launch fees).
12/8/20082008-127Amends the tariff regulations and SMIC electricity charges in 12/18/2008
Subsection 225 to cover the cost to offer the service and
introduce a customer charge and change the utility rate, plus add
a fuel adjustment factor.
11/9/20092009-116Amends the tariff regulations by providing for automatic annual 1/1/2010
adjustments to moorage and dockage rates by an amount equal
to the five previous full years’ average increase in the
Anchorage CPI for all urban consumers.
Port and Harbor Tariff RegulationsCity of Seward, Alaska
Effective May 5, 201630
81
DATERESOLUTIONACTIONEFFECTIVE
10/24/20112011-082Amends the tariff regulations, continuing to link moorage rates to 1/1/2012&
estimated CPI, increasing transient/guest moorage rates by 10%, 1/1/2013
eliminating quarterly rates, eliminating miscellaneous electric
charges for reconnection, restructuring harbor electric fees, and
increasing SMIC electric charges.
5/14/20122012-027Amends the tariff regulations by adopting the revision of the 2012 1/1/2012
and 2013 harbor tariffs to correct errors, to eliminate the Retroactive&
attachment of standard forms, to establish a basis for pro-rating 5/24/2012 &
charges for new tenants, and toestablish a basis for late renewing 1/1/2013
customers.
10/28/20132013-074Amending The Port & Harbor Tariff Regulations For 2014 And 1/1/2014&
2015.1/1/2015
4/14/20142014-030Amending The Harbor Tariff By Establishing Rates For The 4/24/2014
Vessel Wash Down Pad At The Seward Marine Industrial Center.
7/14/20142014-054Waiving Competitive Procurement Requirements To Authorize 1/1/2015
Sole-Source Purchase Of A New 330 Ton Boat Lift From Marine
Of $1,441,087, Declaring The
Travelift In The Net Amount
Current Boat Lift Surplus To Be Used As A Trade-In, Revising
The Harbor Tariff To Increase The Lift Rates, And Appropriating
Funds.
4/27/20152015-028Revising The Port And Harbor Tariff Regulations To Increase The 5/7/2015
Charge For Dishonored Checks, To Revise The Charges For Re-
Blocking Vessels And For Boat Lift Work That Extends Beyond
One Hour, And To Revise The Wharfage Rates For Boat Fuel To
Conform To The Charges In The Annual Contract With The Fuel
Dock Operator.
11/16/20152015-109Recommending The 2016 Harbor Tariff Be Amended By 1/1/2016
Changing The Waitlist Vessel Size For A-Float, Eliminating The
17 Foot Waitlist Adding A 50 Ton Travelift Water To Water
Maintenance Lift, And Other Clarifications
Port and Harbor Tariff RegulationsCity of Seward, Alaska
Effective May 5, 201631
82
Appendix A
2016SEWARD SMALLBOAT HARBOR
TRANSIENT RATES
DAILY TRANSIENT MOORAGE@$0.74PER FOOT PLUS 7% SALES TAX
DISCOUNTED MOORAGE RATES ARE BASED ON CALENDAR MONTHS AND MUST BE PAID IN ADVANCE
LENGTHANNUALSEMIMONTH
per ftTAX CRRper ftTAX CRRper ftTAX
TOTALTOTALTOTAL
$54.82$32.89$9.87
$822.55$487.50$142.29
13$712.6649.8960.00 427.5729.9330.00 128.318.985.00
$881.20$522.69$152.85
14$767.4853.7260.00 460.4632.2330.00 138.189.675.00
$939.86$557.88$163.41
15$822.3057.5660.00 493.3534.5330.00 148.0510.365.00
$998.52$593.08$173.97
16$877.1261.4060.00 526.2436.8430.00 157.9211.055.00
$1,057.18$628.27$184.54
17$931.9465.2460.00 559.1339.1430.00 167.7911.755.00
$1,115.83$663.46$195.10
18$986.7669.0760.00 592.0241.4430.00 177.6612.445.00
$1,174.49$698.65$205.66
19$1,041.5872.9160.00 624.9143.7430.00 187.5313.135.00
$1,233.15$733.85$216.22
20$1,096.4076.7560.00 657.8046.0530.00197.4013.825.00
$1,291.81$769.04$226.78
21$1,151.2280.5960.00 690.6948.3530.00 207.2714.515.00
$1,410.46$834.23$242.34
22$1,206.0484.42120.00 723.5850.6560.00 217.1415.2010.00
$1,469.12$869.42$252.90
23$1,260.8688.26120.00 756.4752.9560.00 227.0115.8910.00
$1,527.78$904.62$263.46
24$1,315.6892.10120.00 789.3655.2660.00 236.8816.5810.00
$1,586.44$939.81$274.02
25$1,370.5095.94120.00 822.2557.5660.00 246.7517.2710.00
$1,645.09$975.00$284.58
26$1,425.3299.77120.00 855.1459.8660.00 256.6217.9610.00
$1,703.75$1,010.19$295.14
27$1,480.14103.61120.00 888.0362.1660.00 266.4918.6510.00
$1,762.41$1,045.38$305.71
28$1,534.96107.45120.00 920.9264.4660.00 276.3619.3510.00
$1,821.06$1,080.58$316.27
29$1,589.78111.28120.00 953.8166.7760.00 286.2320.0410.00
$1,879.72$1,115.77$326.83
30$1,644.60115.12120.00 986.7069.0760.00 296.1020.7310.00
$1,938.38$1,150.96$337.39
31$1,699.42118.96120.00 1,019.5971.3760.00 305.9721.4210.00
$1,997.04$1,186.15$347.95
32$1,754.24122.80120.00 1,052.4873.6760.00 315.8422.1110.00
$2,055.69$1,221.35$358.51
33$1,809.06126.63120.00 1,085.3775.9860.00 325.7122.8010.00
$2,114.35$1,256.54$369.07
34$1,863.88130.47120.00 1,118.2678.2860.00 335.5823.4910.00
$2,173.01$1,291.73$379.63
35$1,918.70134.31120.00 1,151.1580.5860.00 345.4524.1810.00
$2,231.67$1,326.92$390.19
36$1,973.52138.15120.00 1,184.0482.8860.00 355.3224.8710.00
$2,290.32$1,362.12$400.75
37$2,028.34141.98120.00 1,216.9385.1960.00 365.1925.5610.00
$2,348.98$1,397.31$411.31
38$2,083.16145.82120.00 1,249.8287.4960.00 375.0626.2510.00
$2,407.64$1,432.50$421.88
39$2,137.98149.66120.00 1,282.7189.7960.00 384.9326.9510.00
$2,466.30$1,467.69$432.44
40$2,192.80153.50120.00 1,315.6092.0960.00 394.8027.6410.00
$2,524.95$1,502.88$443.00
41$2,247.62157.33120.00 1,348.4994.3960.00 404.6728.3310.00
$2,583.61$1,538.08$453.56
42$2,302.44161.17120.00 1,381.3896.7060.00 414.5429.0210.00
$2,642.27$1,573.27$464.12
43$2,357.26165.01120.00 1,414.2799.0060.00 424.4129.7110.00
$2,700.93$1,608.46$474.68
44$2,412.08168.85120.00 1,447.16101.3060.00 434.2830.4010.00
$2,819.58$1,673.65$490.24
45$2,466.90172.68180.00 1,480.05103.6090.00 444.1531.0915.00
$2,878.24$1,708.85$500.80
46$2,521.72176.52180.00 1,512.94105.9190.00 454.0231.7815.00
$2,936.90$1,744.04$511.36
47$2,576.54180.36180.00 1,545.83108.2190.00 463.8932.4715.00
$2,995.56$1,779.23$521.92
48$2,631.36184.20180.00 1,578.72110.5190.00 473.7633.1615.00
$3,054.21$1,814.42$532.48
49$2,686.18188.03180.00 1,611.61112.8190.00 483.6333.8515.00
$3,112.87$1,849.62$543.05
50$2,741.00191.87180.00 1,644.50115.1290.00 493.5034.5515.00
83
Appendix A
(Continued)
ANNUALSEMIMONTH
per ftper ftper ft
LENGTHTOTALTOTALTOTAL
$54.82TAX CRR$32.89TAX CRR$9.87TAX
$3,171.53$1,884.81$553.37
512,795.82195.71180.00 1,677.39117.4290.00 503.3735.0015.00
$3,230.18$1,920.00$563.24
522,850.64199.54180.00 1,710.28119.7290.00 513.2435.0015.00
$3,288.84$1,955.19$573.11
532,905.46203.38180.00 1,743.17122.0290.00 523.1135.0015.00
$3,347.50$1,990.38$582.98
542,960.28207.22180.00 1,776.06124.3290.00 532.9835.0015.00
$3,406.16$2,025.58$592.85
553,015.10211.06180.00 1,808.95126.6390.00 542.8535.0015.00
$3,464.81$2,060.77$602.72
563,069.92214.89180.00 1,841.84128.9390.00 552.7235.0015.00
$3,523.47$2,095.96$612.59
573,124.74218.73180.00 1,874.73131.2390.00 562.5935.0015.00
$3,582.13$2,131.15$622.46
583,179.56222.57180.00 1,907.62133.5390.00 572.4635.0015.00
$3,640.79$2,166.35$632.33
593,234.38226.41180.00 1,940.51135.8490.00 582.3335.0015.00
$3,699.44$2,201.54$642.20
603,289.20230.24180.00 1,973.40138.1490.00 592.2035.0015.00
$3,758.10$2,236.73$652.07
613,344.02234.08180.00 2,006.29140.4490.00 602.0735.0015.00
$3,816.76$2,271.92$661.94
623,398.84237.92180.00 2,039.18142.7490.00 611.9435.0015.00
$3,875.42$2,307.11$671.81
633,453.66241.76180.00 2,072.07145.0490.00 621.8135.0015.00
$3,934.07$2,342.31$681.68
643,508.48245.59180.00 2,104.96147.3590.00 631.6835.0015.00
$3,992.73$2,377.50$691.55
653,563.30249.43180.00 2,137.85149.6590.00 641.5535.0015.00
$4,051.39$2,412.69$701.42
663,618.12253.27180.00 2,170.74151.9590.00 651.4235.0015.00
$4,110.05$2,447.88$711.29
673,672.94257.11180.00 2,203.63154.2590.00 661.2935.0015.00
$4,168.70$2,483.08$721.16
683,727.76260.94180.00 2,236.52156.5690.00 671.1635.0015.00
$4,227.36$2,518.27$731.03
693,782.58264.78180.00 2,269.41158.8690.00 681.0335.0015.00
$4,286.02$2,553.46$740.90
703,837.40268.62180.00 2,302.30161.1690.00 690.9035.0015.00
$4,344.68$2,588.65$750.77
713,892.22272.46180.00 2,335.19163.4690.00 700.7735.0015.00
$4,403.33$2,623.85$760.64
723,947.04276.29180.00 2,368.08165.7790.00 710.6435.0015.00
$4,461.99$2,659.04$770.51
734,001.86280.13180.00 2,400.97168.0790.00 720.5135.0015.00
$4,520.65$2,694.23$780.38
744,056.68283.97180.00 2,433.86170.3790.00 730.3835.0015.00
$4,579.31$2,729.42$790.25
754,111.50287.81180.00 2,466.75172.6790.00 740.2535.0015.00
$4,637.96$2,764.61$800.12
764,166.32291.64180.00 2,499.64174.9790.00 750.1235.0015.00
$4,696.62$2,799.81$809.99
774,221.14295.48180.00 2,532.53177.2890.00 759.9935.0015.00
$4,755.28$2,835.00$819.86
784,275.96299.32180.00 2,565.42179.5890.00 769.8635.0015.00
$4,813.93$2,870.19$829.73
794,330.78303.15180.00 2,598.31181.8890.00 779.7335.0015.00
$4,932.59$2,935.38$844.60
804,385.60306.99240.00 2,631.20184.18120.00 789.6035.0020.00
$4,991.25$2,970.58$854.47
814,440.42310.83240.00 2,664.09186.49120.00 799.4735.0020.00
$5,049.91$3,005.77$864.34
824,495.24314.67240.00 2,696.98188.79120.00 809.3435.0020.00
$5,108.56$3,040.96$874.21
834,550.06318.50240.00 2,729.87191.09120.00 819.2135.0020.00
$5,167.22$3,076.15$884.08
844,604.88322.34240.00 2,762.76193.39120.00 829.0835.0020.00
$5,225.88$3,111.35$893.95
854,659.70326.18240.00 2,795.65195.70120.00 838.9535.0020.00
$5,284.54$3,146.54$903.82
864,714.52330.02240.00 2,828.54198.00120.00 848.8235.0020.00
$5,343.19$3,181.73$913.69
874,769.34333.85240.00 2,861.43200.30120.00 858.6935.0020.00
$5,401.85$3,216.92$923.56
884,824.16337.69240.00 2,894.32202.60120.00 868.5635.0020.00
$5,460.51$3,252.11$933.43
894,878.98341.53240.00 2,927.21204.90120.00 878.4335.0020.00
$5,519.17$3,287.31$943.30
904,933.80345.37240.00 2,960.10207.21120.00 888.3035.0020.00
$5,577.82$3,322.50$953.17
914,988.62349.20240.00 2,992.99209.51120.00 898.1735.0020.00
$5,636.48$3,355.88$963.04
925,043.44353.04240.00 3,025.88210.00120.00 908.0435.0020.00
$5,695.14$3,388.77$972.91
935,098.26356.88240.00 3,058.77210.00120.00 917.9135.0020.00
$5,753.80$3,421.66$982.78
945,153.08360.72240.00 3,091.66210.00120.00 927.7835.0020.00
$5,812.45$3,454.55$992.65
955,207.90364.55240.00 3,124.55210.00120.00 937.6535.0020.00
$5,871.11$3,487.44$1,002.52
965,262.72368.39240.00 3,157.44210.00120.00 947.5235.0020.00
$5,929.77$3,520.33$1,012.39
975,317.54372.23240.00 3,190.33210.00120.00 957.3935.0020.00
$5,988.43$3,553.22$1,022.26
985,372.36376.07240.00 3,223.22210.00120.00 967.2635.0020.00
$6,047.08$3,586.11$1,032.13
995,427.18379.90240.00 3,256.11210.00120.00 977.1335.0020.00
$6,105.74$3,619.00$1,042.00
1005,482.00383.74240.00 3,289.00210.00120.00 987.0035.0020.00
84
Appendix B
2016SEWARD SMALLBOAT HARBOR
RESERVEDRATES
DAILY TENANTMOORAGE@$0.68PER FOOT PLUS 7% SALES TAX
THESE DISCOUNTED MOORAGE RATES MUST BE PAID IN ADVANCE
January 1 through June 30 –OR-July 1 through December 31
per ftper ft
RESERVED 6 MONTH RATEMONTH
$24.91TAX CRR$8.97TAXCRR
LENGTHTOTALTOTAL
1330.00 5.00
$376.50$129.77
$323.8322.67116.618.16
1430.00 5.00
$403.15$139.37
$348.7424.41125.588.79
1530.00 5.00
$373.6526.16$429.81 134.559.42$148.97
1630.00 5.00
$456.46$158.57
$398.5627.90143.5210.05
1730.00 5.00
$483.11$168.16
$423.4729.64152.4910.67
1830.00 5.00
$509.77$177.76
$448.3831.39161.4611.30
1930.00 5.00
$536.42$187.36
$473.2933.13170.4311.93
2030.00 5.00
$563.07$196.96
$498.2034.87179.4012.56
2130.00 5.00
$589.73$206.56
$523.1136.62188.3713.19
2260.00 10.00
$646.38$221.15
$548.0238.36197.3413.81
2360.00 10.00
$673.04$230.75
$572.9340.11206.3114.44
2460.00 10.00
$699.69$240.35
$597.8441.85215.2815.07
2560.00 10.00
$726.34$249.95
$622.7543.59224.2515.70
2660.00 10.00
$753.00$259.55
$647.6645.34233.2216.33
2760.00 10.00
$779.65$269.14
$672.5747.08242.1916.95
2860.00 10.00
$806.30$278.74
$697.4848.82251.1617.58
2960.0010.00
$832.96$288.34
$722.3950.57260.1318.21
3060.00 10.00
$859.61$297.94
$747.3052.31269.1018.84
3160.00 10.00
$886.26$307.53
$772.2154.05278.0719.46
3260.00 10.00
$912.92$317.13
$797.1255.80287.0420.09
3360.00 10.00
$939.57$326.73
$822.0357.54296.0120.72
3460.00 10.00
$846.9459.29$966.23 304.9821.35$336.33
3560.00 10.00
$992.88$345.93
$871.8561.03313.9521.98
3660.00 $1,019.53 10.00 $355.52
$896.7662.77322.9222.60
3760.00 10.00
$1,046.19$365.12
$921.6764.52331.8923.23
3860.00 10.00
$1,072.84$374.72
$946.5866.26340.8623.86
3960.00 10.00
$1,099.49$384.32
$971.4968.00349.8324.49
4060.00 10.00
$1,126.15$393.92
$996.4069.75358.8025.12
4160.00 10.00
$1,152.80$403.51
$1,021.3171.49367.7725.74
4260.00 10.00
$1,179.46$413.11
$1,046.2273.24376.7426.37
4360.00 10.00
$1,206.11$422.71
$1,071.1374.98385.7127.00
4460.00 10.00
$1,232.76$432.31
$1,096.0476.72394.6827.63
4590.00 15.00
$1,289.42$446.91
$1,120.9578.47403.6528.26
4690.00 15.00
$1,316.07$456.50
$1,145.8680.21412.6228.88
4790.00 15.00
$1,342.72$466.10
$1,170.7781.95421.5929.51
4890.00 15.00
$1,369.38$475.70
$1,195.6883.70430.5630.14
4990.00 15.00
$1,396.03$485.30
$1,220.5985.44439.5330.77
5090.00 15.00
$1,422.69$494.90
$1,245.5087.19448.5031.40
85
Appendix B (Continued)
per ftper ft
RESERVED 6 MONTH RATEMONTH
$24.91TAX CRR$8.97TAXCRR
LENGTHTOTALTOTAL
51 90.00 15.00
1,270.4188.93$1,449.34 457.4732.02$504.49
52 90.00 $1,475.99 15.00 $514.09
1,295.3290.67466.4432.65
90.00 15.00
53$1,502.65$523.69
1,320.2392.42475.4133.28
54 90.00 $1,529.30 15.00 $533.29
1,345.1494.16484.3833.91
90.00 15.00
55 1,370.0595.90$1,555.95 493.3534.53$542.88
56 90.00 15.00
1,394.9697.65$1,582.61 502.3235.00$552.32
57 90.00 15.00
$1,609.26$561.29
1,419.8799.39511.2935.00
90.00 15.00
58 1,444.78101.13$1,635.91 520.2635.00$570.26
59 90.00 15.00
1,469.69102.88$1,662.57 529.2335.00$579.23
60 90.00 15.00
$1,689.22$588.20
1,494.60104.62538.2035.00
90.00 15.00
61 1,519.51106.37$1,715.88 547.1735.00$597.17
62 90.00 15.00
1,544.42108.11$1,742.53 556.1435.00$606.14
63 90.00 15.00
$1,769.18$615.11
1,569.33109.85565.1135.00
90.00 15.00
64 1,594.24111.60$1,795.84 574.0835.00$624.08
65 90.00 15.00
1,619.15113.34$1,822.49 583.0535.00$633.05
66 90.00 15.00
1,644.06115.08$1,849.14 592.0235.00$642.02
67 90.00 15.00
1,668.97116.83$1,875.80 600.9935.00$650.99
68 90.00 15.00
1,693.88118.57$1,902.45 609.9635.00$659.96
69 90.00 15.00
1,718.79120.32$1,929.11 618.9335.00$668.93
70 90.00 15.00
1,743.70122.06$1,955.76 627.9035.00$677.90
71 90.0015.00
1,768.61123.80$1,982.41 636.8735.00$686.87
72 90.00 15.00
1,793.52125.55$2,009.07 645.8435.00$695.84
73 90.00 15.00
1,818.43127.29$2,035.72 654.8135.00$704.81
74 90.00 15.00
1,843.34129.03$2,062.37 663.7835.00$713.78
75 90.00 15.00
1,868.25130.78$2,089.03 672.7535.00$722.75
76 90.00 15.00
1,893.16132.52$2,115.68 681.7235.00$731.72
77 90.00 15.00
1,918.07134.26$2,142.33 690.6935.00$740.69
78 90.00 15.00
1,942.98136.01$2,168.99 699.6635.00$749.66
79 90.00 15.00
1,967.89137.75$2,195.64 708.6335.00$758.63
80 120.00 20.00
1,992.80139.50$2,252.30 717.6035.00$772.60
81 120.00 20.00
2,017.71141.24$2,278.95 726.5735.00$781.57
82 120.00 20.00
2,042.62142.98$2,305.60 735.5435.00$790.54
120.00 20.00
83 2,067.53144.73$2,332.26 744.5135.00$799.51
84 120.00 20.00
$2,358.91$808.48
2,092.44146.47753.4835.00
85 120.00 20.00
2,117.35148.21$2,385.56 762.4535.00$817.45
86 120.00 20.00
2,142.26149.96$2,412.22 771.4235.00$826.42
87 120.00 20.00
2,167.17151.70$2,438.87 780.3935.00$835.39
88 120.00 20.00
2,192.08153.45$2,465.53 789.3635.00$844.36
89 120.00 20.00
2,216.99155.19$2,492.18 798.3335.00$853.33
90 120.00 20.00
2,241.90156.93$2,518.83 807.3035.00$862.30
91 120.00 20.00
2,266.81158.68$2,545.49 816.2735.00$871.27
92 120.00 20.00
2,291.72160.42$2,572.14 825.2435.00$880.24
93 120.00 20.00
2,316.63162.16$2,598.79 834.2135.00$889.21
94 120.00 20.00
2,341.54163.91$2,625.45 843.1835.00$898.18
95 120.00 20.00
2,366.45165.65$2,652.10 852.1535.00$907.15
96 120.00 20.00
2,391.36167.40$2,678.76 861.1235.00$916.12
97 120.00 20.00
2,416.27169.14$2,705.41 870.0935.00$925.09
98 120.00 20.00
2,441.18170.88$2,732.06 879.0635.00$934.06
99 120.00 20.00
2,466.09172.63$2,758.72 888.0335.00$943.03
100 120.00 20.00
2,491.00174.37$2,785.37 897.0035.00$952.00
86
Sponsored by:Earnhart
Introduction:September 26, 2016
Public Hearing: October 10, 2016
Enactment: October 10, 2016
CITY OF SEWARD, ALASKA
ORDINANCE 2016-008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING AND REVISING TITLE10, PUBLIC PEACE,
MORALS AND WELFARE, TO CONFORM WITH MODERN PRACTICE
AND LAW
WHEREAS, most of Title10 was originally adopted in 1971 and is grossly out of date;
and
WHEREAS, several of the existing provisions in Title10 are unconstitutionally vague;
and
WHEREAS, other provisions are duplicative of parts of Title 9; and
WHEREAS, most of the criminal provisions in Title10 are duplicative of Alaska State
law, and in some cases Federal law; and
WHEREAS, it is the practice of the City of Seward to enforce State law where
applicable.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA,HEREBY ORDAINSthat:
Section 1. Seward City Code Section 10.01 through 10.30 are amended as follows:
()
Deletions are BoldStrikethroughs; Additions are Bold/Underline/Italics
TITLE 10 - PUBLIC PEACE, MORALS AND WELFARE
\[1\]
Chapter 10.01. - General Provisions
10.01.010. - Definitions; conformance with state law.
Unless otherwise defined in this title, or where a definition in this titleconflicts with the
laws of the state for the same offense, the definition of the offense contained in the laws of the
state, as interpreted by the courts of the state, shall govern the provisions of this title.
(Ord 378, 1971; Ord. 610, 1988)
87
\[2\]
Chapter 10.05. - Offenses Involving Minors
10.05.010. - Curfew; responsibility of parents, etc.
(a)The purpose of this section is to:
(1)Promote the general welfare and protect the general public through the
reduction of juvenile violence and crime within the city;
(2)Promote the safety and well-being of the city's youngest citizens, persons
under the age of 18, whose inexperience renders them particularly vulnerable
to becoming participants in unlawful activities, particularly unlawful drug
activities, and to being victimized by older perpetrators of crime; and
(3)Foster and strengthen parental responsibility for children.
(b)Definitions.As used within thissection 10.05.010, thefollowing words and phrases
shall have the meanings ascribed to them below:
Curfew hoursmeans the hours of 12:01 a.m. through 5:00 a.m. on any day of the week.
Emergencymeans unforeseen circumstances, or the status or condition resulting
therefrom, requiring immediate action to safeguard life, limb or property. The term includes, but
is not limited to fires, natural disasters, automobile accidents, or other similar circumstances.
Establishmentmeans any privately-owned place of business within the city operated for
a profit, to which the public is invited, including but not limited to any place of amusement or
entertainment. With respect to such establishment, the term "operator" shall mean any person,
and any firm, association, partnership (and the members or partners thereof) and/or any
corporation (and the officers thereof) conducting or managing that establishment.
Minormeans any person under 18 years of age who has not had the disabilities of
minority removed by court order pursuant to AS 09.55.590.
Officermeans a police or other law enforcement officer charged with the duty of
enforcing the laws of Alaska and/or the ordinances of the City of Seward.
Parentmeans:
(1)A person who is a minor's biological or adoptive parent and who has
legal custody of a minor (including either parent, if custody is shared under a
court order or agreement);
(2)A person who is the biological or adoptive parent with whom a minor
regularly resides;
88
(3)A person judicially appointed as a legal guardian of the minor; and/or
(4)A person eighteen years of age or older standing in loco parentis (as
indicated by the authorization of an individual listed in subsection (1), (2), or
(3)of this definition, above, for the person to assume the care or physical
custody of the child, or as indicated by any other circumstances).
Personmeans an individual, and does not mean an association, corporation, or any other
legal entity.
Public placemeans any place to which the public or a substantial group of public has
access, including, but not limited to: streets, highways, roads, sidewalks, alleys, avenues, parks,
and/or the common areas of schools, hospitals, apartment houses, office buildings,
transportation facilities, and shops.
Remainmeans the following actions:
(1)To linger or stay at or upon a place; and/or
(2)To fail to leave a place when requested to do so by an officer or by the
owner, operator or other person in control of that place.
Temporary care facilityrefers to a non-locked, non-restrictive shelterat which minors
may wait, under visual supervision, to be retrieved by a parent. No minors waiting in such
facility shall be handcuffed and/or secured (by handcuffs or otherwise) to any stationary object.
(c)It shall be unlawful for a minor, during curfew hours, to remain in or upon any public
place within the city, to remain in any motor vehicle operating or parked therein or thereon,
or to remain in or upon the premises of any establishment within the city, unless:
(1)The minor is accompanied by aparent;
(2)The minor is involved in an emergency;
(3)The minor is engaged in a parentally approved employment or sport fishing
activity, or is going to or returning home from such activity, without detour or stop;
(4)The minor is on the sidewalk directly abutting a place where he or she resides
with a parent;
(5)The minor is attending an activity sponsored by a school, religious, or civic
organization, by a public organization or agency, or by another similar organization or
entity, which activity is supervised by adult, and/or the minor is going to or returning
from such an activity without detour or stop;
89
(6)The minor is on an errand at the direction of a parent;
(7)The minor is involved in interstate travel through or beginning or terminating
in the City of Seward; or
(8)The minor is exercising First Amendment rights protected by the United States
Constitution, such as the free exercise of religion, freedom of speech and the right of
assembly.
(d)It shall be unlawful for a minor's parents to knowingly permit, allow or encourage
such minor to violate subsection (c) of this section.
(e)It shall be unlawful for a person who is the owner or operator of any motor vehicle to
knowingly permit, allow or encourage a violation of subsection (c) of this section.
(f)It shall be unlawful for the operator of any establishment, or for any person who is an
employee thereof, to knowingly permit, allow or encourage a minor to remain upon the
premises of the establishment during curfew hours. It shall be a defense to prosecution under
this subsection that the operator or employee of an establishment promptly notified the police
department that a minor was present at the establishment after curfew hours and refused to
leave.
(g)It shall be unlawful for any person (including any minor) to give a false name,
address, or telephone number to any officer investigating a possible violation of this section
10.05.010.
(h)Enforcement.
(1)Minors.Before taking any enforcement action hereunder, an officer shall make
an immediate investigation for the purpose of ascertaining whether or not the presence
of a minor in a public place, motor vehicle and/or establishment within the city during
curfew hours is in violation of subsection (c) of this section 10.05.010.
a.If such investigation reveals that the presence of such minor is in
violation of subsection (c) of this section 10.05.010, then:
i.If the minor has not previously been issued a warning for any
such violation, then the officer shall issue a verbal warning to the
minor, which shall be followed by a written warning mailed by the
police department to the minor and his or her parent(s); or
90
ii.If the minor has previously been issued a warning for any such
violation, then the officer shall charge the minor with a violation of this
ordinance and shall issue a summons requiring the minor to appear in
court.
b.As soon as practicable, the officer shall:
i.Release the minor to his or her parent(s);
ii.Place the minor in a temporary care facility for a period not to
exceed the remainder of the curfew hours, so that his or her parent(s)
may retrieve the minor; or
iii.If a minor refuses to give an officer his or her name and
address, refuses to give the name and address of his or her parent(s), or
if no parent can be located prior to the end of the applicable curfew
hours, or if located, no parent appears to accept custody of the minor,
the minor may be taken to a crisis center or juvenile shelter or to a
judge or intake officer of the court orreferred to the Division of Family
and Youth Services to be dealt with in the manner and pursuant to such
procedures as required by law.
(2)Others.If an investigation by an officer reveals that a person has violated
subsections (d), (e), or (f) of this section, and if the person has not previously been
issued a warning with respect to any such violation, an officer shall issue a verbal
warning to the person, which shall be followed by a written warning mailed by the
police department to the person; however, if any such warning has previously been
issued to that person then the officer shall charge the person with a violation and shall
issue a summons directing the person to appear in court.
(Ord. 99-09)
10.05.015. - Abuse of, endangering, etc.
It shall be unlawful for any person to willfully cause or permit any child to suffer, or
inflict thereon, unjustifiable physical pain or mental suffering, or, having the care or custody of
any child, to cause or permit the life or limb of such child to be endangered, or the health of
such child to be injured, or to willfully cause or permit such child to be placed in such situation
that the child's life or limb may be endangered, or the child's health likely to be injured.
91
(Ord. 378, 1971)
10.05.020. - Abuse reports to be kept confidential.
Any report made by a licensed physician to the police or public prosecutor of a
suspected or actual instance of abuse to a minor as defined in 10.05.015shall be confidential,
and such report may not be inspected by or disclosed to any person except officers authorized to
administer the criminal laws of the city or the state, or a law enforcement officer, or in response
to a proper subpoena from a court. Any city employee who violates this section by disclosing or
allowing inspection of such report to an unauthorized person shall be guilty of a violation of this
chapter, and shall be immediately discharged from his office of employment. No report made as
provided in this section or evidence of the making of such report may be used in a civil action
arising out of the report or the making of the report against the physician making the report.
(Ord. 378, 1971; Ord. 610, 1988)
\[3\]
10.05.025. - Sale of firearms to minors.
It shall be unlawful for any person to give, barter, sell, lease or otherwise make available
to any person under the age of 18 years any firearm, including but not limited to pistols, rifles
and shotguns, within the city.
(Ord. 378, 1971)
10.05.030. - Sale of cigarettes to minors.
No person shall sell cigarettes or tobacco in any form to children under 18 years of age.
(Ord. 378, 1978)
10.05.035. - Drunkenness, improper conduct, etc., in presence of minors.
It shall be unlawful for any person, in the presence of any child, to indulge in any
degrading, lewd, immoral or vicious habits or practices, or to be habitually drunk in the
presence of any child in his care, custody or control.
(Ord. 378, 1971)
\[4\]
Chapter 10.10. - Offenses Against Public Peace, Safety and Order
\[5\]
10.10.010. - General offenses.
It shall be unlawfulfor any person to do any of the following:
(1)Be upon any public street or in any public place in a state of drunkenness or
intoxication in such manner as to be obviously visible and offensive to the public;
(2)Beg in any street, alley or public place;
92
(3)Create a disturbance in a public place or at any lawful assembly;
(4)Make, cause or continue, or cause to be made or continued, any unnecessary or
unusual noise, which either annoys, injures, or endangers the comfort, repose, health
or safety of others; and every person who shall make, cause or continue, or cause to
be made or continued, whether in the operation of any machine, or the exercise of any
trade or calling, or otherwise, any noise which either annoys, injures or endangers the
comfort, repose, health or safety of others, unless the making or continuing of the
same is necessary to the protection or preservation of property, or of the health,
safety, life or limb of some person, shall be guilty of an unlawful act under this Title.
(5)Sell or attempt to sell any periodical literature other than daily newspapers or
solicit the sale of magazine subscriptions on the public sidewalks and streets or in any
area of a doorway or entranceway immediately abutting thereon within the city;
(6)Otherwise make any breach of the peace.
(Ord. 378, 1971; Ord. 610, 1988)
\[6\]
10.10.015. - Vagrancy.
Every able-bodied person who, not having visible means to maintain himself, lives idly
without employment, who is found loitering or rambling about the streets, alleys, depots,
terminals or other public places, or lodging in cars, grocery, outhouses, sheds, stables, in the
open air or other places other than such as is kept for lodging purposes, without the permission
of the owner or party enTitled to possession thereof, not giving a good account himself; every
person found in public places begging; every lewd and dissolute person who lives in or about
houses of ill fame; and every common prostitute and every person who shall conduct himself in
a violent, riotous or disorderly manner, or uses any abusive language in any street, alley, house
or place whereby the peace or quiet of the neighborhood or the vicinity may be disturbed, shall
be deemed guilty of vagrancy and in violation of this section.
(Ord. 378, 1971)
10.10.020. - Loitering, etc., on school grounds.
It shall be unlawful for any person to loiter, idle or wander in, about or on any public,
private or parochial school grounds or buildings, either on foot or in or on any vehicle, without
having some lawful business therein or thereabout, or in connection with such school or the
employees thereof; or for any person to do any of the following:
93
(1)Annoy, disturb or otherwise prevent the orderly conduct of classes and
activities of any such school;
(2)Annoy, disturb, assault or molest any student or employee of any such school
while in any such school building or on any school grounds;
(3)Conduct himself in a loud, wanton or lascivious manner in speech or behavior
in or about any such school building or school grounds;
(4)Park or move a vehicle in the immediate vicinity of, or on the grounds of, any
such school for the purpose of annoying or molesting the students or employees
thereof or in an effort to induce, entice or invite students into such vehicles for
immoral purpose (seesection 11.15.065for similar provision).
(Ord. 378, 1971)
\[7\]
10.10.025. - Registration of hotel guests; occupancy of hotel rooms.
(a)All hotel guests, roomers and lodgers shall register their names and addresses with the
person in charge for registering guests.
(b)No hotel room shall be occupied jointly by persons of the opposite sex with the intent
to commit an illegal act or avoid punishment for an illegal act.
(c)No person shall, in registering as required in this section, use any name other than his
own full correct name with the intent to commit an illegal act or escape punishment for
committing an illegal act.
(d)For the purpose of this section, hotels shall include all public lodging places,
including but not limited to hotels, motels, lodging houses, boardinghouses and rooming
houses.
(Ord. 378, 1971)
\[8\]
10.10.030. - Discharge of weapons.
(a)No person shall discharge any firearm, pellet gun, or crossbow within the city except
at an approved range or as noted in subsections (b) and (c) of this section.
(b) Hunting with shotguns using a steel shot size no larger than number 2 shall be allowed
by permit in areas designated for hunting by resolution of the city council.
(c)The use of air rifles, BB guns and long bows is allowedby persons over the age of 16,
or younger when supervised by an adult.
(Ord. 378, 1971; Ord. 93-27)
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10.10.035. - Abandoned refrigerators, iceboxes, etc.
No person shall place, or allow to be placed, any discarded, abandoned, unattended or
used refrigerator, icebox or similar container equipped with an airtight door or lid, snap locks or
other locking device which cannot be released from the inside, in a location accessible to
children, either outside any building or dwelling or within an unoccupied or abandoned
building, dwelling or other structure under his control, without first having removed the door,
lid or locking device. This provision applies equally to the owner of any such refrigerator,
icebox or similar container, and to the owner or occupant ofthe premises where the hazard is
permitted to remain.
(Ord. 378, 1971)
10.10.040. - Possession and discharge of fireworks.
(a)No person shall barter, sell, exchange or give away, or set off, fire or explode, or
cause to be set off, fired or exploded, anyfirecracker, sky rocket, pinwheel, fusee, Roman
candle, bomb or any pyrotechnical contrivance or apparatus of any description within the city
without prior approval of the city council.
(b)No person shall have any firecracker, sky rocket, pinwheel, fuses, Roman candle,
bomb or any pyrotechnical contrivance or apparatus of any description in his possession on
the public streets, parks or any other public place. This subsection shall apply to the
following areas within the City of Seward: Central business district. Defined as that area
including on the north, Jefferson Street; on the west, Third Avenue; on the East, Fifth
Avenue; and south, to the waterfront. Small boat harbor area. Defined as that area including
on the north, Port Avenue; on the south, Van Buren Street; on the west, Third Avenue; and to
the waterfront to include the small boat harbor basin. Forest Acres campground.
(Ord. 316, 1962; Ord. 545, 1985)
10.10.045. - Accumulation or storage of junk, equipment, wrecked automobiles, garbage,
\[9\]
stagnant water, etc.
No owner, lessee, agent, tenant or occupant shall allow or permit any debris, junk or
indiscriminate storage of machinery, equipment parts, wrecked, junked or abandoned
automobile bodies, lumber or other material or any accumulation of garbage, manure, offal,
rubbish, stagnant water or any filthy liquid or substance or anything that is or may become
95
putrid or offensive to be or remain upon his yard, lot or premises or upon anyyard, lot or
premises owned or controlled by him.
(Ord 378, 1971)
10.10.050. - Dangerous excavations, pools, wells, etc.
No person shall keep, maintain or permit a well, swimming pool or other dangerous
excavation (including but not limited to a gravel pit) in the earth uncovered, unprotected,
unfenced or otherwise dangerous or unsafe condition within the city. Any covering shall be
complete and have no unguarded openings. Any fences shall be at least eight feet high of either
solid panel or heavy woven wire construction. Any other protection, including use of watchmen,
shall be fully effective at all times, including night hours.
(Ord. 378, 1971)
10.10.055. - Fortunetelling and other similar practices.
No person shall engage for hire in the practice or occupation of fortunetelling, mind
reading, character reading or phrenology. Acceptance of money or other consideration from one
for whom such acts are performed shall be prima facie evidence that such acts were done for
hire.
(Ord. 378, 1971)
\[10\]
Chapter 10.15. - Offenses Against Persons and Property
10.15.010. - General offenses against property.
No person shall do any of the following:
(1)Maliciously destroy or injure any public property or any private property not
his own;
(2)Drivea vehicle not his own without the owner's consent;
(3)Trespass upon the private property of another without his consent;
(4)Steal any property of a value not exceeding $100.00; provided, that the city
may, at its option, treat as petit larceny the theftof a sum greater than $100.00;
(5)Interfere with, obstruct, mutilate, conceal or tear down any official notice or
placard posted by any city officer without permission from such officer;
(6)Spit upon or otherwise mar or litter any hallway, stairway, sidewalk or steps of
any public building or place of worship or any public park, public beach, public
recreation area or public parking lot;
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(7)Willfully obstruct the free passage of or injure or deface public streets,
highways, sidewalks or alleys by digging or breaking or by placing objects in such
streets, highways, sidewalks and alleys without proper authority from the city official
in charge of such streets, highways, sidewalks or alleys;
(8)Willfully remove, throw down, destroy, extinguish or carry away any light,
obstruction, guard or other similar article or thing erected or placed on any highways,
street, alley, avenue or bridge for the purpose of guarding or enclosing unsafe or
dangerous places without the consent of the person in control of that safeguard or
danger signal.
(Ord. 378, 1971; Ord. 382, 1971)
10.15.015. - Disposal of abandoned or stolen property; returning unclaimed property to
\[11\]
finder.
(a)Property in the possession of the police department.If there is any property in the
possession of the police department that has been stolen and is not claimed by the owner
within 90 days without the conviction of the person for stealing the property, or if there is any
property that has been abandoned andnot claimed within ninety days of the date on which the
police department took possession thereof, or if property is found and delivered to the police
department and ownership is not established within 90 days on which the police department
took possession, the police chief shall, if the owner is not known, publish in a newspaper of
general circulation in the city once a week for four consecutive weeks, that the property is in
possession of the police department, and the property in possession of the police department
may be sold at public auction at a time and place dated in the notice, or if the property is
money, that it will be paid into the city treasury for deposit into the general fund. If, after
notice is given as required herein, the property stillremains unclaimed by the owner, if it is
money, the chief of police shall pay such money to the city treasurer; except that found
money shall be returned to the finder upon request. If it is other property, the chief of police
shall have the property soldat public auction; except that found property shall be returned to
the finder upon request. All requests of finders regarding return of property shall be made to
the chief of police prior to sale at public auction. Any finder who fails to make his requestas
so provided shall forfeit all right, Titleand interest to any found property. Before returning
property to a finder or before paying any money to the city treasurer, the chief of police may
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require compensation of the proportionate cost of publicationand sale attributable to the
property or money delivered. Provisions of this section shall not apply to property coming
into the possession of the police department which the chief of police determines to be
dangerous or perishable. Such property may be disposed of immediately, without notice, in
such manner as the chief of police determines to be in the public interest.
(b)Other abandoned property.Any other abandoned property which is not turned over to
the police department may be disposed of by the city manager in the following manner: The
city manager or his deputy shall first determine whether or not the property is in fact
abandoned property. If the property has been abandoned, and appears to have some value, it
shall be disposed of at public auction in the same manner as provided in subsection (a) for
property in the possession of the police department. If the property is not sold at public
auction, or if the city manager shall determine that it is valueless and not sellable at public
auction, it shall be disposed of as rubbish.
(Ord. 378, 1971; Ord. 382, 1971)
\[12\]
10.15.020. - Assault and battery; jostling, crowding, etc.
(a)No person shall commit assault and battery.
(b)No person shall jostle or roughly crowd people unnecessarily in any street, alley or
public place.
(Ord. 378, 1971)
10.15.025. - Indecent assault.
It shall be unlawful for any male person over the age of 18 years to take indecent
liberties with or on the person of any female of chaste character without her consent.
(Ord. 378, 1971)
10.15.030. - Obtaining money, property, etc., by false pretenses.
No person shall obtain money, property or other thing of value, including, but not
limited to, the use of coin vending devices or the use of any public utility service, by false
pretensesor representations, or use of any device or means by which the use of any such
machine or service is secured without paying or contracting to pay the established consideration
therefor or the consideration for the use thereof is charged to another person without the
authorization or subsequent consent of such person.
(Ord. 378, 1971)
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10.15.035. - Issuing checks on insufficient funds.
(a)No person shall make, draw, utter or deliver any check, draft or order for the payment
of money upon any bank or other depository, knowing at the time of such making, drawing,
uttering or delivering that the maker or drawer has not sufficient funds in, or credit with, such
bank or other depository for the payment of such check, draft or order in full, upon its
presentation, and without fully informing the payee of such check, draft or order, or the
person to whom it is delivered, at the time of the making, uttering, drawing or delivering such
check, draft or order has not sufficient funds in or credit with such bank or other depository
for the payment of such check, draft or order, in full, upon presentation; or, any person who
having such funds or credits at the time of making, drawing, uttering or delivering such
check, draft or order sufficient for payment of the same, has knowingly drawn, made, uttered
or delivered other checks, drafts or orders which, if presented in due course, would have
exhausted such funds or credits, or knowing at the time of the making, uttering, issuing or
delivery of such check, draft or order, that for other reasons such funds or credits would be
exhausted by the time such check, draft or order would be presented; or any person who shall
knowingly, after drawing, making, uttering or delivering such check, draft or order, by any
means, exhaust thefunds or credits upon which such check, draft or order is drawn before it
is presented for payment.
(b)As against the maker or drawer thereof, the making, drawing, uttering or delivering of
a check, draft or order, payment of which is refused by the drawee, shall be prima facie
evidence of knowledge of insufficient funds in or credit with such bank or depository;
provided, that such maker or drawer shall not have paid the drawee thereof the amount due
thereon, together with all cost and protest fees, within two days after receiving notice that
such check, draft or order has not been paid by the drawee.
(c)The word "credit" as used in this section shall be construed to mean an arrangement or
understanding with the bank or depository for the payment of suchcheck, draft or order.
(Ord. 378, 1971)
Chapter 10.20. - Offenses Against Public Morality and Decency
10.20.010. - General offenses.
No person shall do any of the following:
(1) Utter any profanity, indecent or improper language in a public place;
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(2)Engage in window peeping;
(3)Engage in any indecent, immoral or obscene conduct in any street, alley or
public place;
(4)Make an immoral exhibition or exposure of his person;
(5)Accost another person and attempt to entice such other person into any
automobile, building, bushes, wooded area, secluded area or any remote public or
private place;
(6)Print, engrave, sell, offer for sale, give away, exhibit or publish or have in his
possession for any such purpose, any obscene, lewd, lascivious, indecent or immodest
book, pamphlet, paper, picture, cast statuary, image or representation' or other article
of an indecent or immoral nature, or any book, paper, print, circular or writing made
up principally of pictures or stories of immodest deeds, lust or crime, or exhibit any
such article within the view of any passerby.
(Ord. 378, 1971)
10.20.015. - Prostitution, lewdness, assignation, etc.
(a)Prostitution means the giving or receiving of the body for sexual intercourse for hire.
Lewdness means any indecent or obscene act. Assignation means the making of any
appointment or engagement for prostitution or lewdness or any act in furtherance of such
appointment or engagement.
(b)No person shall engage in prostitution, lewdness or assignation.
(c)No person shall solicit, induce, entice, invite, compel, force, require or procure another
to commit an act of lewdness, assignation or prostitution.
(d)No person shall maintain or operate any place, house, building, other structure or part
thereof or vehicle or trailer used for the purposes of lewdness, assignation or prostitution, or
let, lease or rent any such place, premises or conveyance or part thereof to another with
knowledge or reasonable cause to believe that the intention of the lessee is to use such place,
premises or conveyance for prostitution, lewdness or assignation.
(e)No person shall offer, or offer to secure, another for the purpose of prostitution, or for
any other lewd or indecent act.
(f)No person shall direct, take or transport, or offer or agree to take or transport, or aid or
assist in transporting another to any house, place, building, other structure, vehicle, trailer or
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to any other person with knowledge or reasonable cause to believe that the purpose of such
directing, taking or transporting is prostitution, lewdness or assignation.
(g)No person shall knowingly accept, receive, levy or appropriate any money or other
thing of value without consideration from a prostitute or from the proceeds of any women
engaged in prostitution.
(h)No person shall attend or frequent, reside in, enter or remain in any house, place,
building or other structure, or enter or remain in any vehicle or trailer for the purpose of
prostitution, lewdness or assignation.
(i)No person shall attend or frequent, reside in, enter or remain in any place where
prostitution, lewdness or assignation is practiced, encouraged or allowed.
(j)In prosecutions under this section, common fame shall be competent evidence in
support of the complaint and testimony concerning the reputation of any place, structure, or
building and of the person or persons who reside in or frequent the same and of the defendant
shall be admissible in evidence in support of the charge.
(Ord. 378, 1971)
10.20.020. - Gambling.
(a)No person shall receive or accept any money or thing of value with the agreement or
understanding that any money or thing of value will be paid or delivered to any person where
such payment or delivery is or will be contingent upon the result of any race, contest, game,
mechanical device or upon the happening of any event not known by the parties to be certain.
The term "thing of value," as used in this section shall include everything having value
whether intrinsic or not. It shall not be a violation of this section to conduct raffles, bingo, ice
pools and related activities of a bona fide nonprofit nature under a valid and existing permit
issued pursuant to law by the department of revenue of the state. The burden of proving that
the act complained of falls within the exception noted in this paragraph shall be upon the
person charged.
(b)No person shall attend or frequent or invite another to attend or frequent any place
where gambling is permitted or any place operated or occupied as a common gambling house
or room.
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(c)No person shall have in his possession any policy or pool tickets; any slips or checks
or memoranda of any combination or bet; any policy or pool books or sheets; or any policy
wheel, implement, apparatus or material of any form of gamblingor lottery.
(d)No person shall maintain a gambling or lottery room; policy wheel or gambling table
of any game of skill or chance, or partly of skill and partly of chance, used for gaming; or
permit the same on any premises occupied or controlled by him.
(e)Every person who maintains for use or permits the use of, on any place or premises
occupied by him, a coin-operated amusement or musical device, shall comply with all of the
laws of the state pertaining to the licensing thereof. Failure of every person who so maintains
for use, or permits the use of, on any place or premises occupied by him, to comply with the
licensing laws of the state relating to such devices shall be a violation of this section.
(f)No person shall permit gambling of any nature on any premises occupied or
controlled by him.
(g) All money or things of value confiscated as evidence under this section shall upon
conviction of, or upon forfeiture of bail of any person or persons so charged, become the
property of the city and the money shall forthwith be transmitted to the general fund of the
city.
(Ord. 378, 1971)
Chapter 10.25. - Offenses Against Public Justice
10.25.010. - General offenses.
No person shall do any of the following:
(1)Solicit a person for the purpose of committing anyillegal act;
(2)Engage in any illegal occupation or business;
(3)Attend or frequent any place in which an illegal business is permitted or
conducted.
(Ord. 378, 1971)
10.25.015. - Resisting arrests; aiding escapes from police custody; impersonation of police
officers.
No person shall do any of the following:
(1)Resist arrest by a police officer or assist a person in custody of a police officer
to escape;
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(2)Impersonate a police officer or, without authority, attempt to exercise his
powers.
(Ord. 378, 1971)
10.25.020. - False crime reports.
It shall be unlawful for any person to register, make, render or report any false alarm,
report or complaint to the police department.
(Ord. 378, 1971)
10.25.025. - Escapes from jail.
No person, who has been confined to the city jail, or any city institution provided for
prisoners, shall escape from such jail or institution. It shall be unlawful for any person to aid or
abet or in any way contribute in any manner to the aid of any person to escape or attempt to
escape from such city jail or institution provided for prisoners.
(Ord. 378, 1971)
Chapter 10.30. - Drugs, Narcotics and Items Designed or Marked For Use With Controlled
Substances
10.30.010. - Definitions.
As used in this chapter, the following terms shall have the meanings as defined herein:
(1)Controlled substance. Means a narcotic drug as defined in AS 17.10.230(13) and
as supplemented by any regulations adopted under AS 17.10; and a depressant,
hallucinogenic, or stimulant drug as defined in AS 17.12.150 (3), and as supplemented by
any regulations adopted under AS 17.12
“controlled substances” as that term is
.
defined in AS 11.71.900 and any amendments thereto and subject to AS 17.38
(2)Items designed or marketed for use with controlled substances. Are those items,
objects or effects which are principally used with controlled substances by virtue of
features designed by the manufacturers and/or those items which are intentionally
displayed and marketed in a manner that appeals to or encourages illegal use of
controlled substances and includes but
except to the extent permitted under AS 17.38,
is not limited to:
a.Kits designed or marketed for use in planting, propagating, cultivating,
growing or harvesting of any species of plant which is a controlled substance or
from which a controlled substance can be derived;
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b.Kits designed or marketed for use in manufacturing, compounding,
converting, producing, processing, or preparing controlled substances;
c.Isomerization devices designed or marketed for use in increasing the
potency of any species of plant which is a controlled substance;
d.Testing equipment designed or marketed for use in identifying or in
analyzing the strength, effectiveness or purity of controlled substances;
e.Scales and balances designed or marketed for use in weighing or
measuring controlled substances;
f.Diluents and adulterants, such as quinine hydrochloride, mannitol,
mannite, dextrose and lactose, designed or manufactured for use in cutting
controlled substances;
g.Separation gins and sifters designed or marketed for use in removing twigs
and seeds from, or in otherwise cleaning or refining marijuana;
h.Blenders, bowls, containers, spoons and mixing devices designed or
g.
marketed for use in compounding controlled substances;
i.Capsules, balloons, envelopes and other containers designed or marketed
h.
for use in packaging small quantities of controlled substances;
j.Containers and other items designedor marketed for use in storing or
i.
concealing controlled substances;
k.Hypodermic syringes, needles and other items designed or marketed for
j.
use in parenterally injecting controlled substances into the human body;
l.Items designed or marketed foruse in ingesting, inhaling, or otherwise
k.
introducing marijuana,cocaine, hashish, or hashish oilinto the human body, such
as:
1.Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with
or without screens, permanent screens, hashish heads, or punctured metal
bowls;
2.Water pipes;
3.Carburetion tubes and devices;
4.Smoking and carburetion masks;
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5.Roach clips: meaning items used to hold burning material such as a
marijuana cigarette that has become too small or too short to be held in the
hand;
6.cocaine spoons and cocaine vials;
Mminiature.
7. Chamber pipes;
8. Carburetor pipes;
9.Electric pipes;
10.Air-driven pipes;
11.Chillums;
12.Bongs;
13.Ice pipes or chillers.
(3)In determining whether an item is designed or marketed for use with controlled
substances, a court or other authority should consider, in addition to all other logically
relevant factors, the following:
a.Statements by a licensee under this chapter or by anyone in control of the
item concerning its use;
b.Prior convictions, if any, of a licensee under or of anyone in control of the
item under any state or federal law relating to any controlledsubstance;
c.The proximity of the object in time and space to a direct violation of AS
17.10 or AS 17.12;
d. The proximity of the object to controlled substances;
e. The existence of any residue of controlled substances on the object;
f.Direct or circumstantial evidence of the intent of a licensee under this
chapter or of anyone in control of the item to deliver it to persons whom he knows
or should reasonably know, intend to use the item to facilitate a violation of AS
17.10 or AS 17.12 ; the innocence of an
except as permitted under AS 17.38
owner, or of anyone in control of the item as to a direct violation of AS 17.10 or
AS 17.12 shall not prevent a finding that
except as permitted under AS 17.38
the item designed or marketed for use with controlled substances;
g. Instructions, oral or written, provided with the item concerning its use;
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h.Descriptive materials accompanying the item which explain or depict its
use;
i.National and local advertising concerning its use;
j.The manner in which the item is displayed for sale;
k.Whether the licensee under this chapter, or anyone in control of the item,
is a legitimate supplier of like or related items to the community such as a
licensed distributor or dealer of tobacco products;
l.Direct or circumstantial evidence of the ratio of sales of the item(s) to the
total sales of the business enterprise;
m.The existence and scope of legitimate uses for the item in the community;
n.Expert testimony concerning its use.
10.30.015. - Possession and use of narcotics.
(a)The term "narcotics" as used in this section shall mean any drug which is defined and
enumerated under§ 40-3-1(14), ACLA 1949, as amended; Title21 USCA § 502, as
8
amended; and Title26 USCA § 4731, as amended; including any presidential proclamations
therein.
(b)No person shall have possession of, use or be addicted to the use of narcotics or be under
the influence of narcotics, except when such narcotics are or
as permitted under state law or
have been prescribed or administered by or under the direction of a person licensed by the United
States or the state to prescribe and administer narcotics.
(c)It shall be a defense when any person is charged with possession of narcotics to show that
he is a member of a class licensed by the United States or the state to buy, sell, prescribe and
administer narcotics. Such licensed class may include but is not necessarily limited to physicians,
pharmacists, dentists, veterinarians, drug manufacturers and drug suppliers.
10.30.020. - Possession and use of dangerous drugs.
(a)The term "dangerous drug" as used in this section shall mean any veronal, barbital (acid
diethylbarbituric or other barbituric acid derivative of their salts), or derivatives, or compounds
or preparations containing the foregoing; and acetylurea derivatives, chloral, paraldehyde,
sulfonmethane derivatives or compounds, preparations or mixtures containing any of the
foregoing. Any amphetamine, desoxyephedrine (methamphetamine), mephenteramine, pipradol,
phenmetrazine methylphenidate or any salt mixture or optical isomer thereof, if the drug, salt
106
mixture or optical isomer has a stimulating effect on the central nervous system, shall be
classified a dangerous drug within the intent of this section
except as permitted under state
.
law
(b)No person shall have possession of, use or be addicted to the use of any dangerous drug
or be under the influence of any dangerous drug
,
except as permitted under state law
except when such dangerous drug is or has been prescribed or administered by or under the
and
direction of a person licensed by the United States or the state to prescribe and administer
dangerous drugs.
(c)It shall be a defense when any person is charged with possession of any dangerous drug
to show that he
or she is permitted to possess the dangerous drug under state law and/or
is a member of a class licensed by the United States or the state to buy, sell,
that he or she
prescribe and administer dangerous drugs. Such licensed class may include but is not necessarily
limited to physicians, pharmacists, dentist, veterinarians, drug manufacturers and drug suppliers.
(d)It shall be a defense when any person is charged with possession of any dangerous drug
to show that the dangerous drug was mixed with a sufficient quantity of another drug or drugs to
cause the compound or mixture to create other than an hypnotic or somnifacient effect on the
person; or to create other than a stimulating effect on the central nervous system. No prosecution
for possession of dangerous drugs shall be commenced against any person who has any
compound or mixture of a dangerous drug which is intended for use as a spray or gargle or
liniment, for external application, if such compound or mixture contains some otherdrug or
drugs rendering it unfit for internal use and the compound or mixture was purchased in good
faith to be used for legitimate medical purposes and not for the purpose of evading the provisions
and intent of subsection (b) of this section.
10.30.025. - License required.
It shall be unlawful for any person or persons as principal, clerk, agent or servant to sell
any item which is designed or marketed for use with controlled substances unless
otherwise
such person shall have a license for such sale issued by the
permitted in this code or unless
clerk of the City of Seward in accordance with this chapter. Such licenses shall be in addition to
any or all other licenses held by applicant.
Section 2. This ordinance shall take effect ten (10) days following its enactment.
107
th
ENACTED by the City Council of the City of Seward, Alaska, this 10day of October,
2016.
THE CITY OF SEWARD, ALASKA
________________________________
Jean Bardarson, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
______________________________
Brenda J. Ballou, CMC
Acting City Clerk
(City Seal)
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109
110
111
Sponsored by: Planning and Zoning Commission
CITY OF SEWARD, ALASKA
RESOLUTION 2016-059
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, OFFICIALLY CORRECTING THE MISSPELLING OF THE
RIGHT OF WAY CURRENTLY KNOWN AS CHAMBERLAIN ROADTO
CHAMBERLIN ROADLOCATED ON THE WEST SIDE OF THE
SEWARD LAGOON
HEREAS, in honor of a former City mayor, the Seward City Council approved
W
Resolution No. 90-109 renaming Government Road to Chamberlain Road, located in the Cliff
Addition and identified as the road traversing along the west side of the Seward Lagoon; and
WHEREAS, E. E. Chamberlin (Erford E. Chamberlin) for whom the road was named
was a long time resident of Seward, former City Councilman, Mayor,and Territorial Senator
who lived along this road; and
WHEREAS, Council Resolution 90-109 misspelled the honored resident’s name;
through research it was discovered that the correct spelling of the former Mayor’s name was E.
E.Chamberlin; and
WHEREAS, notification of this misspelling was brought forward by local historian Lee
Poleske; and
WHEREAS, it is appropriate to correctly recognize historically important citizens of our
community in order to promote local heritage; and
WHEREAS,on August 17, 2016 the Seward Historic Preservation Commission
approved Resolution 2016-02 recommending the Planning and Zoning Commission support and
forward to Council for adoption the name spelling correction; and
WHEREAS, having complied with the public notification process, on September 6, 2016
the Seward Planning and Zoning Commission held a public hearing and approved Resolution
2016-11 recommending the Council approve the name spelling correction from Chamberlain
Road to Chamberlin Road; and
WHEREAS,the official naming or re-naming of any drive surface within the City must
be designated by a platting action or a Resolution of the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA that:
Section 1.The Seward City Council approves the spelling correction of Chamberlain
Road, correcting it to Chamberlin Road, in honor of former City Councilman, Mayor,and
112
CITY OF SEWARD, ALASKA
RESOLUTION 2016-059
___________________________
Territorial Senator E. E. Chamberlin, who lived along this road.
Section 2.This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVEDby the City Council of the City of Seward, Alaska, this
th
26day of September 2016.
THE CITY OF SEWARD, ALASKA
Jean Bardarson, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
______________________
Brenda J. Ballou, CMC
Acting City Clerk
City Seal)
(
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Sponsored by: Hunt
CITY OF SEWARD, ALASKA
RESOLUTION 2016-060
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA,AUTHORIZING A 90-DAY EXTENSION TO THE LEASE WITH
THE U.S. DEPARTMENT OF ARMY FOR LOT 9A, FORT RAYMOND
SUBDIVISION REPLAT NO. 1(U.S. ARMY REC CAMP)
WHEREAS, the City of Seward and the U.S. Army Engineer District, Alaska entered into
U.S. Government Lease No. DACA85-5-86-20 on December 17, 1985, which lease has been
amended threetimes; and
WHEREAS,this lease covers the property known as the U.S. Army Recreation Camp in
Seward, Alaska, and the lease expires on September 30, 2016; and
WHEREAS,the city manager is authorized by Seward City Code §7.05.410 to negotiate
short-term leases subject to council approval at the next regularly scheduled city council meeting, so
long as the lease does not exceed 120 days in length and contains no provisions for optional terms,
provided the lease is subject to suspension during the first 30 days after passage of resolution if a
sufficient referendary petition is filed in accordance with Section 4.8 of the City Charter; and
WHEREAS, the parties request a 90-day extension to the lease in order to finalize
negotiations on a new lease which will, among other things, incorporate standard lease language for
City leases which represent substantive changes to the lease language as compared to the lease
initially approved in 1985.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The City Council hereby approves Supplemental Agreement No. 4 to the lease of
Lot 9A, Fort Raymond Subdivision Replat No. 1 between the City of Seward and the U.S. Army
Engineer District, Alaska, expiring December 31, 2016, in substantial form as attached hereto.
Section 2. The lease provides for payment, in arrears, of $4,500 for the period October 1,
2016 through December 31, 2016.
Section 3. This resolution shall take effect immediately upon its adoption.
th
PASSED AND APPROVEDby the City Council of the City of Seward, Alaska, this 26
day of September, 2016.
133
134
135
136
137
2712
250763684
2015
1,5854,868
(2,644)
Pr. Year
22
164509
877367
JulyDecember
2016
1,5854,360 7,3527,4937,8618,1774,1335,545
Actual
(3,750)(3,728)(2,632)
Total Current LiabilitiesTotal Net Assets
LIABILITIES & NET ASSETS Current Liabilities:Accounts PayableAccrued CompensationPayable to Contractual AgenciesDeferred Revenue/Unearned PremiumsOther Current LiabilitiesLong-Term Debt:Total
Other LT Liabilities Total Liabilities Net Assets:UnrestrictedTemporarily Restricted Total Liabilities and Net Assets
138
--
2927
109200448713
2015
(448)(228)
1,7324,718
Reported as of July 2016
(1,754)
Pr. Year
Providence Health & Services
Balance Sheet (in Thousands)
110 - PROVIDENCE SEWARD MED CENTER - MGD
-
0
4914 70220
312570 570713
JulyDecember
2016
(191)(191)200(242)
1,1196,298 3,6834,4124,1335,545
Actual
(1,120)(1,384)(1,292)
Total Assets
Less: Contractual AllowanceLess: Allowance for Doubtful Accounts Total Current AssetsAssets Whose Use is LimitedProperty Plant Equipment NetTotal Other LT Assets
ASSETS Current Assets:Cash and Cash EquivalentsMgmt Designated Cash & Cash Equiv.Accounts ReceivableAffiliate ReceivableOther ReceivablesSupplies InventoryOther Current AssetsAssets
Whose Use is Limited:Funds Held for Long Term PurposesProperty, Plant & Equipment:Property Plant Equipment GrossAccumulated DepreciationOther Assets:Other Assets
-
20.1%
(26.9%)
-
1445.7%
71(70.6%)19
152(31.8%)667(15.6%)44523.1%
(166)567.7%
9,465(11.2%)6,1234,68921.8%5,4115.1%1,609(2.9%)1,390(5.7%)9,6131.1%9,6131.1%1,438(70.4%)1,438(70.4%)
15,5871.1%11,050(8.2%)
10,898(7.9%)
(1,603)(4.5%)
-
- -
25.2%
--- -
Year-To-Date
986.1%14
190(89.0%)629(10.6%)39439.0%
5,8714,90816.4%5,767(1.4%)1,693(7.7%)1,2514.8%9,938(2.2%)9,938(2.2%)1,254(66.1%)1,254(66.1%)1,254(66.1%)
10,130(17.1%)16,001(1.5%)11,093(9.5%)11,191(9.4%)
77
2114
104562548 426426
8,4017,3525,7135,6871,5621,311 9,7199,719
ActualBudget% VariancePr. Year% Variance15,75310,04010,144
(1,106)
139
Reported as of July 2016
Providence Health & Services
Statement of Operations (in Thousands)
110 - PROVIDENCE SEWARD MED CENTER - MGD
Gross Service Revenues:Total Outpatient Gross Service Rev Total Gross Service RevenuesTotal Net Operating Revenues Expenses from Operations:Other Expenses from Operations:Depreciation
Expense Excess of Rev Over Exp from OPSExcess of Rev Over Exp Other Activity-Unrestricted(1,531)Increase (Decrease) in UR Net Assets
-
-Interest and Amortization -Taxes and Licenses -
55.1%
---
2
14(16.8%)Other Operating Rev27(50.8%)Professional Fees Expense97(19.2%)Supplies5620.0%Other Expenses
70170.1%Total Deductions & Bad Debt888(7.1%)Salaries and Wages246(12.0%)Employee Benefits1799.3%Purchased Services Expense 409(68.0%)409(68.0%)409(68.0%)
1,541(29.0%)Total Inpatient Gross Service Rev1,051 2,5925.1%1,891(19.1%)Net Service Revenue1,905(19.0%)1,496(5.7%)Other Expenses from Operations1,496(5.7%)Total Operating Expenses
Month-To-Date
276
12137868
825216195 131131
1,0941,629 2,723 1,193 1,5301,5421,4111,411
ActualBudget% Variance
(1,531)(1,400)
-----------
9 0 0
(166)
1,438
(1,603)
Prior Year to DatePrior Year to Date
-----------
9 9
122210
426
(2,644)(1,839)(1,531)(1,106)(3,750)(2,004)
UNRESTRICTED FUNDS
TEMPORARILY RESTRICTED FUNDS
140
Current Year to DateCurrent Year to Date
Reported as of July 2016
Providence Health & Services
110 - PROVIDENCE SEWARD MED CENTER - MGD
Statement of Changes in Net Assets (in Thousands)
Total Change in Net AssetsTotal Change in Net Assets
Beginning of Year Excess of Revenues Over ExpensesRestricted Contributions & GrantsNet Assets Released from Rest.Interdivision TransfersNet Assets (Liabilities) AssumedUnrealized Gains
(Losses) on Invest. Extraordinary Items & Other Ending BalanceBeginning of Year Investment and Other IncomeRestricted Contributions & GrantsNet Assets Released from Rest.Interdivision
TransfersNet Assets (Liabilities) AssumedUnrealized Gains (Losses) on Invest. Extraordinary Items & Other Ending Balance
--------------
0
(165)
1,438
(1,829)(1,603)
Prior Year to DatePrior Year to Date
----------------
9
426
(2,632)(1,531)(1,096)(3,728)(1,995)
TOTAL ALL FUNDS
PERMANENTLY RESTRICTED FUNDS
141
Current Year to DateCurrent Year to Date
Reported as of July 2016
Providence Health & Services
110 - PROVIDENCE SEWARD MED CENTER - MGD
Statement of Changes in Net Assets (in Thousands)
Total Change in Net AssetsTotal Change in Net Assets
Beginning of Year Investment and Other IncomeRestricted Contributions & GrantsNet Assets Released From Rest.Interdivision TransfersNet Assets (Liabilities) AssumedUnrealized Gains (Losses)
on Invest. Extraordinary Items & Other Ending BalanceBeginning of Year Excess of Revenues Over ExpensesInvestment and Other IncomeRestricted Contributions & GrantsNet Assets Released
From Rest.Interdivision TransfersNet Assets (Liabilities) AssumedUnrealized Gains (Losses) on Inv.Extraordinary Items & Other Ending Balance
409
July
2015
(1,603)
(1,603)
--
July
2016
(613)793
1,1191,202
Net Cash Provided by Used in Fin Act
Financing Activities:Interdivision Transfers and Other Increase (Decrease) in Cash & Cash Equiv.Cash and Cash Equiv - Beginning of Period1,732Cash and Cash Equiv - End of Period Supplemental
Disclosure:
142
0
19
237960241
July
2015
(165)(223)(465)
1,603 2,895
Reported as of July 2016
Providence Health & Services
Statement of Cash Flows (in Thousands)
-
0
110 - PROVIDENCE SEWARD MED CENTER - MGD
14
273391 534
July
2016
(300)(174)
(1,096)(1,283)
Net Cash Provided by Used in Op ActNet Cash Provided by Used in Inv Act
Operating Activities:Change in Net AssetsAdjustments to Reconcile Net Cash Provided by Operating ActivitiesDepreciationProvision for Bad DebtsNet Real/Unreal Gains Losses on InvestNet
Assets Cont /Assumed and OtherChanges in Certain Current Assets/LiabIncrease Decrease in Other LiabilitiesInvesting Activities:Proceeds on the Sale of InvestmentsFM Increase Decrease
in Other Long-Term Assets143(242)
143
144
145
MEETINGNOTES:
146