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HomeMy WebLinkAboutRes1992-164 . . . Sponsored by: Schaefenneyer CITY OF SEWARD, ALASKA RESOLUTION NO. 92.-164 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROPRIATING FUNDS FOR THE PURCHASE OF NEW TRASH CONTAINERS FOR THE DOWNTOWN AREA WHEREAS, aging trash containers in the downtown area are unattractive and contribute to offensive odors caused by leakage from the containers; and WHEREAS, it is in the public interest to replace these trash containers; and WHEREAS, the city has selected replacement trash containers which are both decorative and built to withstand adverse weather conditions; and WHEREAS, the replacement of the trash containers is not a budgeted expense and will, therefore, require an amendment to the FY 1993 general fund budget; and WHEREAS, record setting campground fee collections and an increase in sales tax collections over the summer months should provide sufficient additional general fund revenues to cover the cost of purchasing the needed trash containers; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The sum of $9,390 is hereby appropriated to the FY 1993 General Services Account No., 101-1180-5930 from the General Fund Fund Balance Account No. 101-3070, and the budget is amended accordingly. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 14th day of December, 1992. THE CITY OF SEWARD, ALASKA ~ W. O~ J Dave W. Crane, Mayor . TITLE PAGE Revision No.3, Replaces Revision No.2 CITY OF SEWARD SEWARD MARINE INDUSTRIAL CENTER SHIPLIFf SYSTEM TARIFF NO.1 AMENDMENT NO.3 . Naming Rules, Rates, Charges and Regulations for City of Seward Seward Marine Industrial Center Shiplift System Located at Seward, Alaska Issued by City of Seward PO Box 167 Seward, Alaska 99664 . Approved: September 28, 1992 Effective: October 15, 1992 . . . SMIC Shiplift System Tariff No.1 PAGE NO.1 Revision No.3 Replaces Revision No.2 CHECK SHEET FOR TARIFF REVISIONS Changes in this tariff will be supplied from time to time in loose leaf form. Upon receipt of revised or additional pages, amendment number appearing at the bottom left margin of each such page should be checked off against amendment number listed below. If all amendments are correctly checked on receipt, checks should be consecutive with no omissions. Should interruption in sequence be noted, request for missing amendments may be directed to the City Clerk. Amendment Page Amendment Page Amendment Page Amendment Page Number No. Number No. Number No. Number No. 1 3 32 11 21 31 2 3 35 12 22 32 3 3 42 13 23 33 4 3 43 14 24 34 5 3 44 15 25 35 6 3 45 16 26 36 7 3 46 17 27 37 8 3 47 18 28 38 9 3 48 19 29 39 10 20 30 40 AMENDMENT NO.3, ISSUED: 09128t92 EFFECTIVE: 10/15/92 . . . SMIC Shiplift System Tariff No. 1 PAGE NO. 32 Revision No.1 Replaces Original Page Subsection LABOR AND SERVICES CHARGES 220 A labor and service charge is assessed, in addition to any other charges set forth in this tariff, for all labor performed by the city personnel in operating the shiplift system for a vessel and for specific services provided by the city of Seward or its agents. Service charges do not include charges for dockage, wharfage, wharf demurrage, and handling. A. Specific Services. The following rates shall apply for services provided by the city of Seward: 1. Water provided to vessels a. Connect fee b. 0-25,000 gallons PLUS connect fee c. 25,000+ gallons PLUS connect fee 125.00 $ 30.00 75.00 2. Electricity (per kilowatt) a. Connect fee b. Usage (per kwh) o to 5,000 kwh 5,001 to 20,000 kwh 20,001+ kwh 0.20 0.15 0.12 20.00 B. Labor/Personnel. I. When labor is furnished by the city to operate the shiplift system in the normal course of lifting vessels Q! at the request of a user, it is expressly stipulated that the city acts solely as agent of user. The city shall charge for labor provided by the city for the following services: 1. all labor associated with or necessary to the operation of the shiplift system and all services not specifically described in this Tariff; 2. services of cleaning the shiplift system, 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. AMENDMENT NO.3, ISSUED: 09128192 EFFECTIVE: 10/15/92 . . . SMIC Shiplift System Tariff No. 1 PAGE NO. 35 Revision No.2 Replaces Revision No.1 Subsection SHIPLIFT SYSTEM USE PERMIT FEE 230 A. Definition. A fee charged for obtaining a Shiplift System Use Permit from the City. The Permit Fee is based on a determination by the City Council of the Availability Cost of the Shiplift which is the estimated costs incurred by the City in making the Shiplift System available for use by Permit Holders. Those costs include insurance costs for insuring the Shiplift System from property damage and liability coverage, annual inspection fees, annual maintenance costs attribut- able to making the shiplift operationally ready, cathodic protection, and the repayment of funds borrowed from the City's General Fund by reason of prior years' revenues from operations falling short of actual costs incurred. B. Determination of Availability Cost and Shiplift Use Permit. c. The City Council shall set the Availability Cost figure for a one year period, subject to the City's right to amend that figure and Permit Holders' right to terminate the Shiplift System Use Permits as set forth in Paragraph 4 of the Permit attached to this tariff. For the period beginning July 1, 1992, through June 30, 1993, the Availability Cost is $300,000. AMENDMENT NO.3, ISSUED: 09128192 EFFEClTVE: 10n~2 . . . SMIC Shiplift System Tariff No.1 PAGE NO. 42 Revision No.1 Replaces Original Page SEWARD MARINE INDUSTRIAL CENTER SHIPLIFT SYSTEM USE PERMIT Name of Operator: Address: Phone: Date of Application: Date of Approval: RULES GOVERNING OPERATION OF SHIPLIFT SYSTEM 1. SCHEDULING. A. All scheduling and Rules of operation in the Seward Marine Industrial Center Shiplift System Tariff No.1 ("the Tariff") as filed with the Federal Maritime Commission shall apply to this agreement. B. The City will attempt to meet requested lift schedules. Lifts will be performed at such time as the City, in its sole discretion, may elect, and return of a vessel to the water shall similarly be accomplished at such time as the City, in its sole discretion, may elect. Vessels late for scheduled lifts in excess of () hours will be subject to reschedule at the harbormaster's discretion. C. No scheduling may be done by telephone. All applications for a lift must be made in writing and on the form provided in the Tariff. D. The owner or captain of a vessel must sign the request for a lift and consent to be bound by the terms of this permit and all applicable harbor rules and regulations prior to the lift. E. Permit holder agrees that the City shall not be liable to permit holder or others for any damage or loss (including without limitation, business or other consequential damages) by virtue of the scheduling of the lift, any delays in the operations, or any failure to lift the vessel by virtue of equipment malfunction or other cause, except for those damages directly caused by the City's own negligence. 2. TERM. This permit will be effective on and only after compliance with all the provisions of Paragraph 6. [Paragraph 6 contains the insurance provisions.] This permit is subject to and governed by the City of Seward Marine Industrial Center Shiplift System Tariff No.1 as filed and amended from time to SHIPLIFT SYSTEM USE PERMIT AMENDMENT NO.3, ISSUED: 09!J13/92 EFFECTIVE: 10/15/92 . . . SMIC Shiplift System Tariff No. 1 PAGE NO. 43 Revision No.1 Replaces Original Page time with the Federal Maritime Commission and is not intended to grant an exclusive preferential use of a public facility. The term of this permit shall expire on . No holder of a permit shall have any preferential right to obtain a new or renewed permit, nor to continue any terms and conditions of an existing permit beyond the original term thereof. Upon the termination of this permit for any reason, including the expiration of the term, Permit Holder will comply with all the provisions of Paragraph 13 [termination]. 3. CHARGES. Lifts will be charged in accordance with the rates, charges, rules and regulations of the tariff. Daily charges shall continue until the vessel has been released to the water from the shiplift system and all of the system has been cleared of all equipment and blocking, trash and debris, and it is ready to receive another vessel. 4. PAYMENT. A. Vessel Fees. It is the responsibility of the Permit Holder to pay all charges including lift fees, daily lay charges, and service charges. The City will not collect charges from customers of the Permit Holder. B. Permit Fee. The City incurs certain costs in order to make the Shiplift System available for use by Permit Holders and the public. These costs, herein called the "Availability Costs", include such items as annual insurance costs insuring the Shiplift System from property damage and liability coverage, annual inspection fees, annual maintenance costs attributable to making the shiplift operationally ready, cathodic protection, and the repayment of funds in effect loaned from the General Fund of the City to the SMIC operating fund by reason of prior years' revenues from operations falling short of actual costs incurred. The Availability Costs do not include depreciation costs. On at least an annual basis, the City Council shall set the Availability Costs figure for the succeeding 12--month period, subject to the City's right to amend that figure and Permit Holder's right to terminate this agreement in accordance with the provisions of subparagraph below. Nothing in this permit shall be deemed to be a limitation on the City's discretionary right to amend its estimate of Availability Costs based on actual experience, new developments including new demands for shiplift use, market conditions, etc. Each Permit Holder shall pay a pro rata share of the Availability Costs without regard to actual use of the Shiplift System, and in accordance with the following provisions: 1. On the first day of each month of the city Fiscal Year, one- twelfth of the Availability Costs then in effect will be divided by the number of Shiplift System permits then in effect. The resulting figure shall be the monthly payment due from each Permit Holder. SHIPLlFf SYSTEM USE PERMIT AMENDMENT NO.3, ISSUED: 09128192 EFFECTIVE: 10/15/92 . . . SMIC Shiplift System Tariff No.1 PAGE NO. 44 Revision No.1 Replaces Original Page 2. Penn it Holders issued a pennit before the start of a calendar month will be charged on a daily basis at the same rate as any other Penn it Holders then holding valid pennits until the start of the next calendar month, at which time the monthly charge to all Pennit Holders will be recomputed as set forth in subparagraph 1 above. 3. Changes in Availability Cost. The city Council reserves the right to amend the detennination of the Availability Costs at any time; provided, however, that if an adjustment to the Availability Costs results in an increase thereof (of the total amount, not any individual Penn it Holder's share) of more than 15 percent over the preceding 12-month period, then each Pennit Holder shall have the option for a period of thirty (30) days after the effective date of the change to tenninate this pennit upon giving the City sixty (60) days' notice of its exercise of that option to tenninate. Pennit Holders shall not be entitled to claim any damage as a result of any increase in the actual costs incurred by a Pennit Holder by reason of any adjustment in the Availability Costs and Penn it Holder's sole remedy for any modification thereof shall be this right to tenninate the Shiplift Pennit without recovery for any loss of business, revenue or other damages by reason of the tennination. 5. INTERRUPTION OF WORK. At the harbonnaster's discretion, vessels on the shiplift system may be removed when it is in the public interest. In making his detennination, the harbonnaster shall consider such factors as: A. Other vessels have priority due to the nature of their use, ~ Coast Guard or other life-safety equipment, and B. In an emergency situation where, in the opinion of the harbonnaster, loss of property can be minimized by rescheduling. It is agreed and understood that all operations of public facilities are subject to interruption, when in the public interest, and that the pennit holder will bear the entire risk of loss for such interruptions. 6. INSURANCE. This pennit will not become effective until such time as the City of Seward has received the following: A. A policy or policies of insurance with the following coverage limits: 1. 2. 3. General liability Ships Repairers Legal Workers' Compensation Harbor Workers' and Longshoremen's Compensation Act $2,000,000 $2,000,000 Statutory SHIPLlFT SYSTEM USE PERMIT AMENDMENT NO.3, ISSUED: 09128192 EFFECTIVE: 10/15/92 . . . SMIC Shiplift System Tariff No.1 PAGE NO. 45 Revision No. 1 Replaces Original Page B. A determination by the City of Seward insurance broker that the insurance offered by the Permit Holder is of such type and has such provisions as will permit it to serve as the underlying coverage for any city excess policy and an acknowledgement from that broker that the city excess policy or policies will be in effect during operations by the Permit Holder. [NOTE TO PERMIT APPLICANT: This means that a binder for insurance is probably NOT sufficient to obtain this permit. You will need to coordinate your insurance coverage with the city's broker.] C. All insurance policies shall provide for thirty (30) days' notice of cancellation and/or material change to be sent to the City. All insurance policies shall contain the following or equivalent clauses: 1. The City, its officers, employees and agents are added as additional insureds as respects operations of the named insured performed under the terms of the Interim Use Permit with the City. 2. It is agreed that any insurance maintained by the City shall apply in excess of, and not contribute to, insurance provided by this policy. D. All of the required insurance policies shall provide that the insurers waive their rights of subrogation against the City and its respective officers, servants, agents of employees. Permit Holder further agrees to waive, and agrees to have its insurers waive, any rights of subrogation with respect to deductibles under such policies and with respect to damage to equipment, including the loss of the use thereof, whether insured or not. E. The general liability endorsement, Ship Repairers Legal Endorsement, and Workers' Compensation/Employers Liability Endorsement shall be in substantially the form of those forms attached hereto as Exhibits A, Band C. F. This permit may be canceled at any time by the City and will automatically cancel, without notice from the City, if the insurance policies required above are canceled for any reason. 7. PREPARATION OF VESSEL; LOADING AND UNLOADING. The City shall operate only the shiplift mechanism and the lateral rail transfer system. The Permit Holder shall design and provide all blocking cradles and other materials necessary to prepare the vessel for lifting. All blocking and other activities requisite to lifting the vessel shall be performed, inspected and directed by the Permit Holder. The City retains the overseeing rights to inspect the design and workmanship solely to assure that the blocking system does not pose a potential to damage the shiplift system. If such a possibility exists, the City may refuse to lift the vessel. There is no requirement for the City to perform such inspections, and, by performing an inspection, the City does not SHIPLIFT SYSTEM USE PERMIT AMENDMENT NO.3, ISSUED: 09J28/92 EFFECTIVE: 10/15192 . . . SMIC Shiplift System Tariff No. 1 PAGE NO. 46 Revision No.1 Replaces Original Page release the Permit Holder of any responsibilities or liability. The vessel is to be removed and guided onto the lift, aligned on the vessel blocking and subsequently removed from the lift under the direction of, or by, the Permit Holder. The City will operate the lift according to the direction of the Permit Holder, subject to the overriding right to stop the lift operation if it feels there is a possible hazard to the facility or vessel. 8. PERMIT HOLDER CRADLE AND EOUIPMENT. Permit Holder shall be responsible for supplying all equipment and materials to move vessels from the syncrolift shiplift system through the transfer system and to a repair berth. All vessel movement shall be by means of a rail-mounted ship cradle system and suitable towing system. The cradle and towing system and any repair berths, including rails on land leased from the City, must be certified as meeting acceptable engineering standards for syncroliftlrail loading and must meet annual Lloyd's registry class rating (Section 4, Lloyd's Register of Shipping, 1981 - mechanical lift docks) by an independent surveyor acceptable to Lloyd's prior to any use on the syncroliftlrail transfer system. The cradle system (and the towing device, to the extend required by classification or inspection societies) must be inspected and recertified in accordance with the requirements of Lloyd's Classification Society as a condition precedent to continued use of the shiplift system by Permit Holder. The City of Seward may, at its discretion, refuse to allow use of Permit Holder's cradle and/or towing system if the City of Seward has any reasonable doubt as to the structural fitness of the cradle system for use on the syncroliftlrail system. Such refusal shall remain in force until Permit Holder demonstrates to City's satisfaction that the cradle is fit for such use. 9. UTILITIES. Arrangements for use of water and electrical outlets must be made through the harbor office. Costs for utility hookups shall be those specified in the Tariff. 10. MAINTENANCE OF FACILITIES. The City will perform maintenance and repairs of the mechanical, electrical and structural systems of the shiplift system. The City shall not maintain, or repair, any equipment of Permit Holder including any ship cradle and towing system. The City shall not be responsible for maintenance or repairs to any repair berth rails located on leased land. The Permit Holder will take all necessary measures to protect the shiplift system and adjacent rail and transfer facilities and equipment from damage, exposure to paint or other contaminates. All areas utilized by the Permit Holder will be maintained, clean and orderly, free of trash and debris. The Permit Holder is specifically prohibited from drilling, welding or otherwise damaging any structural steel, rails or miscellaneous steel fixtures of the shiplift system, or doing anything which damages, or will damage, the shiplift system. Any damage to the facilities will be repaired or replaced at the Permit Holder's expense. The repair work may be accomplished by the Permit Holder or others at the City's discretion. SHIPLIFf SYSTEM USE PERMIT AMENDMENT NO.3, ISSUED: 09128192 EFFEC1TVE: lon~2 . . . SMIC Shiplift System Tariff No. 1 PAGE NO. 47 Revision No. 1 Replaces Original Page 11. CLEAN-UP. Should the Permit Holder fail to clear the entire shiplift system including platform, dock and breakwater of all supplies, equipment and stores upon completion of work on a vessel, the City may clear the area and bill the Permit Holder for all expenses incurred. 12. MISCELLANEOUS. This is the entire permit and is to be interpreted and applied by the harbormaster in order to further the public interest of maximizing use and efficiency of the shiplift system. This Agreement may be modified only in writing. If any permit holder contests any decision made by the harbormaster, the exclusive remedy shall be to the City Council, which shall be the final judge of any dispute. This Agreement form may be filed by the City of Seward with the Federal Maritime Commission and other agencies. 13. TERMINATION. The City may terminate this Permit at any time for convenience, upon delivery of written notice to the Permit Holder thirty (30) days prior to the date of intended termination. If the Permit is terminated for convenience, the Permit Holder shall promptly complete any work underway and clear the shiplift system of its equipment, buildings and supplies. All necessary site clean-up, repair of the shiplift system or other obligation required by this Permit will be completed prior to the termination date. The City may terminate this permit for failure to promptly pay when due any fee or charge required by this Agreement. The City may terminate this Permit for any cause, including failure to pay any amounts due, by giving the Permit Holder thirty (30) days' notice prior to the termination date, except it may be terminated immediately if the Permit Holder's operations pose a danger to the shiplift system or are violations of state or federal permits, or if the insurance policies required in Paragraph 6 are canceled or have lapsed for any reason. If the Permit Holder fails to correct its operations to the satisfaction of the City, the City may clear the area of vessels and the Permit Holder's equipment and supplies, and bill the Permit Holder for all expenses incurred. When terminating for cause, the City assumes no obligations to complete the repairs to any vessel that may be on the shiplift system, except those necessary to enable safely moving it to a moorage, and such repairs shall be at the expense of the Permit Holder. PERMIT HOLDER CITY OF SEWARD, ALASKA By: Its: By: Its: SHIPLIFf SYSTEM USE PERMIT AMENDMENT NO.3, ISSUED: 09128192 EFFEC11VE: 10n~2 SMIC Shiplift System Tariff No. 1 PAGE NO. 48 Revision No. 1 Replaces Original Page . ATTEST: Linda S. Murphy, CMC}AAE City Clerk STATE OF ALASKA ) ) ss. 3RD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 19 , before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared , known to me and to me known to be the individual named in and who executed the foregoing document, and he acknowledged to me that he signed and sealed the same as his free and voluntary act for the uses and purposes therein set forth. . WITNESS my hand and notarial seal the day and year first hereinabove written. NOTARY PUBLIC in and for Alaska My Commission Expires: . SHIPLIFT SYSTEM USE PERMIT AMENDMENT NO.3, ISSUED: 09/28192 EFFECTIVE: 10115192 . . . CITY OF SEWARD, ALASKA RESOLUTION NO. 92-164 AYES: NOES: ABSENT: ABSTAIN: A ITEST: Bencardino, Crane, Darling, Krasnansky, Sieminski & Swartz None White None APPROVED AS TO FORM: Perkins Coie, Attorneys for the city of Seward, Alaska (City Seal) o-~ tV u''''.J.- Fred B. Arvidson City Attorney