§ 13-23. Payment of bills; penalty charge.

(a)

Charges for dockage, wharfage, penalty, etc., are assessed against vessels and the operator, owner and agents as well as the vessel itself shall be liable therefor. Presentation of bills to owners and agents of vessels, or to stevedores, shall not constitute a waiver of the City of Aransas Pass lien for charges against a vessel for which the State of Texas and federal maritime laws grant a lien. All bills are due and payable when presented; terms cash. Errors, if any, must be brought to the attention of the city within ten (10) days or the amount billed will be considered correct. Failure to pay the full amount due within thirty (30) days from the date of the invoice shall be cause for the name of the vessel, its owners and agents or other users of the facilities to be placed on the delinquent list and a penalty of one and one-half (1½) percent per month shall be added to such account until paid in full.

(b)

The city will not assist in collecting penalty and/or similar which may be passed on the shippers and consignees by the vessel, its owners and agents. The city's bills are due and payable when presented regardless of when the vessel, its owners and agents are reimbursed; except, however, where barge carriers have specifically provided for payment of charges in I.C.C. approved tariff, they may limit their liability by advance information concerning tariff and item number and other information for proper billing. Further, vessels, their operators, owners and agents may limit their liability in regard to penalty charges on inbound cargo and cargo drayed off dock by advance notice to the City of Aransas Pass twenty-four (24) hours before such cargo is released. The city reserves the right to apply any payment received against the oldest unpaid bills rendered against vessels, their operators, owners and agents, or other users of the harbor facilities, and further reserve the right to estimate and collect in advance all charges against vessels, operators or agents whose credit has not been established.

(Ord. No. 3253, § 2, 10-7-85)