Chapter 12.12
FERRY AND BARGE FACILITY

Sections:

12.12.010    Terms of city/state agreement incorporated.

12.12.020    Permits and licenses.

12.12.030    Manifests.

12.12.040    Fees and charges.

12.12.050    Other services.

12.12.060    Liability and indemnification.

12.12.010 Terms of municipal/state agreement incorporated.

All terms and conditions of the "Agreement for Construction and Maintenance of a Dock and Ferry Terminal for the Municipality of Skagway," dated August 2, 1978, as amended January 6, 1981, which govern the management, operation or use of the ferry and barge facility, are incorporated herein by reference, and have the same force and effect as if fully set forth herein.

(Ord. 11-19, Amended, 09/01/2011; Ord. 84-16 § 4 (part), Repealed & Replaced, 10/01/1984)

12.12.020 Permits and licenses.

A.    The municipality may grant permits for the nonexclusive use of the dock for mooring, for loading and discharging cargo, and for the loading and discharging of passengers and vehicles.

B.    Reservations. Requests for reservations for mooring assignments or for use of storage space at municipal facilities shall be submitted to the harbormaster as far in advance as practicable, normally not less than five (5) working days, and shall be subject to confirmation forty-eight (48) hours in advance of expected arrival time.

C.    Moorage Not Exclusive. Assignment to moorage is not exclusive, and shall include only the right to dock the vessel, to embark and disembark passengers and their luggage, and to assemble and distribute cargo over the dock and transfer bridge, subject to the provision that such use shall not interfere with ferry operations. Moorage assignments are not transferable except with written consent of the borough manager or the harbormaster. Moorage assignments shall be revocable by the borough manager or harbormaster without compensation for costs incurred thereby to the vessel, upon written notice to the vessel except when otherwise provided in the assignment.

D.    Use of the Municipality’s Transfer Bridge. All non-ferry-related traffic to and from the dock shall use the municipality’s transfer bridge. The municipality grants to the state full use of the municipally-owned loading and unloading facility transfer bridge for ferry-related business at no cost to either the state or passengers and vehicles loading and unloading from a state-owned vessel. The municipality additionally grants to the state the use of the structure of the municipality’s transfer bridge for carrying state-owned oil lines, water lines, and electric service lines at no cost.

(Ord. 11-19, Amended, 09/01/2011; Ord. 84-16 § 4 (part), Repealed & Replaced, 10/01/1984)

12.12.030 Manifests.

All vessels granted permits to moor at the municipality’s dock, and all persons permitted to use the municipality’s transfer bridge or storage area shall furnish to the municipality a complete manifest certifying the tonnage of cargo, including weight of vehicle crossing the transfer bridge onto or from the dock, and the dimensions of materials or vehicles stored in the storage area.

(Ord. 11-19, Amended, 09/01/2011; Ord. 84-16 § 4 (part), Repealed & Replaced, 10/01/1984)

12.12.040 Fees and charges.

A.    Transfer Bridge. A toll shall be assessed against all cargo and vehicles crossing the municipality’s transfer bridge onto or from the dock, as necessary to cover the municipality’s costs of constructing, operating, maintaining and improving the transfer bridge, including retirement of any debt service and payment of the municipality’s share of costs for maintenance of the dock. The schedule of tolls shall be reviewed annually by the borough assembly and adjusted by resolution as deemed appropriate.

B.    Storage. Open storage space may be reserved on a short-term, per square foot per month basis by payment to the municipality of monthly charges in advance. The rate shall be reviewed annually by the borough assembly and adjusted by resolution as deemed appropriate.

C.    Fresh Water Service. The municipality shall charge for fresh water supplied to vessels at the municipality’s dock. The rate shall be reviewed annually by the borough assembly and adjusted by resolution as deemed appropriate.

D.    Payment. Rental charges for use of the storage area shall be paid monthly. All toll charges for use of the municipality’s transfer bridge are due and payable upon receipt of invoice. Invoices become delinquent if not paid within thirty (30) days following the date on which the invoice was prepared. By using these facilities, the user enters into a contractual agreement with the municipality to pay the municipality a penalty of one percent (1%) per month on delinquent payments.

E.    Responsibility for Payment. Owners, shippers and consignees of any cargo or vehicles using the municipality’s transfer bridge or storage area shall be responsible to the municipality for payment of the municipality’s user charges. In the event of transshipments from one (1) carrier to another through Skagway, payment of user charges shall be guaranteed by the vessel, its owners or agents, using the dock facilities to discharge or take aboard the cargo or vehicle in question. Use of the dock by such vessel shall be deemed acceptance and acknowledgement of this responsibility by the vessel’s owner and agents.

F.    Obligations. The setting forth of rates and charges in this chapter shall not imply an obligation on the part of the municipality to provide use of its facilities. The payment or promise to pay these charges does not give a permittee any vested interest in the use of the dock, transfer bridge or storage area at any time.

(Ord. 11-19, Amended, 09/01/2011; Ord. 88-10, Amended, 05/05/1988; Ord. 84-16 § 4 (part), Repealed & Replaced, 10/01/1984)

12.12.050 Other services.

A.    Stevedoring. Vessels, overland carriers or other persons granted permits to moor or to move cargo across the dock shall enter into their own contract arrangements for longshoring and stevedoring services. Insofar as is practicable, it is expected that locally based longshoring and stevedoring activities will be employed.

B.    Electricity, Telephone and Fuel Services. Vessels using the dock shall enter into their own contract arrangements with commercial companies for the provision of electrical power, telephone and fuel services.

(Ord. 84-16 § 4 (part), Repealed & Replaced, 10/01/1984)

12.12.060 Liability and indemnification.

A.    Liability for Loss or Damage to Dock and Municipal Port Facilities. Any person or vessel using the dock, transfer bridge and storage area shall be strictly liable, without regard to negligence, for any loss of, or damage to, municipal or state property incurred as a result of such use, and shall make such restoration or repair, or monetary compensation, as may be directed by the municipality or state.

B.    Indemnification. The use of the municipality’s ferry/barge facility (the dock, transfer bridge and storage area) by any person or vessel for any purpose constitutes an agreement between the municipality and such user that the user agrees for itself, its successors and assigns, by operation of law or otherwise to defend and hold harmless the Municipality of Skagway and State of Alaska and to assume full responsibility for, and to defend and pay or otherwise settle any and all claims, demands, actions or causes of damage or injury to any and all persons or property arising out of such use by the user. Such user further agrees to release and discharge the municipality and state, including any department or agency thereof, their agents and successors, executors, administrators or assigns, from any and all liability, claims, demands, actions or causes of action, of every nature whatsoever arising out of such use by the user, and to defend, indemnify and hold harmless the municipality and state, including any department or agency thereof, their agents, successors or assigns, from any loss or damage suffered by reason of such use by the user.

(Ord. 11-19, Amended, 09/01/2011; Ord. 84-16 § 4 (part), Repealed & Replaced, 10/01/1984)