HomeMy WebLinkAboutRes1991-054
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Sponsored by: Schaefermever
CITY OF SEWARD, ALASKA
RESOLUTION NO. 91-054
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, APPROVING AMENDMENT NO. 2
TO THE SEWARD MARINE INDUSTRIAL CENTER SHIPLIFT
SYSTEM TARIFF NO. 1
WHEREAS, by Resolution No. 90-022, the City Council of the
city of Seward approved Tariff No. 1 for the shiplift system
located at the Seward Marine Industrial Center; and
WHEREAS, by Resolution No. 90-034, Amendment No. 1 to that
tariff was approved: and
WHEREAS, rates established in that tariff were based upon
utilization projections developed by the city in consultation with
businesses that operate at the Seward Marine Industrial Center: and
WHEREAS, in the fiscal year beginning July 1, 1989, through
June 30, 1990, 67 shiplifts were performed utilizing the syncrolift
shiplift system: and
WHEREAS, since July 1, 1990, through April 25, 1991, only 19
shiplifts were performed and it is reasonable to expect that for
the entire fiscal year ending June 30, 1991, fewer than 25 lifts
will have been conducted: and
WHEREAS, the city incurs substantial expense in keeping the
syncrolift shiplift system operable regardless of the number of
lifts actually conducted and these fixed costs do not significantly
vary with the number of shiplifts performed: and
WHEREAS, through April 25, 1991, total lift revenue to the
city, based upon the existing tariff, has been $77,810, compared to
$204,685 for the fiscal year ending June 30, 1990: and
WHEREAS, operating costs including insurance have substantial-
ly increased to the city during the same period of time; and
WHEREAS, because of the difference between operating revenues
and costs, the general fund of the city of Seward has been impaired
by approximately $500,000 since operations of the syncrolift
shiplift system began: and
WHEREAS, it is in the public interest and the desire of the
City Council that marine facilities in Seward constructed by the
city of Seward for the benefit of the public operate at least at a
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 91-054
break even level so that operating and fixed costs are recovered
through tariff fees: and
WHEREAS, it is in the public interest to establish rates and
charges in such a manner as to avoid the continuation of unreason-
ably high subsidies by the taxpayers of the city of Seward for
continued operation of the syncrolift shiplift facility: and
WHEREAS, a variety of rate structures and formulae have been
proposed and discussed by the City Council, the Port Advisory Board
and the public, including users and businesses that operate at the
Seward Marine Industrial Center: and
WHEREAS, due to the uncertainties apparent in predicting
future utilization it is in the public interest to restructure
rates in order to assure that fixed costs are recovered: and
WHEREAS, shiplift permits entitle users to shiplift access and
use and further the public interest in promoting lift utilization:
and
WHEREAS, the establishment of a new and equitable tariff
structure is in the public interest: and
WHEREAS, Seward city Code ~ 7.10.510 and ~ 7.10.515 provide
for the setting of charges and fees for the use of harbor facili-
ties and services by Council resolution; and
WHEREAS, it is appropriate for the city to amend its tariff
rates from time to time to reflect changes in operating costs and
revenues:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The Seward Marine Industrial Center Shiplift
System Tariff No. 1 is amended in accordance with the second
amendment attached and incorporated herein by reference and which
is hereby ADOPTED by the city of Seward.
Section 2. This resolution shall take effect only after
filing with the Federal Maritime Commission as required by law and,
in no event, earlier than July 1, 1991.
PASSED AND APPROVED by the city council of the city of Seward,
Alaska, this 22nd day of July, 1991.
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 91-054
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THE CITY OF SEWARD, ALASKA
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AYES:
NOES:
ABSENT:
ABSTAIN:
Burgess, Krasnansky, Meehan and Simutis
Dunham and Sieminski
Hilton
None
ATTEST:
APPROVED AS TO FORM:
Perkins Coie, Attorneys for the
city of Seward, Alaska
.()~~J ~.\~
~Linda S. Murphy, CMC/AAE
_- - City Clerk
(City Seal)
=ZN~
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Fred B. Arv1dson
City Attorney
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Original Title Page
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CITY OF SEWARD
AMENDMENT NO. 2
TO THE
SEWARD MARINE INDUSTRIAL CENTER
SHIPLIFT SYSTEM TARIFF NO. 1
Naming
Rates, Charges, Rules and Regulations
for
City of Seward
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Seward Marine Industrial Center
Shipl ift System
Located at
Seward, Alaska
Issued By
City of Seward
P. O. Box 167
Seward, Alaska 99664
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SMIC SHIPLIFT SYSTEM TARIFF NO. 1
Original Page 1
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 correction
numbers appearing at the bottom left margin of each such page should
be checked off against correction number listed below. If all
corrections are correctly checked on receipt, checks should be
consecutive with no omissions. Should interruption in sequence be
noted, request for missing corrections may be directed to the city
clerk.
Correction Page Correction Page Correction Page Correction Page
Number No. Number No. Number No. Number No.
1 2 16 31 46
2 30 17 32 47
3 31 18 33 48
4 35 19 34 49
5 20 35 50
6 21 36 51
7 22 37 52
8 23 38 53
9 24 39 54
10 25 40 55
11 26 41 56
12 27 42 57
13 27 43 58
14 29 44 59
15 30 45 60
ISSUED:
EFFECTIVE:
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SMIC SHIPLIFT SYSTEM TARIFF NO. 1
TABLE OF CONTENTS
Check Sheet for Tariff Revisions
Table of Contents
Explanation of Abbreviations Which Appear
in Tariff . . . . . . . . . . .
SECTION I - GENERAL RULES AND REGULATIONS
Notice to Public
Definitions - General
Application of Tariff
Application of Rates
Insurance .
Responsibility for Charges, Collection
and Guarantee of Charge
Liability for Loss or Damage and Indemnity.
Rights of City of Seward
Shippers Requests and Complaints
Delays - No Waiver of Charges
Manifests Required of Vessels
Berthing.
Safety, Sanitation and Housekeeping
Responsibility for Property Damage
SECTION II - DEFINITIONS AND CHARGES
Lift Fee
Lay Charges
Labor and Service Charges
Shiplift System Use Permit Fee
Original Page 2
Subsection
N/A
N/A
N/A
100
105
110
115
120
125
130
135
140
145
150
155
160
200
210
220
230
SECTION III - CONDITIONS OF DOCKING AND FACILITY USE
Vessel Lift Application . . . . . . .
Supplement to Vessel Lift Application
Conditions of Lifting. . . . . . . .
ISSUED:
300
305
310
EFFECTIVE:
Paqe
1
2
3
4
5
7
9
10
11
13
16
20
21
22
23
24
26
27
31
32
35
34
35
37
SMIC SHIPLIFT SYSTEM TARIFF NO. 1
Original Page 30
Subsection
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LIFT FEE (CONTINUED)
(h) NOTICE OF HAZARDOUS CARGO AND PERMIT REQUIREMENT:
200
Notice shall be given to the harbormaster at the time of
reservation of the fuel, ballast and any unusual weight
distribution or structural requirements for lifting each
vessel, and 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
prior to landing or use of the shiplift system. The
harbormaster, 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.
(j) DOCKSIDE LAY TIME
Dockside lay time may be allowed as scheduling permits.
However, all vessels must be removed from dockside within
three hours of receiving notice from the harbormaster or
his agents.
. (k) LIFT FEE RATES:
1. The lift fee shall be $ 0 per foot of vessel
length. This fee does not include labor charges
for operation of the shiplift system as described
in subsection 220. This fee does not include any
daily lay charge as described in subsection 210.
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ISSUED: 07/22/91
EFFECTIVE: 08/01/91
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SMIC SHIPLIFT SYSTEM TARIFF NO. 1
Original Page 31
Subsection
DAILY LAY CHARGE
210
(a) DEFINITION:
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 CHARGE - HOW CALCULATED:
Daily lay charges chall 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. A full day shall be charged for any
period less than 24 hours. However, in computing
daily lay charges for less than 12 hours, lay charges
at one-half (1/2) of one full day's charge shall be
assessed. For any lay time greater than 12 hours
and less than 24 hours a full day's dockage shall
be assessed.
(c) BASIS FOR COMPUTING CHARGES:
The daily lay charges shall be based on vessel length.
(d) RATE:
The daily lay charge is $ 0 per foot per day or
portion thereof. In addition, a daily lay charge
of $100.00 per day or a portion thereof is assessed
against a vessel for use of a public berth, regardless
of vessel size or length.
ISSUED: 07/22/91
EFFECTIVE: 08/01/91
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SMIC SHIPLIFT SYSTEM TARIFF NO. 1
original Page 35
SHIPLIFT SYSTEM USE PERMIT FEE
A. Definition.
B.
A fee charged for obtaining a Ship1ift 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 attributable 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.
Determination of Availability Cost and Shiplift
Use Permit.
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.
C.
For the period beginning July 1, 1991, through June 30,
1992, the Availability Cost is $300,000.
ISSUED: 07/22/91
Subsection
230
EFFECTIVE: 08/01/91