Victoria County Navigation District
Tariff No. 1-A
Issued: November 1, 2001
Effective: January 1, 2002
SECTION 1: GENERAL INFORMATION, RULES &
REGULATIONS
DESCRIPTION & JURISDICTION OF NAVIGATION
COMMISSION
ITEM: 1
The Victoria Barge Canal is a sea level canal with
an authorized depth of 12 feet and channel width of 125 feet. It
extends approximately 35 miles from an intersection of the Gulf
Intracoastal Waterway at San Antonio Bay south of Seadrift Texas. It
terminates at Pickering Turning Basin approximately 7 miles south of
Victoria, Texas. Two highway bridges cross the canal and have an
approximate clearance of 51 feet vertical and 75 feet horizontal. A
lift span railroad bridge crosses the channel near Mile Mark 29.4.
Mariners are to consult appropriate authorities
and information sources when determining constraints upon navigation in
the Victoria Barge Canal and not rely upon information contained herein
for the purpose of safe navigation.
The Victoria County Navigation District is
administered by three Commissioners having jurisdiction over and
control usage of that portion of the Victoria Barge Canal and
Navigation District properties which lie within Victoria County, Texas;
including the turning basin, industrial development properties and rail
switch trackage extending approximately two miles between the turning
basin and the UPRR main line.
The Port of Victoria, through its staff, manages
the daily requirements of the Victoria County Navigation District.
Through a joint administrative agreement, the Port of Victoria further
manages the daily requirements of the lower reach of the Canal which
lies within Calhoun County, Texas. The administration of this portion
of the Canal is within the jurisdiction of the West Side Calhoun County
Navigation District, and its Commissioners.
DEFINITIONS
ITEM: 5
The following definitions will apply to this Tariff
and all other tariffs which may be prepared by the Victoria County
Navigation District:
1. AGENT: The party or entity responsible for a
request for services or the Owner / Operator of a tow or its equipment
upon waters of the Port.
2. AUTHORITY or PORT: The Victoria County
Navigation District and its agent, the Port of Victoria.
3. BERTH: The water area at the edge of a wharf,
including mooring facilities, used by a vessel while docked.
4. CARGO: The measured product moved by any
conveyance on or off the properties of the Authority for which charges
will be assessed based on weight, volume or head count.
5. DAY: A period of 24 consecutive hours or
fractional part thereof.
6. DOCKAGE: The charge assessed against a vessel
for berthing at a wharf, pier, bulkhead or for mooring to a vessel so
berthed.
7. EXECUTIVE DIRECTOR: The person serving as
Executive Director of the Authority.
8. FACILITIES: Any wharf, dock, berth, fleet, shed,
warehouse, improved open area, rail track, pipeline, road, equipment,
material handling machinery, appliance, land or any structure of any
kind which is within the jurisdiction of the Authority and is owned or
leased by the Victoria County Navigation District.
9. FLEET: The areas determined by the Authority to
be used for lay berth of vessels not engaged in cargo operation.
10, FREE TIME: The specified period during which
cargo may occupy space assigned to it on Authority property free of
wharf demurrage or terminal storage immediately prior to it loading or
subsequent to the discharge of such cargo on or off the vessel.
11. HANDLING: The specific service of physically
moving cargo between points of rest and any place on the properties of
the Authority
12. LINER SERVICE: Vessels making regular scheduled
calls for he receipt and delivery of cargo and/or passengers.
13. LOADING & UNLOADING: The service of loading
or unloading cargo between any place on the facilities and rail cars,
barges, lighters or trucks or any other conveyance to or from the
facilities.
14. POINT OF REST: The area of any facility of the
Authority which is assigned for the receipt of inbound cargo and for
the delivery of outbound cargo to or from vessels, consignees, shippers
or other transportation conveyance.
15. SHED HIRE: A service charge for providing a
wharf shed for assembling and distributing cargo.
16. STORAGE: A service provided for the use of
facilities for inbound or outbound cargo, from any conveyance, after
the expiration of free time.
17. SWITCHING: The act of and service of placing
rail cars on Authority facilities between line haul trackage and
Authority trackage.
18. TARIFF: The rates, charges, rules and
regulations governing activity and use of the facilities of the
Victoria County Navigation District as set forth in this agreement and
any amendments thereto.
19. TON: A unit of weight of 2,000 pounds.
20. TRANSLOAD: The service of transfer of cargo
between rail car and other transport conveyance.
21. USAGE: The use of Authority facilities by any
rail carrier, lighter, operator, trucker, shipper, consignee, their
agents, servants and/or employees when the perform their own Handling,
Loading or Unloading; or the use of any facilities for any gainful
purpose for which a charge is not otherwise specified.
22. USER: Any rail carrier, lighter, operator,
trucker, shipper or consignee using the facilities of the Authority.
23. VESSEL: Includes within its meaning every
description of watercraft whether self-propelled or non self-propelled,
used or capable of being used, as a means of transportation on water
and shall include in its meaning the owner thereof.
24. WHARF: Any wharf, pier, landing, quay or other
stationary structure to which may be utilized in the transit or
handling of cargo or passengers and shall include other Port facility
areas along side of which vessels may lie or which are suitable for and
are used in the loading, unloading, distribution, assembling or
handling of cargo.
25. WHARFAGE: A charge assessed against the cargo
or vessel on all cargo passing or conveyed over, onto or under wharves
or between vessels ( to or from barge, lighter or water) when berthed
at wharf or when moored in a slip adjacent to wharf. Wharfage is solely
the charge for use of wharf and does not include charges for any other
service.
26. WHARF DEMURRAGE: The charge assessed against
cargo remaining in or on facilities of the Authority after the
expiration of free time unless arrangements have been made for storage.
APPLICATION OF TARIFF
ITEM: 10
The rates, rules and regulations published in this
tariff apply equally to all cargo, users of the waterway and facilities
of the Victoria County Navigation District. The use of Authority
facilities constitute an acceptance by the User of all charges, rules
and regulations published. The User agrees to pay all charges and be
governed by all rules contained herein.
Amendments may be issued to address needed changes
or revisions to the Tariff. The Tariff is subject to change without
notice at the discretion of the Authority’s Commissioners. The
Authority’s Commissioners reserve the right to determine the
charge or interpret the Tariff should it not specifically address the
issues at hand so long as it is applied equally.
LIMITATION OF LIABILITY
ITEM: 15
Except for liability under Texas law, if any, for
damage caused by its negligence, the Authority shall not be liable for
any loss or damage to any cargo handled over or through its facilities,
nor shall it be liable for any delay, loss or damage resulting from
strikes, tumult, channel blockages or acts of God.
The Authority is not a common carrier and does not
accept care, custody or control of any cargo or other property while on
its wharves, docks, buildings or other facilities managed or controlled
by the Authority.
Liability for loss or damage as a result of
switching operations on Authority trackage is set forth and governed by
contact between the Authority and the Railroad.
The Authority has jurisdiction over all properties
whatsoever, within the District and shall make and enforce such rules
and regulations as may be necessary to promote and facilitate traffic,
business and to secure safety and equal convenience to all authorized
users thereof.
No provision contained in this Tariff shall limit
or relive the Authority from liability for its own negligence, nor
require any authorized user to indemnify or hold harmless the Authority
from liability for its own negligence.
AUTHORITY HELD HARMLESS
ITEM: 20
All Users agree to indemnify and save harmless the
Authority from and against all losses, claims, demands and suits for
damages, including death and personal injury, and including court costs
and attorney fees, incident to or resulting from their operations on
the property of the Authority and the use of its facilities.
DAMAGE TO NAVIGATION DISTRICT PROPERTY
ITEM: 25
All vessels, owners, agents and users of Authority
facilities shall be responsible for all damage to property and
facilities of the Authority resulting from their use. Any such damage
shall be repaired and billed against the user responsible, whether or
not such damage is caused by negligence or use by operation and/or
conduct of third parties participating with them. The expense of
replacement or repair will be billed against the responsible party for
such damages at cost plus 20%.
For facilities utilized under exclusive or
preferential agreements, damage and repair requirements may, as agreed
by Authority, be conducted annually through joint survey and subsequent
determination of user responsibility.
HOLIDAYS
ITEM: 30
The Authority observes the following holidays:
• New Year: January 1
• Memorial Day: May 30
• Independence Day: July 4
• Labor Day: 1st Monday in September
• Thanksgiving Day: 4th Thursday in November
• Christmas Day: December 25
If any holiday falls on a Sunday, the following
Monday will be the day of observance.
SIGNS
ITEM: 35
Erection or painting of signs on Authority property
or structures is prohibited. Signs may be erected only upon written
consent of the Commission subsequent submittal of design, dimension,
proposed location, materials of construction, fastenings and method of
erection. Authority reserves the right to make modification to the
foregoing submittal and to remove any erected sign for lack of
maintenance subsequent a written notice and 30 day cure period. Should
authority removal be required, removal will be at cost plus 20%.
DEMURRAGE OR DETENTION
ITEM: 40
Except when caused by its own negligence, the
Authority will not be responsible for any demurrage or detention on
railcars or trucks.
HARBOR MODIFICATIONS
ITEM: 45
The Authority maintains sole jurisdiction over the
waterway, lying within Victoria County, Texas, and any modifications or
structures within it. No piles shall be driven nor shall any platform
be erected without out written permission from the Authority.
Furthermore, no modifications or alterations to the bank or waterway
are permitted without obtaining written authorization; this includes
any of the following: filling in, construction, repair, dredging,
removal or demolition of any kind made to the waterfront or channel.
INSURANCE
ITEM: 50
The charges provided herein do not include any
expense for insurance covering owner’s interest in the property,
nor will insurance be affected by this District under its policies.
ACCESS TO RECORD
ITEM: 55
Vessels, their owners, agents and masters, and all
other users of the facilities shall be required to permit access to
manifests of cargo, railroad documents and all other documents for the
purpose of audit for ascertaining the correctness of reports filed; or
securing necessary data to permit correct estimate of charges.
PAYMENT OF INVOICES & CHARGES
ITEM: 60
All bills are due upon presentation and failure to
pay when presented shall place the name of the vessel, its owners and
agents, or other users of the facilities upon a delinquent list. Any
invoice remaining unpaid 30 days past the invoice date is subject to an
interest charge of 12% per annum calculated on a daily basis for each
day over 30 days until paid in full. Prompt written response is
required for any invoice in dispute or else accrued interest charges
will apply.
Presentation of bills to owners and agents of
vessels or to stevedores is done as a matter of accommodation and
convenience, and shall not constitute a waiver of the lien for charges
furnished the vessel for which the maritime law provides a lien.
The Authority reserves the right to estimate and
collect in advance all charges which may accrue against vessels, their
owners and agents, or against cargo loaded or discharged by such
vessels or from other users of the facilities of the Authority whose
credit has not been properly established or remains in good standing
with the Authority. Use of facilities may be denied until such advance
payment or deposits are made.
The Authority reserves the right to apply any
payment received against the oldest bills rendered against vessels,
their owners and agents, or other users of facilities.
Vessels, their owners and agents, by the loading of
cargo from wharves or the discharging of cargo thereon, agree to pay
all penalty charges then accrued or which may accrue on such cargo, as
well as any charges which may accrue from the removal of such cargo to
another part of the wharves for storage elsewhere. These charges shall
be assessed against the vessels, their owners and agents responsible
for the cargo and making use of a berth as permitted by the Authority.
Vessels, their owners and agents shall make
collection of penalty charges before releasing merchandise. The amount
of accrued penalty charges may be obtained from the Authority.
FIRE PROTECTION
ITEM: 65
Smoking and the use of open lights or fires in or
around facilities of the Authority or on any vessel or rail car within
the jurisdiction of the Authority is strictly prohibited.
Handling of explosives is strictly prohibited
without the prior written consent of the Authority.
The storage, keeping or use of acid, gasoline,
distillates or other liquid petroleum product, except lubrication oil,
on properties of the Authority is strictly prohibited. The Authority
may authorized acceptable designated areas at the request of a tenant
so long as tenant agrees to conform to any requirements of the
Authority regarding the material, its use or security of the designated
area.
No person may obstruct or interfere with free and
easy access in case of fire to any properties or facilities within the
jurisdiction of the Authority. No person shall remove or in any manner
disturb any fire extinguisher, fire hose, hydrant or any other fire
fighting appliance installed or placed in or upon the port facilities.
• Section 2: Regulations
Governing Use of Waterway
• Section 3: Regulations
Governing Facilities & Cargo
