HomeMy WebLinkAboutRes1990-009
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Sponsored by: Schaefermever
CITY OF SEWARD, ALASKA
RESOLUTION NO. 90-009
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, ADOPTING GENERAL TERMINAL TARIFF
NO.1, NAMING RULES, CHARGES, AND REGULATIONS FOR THE CITY
OF SEWARD CITY DOCKS AND TERMINAL FACILITIES
WHEREAS, it is appropriate to enact rules and regulations to
control the increased commercial activity at harbor, port and
terminal facilities owned and operated by the City of Seward; and
WHEREAS, Sections 7.10.510 and 7.10.515 of the Seward City
Code provide for the setting of charges and fees for the use of
harbor facilities and services by Council resolution; and
WHEREAS, publication of a general tariff is required by the
Federal Maritime Commission (FMC);
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1.
attached hereto
City of Seward.
City of Seward General Terminal Tariff No. 1 as
and incorporated herein is hereby adopted by the
Section 2. The Tariff adopted hereby shall be posted and
published pursuant to the provisions of Section 2.15.035(D) and
shall become effective ten days following council approval,
pursuant to Section 2.15.050(C)2.
PASSED AND APPROVED by the City Council of the city of Seward,
Alaska, this 22nd day of January, 1990.
THE CITY OF SEWARD, ALASKA
~
W1 l1am C. No , Mayor'
AYES:
NOES:
ABSENT:
ABSTAIN:
Burgess, Dunham, Hilton, Meehan, Noll, Sieminski, Simutis
None
None
None
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 90-009
ATTEST:
-Q~-C<'A~ .2). ~,.,~__
Patr1c1a J. Jones
Acting City Clerk
(City Sealj
-2-
APPROVED AS TO FORM:
Perkins Coie, Attorneys for the
city of Seward, Alaska
7....-d A:I~
Fred B. Arv1dson
City Attorney
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Original Title Page
CITY OF SEWARD
GENERAL TERMINAL TARIFF NO. 1
Naming
Rules, Charges, and Regulations
for
City of Seward
City Docks and Terminal Facilities
Located at
Seward, Alaska
Issued By
City of Seward
P. O. Box 167
Seward, Alaska 99664
ISSUED:
2/01/90
EFFECTIVE:
2/01/90
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CITY OF SEWARD GENERAL TARIFF NO. 1
Original Page 1
CHECK SHEET FOR TARIFF REVISIONS
Changes in this tariff will be supplied from time to time in
looseleaf 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 -.--... ~ -~_._--_._,-
Correction Page Correction Page Page Correction Page
Number No. Number No. Number No. Number No.
-------. '__U'_ ~-~~ -...---
1 16 31 46
2 17 32 47
3 18 33 48
4 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:
2/01/90
EFFECTIVE:
2/01/90
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CITY OF SEWARD GENERAL 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
Bulk Petroleum Products
SECTION II - DEFINITIONS AND CHARGES
Docking . . . .
Wharfage
Wharf Demurrage
Handling, Loading and Unloading
Service Charges .
Passenger Fees
Original Page 2
Subsection
Paqe
N/A
N/A
1
2
N/A
3
4
100 5
105 6
110 8
115 9
120 10
125 12
130 14
135 18
140 19
145 20
150 21
155 22
160 23
165 24
200
205
210
215
220
225
25
30
33
35
36
39
SECTION III - CONDITIONS OF DOCKING AND FACILITY USE
Vessel Berthing Application .
Supplement to Vessel Applicaiton
Conditions of Berthing
ISSUED:
2/01/90
300
305
310
40
41
43
EFFECTIVE:
2/01/90
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CITY OF SEWARD GENERAL TARIFF NO. 1
B.M.
Bbl.
Bdl.
Cs.
C.L.
CU.Ft.
Dkg.
Ea.
F.F.
F.M.C.
Gals.
Hdlg.
Inc.
K.D.
K.D.F.
L.C.L.
Ldg.
Lgth.
M.B.M.
Meas.
ISSUED:
2/01/90
Original Page 3
EXPLANATION OF ABBREVIATIONS AND CHARACTERS
WHICH MAY APPEAR IN TARIFF
Board Measure
Barrel
Bundle
Case;ctn-carton;crt-crate
Carload
Cubic Foot or Feet
Dockage
Each
Folded Flat
Federal Maritime Commission
Gallons
Handling
Including, Inclusive or
Incorporated
Knocked Down
Knocked Down Flat
Less Than Carload
Loading
Length
1,000 Ft. Board Measure
Measurement
Min.
Misc.
M.T.
No.
N.O.S.
Par.
Pkg.
S.U.
Sq.Ft.
Stg.
Term' 1 .
Unldg.
U.S.
W.T.
WjM
W.R.
Yd.
Minimum
Miscellaneous
Cubic Ton of 40 cu. ft.
Number
Not otherwise specified
herein
Paragraph
Package
Set-Up
Square Foot or Feet
Storage
Terminal
Unloading
United States of America
Weight ton of 2,000
pounds
Weight ton of 2,000
pounds or cubic
ton of 40 cu. ft.
Warehouse Receipt
Yard
EFFECTIVE:
2/01/90
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CITY OF SEWARD GENERAL TARIFF NO. 1
Original Page 4
SECTION I
GENERAL RULES AND REGULATIONS
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 General Tariff, the public, shippers,
consignees and carriers using City of Seward facilities
should consult and be aware that the City of Seward
Code of Ordinances, including, but not limited to,
Chapter 9.15 (Fire Prevention and the Uniform Fire Code),
Title 14 (Utilities including Garbage, Refuse, Water,
Electricity and Sewage) and Chapter 7.10 (Ports and
Harbors) all as amended apply and govern where not
specifically provided otherwise in this tariff. Also,
the City has adopted, and reserves the right to adopt
specific tariffs governing particular marine-related
facilities operated by the City of Seward.
ISSUED:
2/01/90
EFFECTIVE:
2/01/90
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CITY OF SEWARD GENERAL TARIFF NO. 1
Original Page 5
DEFINITIONS - GENERAL
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(a) Definitions of Federal Maritime Commission May
Control:
Unless provided in this tariff, applicable definitions
set forth in 46 C.F.R. ~ 515.6 shall control.
(b) CITY DOCKS:
The City Docks of the City of Seward include all docks,
wharves, ramps, piers, bulkheads, and sea walls owned or
operated by the City of Seward.
(c) 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.
(d) 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.
(e) HOLIDAYS:
Whenever in this tariff reference is made to holidays
the following days are included: New Year's Day,
Washington's Birthday, Seward's Day, Memorial Day,
Independence Day, Labor Day, Alaska Day, Veterans' Day,
Thanksgiving Day and 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 purpose of this tariff.
(f) "VESSEL" DEF INED :
Whenever in this tariff reference is made to a "vessel"
the term shall mean any ship or barge, self-propelled or
other than self-propelled.
ISSUED:
2/01/90
EFFECTIVE:
2/01/90
Subsection
__~.u_.. _"._
100
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CITY OF SEWARD GENERAL TARIFF NO. 1
Original Page 6
APPLICATION OF TARIFF
(a) GENERAL APPLICATION OF TARIFF:
Rates, charges, rules and regulations provided in this
tariff will apply only to persons and vessels using
certain terminal facilities under the jurisdictional
control of the City of Seward and 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, appurtenant structures
thereto and waterways under the management of the City of
Seward. However, the rates, charges, rules and regulations
herein do not apply to the Seward Small Boat Harbor, the
harbor boundedc by the rubble breakwater at the northwestern
head of Resurrection Bay (Small Boat Harbor) and the
Seward Marine Industrial Center Shiplift Platform (Shiplift).
Rates, charges, rules and regulations for the Small
Boat Harbor and for the Shiplift are covered by separate
tariffs. Special terms and conditions exist for the
Fourth Avenue Dock operations by the State of Alaska,
Alaska Marine Highway System for operations of the State
Ferry System.
(b) TARIFF EFFECTIVE:
Rates, charges, rules and regulations named in this
tariff and any additions, revisions, or supplements
thereto shall apply to all vessels or users and to all
freight received at facilities subject to this tariff
on and after revisions, or supplements thereto. Unless
otherwise specified all transit freight received at
terminals and undelivered prior to effective dates of
tariff, revisions, or supplements thereto, shall be
charged the rates in effect on the date such freight
was received until entire lot or shipment has been
withdrawn.
ISSUED:
2/01/90
EFFECTIVE:
2/01/90
Subsection
105
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CITY OF SEWARD GENERAL TARIFF NO. 1
Original Page 7
AP~LICATION OF TARIFF CO~~J_~ED
(c) ACCEPTANCE OF TARIFF:
Use of the city docks and terminal facilities of the
City of Seward shall be deemed an acceptance of this
tariff and the terms and conditions named therein.
(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 rela-
tions 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 comply with any additional
Conditions of Docking and Facility Use set forth in
Section III contained herein.
ISSUED:
2/01/90
EFFECTIVE:
2/01/90
Subsection
105
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CITY OF SEWARD GENERAL TARIFF NO. 1
Original Page 8
APPLICATION OF RATES
(a) Except as otherwise provided herein, rates apply
per 2,000 lbs., or per 40 cubic feet as rated by
ocean carrier, or per 1,000 feet board measure,
or 42 gallons per barrel of bulk petroleum
products corrected to 600 F. 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. "
ISSUED:
2/01/90
EFFECTIVE:
2/01/90
Subsection
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110
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CITY OF SEWARD GENERAL TARIFF NO. 1
Original Page 9
INSURANCE
(a) 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 or terminal facilities. If the
City does acquire any such insurance, the charges
for that insurance shall be in addition to the dockage
and wharfage fees described in this tariff.
ISSUED:
2/01/90
EFFECTIVE:
2/01/89
Subsection
115
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CITY OF SEWARD GENERAL TARIFF NO. 1
Original Page 10
Subsection
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RESPONSIBILITY FOR COLLECTION AND GUARANTEE OF CHARGE 120
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(a) RESPONSIBILITY FOR CHARGES:
The vessel, its owner or agents, shippers or
consignees, and the owner of cargo on the vessel shall
be jointly and severally responsible for payment of
charges named herein and such payment responsibility
applies without regard to the provisions of bills of
lading, charter party agreements, contracts or other
conflicting provisions.
(b) PREPAYMENT, TIME OF PREPAYMENT, ACCEPTABLE SECURITY,
REFUND OF EXCESS:
All charges
for the use
and payable
as follows:
for services rendered by the City of Seward
of docks and other terminal facilities are due
in cash in advance of such services or use,
(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 cargo,
from a vessel owner, charterer, shipper or
consignee, before the cargo leaves the
city docks or terminal facilities.
(3) For all charges on perishable goods or freight
of doubtful value, or household goods.
A cash deposit or acceptable security in an amount equal
to 125% of the estimated applicable charges shall be
required to be posted with the City of Seward, six days
prior to the vessel's scheduled arrival, or at such other
time as may be authorized or directed by the Harbormaster,
but in all cases in advance of actual services rendered.
Wherever a cash deposit has been posted, any excess
thereof, after satisfaction of all applicable terminal
charges, it shall be promptly refunded by the City of
Seward to the posting party.
ISSUED:
2/01/90
EFFECTIVE:
2/01/90
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CITY OF SEWARD GENERAL TARIFF NO. 1
Original Page II
Subsection
RESPONSIBILITY FOR COLLECTION AND GUARANTEE OF CHARGE
(CONTINUED)
(c) WAIVER OF PREPAYMENT REQUIREMENT
The Harbormaster, in his sole discretion, may waive the
cash-in-advance requirement as to all or any category or
categories of its anticipated terminal 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. Adequate security, acceptable to the Harbormaster,
in an amount equal to 125% of the applicable
estimated port charges, has been posted; or
3. The agent requesting terminal services or use or
any another entity acceptable to the Harbormaster
as credit worthy, has personally accepted financial
responsibility for the applicable charges.
The Harbormaster retains the right in its sole discretion
to determine whether a responsible party or an agent is credit
worthy.
(d) CHARGES ON DELINQUENT ACCOUNTS:
All invoices, except for damages to City of Seward property,
will be declared delinquent sixty days after the date of the
invoice and will be charged interest at the rate of 10.5% per
annum. All extra expense, including legal expense, litigation
cost, or costs of agents employed to effect collection shall
also be assessed to, and payable by, such accounts.
ISSUED:
2/01/90
EFFECTIVE:
2/01/90
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'CITY OF SEWARD GENERAL TARIFF NO. 1
Original Page 13
Subsection
LIABILITY FOR LOSS OR DAMAGE AND INDEMNITY (CONTINUED) 125
(b) INDEMNITY:
User, vessel, vessel owner and its agents, shippers or
consignees shall indemnify 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) OWNERS RISK
All of the following shall be at the owner's risk except for
those damages caused by the City's own negligence:
1.
Glass, liquids, and fragile articles will be
accepted only at owner's risk for breakage,
leakage or chafing.
Freight on open ground is at owner's risk for
loss or damage.
Freight subject to freezing will be accepted
only at owner's risk.
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.
2.
3.
4.
ISSUED:
EFFECTIVE:
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CITY OF SEWARD GENERAL TARIFF NO. 1
Original Page 14
RIGHTS OF CITY OF SEWARD
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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. This right shall be reserved at all times
to the City without responsibility for demurrage, loss
or damage when
1.
Previous arrangements for berthing, space,
receiving or unloading have not been made
with the Harbormaster.
The vessel is unsafe or hazardous and may
pose a risk to life or property.
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.
During period of congestion, or in cases of
emergency, when, in the judgment of the harbor-
master, 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.
2.
3.
4.
(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 to discharge:
1. Cargo for which previous arrangements for space,
receiving, unloading or handling have not been
made with the Harbormaster by shipper, consignee
or vessel.
2. Cargo not suitably packed for safe transportation.
ISSUED:
2/01/90
EFFECTIVE:
2/01/90
Subsection
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130
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CITY OF SEWARD GENERAL TARIFF NO. 1
Original Page 15
Subsection
RIGHTS OF CITY OF SEWARD (CONTINUED)
130
3. Cargo deemed by the Harbormaster, in the reasonable
exercise of his discretion, that is offensive,
perishable or hazardous. Hazardous cargo must
have been prepared for shipment in accordance with
the applicable Department of Transportation
regulations (including 49 CFR Parts 171-179).
4. Cargo, the value of which may, in the opinion of
the Harbormaster be less than the probable service
charges and other charges related to it.
5. Cargo, during a period of congestion, or in cases
of emergency, when, in the judgment of the
Harbormaster, the circumstances then prevailing
or likely to occur will prevent the city docks
or terminal facilities, or any portion of them
from providing customary service to the public.
(c) RIGHT TO SCHEDULE VESSELS AND CARGO
In his discretion the Harbormaster shall at all times
have the right to schedule access to any harbor or port
facility by person or vessel or to remove any vessel,
person or cargo at any time from any city dock or terminal
facility in order to provide for efficient operation of the
city dock or terminal facilities and promote the objectives
of the Seward Municipal 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 by its nature, is liable to damage
other cargo or city dock or terminal facilities.
The cargo may either be removed from its present
location to any other location with all expenses
and risk of loss or damage to be for account of
the owner, shipper, or consignee.
2.
Cargo 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, with all
expense or removal and risk of loss or damage to
be for account of the owner, shipper, consignee or
vessel as responsibility may appear on shipping
documents, manifests or other sources.
ISSUED:
2/01/90
EFFECTIVE:
2/01/90
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CITY OF SEWARD GENERAL TARIFF NO. 1
Original Page 16
RIGHTS OF CITY OF SEWARD (CONTlNUE~l
(e) RIGHT TO WITHHOLD DELIVERY OF FREIGHT
Right is reserved by the City of Seward to withhold
delivery of freight until all accrued charges and/or
advances against said freight have been paid in full.
At the Harbormaster's discretion, any or all of such
freight may be placed in public or private warehouse
with all cost of removal and subsequent handling and
storage for the account 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, pro-
vided 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, providing owner has been given
proper notice to pay charges and to remove said freight
and has neglected or failed to do so with a prescribed
reasonable time.
(g) EXPLOSIVES
The acceptance, handling or storage of explosives
or hazardous material shall be subject to special
arrangements with the Harbormaster and 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
carqo. In his discretion, the Harbormaster
shall at all times have the right to immed-
iately remove any hazardous or offensive
vessel, or any vessel containing hazardous
cargo, or any vessel or one containing cargo,
which by its nature, is liable to damage
other vessels or other cargo or harbor or
port facilities. The vessel may either be
removed from its present location to any other
location with all expenses and risk of loss or
damage to be for account of the owner, shipper,
vessel or consignee.
ISSUED:
2/01/90
EFFECTIVE:
2/01/90
Subsection
130
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CITY OF SEWARD GENERAL TARIFF NO. 1
Original Page 17
RIGHTS OF CITY OF SEWARD (CONTINUED)
2. Vessel beyond free time. Any vessel remaining
at city dock or terminal facilities after
expiration of any applicable free time, may be
removed to any other public or private facility,
with all expense or removal and risk of loss or
damage to be for account of the owner, shipper,
consignee, or vessel.
(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 with all expense or
removal and risk of loss or damage for the account of the
vessel that last occupied the facil ity or the owner,
shipper or consignee or vessel as responsibility may
appear on shipping documents, manifests or other sources.
ISSUED:
2/01/90
EFFECTIVE:
2/01/90
Subsection
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130
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CITY OF SEWARD GENERAL TARIFF NO. 1
Original Page 18
SHIPPERS REQUEST~_~D_GQ~~~~lNTS
Shipper requests and complaints may be made by any
shipper by filing a written statement with the
Harbormaster, City of Seward, P.O. Box 167, Seward,
Alaska 99664.
ISSUED:
2/01/90
EFFECTIVE:
2/01/90
Subsection
135
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CITY OF SEWARD GENERAL TARIFF NO. 1
Original Page 19
Subsection
DELAYS - NO WAIVER OF CHARGES
140
Delays which may be occasioned in loading, unloading,
receiving or delivering freight as a result of equip-
ment failure or breakdown or of combinations, riots
or strikes of any persons in the employ of the City of
Seward or others, or arising from any other cause
not reasonably within the control of the City of
Seward, will not excuse the owners, shippers, con-
signees or carriers of the freight from full wharf
demmurage or other terminal charges or expenses which may be
incurred under conditions stated herein.
ISSUED:
2/01/90
EFFECTIVE:
2/01/90
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CITY OF SEWARD GENERAL TARIFF NO. 1
Original Page 20
Subsection
MANIFESTS REQUIRED_OF VESSELS
145
Masters, owners, agents or operators of vessels are
required to furnish the City of Seward with complete
copies of vessels' manifests showing names of con-
signees 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 author-
ized official of the company and must also designate
the basis weight or measurement on which ocean
freight was assessed. In lieu of manifests, freight
bills containing all information as required above
may be accepted.
ISSUED:
2/01/90
EFFECTIVE:
2/01/90
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CITY OF SEWARD GENERAL TARIFF NO. 1
Original Page 21
BERTHING
Vessels berthing or departing docks or wharves sub-
ject to this tariff must use sufficient tugs so that
vessel can be berthed or removed in a safe manner.
Berthing speed shall not exceed 16-feet per minute,
unless approved by the Harbormaster.
ISSUED:
2/01/90
EFFECTIVE:
2/01/90
Subsection
150
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CITY OF SEWARD GENERAL TARIFF NO. 1
Original Page 22
Subsection
SAFETY, SANITATION AND HOUSEKEEPING
(a) SAFETY AND SANITATION:
155
All users of city docks and terminal facilities shall
exercise due care for the protection of life and property
and the public from injury or damage.
Additional safety and sanitation rules applicable to docks
and terminal facilities should be consulted. Ordinances of
the City of Seward of particular relevance include Chapter
9.15 (Fire Prevention and the 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, including those adopted by
international treaty, apply to city docks or terminal facilities.
All users, including shippers, vessels, and consigness, are
hereby warned that the party or parties responsible for
infractions of such laws, regulations or policies will be
subject to and responsible for any penalties that may result
from their violation of those laws, regulations or policies.
(b) RESPONSIBILITY FOR HOUSEKEEPING:
Users of docks and other terminal facilities will be required
to maintain same in an orderly manner as directed by the
Harbormaster. If user does not properly clean property used,
the Harbor Director shall order the work performed and user
will be billed for the services in accordance with the rates
set forth in Subsection 220 of this tariff.
(c) SMOKING PROHIBITED:
No smoking shall be allowed on any wharf, pier or in
any facility, warehouse or transit shed except in approved
areas specifically designated for that purpose. Persons
violating this rule may be barred, at the discretion of
the Harbormaster, from the further use of any wharf or
facility and, in addition, shall be subject to prosecution
under applicable Federal, State and Municipal Laws.
ISSUED:
2/01/90
EFFECTIVE:
2/01/90
.
.
.
CITY OF SEWARD GENERAL TARIFF NO. 1
Original Page 23
RESPONSIBILITY FOR PROPERTY DAMAGE
Users damaging city docks or other property of the City
of Seward will be responsible for cost of repairs.
User will be billed for repairs to damaged property
at cost, including overhead.
ISSUED:
2/01/90
EFFECTIVE:
2/01/90
Subsection
160
.
.
.
CITY OF SEWARD GENERAL TARIFF NO. 1
Original Page 24
BULK PETROLEUM PRODUCTS
(a) APPLICATION OF TARIFF:
Except as otherwise provided in this section, the
rates, rules and regulations published in other
sections of this tariff apply to vessels, shippers,
and consignees of Bulk Petroleum Products.
(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 any
Terminal facility after a vessel completes loading or
discharging unless otherwise authorized by the Harbor-
master. In the event the City of Seward performs any
of the above named services, rates shall be charged in
accordance with Subsection 220 of this tariff and
billed to shipper, consignee or vessel.
(c) REGULATIONS GOVERNING PETROLEUM PRODUCTS:
The transfer of bulk petroleum products shall be
made in compliance with City of Seward Code provisions
including Chapter 9.15 (Fire Prevention and the Uniform
Fire Code), as well as other local, state and federal
law, rule or regulation.
(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.
ISSUED:
2/01/90
EFFECTIVE:
2/01/90
Subsection
165
.
.
.
CITY OF SEWARD GENERAL TARIFF NO. 1
Original Page 25
SECTION II
DEFINITIONS AND CHARGES
Subsection
DOCKING
200
(a) DEFINITION:
Dockage is the charge assessed to a vessel for docking
at a City dock or terminal facility or for mooring to a
vessel so docked.
(b) DOCKAGE PERIOD - HOW CALCULATED:
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.
(c) BASIS FOR COMPUTING CHARGES:
Dockage charges will be assessed on the length-aver-all
of the vessel. Length-all-over 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, length-aver-all of the vessel
as published in "Lloyds Register of Shipping" will be used.
If no such figure appears in "Lloyds Register", the City of
Seward reserves the right to: (1) Obtain the length-aver-all
from the vessel's register, or (2) measure the vessel.
(d) VESSELS DOCKED TO REPAIR, SHORE, OUTFIT OR FUMIGATE:
The Syncrolift Dock, adjacent and to the North of the
Syncrolift Shiplift System, was constructed and intended
primarily to be used for ship repair and maintenance.
Vessels being repaired by ship repair and maintanence
businesses occupying upland facilities at the Seward Marine
Industrial Center will therefore be preferred over cargo
ISSUED:
2/01/90
EFFECTIVE:
2/01/90
.
.
.
CITY OF SEWARD GENERAL TARIFF NO. 1
Original Page 26
Subsection
-~---_._----_. --.-
DOCKING (CONTINUED)
200
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.
(e) 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 dock use reserved
in advance with the Harbormaster. In addition, the dock
constructed by Inlet Fisheries, Inc., is to be used
first for receiving and delivery of fish and fish
products to Inlet Fisheries' on-shore facilities.
Reservations remain effective if such use begins
within 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 reservation from the Harbormaster is
made on an Application for Vessel Reservation
in the form attached
indicating berth and date(s) requested.
(2) Reservation request must be received by the
Harbormaster a minimum of 7 days prior to anti-
cipated vessel arrival.
(3) Harbormaster will determine availability of
dock space and dates requested. Should schedu-
ling conflicts be found, the Harbormaster shall
mediate a resolution which will attempt to mini-
mize negative impacts on both (or all) parties.
ISSUED:
2/01/90
EFFECTIVE:
2/01/90
.
.
.
CITY OF SEWARD GENERAL TARIFF NO. 1
Original Page 27
Subsection
DOCKING (CONTINUED)
200
(4) Full dockage fees are payable to the City of
Seward at the time of reservation. Prepaid
dockage fees will be non-refundable unless a
written cancellation is received by the Port
a minimum of 14 days prior to scheduled vessel
arrival.
(5) Agreement to work continuously utilizing not less
than day and early night shifts (1st and 2nd shifts)
and multiple longshore gangs, cranes, and equipment
to the fullest extent available in accordance with
circumstances then prevailing.
(f) VESSELS REQUIRED TO VACATE DOCK SPACE OR BERTH:
Vessels may occupy a berth, subject to charges named
herein, providing such vessel shall vacate the berth upon
demand by the Harbormaster or his authorized representa-
tive. A vessel not engaged in working cargo will be per-
mitted its berth only with the understanding that it shall
vacate when the berth is required for a vessel to load or
discharge cargo. A vessel on notice to move which refuses
to vacate will be assessed dockage at five times its
applicable rate, starting at the time the vessel is noticed
to vacate. In addition, vessels refusing to vacate berth
on demand may be moved by tug or otherwise, and any expenses,
damages to vessel or to other vessels or wharf structures during
such removal shall be charged to the vessel so moved.
Vessel at berth engaged in loading or discharging cargo
may be required to work overtime at the discretion of the
Harbormaster. Overtime differentials shall be for the
account of the vessel's owner, agent or operators. All
vessels using docks or berths without proper authoriza-
tion must be removed on receipt of notice from the
Harbormaster or his agents.
(g) 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
an computing the dockage charge.
ISSUED:
2/01/90
EFFECTIVE:
2/01/90
.
.
.
CITY OF SEWARD GENERAL TARIFF NO. 1
Original Page 28
DOCKING (CONTINUED)
(h) 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.
NOTICE:
Tug boats leaving a tended vessel for the purpose of
assisting any other vessel shall have waived its right
to free dockage for the entire period of berthing by
its tended vessel.
(i) 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.
(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) DOCKAGE RATES:
1. Daily Dockage Rate.
The charge for dockage is as follows except as
otherwise provided:
ISSUED:
2/01/90
EFFECTIVE:
2/01/90
Subsection
200
.
.
.
CITY OF SEWARD GENERAL TARIFF NO. 1
Original Page 29
Subsection
---~-~
DOCKING (CONTINUED)
200
Overall Lenqth of Vessel (Ft.)
Daily Ch~r;:~ Per_]oot
Under 150
150 to 300
301 to 500
over 500
$ .60
.80
1. 00
1. 20
NOTE:
Daily charge is for any period of 24 hours. However, ln
computing dockage charges for any period of dockage
less than 12 hours, dockage charges at one-half (1/2) of
one full day's dockage shall be assessed. For any
dockage period greater than 12 hours and less than 24
hours, a full day's dockage shall be assessed.
2. Monthly Dockage Rate:
The Monthly Dockage Rate is one-half of the total daily
dockage rate for one month.
a. 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.
b. Vessels Under Repair. Subject to scheduling
requirements, the Harbormaster may, upon request, allow pre-
payment of a monthly dockage rate at the Syncrolift Dock subject
to all of the following conditions:
1.
vessels
tenance
The monthly rate shall only apply to
that use the dock solely for vessel main-
and repair; and
2. The monthly dockage rate lS paid in advance
by a full 30 days; and
3. 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.
ISSUED:
2/01/90
EFFECTIVE:
2/01/90
.
.
.
CITY OF SEWARD GENERAL TARIFF NO. 1
Original Page 30
Subsection
----.,- -
WHARFAGE
205
(a) DEFINITION:
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 wharf and
does not include handling, sorting, piling of freight
or charges for any other services.
(b) APPLICATION:
Wharfage rates named in this tariff will be charged for
all merchandise received over the 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.
(c) OVERS IDE :
One-half of wharfage named herein will be charged to
merchandise discharged or loaded overs ide of vessel
directly to or from another vessel or to the water when
vessel is berthed at wharf.
(d) OVERSTOWED CARGO:
Over-stowed cargo destined for discharging at another port
will be exempt of wharfage charges, provided such cargo is
not removed from the wharf prior to re-loading to the vessel.
ISSUED:
2/01/90
EFFECTIVE:
2/01/90
.
.
.
CITY OF SEWARD GENERAL TARIFF NO. 1
WHARFAGE (CONTINUED)
(e) SCHEDULE OF RATES:
1) Standard Rates
Except as otherwise
in cents per ton of
Original Page 31
specifically provided, rates are
2000 lbs. or per 40 cu. ft.
COMMODITY
WHARFAGE
RATE
Freight N.O.S.
$ 2.06
Scrap (iron, steel)
2.06
Raw fish not to be
processed within the
city limits of Seward
30.00
Poles, logs, cants, or cut
finished lumber per MBM
(note: 2,000 lbs. shall
be deemed 1 MBM)
2.06
Petroleum products (inbound)
(per barrel)
.17
Petroleum products (out-
bound) (per barrel)
.24
Petroleum products--Gasoline
(per gallon)
.01
Plastic material
4.12
Explosives
25.00
Vans or containers
(net contents weight)
Vehicles (gross
vehicle weight)
2.00
5.00
ISSUED:
2/01/90
EFFECTIVE:
2/01/90
Subsection
205
.
.
.
CITY OF SEWARD GENERAL TARIFF NO. 1
Original Page 32
Subsection
---~---
WHARFAGE (CONT I NUED )
205
2) Discount Rates Based on Guaranteed Payments
Upon approval by the City Council of the City of
Seward a written prepayment agreement in the form
attached to this Tariff may be obtained by those
shippers who guarantee minimum levels of wharfage
payments regardless of actual shipments. The
discounted rates shall be as follows:
Guaranteed annual payment of at least
$250,000 (regardless of volume shipped)
Timber and timber products first
100,000 tons
next 80,000 tons
Excess over 180,000 tons
$1.50
$1.25
$ .50
ISSUED:
2/01/90
EFFECTIVE:
2/01/90
.
.
.
CITY OF SEWARD GENERAL TARIFF NO. 1
Original Page 33
WHARF DEMURRAGE
(a) DEFINITION:
A charge assessed against cargo remaInIng in or on
terminal facilities after the expiration of free
time, unless arrangements have been made for storage.
(b) FREE TIME:
1. DEFINITION:
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.
2. COMPUTING FREE TIME:
Free time is calculated exclusive of Saturdays,
Sundays or holidays.
Free time starts the first 7:00 A.M. after freight
is received or unloaded onto wharf from car or truck,
or, in the case of freight received from vessel, the
first 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 period, 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.
3. FREE TIME PERIOD:
Free time of five days will be allowed on all inbound
traffic. Free time of ten days will be allowed on all
outbound traffic.
ISSUED:
2/01/90
EFFECTIVE:
2/01/90
Subsection
210
.
.
.
. CITY OF SEWARD GENERAL TARIFF NO.1
Original Page 34
Subsection
WHARF DEMURRAGE (CONTINUED)
210
(c) RATES:
Wharf Demurrage will be assessed at the following rates:
Per day, per ton (2000 lbs.)
or portion thereof
First 5 days
After 5 days
All Freight
N.O.S.
$ 1. 20
$ 2.40
Mobile homes,
portable buildings
and living quarters
25.00/day/unit
100.00/day/unit
(d) LAY-DOWN AREAS:
The Harbormaster shall designate lay-down areas for cargo.
Cargo may not be placed on the city docks or terminal
facilities except in the designated lay-down areas. 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. 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 on consignee is
noticed to move the cargo. In addition, the harbormaster
may, in his discretion, move cargo or freight and any
expenses 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.
ISSUED:
EFFECTIVE:
.
.
.
CITY OF SEWARD GENERAL TARIFF NO. 1
Original Page 35
Subsection
HANDLING, LOADING AND UNLOADING
(a) HANDLING DEFINED:
215
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.
(b) LOADING AND UNLOADING DEFINED:
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.
(c) TERMINAL USE PERMIT:
Handling, loading, and unloading services are provided
by independent agents at all terminal facilities covered
by this tariff. A Terminal Use Permit is available to
any qualified agent desiring to provide longshoring
services at the terminal facilities of the City of Seward
and is attached to this tariff.
ISSUED:
EFFECTIVE:
.
.
.
CITY OF SEWARD GENERAL TARIFF NO. 1
Original Page 36
SERVICE CHARGES
A service charge is assessed, in addition to any
other charges set forth in this tariff, 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,
connect fee plus
$ 30.00
75.00
c.
25,000+ gallons,
connect fee plus
125.00
2.
Electricity (per kilowatt)
a. Connect fee
b. Electricity (per kilowatt hour)
$ 20.00
.20
B. Labor/Personnel.
I. 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 user.
The City shall charge for labor provided by
the City for the following services:
1) all services not specifically described
in this Tariff;
2) services of loading, unloading, or trans-
ferring cargo for which no specific
commodity rates are provided and which
cannot be performed at the rates named
under NOS 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 of this tariff;
ISSUED:
2/01/90
EFFECTIVE:
2/01/90
Subsection
220
.
.
.
CITY OF SEWARD GENERAL TARIFF NO. 1
Original Page 37
SERVICE CHARGES (CONTINUED)
3) 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 condi-
tions or requirements of shippers not
normally incidental to such services, preclude
the performance; and
4) 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.
II. Computation of Labor Rates.
Rates named in this tariff for services involving
labor are predicated upon straight-time wages for
a work day between the hours of ~ A.M. and
P.M. Monday through Friday. When services
are performed on Saturdays, Sundays or holidays
or when payment or overtime or penalty time wages
to labor is necessary, rates are adjusted to
include such penalties or differential rates.
When a user notifies the Harbormaster for labor
for a specified time and labor is on the job
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 through no fault of the City.
III. Man-hour Rate Schedules.
All labor provided by city personnel shall be
charged at $33.93/hour straight-time (no
premium) and $50.89/hour overtime. Work
requiring call-outs shall be charged at a
minimum of two hours at the overtime rate.
ISSUED:
2/01/90
EFFECTIVE:
2/01/90
Subsection
220
.
.
.
CITY OF SEWARD GENERAL TARIFF NO. 1
Original Page 38
SERV~CE CHARGES (CONTINUED)
C. Equipment.
When the City utilizes City equipment to provide
services under this Subsection, it will charge users
for the cost of that equipment on an hourly basis at
the rates charged capital projects within the City
of Seward for similar equipment.
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, bulk oil, or
garbage disposal shall be billed at the city's
actual cost (including city labor costs as
determined in paragraph II above) plus 125% of
city costs for services arranged for by the city
but provided by others.
ISSUED:
2/01/90
EFFECTIVE:
2/01/90
Subsection
-----
220
.
.
.
CITY OF SEWARD GENERAL TARIFF NO. 1
Original Page 39
PASSENGER FEES
In addition to other tariff provisions, the terms and
conditions of this item apply and charges are assessed
to passenger vessels and cruise ships or other vessels
carrying, passengers for compensations.
Fee
Passengers embarking from pier to vessel,
each .
Passengers debarking from vessel to pier
or wharf each
$2.00
$2.00
Exception: Passenger fees do not apply to:
(a) Passengers on vessels having accommodations
for twelve or less passengers; or
(b) Passengers sightseeing or travelling
between points within 100 miles of the
port, or
(c) Passengers on sport fishing vessels; or
(d) Personnel traveling free.
ISSUED:
2/01/90
EFFECTIVE:
2/01/90
Subsection
225
.
.
.
CITY OF SEWARD GENERAL TARIFF NO. 1
Original Page 40
SECT ION II I
CONDITIONS OF DOCKING AND FACILITY USE
Subsection
VESSEL BERTHING APPLICATION
300
Berthing is requested at Terminal Facilities of the City
of Seward, Alaska
By: Of: On:
(Authorized Individual (Agency Firm) (Date)
Owned or/
For: Operated by:
(Vessel Identification) (Firm)
For Loading/Discharge of:
(Quantity)
(Descript-lon of
Commodities/No. of
Containers
To Arrive on: As Voyage No.
(Estimated Hour/Date) ------
To Depart on: As Voyage No. - ---
(Estimated Hour/Date)
Vessel Length Overall:
Terminal Use Permit Holder:
(Estimated Hour/Date)
NOTES AND CONDITIONS
Acceptance of this vessel berthing application by the City of Seward
does not guarantee the applicant a berth. This application is subject
to the Regulations, Rules and Terms of the terminal tariff and to the
timely filing of the Statement of Financial Responsibility provided
and incorporated herewith as Supplement to this Vessel Berthing
Application. Berth space is committed consistent with the attached
memorandum outlining the City's Berthing Policy.
For Port Use Only
Application Received: By:
Application Approved: By:
Time/Date:
Time/Date:
Berth Assigned:
Special Crane or Cargo Handling Equipment Required:
ISSUED:
2/01/90
EFFECTIVE:
2/01/90
.
.
.
CITY OF SEWARD GENERAL TARIFF NO. 1
Original Page 41
Subsection
SUPPLEMENT TO VESSEL APPLICATION
305
LOA:
ETD:
ETA:
VESSEL:
VESSEL OWNER/LINE:
VESSEL CHARTERER:
LOAD:
(Commodity Type & Amount/#
TO DISCHARGE:
(Commodity Type & Amount/#
BERTH DESIRED:
DATE: Separate submissions of this document are required when the
vessel affreightment for part of the cargo differs from the terms of
affreightment for any other part of the cargo.
TERMS OF
of Containers)
TERMS OF
6f~Containers )
AFFREIGHTMENT:
AFFREIGHTMENT:
FOR PORT
USE ONLY
CATEGORY OF PORT CHARGES
PARTY RESPONSIBLE ESTIMATED
FOR PAYMENT DOLLAR AMOUNT
1.
2.
3.
4.
5.
Dockage
Wharfage
Water
Fuel
Miscellaneous
Total Estimated Charges:
$
Pursuant to the Instructions set forth in the Conditions of Berthing
form, the undersigned hereby seeks the arrangement of berthing
facilities on behalf of the above-named vessel, and attests to the
accuracy of the information provided to the extent set forth in
paragraph C of the Conditions and Berthing:
Date:
, 19
(Berthing Agent)
By:
(As Agent Only)
ACCEPTANCE OF FINANCIAL RESPONSIBILITY FOR PAYMENT
In connection with the Vessel Berthing Application dated , 19
the undersigned hereby accepts responsibility, on its own behalf, for
payment of the terminal charges listed under the line items as
designated below which correspond with those designated in the above
Supplement to Vessel Berthing Application, in a maximum amount not to
exceed 125% of the aggregate estimated dollar amount shown above for
the relevant line items, or 125% of such other sum as the City of
Seward, after review and revision of such estimates, has provided to
the undersigned in writing, in which latter case a copy of such
writing is physically attached hereto.
ISSUED:
2/01/90
EFFECTIVE:
2/01/90
.
.
.
CITY OF SEWARD GENERAL TARIFF NO. 1
Original Page 42
Subsection
SUPPLEMENT TO VESSEL APPLICATI~~~C~~TINUED~
CATEGORY OF PORT CHARGE LINE ITEM(S)
(Name of Company)
CATEGORY OF TERMINAL CHARGES LINE ITEM(S)
(Name of Company)
ISSUED:
2/01/90
No. FOR PORT USE
~_._- -~
By:___ _~
(Authorized Signature)
No. FOR PORT USE
--~~
By: _____________
(Authorized Signature)
EFFECTIVE:
2/01/90
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CITY OF SEWARD GENERAL TARIFF NO. 1
Original Page 43
Subsection
CONDITIONS OF BERTHING
310
All applications for vessel berthing shall be made in the form
specified by the Harbormaster and may require the timely filing
of the financial responsibility information called for by Supplement
to Vessel Berthing Application, completed in accordance with, and
otherwise governed by, the terms and conditions set forth below:
A. Unless waived pursuant to paragraph B below, terms of payment for
all applicable terminal charges shall be cash in advance. A cash
deposit or acceptable security in an amount equal to 125% of the
estimated applicable charges will be required to be posted with
the Harbormaster six days prior to the vessel's scheduled
arrival, or at such other time as may be authorized or directed
by the Harbormaster, but in all cases in advance of actual
services rendered. In any case, in which a cash deposit has been
posted, any excess thereof, after satisfaction of all applicable
port charges, shall be promptly refunded by the terminal to the
party posting same.
B.
The Harbormaster may waive the requirement of cash in advance as
to all or any category or categories of its anticipated port
charges when the party responsible for such charges has been
identified by the berthing agent to the satisfaction of the
Harbormaster, and:
1. That party responsible has established credit worthiness
acceptable to the Harbormaster; or
2. Adequate security, acceptable to the Harbormaster, in an
amount equal to 125% of the applicable estimated port
charges, has been posted; or
3. The agent requesting the berth, or another entity, in each
case acceptable to the Harbormaster as credit worthy, has
personally accepted financial responsibility for the
applicable charges.
C. The vessel agent or other person requesting a berth ("berthing
agent") shall, as a part of the berthing process, provide to the
extent of his knowledge all information called for by any
Supplement to Vessel Berthing Application respecting the vessel,
its estimated arrival and departure, amount(s) and type(s) of
cargo to be loaded/discharged, and estimate of amount of each
ISSUED:
2/01/90
EFFECTIVE:
2/01/90
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.
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CITY OF SEWARD GENERAL TARIFF NO. 1
Original Page 44
Subsection
CONDITIONS OF BERTHING~~C~QNTlNUED)
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
so to report accurately.
D. 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
Berthing Application with the Harbormaster.
E.
All estimates of terminal charges are subject to approval and/or
adjustment by the Harbormaster.
The Harbormaster shall, promptly after receipt of this form,
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 anyone or more categories of such
charges and the amount thereof.
F.
G. In addition to the terms for berth reservation and establishment
of financial responsibility as set forth herein, requests for
berth reservation and assignments of berths shall otherwise be in
accordance with all local rules and regulations established by
the City of Seward.
H. The City of Seward retains the right in its sole discretion to
determine whether a responsible party or 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.
ISSUED:
2/01/90
EFFECTIVE:
2/01/90
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CITY OF SEWARD GENERAL TARIFF NO. 1
Original Page 45
Subsection
CONDITIONS OF BERTHING (CONTINUED)
I. 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 of 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.
ISSUED:
2/01/90
EFFECTIVE:
2/01/90
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PREPAYMENT AGREEMENT
This Prepayment Agreement is made and entered into this
day of , 1990, by and between the City of Seward,
Alaska, a municipal corporation located in the Kenai Peninsula
Borough, State of Alaska ("City" herein), and
RECITALS
A. intends to use the City's Dock for the
loading and unloading of
during the twelve month period from
, to
B. Pursuant to Subsection 205(e)2) of the City of Seward
General Terminal Tariff No.1, the wharfage provisions of the
City of Seward Tariff, Seward Marine Industrial Center, the
City's discount wharfage rates users who enter into a prepayment
agreement and prepay the tariff rates shall be charged as follows:
1) On the first 100,000 tons in a twelve month period ONE
DOLLAR AND 50/100 ($1.50) per ton;
2) ONE DOLLAR AND 25/100 ($1.25) per ton on the next
80,000 tons in a twelve month period; and
3) FIFTY CENTS ($.50) per ton on all tons in excess of
180,000 tones in a twelve month period.
AGREEMENT
IT IS THEREFORE AGREED AS FOLLOWS:
1. Prepayment; Use Rate. agrees to pay City the
sum of , payable in advance in
four equal quarterly installments on ,
, and , as prepayment of the
tariff wharfage rate for use of the Dock for the
period beginning , and ending
City agrees to charge the discount wharfage rates
of ONE DOLLAR AND 50/100 ($1.50) per ton on the first 100,000
tons, ONE DOLLAR AND 25/100 ($1.25) per ton on the next 80,000
tons, and FIFTY CENTS ($.50) per ton on all tons in excess of
180,000 tons as invoiced by the City for all
, loaded, unloaded or transported by to
or from vessels using the Dock. City shall credit against the
quarterly payments due at the applicable discount rates.
obligation to make quarterly payments shall cease
Prepayment Agreement/Page 1 of 3
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when the aggregate paid, either by quarterly payment or invoiced
payment, reaches the sum of . obligation to
pay shall not be reduced or avoided if shipments are
less than anticipated.
2. Default in Quarterly Payments. If fails to
make any required quarterly payment to City on the due date, and
such failure continues for five (5) calendar days thereafter, or
if fails to prepay an estimate of the cost of damage
repair submitted by City, then after notice shall no
longer be entitled to the benefit of the discount rates provided
herein, and shall pay all wharfage at the standard rate as set
forth in the tariff.
3. Riqht of City to Revoke Discount Rate; Prepayment
Rebate. City shall have the right to revoke the discount rate.
In the event that the City revokes the discount rate,
shall be entitled to a prorated rebate of any prepayment.
4. Other Fees and Tariff Provisions. Other fees due the
City under the tariff, and other terms of the tariff are not
affected by this agreement.
5. Arbitration. The arbitration provisions of
and the City of Seward, Alaska, are incorporated herein by
reference. Arbitration shall be the exclusive means of resolving
any dispute under this prepayment agreement.
6. Supplementation, Modification or Amendment. This
Agreement may not be supplemented, modified or amended in any
manner except by an instrument in writing signed by City and
7. Successors in Interest. This Agreement shall inure to
the benefit of and shall be binding upon the successors and
assigns of City and
IN WITNESS WHEREOF, City and have executed this
Agreement effective as of the date first written above.
Date Signed:
By
Its
Prepayment Agreement/Page 2 of 3
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Date Signed:
Attest:
City Clerk
Prepayment Agreement/Page 3 of 3
CITY OF SEWARD ("City")
By
City Manager
Approved as to Form:
City Attorney