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TARIFF NO. 2 IS FILED
ELECTRONICALLY WITH, AND MAY BE ACCESSED THROUGH THE FEDERAL MARITIME
COMMISSION'S (F.M.C.) AUTOMATED TARIFF FILING AND INFORMATION SYSTEM (ATFI).
) TERMINAL TARIFF NO. 2 IS
THIS TARIFF IS NOT ON FILE WITH THE FEDERAL MARITIME COMMISSION AND IS INTENDED FOR USE BY THE
AND ITS CUSTOMERS. HOWEVER, THE
CONTENTS OF THIS PAPER TARIFF ARE IDENTICAL TO THE ELECTRONIC TARIFF AVAILABLE
THROUGH THE ATFI SYSTEM.
WILL CONTINUE TO SEND PAPER COPIES OF ALL CHANGES AND REVISIONS MADE TO THE
ANY QUESTIONS REGARDING
THIS TARIFF OR THE ELECTRONIC TARIFF FILED WITH THE F.M.C.'S ATFI SYSTEM SHOULD
BE DIRECTED TO:
TELE. (228) 762-4041
FAX (228) 762-7476
No provision or rule in
this tariff shall relieve or limit the Port Authority from liability for its
own negligence nor require any user or lessees to indemnify or hold harmless
Port Authority from liability for
its own negligence.
SEAPORTS MARINE TERMINAL CONFERENCE
001 (Federal Maritime Commission
Agreement No. 224-200163, Approved November 8, 1988.)
1. Board of Commissioners
2. Board of Commissioners
and Terminal District.
4. Orange County Navigation
& Port District,
6. Board of Commissioners
of the Port of
Navigation District of
7. Port Commission of the
8. Board of Trustees of the
11. Brownsville Navigation
12. Port of Port Arthur
Navigation District of
17. Brazos River Harbor
, Harbor and Terminal District
Notice: The Gulf Seaports Marine Terminal
Conference Agreement permits the participating members to discuss and agree
upon port terminal rates, charges, rules and regulations. Any such rates,
charges, rules and regulations adopted pursuant to said agreement, shall be
published in the respective tariffs of said members and so identified by proper
symbol and explanation.
AND COMPLAINTS: Shippers, or other users of the facilities and services of the members of said
Conference, desiring to present requests of complaints with respect to any such
rates, charges, rules and regulations, adopted pursuant to said Conference Agreement,
should submit the same, in writing to the Chairman of the Conference, at the
address below, giving full particulars, including all relevant facts,
conditions and circumstances pertaining to the request or complaint. Should
further information be required by the Conference for full consideration of the
request or complaint, the conference Chairman will so advise by mail. The said
Chairman will notify such shipper or complainant of the docketing of the matter
and of the date and time of the proposed meeting and if said shipper or
complainant desires to be heard, he shall make request therefor upon the
Conference Chairman in advance of the meeting:
John Roby, Conference Chairman
P. O. Drawer 2297
TARIFF & JURISDICTION
This tariff names the
Rules, Regulations, definitions and charges applicable to all channels,
waterways, facilities and services under the control of, and provided by, the
Jackson County Port Authority, and participating Terminals as provided herein.
Pursuant to section 59 of
the Mississippi Code 1972, Annotated, the Jackson County Port Authority
(hereinafter sometimes referred to as the Port Authority), an agency of Jackson
County, Mississippi, is authorized and empowered to supervise, control, manage
and direct the Greater Port of Pascagoula, Mississippi; to fix rates and
charges for all services and for the use of all facilities and waterway
provided by the Port Authority and those leading thereof; to formulate and
promulgate rules and regulations for the operation of the Greater Port of
Pascagoula, Mississippi; and to exercise any and all other powers vested in it
by all of the applicable statutes, which include the power to acquire,
purchase, install, lease, construct...own...use, control and operate wharves,
piers, docks...elevators, marine railways, etc. (Sec. 59-9-17, Miss. Code of
DESCRIPTION OF THE HARBOR
The Greater Port of
Pascagoula, MS consists of two harbors: The East Harbor located on the East
boundary of the City of
in the vicinity of Bayou Casotte; and the
The two harbors, the land
and buildings immediately adjacent, and the channels leading thereto constitute
the Greater Port of Pascagoula. The rates, rules, regulations and provisions of
this tariff apply equally throughout the Harbor area.
channel and turning basin project dimensions are:
Through Horn Island Pass,
450' wide by 42' deep from Horn Island Pass to the Pascagoula River turning
basin, 350' wide by 38' deep with a turning basin 950' wide by 38' deep; into
Bayou Casotte (East Harbor) from Buoy 36 into the mouth of the harbor channel,
350' wide by 42' deep through the south turning basin 1150' wide by 42' deep,
thence an inner harbor 300' wide by 42' deep to the north turning basin 840'
wide by 42' deep.
APPLICATION AND INTERPRETATION OF TARIFF
The rates, charges, rules
and regulations contained in this tariff, or as amended, shall apply at and to
all waterways, terminals and facilities of the Port Authority, and
participating Terminals, except as otherwise provided, and shall apply equally
to all users of the waterways, terminals and facilities. Rates and charges
applicable shall be those in effect at time service is performed. Revised pages
shall be issued to cover changes in this tariff, however, all rates, charges,
rules and regulations are subject to change without notice, except as may be
required by law.
The use of the waterways,
facilities and/or services under the jurisdiction of the Port Authority shall
constitute a consent to the terms and conditions of this tariff and evidences
an agreement on the part of all carriers, vessels, barges, their owners and
agents or all other users of such waterways, services and/or facilities to pay
all charges specified herein and be governed by all rules and regulations shown
in this tariff.
The Mississippi Air and
Water Pollution Control Act in Mississippi Code of 1972, section 49-17-1, et
seq, as amended, empowers the Department of Environmental Quality to enforce
the requirement of that Act, and all rules, regulations and orders promulgated
The Jackson County Port
Authority will not be responsible nor liable for any expense or costs, or for
any form of damages incurred by the owner, shipper, consignee or agent or any
cargo or by any vessel, its owners or agents, for or resulting from delay to or
the non-movement of any cargo or any vessel, including but not limited to costs
of rail car or motor vehicle or vessel detention charges or demurrage, caused
by or arising from compliance by the Jackson County Port Authority or any other
party whomsoever with an order or directive of the Department of Environmental
Quality issued pursuant to the aforestated Act and/or rules and regulations, or
as the same may be amended or revised.
LICENSES AND BONDS
Mississippi Code of 1972
(Annotated), Section 59-1-9, requires that all harbormasters, pilots, boatmen,
stevedores, surveyors, watchmen, police, ship chandlers, ship agents and all
other persons engaged in providing any type of service or operation on or at
any waterway or facility within the Harbor Limits of the Greater Port of
Pascagoula shall first obtain a license from the Port Authority to provide any
services or operations, is competent and well qualified to perform the duties
of such employment, and that such services are required for the protection of
the harbor and the advancement of public shipping. The Port Authority shall
issue License to such applicant, provided and upon condition that the licensee
furnish written evidence that the following is in force:
PERFORMANCE BOND - A good and sufficient bond (in an
amount to be determined by the Port Authority, but not to exceed the sum of
$5,000.00) payable to the Port Authority, conditioned according to law for the
faithful performance of the duties, services and operations proposed to be
provided and for the payment of all charges, rents, or other monies which have
or shall become due to the Port Authority.
Each company or person
desiring to do business on or in connection with the facilities of the Port
Authority shall file a completed License Application accompanied by the
necessary supporting information and insurance requirements called for therein
together with payment of the appropriate licensing fees.
The principle or surety may
terminate such coverage only upon not less than 30 days written notice to the
Port Authority, the termination of any coverage to automatically cancel any license
granted. The Port Authority may revoke any license granted for neglect of duty,
incompetence, inefficiency, physical disability, or for any other act or acts
detrimental to the interests of the Port Authority.
Any license granted under
the provision of this Rule is Subject to payment in advance of the privilege
license and fees shown in Rule 030.
PRIVILEGE LICENSES AND FEES
Mississippi Code of 1972
(Annotated), Section 59-1-39, establishes the following provisions:
shall pay a privilege license not to exceed five hundred ($500.00) dollars per
year, the amount within this limit, to be fixed and determined by the Port
Authority. Harbormasters, pilots, boatmen, surveyors, watchmen, police, ship
agents, ship chandlers and such other classes of employees and contractors
performing services for the public shipping as the Port Authority may require,
shall pay annually such license or permit fee as may be prescribed and required
by the Port Authority not to exceed fifty ($50.00) dollars.
It shall be unlawful for
any person or persons, to act as harbormaster, pilot, boatmen, stevedore,
surveyor, watchman, ship agent, ship chandler or in any other capacity as any employee
or contractor as the Port Authority may designate, without first being duly
licensed and qualified as set out in this section, or without having been
issued a permit that such service is necessary for the protection of the harbor
or advancement of public shipping.
It shall be unlawful for
any vessel, firm or corporation, to employ a harbormaster, pilot, boatman,
stevedore, surveyor, watchman, police, ship agent, ship chandler, or any other
classes of employees until such employees shall have been first duly licensed
and qualified as provided in this Section.
It shall be the
responsibility of all vessels, barges or other watercraft, or their agent, to
determine that all persons, firms or corporations performing or providing any
service or facility to or for account of the vessel, barge or watercraft, (Such
as, but not limited to, stevedores, ship chandlers, ship repairmen, customs
brokers, forwarders, electrical servicemen) are duly licensed and bonded to
perform such services or provide such facilities before same are employed or
authorized to perform or provide any service or facility for any vessel, barge
or other watercraft (See also Rules 025 and 035).
PENALTIES FOR FAILURE TO OBTAIN LICENSE OR EMPLOY UNLICENSED PERSONS
Any person, firm, vessel
association or corporation violating any of the Rules and Regulations
established by the Port Authority shall be subject to fines and imprisonment as
provided by law. (See also Liability for Damages and Violations, Rule 050).
Any person or persons,
vessel, firm or corporation, acting as or employing a harbormaster, pilot,
boatman, stevedore, surveyor, watchman, police, ship agent, ship chandler or
such other classes of employees and contractors as may be required by the Port
Authority, performing services for the public shipping, without first being
duly licensed and qualified as provided in this Tariff shall be guilty of a
misdemeanor and, upon conviction, shall pay a fine of not exceeding One
Thousand Dollars ($1,000.00) per day for each day while so acting, and serve
not more than thirty days in jail, or both, in the discretion of the court; and
it shall be unlawful and a misdemeanor for any person not licensed by the Board
of Commissioners to interfere with the duties of the harbormaster, pilot, boatmen,
stevedores or other employees, surveyors, watchmen, police, ship agents, ship
chandlers, or such other classes of employees and contractors who have been
duly licensed, while performing services for the public shipping except in
cases of distress; and any person or persons violating the provisions hereof in
that regard, on conviction, in the City, County or State Court, shall be fined
not less than $100.00 or sentenced to thirty days in jail, or both, and not
more than $1,000.00 or six months in jail, or both, for each offense at the
discretion of the court trying the case. (Mississippi Code of 1972 (Annotated),
TRESPASSERS SUBJECT TO FINES AND IMPRISONMENT
Authorized persons only are
permitted on port properties, all others will be considered trespassers subject
to fines and imprisonment as provided by the laws of the State of Mississippi.
DAMAGE TO PROPERTY OF THE PORT AUTHORITY
Users of the facilities of
the Port Authority shall be held responsible for all damages to the property of
the Port Authority occasioned by them and any such damage may be repaired by
the Port Authority and billed against the user responsible for such damage at
cost plus twenty per cent. (See also Bonding requirements, Rule 025)
050 LIABILITY FOR DAMAGES AND
Every Licensee or other
person, vessel, towboat, tug, barge or other watercraft (including owners,
agents or representatives thereof) shall be responsible for the payment of all
charges and costs resulting from damage caused directly or indirectly by them
to any Port Authority facility or waterway, and for the payment of any penalty
imposed for the infraction of any of the rules and regulations of this tariff.
Vessels required to make
berth applications (Reference Rule 070) shall, as part of its application,
advise the Port Authority of the protection and indemnity association (P &
I Club) which affords the vessel indemnity coverage as well as the name and
telephone number of the local legal representative thereof knowledgeable with
regard to such coverage.
Any damage caused by the
vessel to the wharf of any installation or equipment which is the property of
the Port Authority, whether it be through incompetence or carelessness on the
part of the pilot or officer of the ship carrying out operations or for any
other reason, shall be the responsibility of the master and of the owners of
the ship causing the damage.
Upon request to any vessel,
towboat, tug, barge or other watercraft, their masters, attendants, agents or
representative, the Port Authority shall promptly be furnished the name and
address of the owner of any such craft, together with such additional
information as may be necessary for the Port Authority to make collection of
charges, costs or penalties due. In furnishing such information, agents or
representatives shall not be relieved of their obligations as set forth herein.
The Port Authority shall
have the authority to require Bond or a satisfactory guarantee for the amount
of the damage caused, or a reasonable estimate thereof, from any vessel,
towboat, tug, barge or other watercraft which shall be involved in any act
causing damage to property or violation of any provision of this tariff or
applicable law, before such vessel or other craft shall be allowed to clear the
RESPONSIBILITY FOR PAYMENT OF CHARGES
Except as otherwise
provided, all carriers, vessels, their owners, or agents, and all other users
of the services or facilities of the Port Authority (including watercraft lying
alongside vessels berthed at any Port Authority facility) are responsible for
the payment of charges therefore, and bills will be payable upon receipt. All
parties requesting or utilizing the services and facilities of the Port
Authority hereby contract to pay for and be responsible for charges as provided
Agents of the vessel shall
be responsible for payment of and will be billed for all charges incurred by
the vessel or for which the vessel ultimately becomes liable under guarantee,
as well as for all charges for services of any nature to the cargo which may be
performed at the specific request of such agents or the vessel.
Agents acting for the
owners, shippers, or consignees of the cargo shall be responsible for the
payment of and will be billed for all charges for services to the cargo
performed at the request of said agents, including charges for demurrage
resulting from failure to remove or forward the cargo within the free time
period allowed under this tariff. Request in writing may be made to the Port
Authority in advance of billing, to present bills to other parties (including
carriers), in the first instance for payment.
PAYMENT OF CHARGES
All charges under this
tariff are due at the time the service is performed. All bills are due upon
presentation and failure to pay when presented shall place the name of the
carrier, vessel, their owner and/or agents or other users of the facilities
upon a delinquent list.
The Port Authority reserves
the right to estimate and collect in advance all charges which may accrue
against carriers, vessels, their owners and/or agents or against cargo loaded
or discharged by such vessels or other users of the facilities of the Port
Authority, including those whose credit has not been properly established with
the Port Authority, or those who are habitually on the delinquent list. Use of
facilities may be denied until such advance payments or deposits are made.
The Port Authority reserves
the right to apply any payment received against the oldest bills rendered
against common carriers, vessels, their owners and/or agents, or other users of
Ultimate Liability for
Payment of Charges:
Vessels and/or their owners
or agents shall be held liable for the payment of all charges incurred or guaranteed
by the vessel and its agent, including liability for the payment of all charges
incurred by the cargo, disclosure of principals to the contrary
notwithstanding. Application for berth made by agents of the vessel and request
made by agents acting for the owners, shippers or receivers of the cargo for
performance of any service under this tariff shall constitute an agreement by
said agents, as the case may be, to be held separately bound and ultimately
liable for the payment of all or any part of the charges incurred or guaranteed
by the vessel and/or its owners or by the cargo and/or its owners, shippers or
receivers, as the case may be.
All carriers, vessels,
their owners and/or agents, or other users of the facilities of the Port
Authority placed on the delinquent list for reasons provided in this tariff may
be denied further use of the facilities by the Port Authority until all charges
have been paid or reports required by Rule 065 have been filed.
CARGO STATEMENTS REQUIRED - ACCESS TO RECORDS
All steamship lines, rail,
truck or barge lines, importers, exporters, shippers, and their agents
including customs house brokers and freight forwarders, using port facilities,
shall furnish the Port Authority with copy of bills of lading, freight bills,
manifests and such other data as is necessary to develop and insure correct
assessment of terminal charges.
The document and
information referred to shall be furnished within 7 days after the arrival of
vessel at berth in the case of inbound cargo or within 7 days after departure
of vessel from berth in the case of outbound cargo.
All users of the Port
Authority facilities shall be required to permit access to their files and
transportation documents necessary for the purpose of audit for ascertaining
correctness of reports filed and documents furnished.
Failure, by those listed
above, to provide statements, documents or other information as set forth
above, within the time limit specified may be assessed a late fee of $50.00 for
each 7 day period or fraction thereof until such documents or information is
provided. The Port Authority may also place those responsible on the delinquent
list and subject to Rule 060.
ARRANGEMENTS FOR BERTH, SHEDDAGE, MARGINAL TRACK USE, MOORING
All vessels, barges or
other watercraft, or their owners or agents, desiring a berth and/or marginal
tracks, sheddage assignment, open dock use, anchorage, mooring place, or any
other facility shall, as far as possible but not later than 48 hours in advance
of the date of docking, make application therefore to the Port Authority in
writing and on forms prescribed, specifying the date of docking, sailing, and
the nature and quantity of cargo to be handled. The Port Authority reserves the
right to decline any application at its discretion. All assignments shall be at
the sole discretion of the Port Authority.
(C) No berth assignment
shall be made such that the berthing of any vessel will obstruct in whole or in
part the Federal Channel, or the use of any other port facility; or, will cause
the facilities to be subject to damage or destruction, or in any other manner
create a potentially hazardous condition to personnel, property, or the safe
and unencumbered flow of commerce.
As a part of its
application for berth, the vessel, its owners or agents, shall advise the Port
Authority of the protection and indemnity association (P & I Club) which
affords the vessel indemnity coverage as well as the name and telephone number
of the local legal representative thereof knowledgeable with regard to such
coverage. (Reference Rule 045)
Where berth facilities are
not readily available, layberths, anchorage or mooring clusters will be
assigned at the discretion of the Port Authority.
Application for berth or
other facility will be construed by the Port Authority to mean that all charges
will be promptly paid upon presentation of invoice therefore, and that all
rules and regulations of the Port Authority will be complied with. (See Rule
085, Dockage Charges.)
NOTE: A penalty charge equal to one day's
dockage shall be assessed against the Agent for any vessel, barge or other
watercraft that occupies a berth, and/or marginal track or sheddage dock space,
anchorage, open dock, mooring place, or any other facility in the port for
which a berth application in writing has not been received by the port
authority in advance of the vessel's arrival in port.
VACATING OF BERTHS
When any vessel has been
assigned a berth under the provisions of the Rule 070 of this tariff, and the
said berth is required, in the sole judgement of the Port Authority, for other
public purposes, such vessel shall upon order of the Port Authority immediately
vacate said berth. (The movement from the berth, under the terms and conditions
of this Item, shall impose no responsibility upon the Jackson County Port
Authority, and the move shall be at no expense to the Jackson County Port
Authority.) Any such vessel failing to so vacate such berth shall be assessed a
penalty Dockage at the rate of One Thousand Dollars ($1,000.00) per day or
fraction thereof. Assessment of said penalty Dockage shall not affect the right
of the Port Authority to effect removal of such vessel at the cost, risk and
expense of the vessel, her owner, charter, agent, or others.
REQUIREMENT OF VESSELS TO WORK OVERTIME
The agents and/or owners of
all vessels which are accepted for berthing at any terminal facilities of the
Jackson County Port Authority may be required to work the vessel continuously
to completion with overtime for vessels's account in all cases, when the berth
assigned to the vessel, or the assigned terminal or pier facility of the
Jackson County Port Authority is, in the sole discretion and judgement of and
when declared by the management of the Port Authority, to be congested or
threatened with congestion.
Any vessel in berth which
refuses to work continuously to completion shall vacate the berth immediately
(within three hours) upon orders of the Port Authority.
When a vessel loses her right
to a berth by refusing to work continuously to completion, such vessel will
forfeit her turn at the berth assigned and shall be placed last on the list of
vessels which are assigned to the berth or terminal.
Should any vessel fail to
vacate the berth or terminal facility or pier as herein provided, the Port
Authority shall have the right, authority and privilege to move or cause such
vessel to be moved from its berth at the vessel's own risk and expense.
Jackson County Port Authority, Port of Pascagoula, operates in full compliance
with the International Ship and Port Security (ISPS) code (additional reference
33 CFR 105). The property of the Jackson County Port Authority public terminals
are patrolled by security guards 24 hours a day, seven days a week.
Persons and their vehicles are subject to search as mandated by federal law. Failure to comply with any required searches by the security force will be considered grounds for denial of passage through the gates of Port property. All vehicles, whether personal or commercial, will be logged in at the gate on entry, and logged out on departure. All personnel must have a valid TWIC card as a form of identification for entry onto port property. Personnel without a TWIC card must be escorted under the TWIC Escort Policy of the Jackson County Port Authority.
Vendors, contractors, or other service providers seeking
access to port facilities must first obtain a Port License as described in Rules
025 and 030 of this Tariff. Persons and companies not licensed shall be denied
entry into the port unless special permission is granted by the Port Authority.
Vendors wishing to obtain a license to conduct business within the port should
contact the administration offices of the Jackson County Port Authority.
Parking is not allowed on the docks and aprons of the
Jackson County Port Authority public terminals. The docks, wharves, and
warehouses of the public terminals are considered Restricted Areas. Adequate
parking areas are available in areas leading to the docks and wharves. At
elevated levels of security conditions of readiness, persons will be informed
on entry into the port of specific designated parking areas.
The use of cameras, video equipment, or other recording
devices is not allowed on port property without the advance permission of the
Jackson County Port Authority. Persons violating this provision will be
required to surrender the discs, tapes, and / or the equipment itself
immediately until an investigation of the matter is complete.
(A) A security surcharge, as described in
this tariff item, shall be assessed against and collected from all vessels,
barges and cargo interests utilizing services or facilities of the Port
Authority in accordance with the notice filed with the Federal Maritime
Commission by the Gulf Seaports Marine Terminal Conference.
The security surcharge is assessed
to recover costs incurred for security assessments, security plans, equipment
purchase, installation and maintenance and staffing required to implement and
maintain surveillance and access controls mandated by the Maritime
Transportation Security Act of 2002 and U.S. Coast Guard regulation 33 CFR 105.
The security surcharge will be
assessed against vessels and barges as a percentage of total dockage charged,
and as a tonnage fee against cargo, with the exception of containers, which
will be assessed on a per unit basis. The security surcharge will be
assessed in addition to all other fees which may be due under this tariff as
VESSELS and BARGES; 9.25% of
total dockage assessed per port call
CARGO (to be billed to the party
● Break-bulk $ .195 per ton
● Bulk $ .045 per ton
● Liquid bulk $ .045 per ton
● Containers $
4.09 per loaded box
● Vehicles $ 1.00 per vehicle
Users of Port Authority services or
facilities who withhold, refuse or otherwise fail to pay properly assessed
security surcharges, shall be subject to the provisions contained in Rules 055
and 060 of this tariff. Additionally, at the sole discretion of the Port
Authority, such users may be denied service or required to deposit estimated
port charges in advance of using port authority facilities or receiving
Should any vessel fail to vacate the
berth or terminal facility or pier as herein provided, the Port Authority shall
have the right, authority and privilege to move or cause such vessel to be
moved from its berth at the vessel's own risk and expense.
(A) Except as
otherwise provided for herein, all vessels assigned, anchored, moored or
berthed at general cargo wharves will be assessed Dockage as follows:
Length Overall of
Vessel in Feet
901 and Over
Length Overall of
Vessel in Feet
Rater Per Foot
Rater Per Foot
Each Day Thereafter
Dockage will be assessed per foot
per twenty-four hour day.
Dockage assessed vessels, other than
barges and drill rigs, will be computed on the overall length appearing in
Lloyd's Register of Shipping.
NOTE 1: Dockage is based on a
twenty-four hour day beginning from time the vessel is secured in berth. Except as otherwise provided, after the
expiration of the first full day, a vessel using a berth twelve hours or less
will be charged for a half day; over twelve hours the charge will be the same
as a full day.
NOTE 2: Application for layberth status shall be made IN ADVANCE of vessel
docking in writing to the harbormaster. If such status is approved, layberth dockage will be calculated
utilizing the rates in Column II for first day and each day thereafter.
1. Except as otherwise provided, river
barges assigned, anchored, moored or berthed at general cargo wharves will be
assessed dockage at a rate of $0.91 per linear foot of barge for each
twenty-four hour day or fractions thereof, per barge.
2. Tug boat, tow boats, crew boats, work
boats moored at general cargo wharves for a period of two (2) hours or less,
will be assessed only a half days dockage.
3. Drill rigs anchored, moored or berthed
in State of Mississippi waters leased or controlled to the Port Authority will
be assessed Dockage at a rate of $3.50 per linear foot, length plus width, for
each twenty-four hour day or fraction thereof.
4. Drill rigs assigned, moored or berthed
at general cargo wharves will be assessed dockage
at a rate of $10.00 per running foot
of wharf used per day or fraction thereof.
090 HARBOR FEES
For the purpose of
assisting to defray the expense of the sponsorship, administration, and
maintenance of the port and harbors, including the supervision of shipping activity,
all vessels (including tugs and barges) of 600 or more gross registered tons
entering or leaving the harbor, shifting within or between harbors, or
otherwise utilizing or occupying the federal navigation project, shall be
assessed Harbor Fees, payable to the Port Authority by the vessel or its
agents, as follows:
1) HARBOR FEE
600 to 1,000 GRT ---------- 165.00
1,001 to 10,000 GRT ---------- 270.00
10,001 to 20,000 GRT ---------- 345.00
20,001 to 30,000 GRT ---------- 425.00
30,001 to 40,000 GRT ---------- 525.00
40,001 to 50,000 GRT ---------- 635.00
50,001 GRT and over ---------- 825.00
Tonnage computation will be on the highest gross tonnage figure appearing in
Lloyd's Register of Shipping.
(b) BARGES and tugs operated as a single unit or tow and traversing solely on
inland and/or intracoastal waterway will be assessed
a Harbor Fee of $147.50 per single barge tow, and $160.00 per tow for tows made
up of two or more barges.
(c) OCEAN-GOING BARGES and tugs operating as a unit will be assessed a Harbor
Fee of $345.00.
(d) DRILL RIGS will be assessed a Harbor Fee of $730.00, except JACK-UP RIGS
which will be assessed a Harbor Fee of $550.00.
(e) MILITARY VESSELS over 300 ft. LOA will be assessed a Harbor Fee of $345.00.
Exception: Military vessels calling Naval Station Pascagoula are exempt from
all Harbor Fees.
2) SUPPLEMENTAL HARBOR FEE:
In addition to the above, a Supplemental Harbor Fee based on the deepest draft
of a vessel, per port call, will be assessed as follows:
Less than 20' ----------- None
20' to 24.99' ----------- 20.00
25' to 29.99' ----------- 35.00
30' to 34.99' ----------- 55.00
35' to 37.99' ----------- 80.00
38' or greater ----------- 120.00
Where a vessel both enters and leaves (or leaves and enters) on the same voyage
or trip, only one Harbor Fee and one Supplemental Harbor Fee will be assessed
for the inbound/outbound transits.
3) HARBOR USE FEE:
In addition to the Harbor Fees for entering or leaving the harbor, Harbor Use
Fees shall be assessed as follows:
(a) Shifting: A Harbor Use Fee equivalent to 10% of the Harbor Fee and
Supplemental Harbor Fee shall be assessed to all vessels that shift within or
between harbors, for each shift where the shifting vessel enters or occupies a
portion of the federal navigation project. Inland vessels shall be exempt from
"Shifting" Harbor Use Fees.
(b) Facility Use: A Harbor Fee shall be assessed to all vessels that enter or
occupy a portion of the federal navigation project for periods exceeding four
hours, for purposes other than navigation, including but not limited to
anchoring, mooring, bollard pulling, submersible operations, and incline
testing. Such vessels shall be assessed a Harbor Use Fee of $400.00 for the
first 24 hour period or fraction thereof, and $200.00 for each additional 24
hour period or fraction thereof, while using/occupying the federal navigation
project. Vessels shall be exempt from "Shifting" Harbor Use Fees
during period that "Facility Use" Harbor Use Fees are assessed.
Bunker barges, crane barges, and vessels made fast to a dock are exempt from
"Facility Use" Harbor Fees.
An advance written request to use the federal navigation project for purposes
other than navigation shall be made to the Port Authority, and approval from
the Port Authority is required prior to commencement of operations.
Notwithstanding anything in this section, use of the federal navigation project
for navigation purposes shall at all times have priority over the uses
CLEANLINESS OF PREMISES
(A) Steamship agents and
operators and other users of docks, wharves, sheds and other property of the
Port Authority shall be held responsible for cleaning of said property which
they have been allowed to use or which has been assigned or leased to them,
including adjacent aprons, yards, open storage areas, rail tracks, roadways and
gutters, as directed by the Port Authority. If such user does not clean the
docks, wharves or other property he has been using to the standards set by the
Port Authority the Port Authority shall order the property cleaned and shall
bill the user responsible at cost plus 20%. The cost of all Port supplied labor
shall be based on overtime rates.
(A) Trash or rubbish which
was swept up by the user will be hauled away by the Port Authority and the user
billed at actual labor cost plus 20%. The charge for cleaning and for sweeping
shall be actual cost incurred, plus 20%, but not less than a total of $25.00
for each service. The cost of all Port supplied labor shall be based on
A charge for the removal of
full container loads of trash or rubbish will be made by the Port Authority at
its cost plus 20%. This charge shall be in addition to charges set forth above.
(See also Rule 100)
CLEANUP AFTER EACH VESSEL
Except as otherwise
provided in Rule 095, every stevedore shall be responsible for cleaning of
dock, wharf, pier, apron, warehouse, open areas and other space used in the
loading and/or unloading of vessels, barges or other watercraft, including the
removal, storing and stacking of all cargo handling equipment, gear, pallets
and dunnage and any equipment or materials left on
piers, wharves, docks, aprons, warehouses, open areas or other space by the
vessel, barge or other watercraft, not a part of the cargo, to spaces
designated by the Port Authority or space leased or rented by the stevedore.
Such cleaning and removals shall be done to the satisfaction of the Port
Authority promptly upon the completion of each loading or unloading of vessel,
barge or other watercraft. All expenses in connection with such cleaning or
removal shall be for account of stevedore working such vessel, barge or other
watercraft. (See also "Cleaning of Premises", Rule 095).
VESSEL WATCHMEN OR OFFICER ON BOARD
Any vessel or other
watercraft lying at the wharves, docks, piers, or elsewhere in the harbor,
shall at all times have on board at least one person in charge of such vessel
who has authority to take action in any emergency as may be required, or as may
be directed by the Port Authority.
The Port Authority provides
watchmen for the protection of the port property. These watchmen are to prevent
unlawful entry to Port Authority premises, provide surveillance of cargo,
prevent and report unauthorized removal of cargo from port premises, check
readiness of fire protective equipment, detect fire hazards, prevent smoking in
unauthorized areas, and for other general protection.
Port Authority watchmen
shall have no jurisdiction aboard vessels or other watercraft.
Port Authority watchmen are
not permitted to carry fire arms at any time in the performance of their
It shall be the duty of
port watchmen to notify the City, County and State Police Officials of any
violation of Port Authority Rules and Regulations, unlawful entry of port
premises, theft, the creation of any hazard, or other unlawful acts.
In case of fire, port
watchmen are to take all necessary actions, and shall notify Port Authority,
Pascagoula Fire Department
and U. S. Coast Guard.
THEFT OF CARGO FROM PORT PREMISES -
The unauthorized removal or
theft of cargo from port premises will be prosecuted to the full extent of the
law. Any person determined to have removed or taken cargo from port areas without
proper authorization may be barred or suspended from any further authorized
entry to port premises.
120 FIRE FIGHTING APPARATUS
The Port Authority requires
compliance with all local and federal regulations regarding fire fighting
apparatus, including but not limited to those in title 33 of the Code of
COUNTY PORT AUTHORITY
The presence of any party
whomsoever on, or the use of, or the occupancy by any such party on properties
or other facilities of the Port Authority, while engaged in any purpose or in
pursuit of any intention authorized or allowed under the rules and regulations
of the Port Authority or of this tariff, shall constitute and be evidence of
acceptance and agreement by such party to assume responsibility and liability
for any loss arising out of injury to or death of any person whomsoever and for
damage to or loss or destruction of any property whatsoever, including but not
limited to loss or damage to cargo or freight and marine loss or damage to
vessels, and to protect, defend, indemnify and save harmless the Port Authority
from and against any and all liability, including attorney fees and all costs
incurred by the Port Authority, for or in respect of any such presence on or
such use or occupancy by such party.
During the period of free
time allowed or while on wharf demurrage, cargo in transit sheds, shipside
warehouses, or in open areas at shipside is in the custody, care and control
of, and full responsibility therefor shall be assumed by the vessel or its
The provisions of this rule
are subject to the exculpatory provision on page B of this tariff.
The charges provided in
this tariff for wharfage, handling, dockage, demurrage, rental or lease arrangements,
and all other charges or fees, do not include any expenses for fire, windstorm,
water damage or other insurance coverage. All insurance coverage shall be
provided by the owners of the cargo or other interests, and the Port Authority
will not provide any such coverage under its policies or assume any obligation
whatsoever with respect thereto.
EXPLOSIVES, HAZARDOUS AND DANGEROUS ARTICLES
The handling, storage,
transportation, loading, unloading stowage and use of Explosives, Dangerous and
Hazardous Inflammable or Combustible articles (as defined by the U.S. Coast
Guard) at all of the facilities of the Port Authority, or on board any vessel
or other watercraft, railcar, tractor trailer, truck, motor vehicle or other
conveyance within the port shall be strictly in accordance with the rules and
regulations prescribed and established by the U.S. Coast Guard and all other
Federal, State, County and Municipal laws.
The storage, keeping or use
of gasoline, distillate, liquid petroleum gas or other petroleum products,
storage batteries, or other dangerous, hazardous or explosive articles on Port
Authority property is strictly prohibited except at such localities as may be
specifically designated therefore by the Port Authority.
NO: SMOKING, FIRES, ALCOHOLIC BEVERAGES, DRUGS, OR WEAPONS
No persons shall smoke,
have in their possession, or create any fire or lighted material in, on, upon,
or within the following:
A. Any shed, warehouse,
wharf, or other structure or area set apart for the loading, unloading, or
handling of cargoes.
B. Any truck, dray, float,
automobile, or vehicle of any kind when using the structures or areas described
in "A" above.
C. In the hold, or upon the
decks of any vessel while loading or unloading cargo.
Smoking is permissible only
in designated areas.
The possession and/or use
of alcoholic beverages, illegal drugs, firearms, or other deadly weapons on any
port property is prohibited.
ASSIGNMENT OF FACILITY SPACE
The facilities of the
Jackson County Port Authority are for storage, loading, unloading, and/or
handling of import, export, coastwise, intercoastal and local cargo exclusively. The Port Authority reserves the right to control
and allocate space in the public port terminals for the storage, loading,
unloading and/or handling of all freight on and/or in these facilities.
A penalty assessment equal
to the doubling of all applicable tariff charges shall be made against any
stevedore firm utilizing any area in public port facilities for the loading,
unloading, handling and/or storage of cargo without prior allocation by the
Port Authority of the space being used.
FREIGHT OR CARGO LIKELY TO DAMAGE OTHER FREIGHT OR CARGO
If, in the opinion of the
Port Authority, any freight or cargo is likely to damage other freight or cargo,
it may be moved to another shed, warehouse or location, or to private
facilities, at the risk and expense of the owner, without the necessity of
prior notice to the owner.
MAXIMUM LOADING ON FLOORS AND MAXIMUM HEIGHT OF PILING OR STACKING
The Port Authority reserves
the right to specify the maximum load that may be placed on the warehouse or
transit shed floors, or on the deck slab of the wharves, and the manner in
which single heavy pieces shall be moved over said floors or wharves. The Port
Authority also reserves the right to specify the maximum height to which any
commodity may be stacked or piled.
MACHINERY, EQUIPMENT, AND VEHICLES ON PORT AUTHORITY TERMINALS
The Port Authority
maintains the right to prohibit any party from bringing onto the Port Authority
terminals or other properties, any machinery, equipment, vehicle, or other
articles. Any party bringing any machinery, equipment, vehicle, or other
articles onto the Port Authority properties shall do so at their own risk, and
the Port Authority assumes no responsibility therefor nor for any liability the
owner may become subject to as a result thereof.
CLEANING AND REPAIRING EQUIPMENT
It shall be the duty of
stevedores and all other persons performing the loading, unloading, handling,
or other services on cargo at the Port Authority Terminals to keep clean and
maintain in good repair all of their cargo handling equipment and machinery so
as to prevent damages to or contamination of cargo, port terminal facilities or
transportation equipment; cleanliness of and repair to equipment and machinery
to meet standards set by the Port Authority.
Any leaking machinery shall
be immediately removed from the cargo handling and loading areas and taken to
the designated gear area. No repairs involving oil, hydraulic fluid, petroleum
distillate, or any hazardous liquid shall be made on Port Authority property
except in designated gear areas.
Spills or leaks of any oil
based or hazardous material on Port Authority property shall be reported
immediately to the port office, and shall be cleaned immediately by the owner
or operator of the equipment. Stevedores, or other persons described above
shall indemnify and hold harmless the Port Authority for any and all damages,
expenses, costs, and attorney fees incurred by the Port Authority as a result
of a violation of this tariff, including but not limited to the clean up or
mediation required by any government agency or otherwise.
WHARF OBSTRUCTION - STEVEDORES EQUIPMENT ON DOCK
Stevedore's tools, appliances,
equipment, donkey engines, vehicles or any other material or object which is
not part of the cargo will not be permitted to remain on wharves. If such
obstruction is not moved immediately upon notification by the Port Authority it
will be removed, stored, or sold by the Port Authority and the owner will be
charged with the expense incurred. The Port Authority, at its discretion, may
allow storage of such equipment and appliances in specified places on wharves
or in sheds or warehouses, or space may be rented or leased for such purposes
from the Port Authority. (See also Rule 175.)
All automotive and power
equipment of all kinds used in cargo handling operations shall be removed from
the Port Authority docks, piers, wharves, and warehouse at end of work each day
(and may not be stored thereon). The party owning or using such equipment shall
provide location (with Port Authority approval) for storage of such equipment.
(See also Rule 175 )
RENTAL OR LEASE OF SPACE
Stevedores and all others
desiring space for the storage of cargo handling equipment, gear, dunnage, pallets or any other materials in or on docks,
wharves, piers, transit sheds, aprons, or open areas, shall make application to
the Port Authority, and if such application is approved, appropriate rental or
lease arrangement for space shall be established (at Port Authority option).
Stevedores and all others
using any Port Authority space without authorization shall be billed for the space
so occupied at the rate of $0.10 per square foot per calendar day or fraction
thereof for such unauthorized use, and upon instructions from Port Authority
shall be required to vacate such unauthorized space. At the option of the Port
Authority such equipment, gear, dunnage, pallets or
any other materials remaining in unauthorized space may be removed by the Port
Authority to another location (on Port Authority property or outside thereof)
at the expense and for account of the owner of such equipment of materials.
ARRANGEMENTS FOR ELECTRIC POWER
Before any electrical
equipment, including lights, (either privately owned or rented from the Port
Authority) is connected at any Port Authority facility (where connections are
available) application must be made to the Port Authority for such service.
The Jackson County Port
Authority does not engage in the stevedoring business. Such services are
performed and charges therefor made by the private stevedoring companies
licensed by the Port Authority.
190 STEVEDORES/TERMINAL OPERATORS
AND CARGO HANDLERS TO PERFORM LOADING, UNLOADING AND TERMINAL SERVICES
All handling services at
are provided by licensed
stevedores/terminal operators and cargo handlers. All licensed stevedores/terminal
operators and cargo handlers that perform loading, unloading, handling and
other services provided for herein shall pay the Port Authority the Usage
Charges provided in Rule 195.
Such parties shall, unless
otherwise provided, be responsible for any damage or delay to cargo, delays to
transportation equipment. The Port Authority will not assume any responsibility
for damage or delay to cargo, nor for delay to rail cars, trailers, trucks,
containers, barges or other transportation equipment, or any demurrage, rental
or other charges accruing thereon.
Rates, charges and
regulations relating to loading and unloading are contained in Section V
hereof. Such charges shall be billed by stevedores/terminal operators or cargo
handlers directly to the party for who these services are performed.
The Port Authority does not
participate in negotiations related to handling charges and inquiries
concerning same should be directed to the licensed stevedores/terminal
operators or cargo handlers.
operators and cargo handlers shall notify the Port Authority in writing or by
telecommunication at least 72 hours in advance of the effective date of any and
all changes in rates or charges in order that the Port Authority may file same
with the Federal Maritime Commission on or before the effective date of the
rate. Those required to do so are listed as follows:
1) Coastal Cargo Company,
2) CSA Equipment Company,
3) Stevedoring Services of
4) Tri-State Maritime Services,
STEVEDORING/TERMINAL USE CHARGES
Stevedoring and Terminal Use Charges are fees assessed to the stevedore and
terminal operator for the privilege of using Port Authority terminals and
facilities to conduct their business.
(A) Each stevedore, stevedoring company or
other person performing the loading or unloading of vessels, barges or other
watercraft at terminals, docks, wharves, piers or other facilities of the Port
Authority, will be assessed a Stevedore Use Charge of $0.20 per ton, as cargo
is otherwise rated, on all cargo loaded to or discharged from such vessel,
barge or watercraft, which charge shall be in addition to all other fees,
licenses or charges provided in this tariff.
(A) Each terminal operator, terminal
operating company or other person performing the loading or unloading of
trucks, railcars, motor vehicles, containers, or other inland conveyance at
terminals, docks, wharves, piers, or other facilities of the Port Authority
will be assessed a Terminal Use Charge
of $0.15 per ton, as cargo is otherwise rated, on cargo handled. This charge is in addition to all other fees,
licenses, or charges provided in this tariff.
The Port Authority will
provide, as a service to its customers, placement of rail cars within the port
terminals. During normal working hours (0800 - 1700 Mon. - Fri), placement will
be provided at no cost. Before or after normal working hours, on weekends, and
on holidays, the Port will place cars, subject to prior arrangement, at the
rate of $70.00 per hour. There will be a two hour minimum charge for call out.
As this service is provided solely to assist its shippers, the Port will not
be liable for any charges incurred due to the non-availability of the switch
engine or personnel.
(A) The charge
for Fresh Water supplied by the Port Authority will be $2.00 per ton, subject
to a minimum charge of $75.00. An
additional fee of $100.00 will be charged when water is supplied during overtime
210 CHARGES FOR
specifically provided to the contrary in other Rules or Items of this Tariff,
services of a miscellaneous nature, may be performed by the Port Authority at
its option and convenience, on basis of actual cost of labor, supervision,
equipment, supplies and materials, plus 20%, subject to a minimum charge of
$25.00 for each service.
WEIGHING OF TRUCKS
The Port Authority will
weigh trucks, trailers and other vehicles (not railcars) at the rate of $4.00
per weighing (in and out). Charge includes the gross and light weighing of
vehicle, if required. A certified weight certificate will be furnished where
both gross and light weights are obtained by the Port Authority at its scale.
Weighing charges named
above apply for straight time only. If weighing is performed on overtime the
provisions of Rule 210 will apply. If vehicles are overloaded, or if for any
other reason, have to be reweighed, a separate charge will be made for each
220 TRANS-SHIPPED CARGO FROM OR TO
Cargo trans-shipped at
other ports and moving via rail, barge or highway carrier to the Port Authority
facilities, and outbound cargo trans-shipped at Port Authority facilities and
moving via rail, barge or highway carrier to other ports for furtherance or for
storage will be assessed a service charge of $1.50 per net ton of 2,000 pounds
or 1,000 bdft (as applicable), in addition to the
applicable wharfage charge, and charges for unloading and/or loading and other
services performed as provided in this Tariff.
WHARFAGE CHARGES -- APPLICATION OF
Cargo shall be considered
to have earned wharfage when placed within the port whether upon a wharf,
storage area, or transit shed and wharfage will be collected whether or not
eventually loaded on a vessel.
Wharfage charges are due
and collectible on all cargo loaded to vessel direct from barges or other
watercraft alongside or from the water alongside; and wharfage charges are also
due and collectible on cargo discharged from vessel direct to barges or other
watercraft alongside or into water alongside.
Charges for wharfage are
due and collectible from owners of the cargo; however, parties named below (See
Note 1) may be billed and held responsible and liable for payment or
advancement (net 30 days) as the case may be, of wharfage charges to the Port
Authority, collection and payment of which at all events must be guaranteed by
the vessel as an ultimate liability of the vessel.
Note 1 The vessel, Foreign
Freight Forwarder, Custom House Broker, Steamship Agent, Stevedore or other
party who by any act or appearance gives evidence to the Port Authority of
representing the owner, shipper or receiver of the cargo, disclosure of
principal to the contrary not withstanding, on all cargo moving coastwise, intercoastal or foreign.
Note 2 See
"Trans-shipped Cargo, Rule 220."
230 VOLUME INCENTIVE RATES
In order to attract cargoes to the
, and as an incentive to
volume cargoes, the Port Authority reserves the right to negotiate reduced
wharfage rates for specific cargoes on a volume basis.
Shippers who guarantee tonnage
minimums stipulated and desire to take advantage of the lower wharfage rates,
must notify the Port Authority of this intention, in writing, in advance of the
first cargo. If a shipper is granted the
lower charges and fails to meet the minimum tonnage, the Port Authority will
assess back charges to the extent applicable at the normal wharfage rate for
Volume rates will be quoted upon
Except as otherwise specifically
provided herein, free time of 30 calendar days (including Saturdays, Sundays and holidays) is allowed by the Port
Authority in its transit sheds, ship-side warehouses, and open areas at ship-side,
on individual shipments of in-transit cargo in the care, custody and control of
the vessel, shipper, consignee, cargo owner or their agents. Free time begins as provided in Rue 680,
unless otherwise noted.
Upon the expiration of free time, the
shipment will be subject to wharf demurrage or storage conditions as provided
in Rules 240 and 245.
In the event of unusual
circumstances, requests for extension of free time will be considered by the
Port Authority when submitted in writing prior to expiration of normal free
time. The Port Authority reserves the
right to grant or refuse any request for extension of free time.
Exception: Bundled Lumber for Export - 120 calendar days provided that single shipper cargo volumes in port do not exceet 1 MBFT. In instances where a single shipper has a total in-port volume exceeding 1 MBFT, the free time for all such cargo which is excess of 1 MBFT shall be limited to 60 calendar days.
240 CONDITION ON WHICH
CARGO MAY REMAIN AFTER EXPIRATION OF FREE TIME
After the expiration of
free time as provided in this Tariff, cargo shall become subject to the
provisions of this Tariff applicable to cargo remaining beyond the free time
period, and all expenses therefore, including handling, transfer, demurrage, or
other expenses shall be solely for account of the vessel, shipper, consignee,
owner of the cargo or their agents, and no responsibility is assumed therefore
by the Port Authority. (Also See Rule 245)
After expiration of free
time and at the sole option and convenience of the Port Authority
1. The shipment may be allowed
to remain in the care, custody and control of the vessel, shipper, consignee,
owner of the cargo or their agents, in the transit sheds, ship-side warehouses or open areas at ship-side,
subject to charges for storage or wharf demurrage as provided in this Rule and
2. The shipment may be
moved, at the expense of the vessel, shipper, consignee, owner of the cargo or
their agents, to back storage warehouses or back open storage areas at transfer
rates as provided for in this tariff. In addition to transfer charges, such
cargo will be subject to wharf demurrage as provided in Rule 245.
3. The Port Authority may
order the shipper, consignee, owner of the cargo or their agents to make
alternate storage arrangements and remove cargo from Port Authority facilities.
If cargo shipper, owner, or agent does not comply with the Port Authority
removal order, the Port Authority may place such cargo in a public storage
warehouse, or on a public storage open area at the risk and expense of the
cargo. All unpaid port charges which may be accrued against the cargo at that
time shall constitute a lien against said cargo.
In the event of unusual
circumstances and at the sole discretion of the Port Authority, storage
arrangements may be requested at rates and conditions to be negotiated.
The wharf demurrage rates apply to
shipments which the Port Authority allows to remain on or in its facilities
beyond the free time period, but the Port Authority does not guarantee to allow
any shipment to remain on or in its facilities beyond the free time provided in
Upon expiration of free time
provided in Rule 235 of this Tariff, wharf demurrage rates as shown below will
apply on all shipments allowed to remain in transit sheds, ship-side warehouses,
and shipside open areas in care, custody and control of the vessel, shipper,
consignee, owner of the cargo or their agents (Port Authority option):
(A) (A) $3.25 per net ton for the 1st 15 day
period or fraction thereof.
(B) $3.25 per net ton for the 2nd 15 day
period or fraction thereof.
(C) $4.00 per net ton for the 3rd 15 day
period or fraction thereof.
(D) $4.00 per net ton for the 4th 15 day
period or fraction thereof.
Note 1: Demurrage charges on bulk
shipments shall be 50% of the above listed rates.
247 CARGO DAMAGED BY FIRE, FLOOD, ETC, WHILE ON PORT PREMISES
that sustains damage due to fire, flood and other occurrences while on Port
premises must be removed promptly to provide for the flow of commerce. If not
removed within 30 days of notification by the Port, the cargo will be removed
and sold or disposed of. Prior to removal, all involved parties will be
notified and all outstanding charges will be assessed and are due at the date
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