Tariff

1. Preliminary

100 – Jurisdiction
110 – Applications of Tariff
120 – Terms of Tariff

3.
Rules and Regulations Governing Use of Facilities

300 – Arrangements for Berth
305 – Responsibility for loss or damage
310 – Watchmen Required
315 – Access to Records
320 – Signs
325 – Payment of Bills
330 – Delinquent List
335 – Unauthorized Use of Space and Property
340 – Cleaning and Refuse
345 – Damage
350 – No Parking
355 – Car/Truck Loading/Unloading
370 – Use of Liquid Products Facility
375 – No Smoking
380 – Explosives
385 – Damaged Cargo
390 – Motor Driven Equipment

4. Port Charges

400 – Harbor Fee
410 – Dockage
420 – Electricity
430 – Fresh Water
435 – Bilge
445 – Freight Handling Equipment
450 – Shed Hire
455 – Sale of Sand

5. Wharfage

500 – Definitions
505 – Wharfage Earned
510 – Traffic
515 – Storage
520 – Free Time
525 – Penalty
530 – Definition Day – Month
535 – Definition of Ton
540 – Computing Time
550 – Wharfage Rates

7. General
Information

700 – Land Use & Rental
710 – Terminal
800 – Matagorda Harbor

The Commissioners of the Port of Bay City Authority of Matagorda County, Texas hereinafter called the “Commission”, have jurisdiction over and control of the use of the Colorado River Tributary of the GIWW to and including the Port Turning Basin and the Matagorda Harbor. All the water front, wharves, docks, piers, landing appliances of all kinds, freight handling machinery and all other equipment and property owned and operated by it or under its control and shall make and enforce such rules and regulations as may be necessary to preserve and promote order and to facilitate traffic and business. All parties and persons and all water craft of any kind, including barges, must conform to the rules and regulations of the Commission when within the territory owned by it or under it’s jurisdiction. The Commission has the power and constitutes the only authority to regulate and fix charges for the use of such waterways and facilities under it’s jurisdiction.

Item 110 – Application and Tariff Amendments

The rates, rules and regulations contained in the tariff shall apply equally to all users of the waterways and facilities and shall apply to all traffic on the waterways and facilities on and from the date when this Tariff or any Tariff & amendments thereto become effective.

Item 120 – Consent to Terms of Tariff

The use of the waterways and facilities under the jurisdiction of the Commission shall constitute a consent to the terms and conditions of this tariff and all amendments thereto and reissues thereof evidence an agreement on the part of all vessels, including barges, their owners and agents and other users of such waterways and facilities to pay all charges specified in this tariff and all amendments and reissued tariffs and to be governed by all rules and regulations contained herein and in amendments hereto and reissues thereof.

Section 2 – Rules and Regulations for use of Harbor and Channel

Item 200 – Speed Limit

All vessels, including barge tows, entering or leaving the Bay City Turning Basin shall do so at a speed or not more than four nautical miles per hour, unless greater speed is temporarily required for the proper handling of the vessel, but the vessel shall at all times be under control, while negotiating the Colorado River Feeder Channel in either direction, shall not exceed eight nautical miles per hour. Any vessel exceeding speeds prescribed is liable to a penalty provided by the Federal Government, as well as for any damages that may arise. In Matagorda Harbor, the speed of any craft shall not produce a wake within the harbor.

Rules of the Road to Apply

All vessels and water craft of any kind, including barge tows, using the Colorado River Channel, the Colorado River Feeder Channel and the Turning Basin must strictly obey the Federal Rules of the road governing navigation on the waterway.

Item 210 – Accidents and Permits for New Construction

In the event of collision between any craft or vessel, including barge tows, with another craft or between any craft or vessel, including barge tows, and any wharf, dock, pier, bridge or structure, the owner and operator of the craft vessel or barge tow involved in such accident must file, within 24 hours, with the Commission, a comprehensive report setting forth clearly all details of the accident, causes and damages.

No loading and no unloading operations at miscellaneous locations along the canal or waterway shall be permitted where such activities cause craft, vessel or barge tow to be moored wholly or partly in the navigable channel.

A permit for any new structures must be obtained from the District Engineers, Corps of Engineers, U. S. Army, Galveston, Texas. This will include all wharf structures, mooring facilities, pipe line crossings, aerial lines and structures. Permit will be issued after consideration of the proposed construction.

Item 220 – Pollution

It shall be unlawful for any person or persons using or located on the waterway of this Authority to throw or cause to be deposited within the navigable channel any heavier than water object or bulk which may cause impairment of the width and/or depth of the channel.

Similarly no sewage, garbage, dead animals or any objectionable odoriferous waste or other debris of any sort which might pollute, defile or clog part of the waterway shall be allowed. This especially applied to oil and the Masters of all vessels are warned of the severe penalties provided by State and Federal laws in such cases.

Petroleum and petroleum products are highly inflammable and extreme care and precautions must be taken to avoid such discharge to the waterway. When such petroleum products reach the waterway by accident or carelessness they must be promptly removed by the owner, Master, Agent or operator by use of tank truck with vacuum pump or other means. Failure to promptly remove such inflammables shall be justification for the Commission taking protective measures and billing resulting costs against such owner, Master, Agent or operator.

Item 230 – Lights

All vessels or barges shall display lights from sunset to sunrise while lying at any wharf or dock, or lying at anchor within the turning basin; vessels to conform to navigation rules applying when anchored in the channel; the barges to display white lights visible all around the horizon located at least eight feet above the water line or their outside or channel corners.

Item 240 – Cargo Statements

All craft, barges or vessels operating on the waterways of the Authority shall promptly report the cargo as unloaded and loaded. The report to show separately inbound and outbound cargo as it appeared in bulk or units of packages, cases, drums, poles, or other forms. These reports shall be furnished on prescribed forms to assure coordination with statistics published by governmental agencies.

Item 250 – Removal of Vessels

All vessels, including barge tows, entering Matagorda Harbor or the Port will be assigned a berth, or mooring place which shall not be changed without notice. Whenever it is deemed necessary or advisable, the Commission may order any vessel, craft or barge to shift her berth or place. Due notice of this shall be given to the master or person in charge who shall take immediate steps to comply with the order, and in the case of failure or neglect to comply with the order, the Commission shall have the right to cause the vessel, craft or barge to be removed as ordered at expense and risk of craft in question.

Item 260 – Harbor & Safety Requirements

All vessels, craft or barges shall at all times be properly made fast in the berth, or place assigned to them using good and sufficient moorings which shall be the satisfaction of the Commission, who at any time shall have the right to demand that more or stronger mooring be put out, or that the same be changed or moved as may be deemed advisable or necessary and all such vessels, craft or barges shall in all other respects comply with the regulation of the Authority.

Item 270 – Fire Signal

In the event of fire occurring on board any vessel in the Bay City Harbor, except vessels under way, such vessels shall sound five prolonged blasts of the whistle or siren as an alarm indicating fire on board or at the dock to which the vessel is moored. Such signal shall be repeated at intervals to attract attention and is not a substitute for but shall be used in addition to other means of reporting a fire. The words “prolonged blasts” used in this rule shall mean a blast from four to six seconds in duration.

Item 280 – Special Services

Special required services may be furnished or allowed by the Commission on vessels (including barges), tanks, tank cars or trucks and equipment in which hazard of explosion is present.

Residue to be handled as determined.

No diving, or use of diving equipment, for any purpose whatsoever, shall be allowed except as specifically authorized and supervised by the Commission.

Section 3 – Rules and Regulations Governing Use of Facilities

Item 300 – Arrangements for Berth

All vessels, including barges, or craft, or their owners, agents and/or operators, desiring a berth at the wharves shall, as far in advance of the date of docking as possible, make application for berth in writing on forms prescribed specifying the date of docking, sailing, and the nature and quantity of cargo to be handled, application for berth to be made to the Authority.

Item 305 – Responsibility for Loss or Damage

The Authority of it’s Commissioners shall not be responsible for injury to or loss of any freight being loaded or unloaded at the public wharves, nor for any delay to same; nor for injury to or loss of freight on the wharves or in it’s sheds by fire, leakage, or discharge of water from fire protection sprinkler system; collapse of building, shed platforms, wharves; subsidence of floors or foundations; breakage of pipes, nor for loss or injury caused by rats, mice, moths, weevils, or other animals or insects; frost or the elements. Nor shall it be liable for combinations, strikes, tumult, war, invasion, insurrection, riot or acts of God; or from any of the consequences of any of these contingencies.

Item 310 – Watchmen Required

Night watchmen are required for cargo remaining on the wharves or within the shedded areas overnight. This service can be provided by this Commission at a charge of $100.00 per 12 hours, or may be provided by owner.

Bulk metals and ores, which by their nature are not liable to theft and are not placed within the shedded area are not subject to this charge.

Item 315 – Access to Records

Tank trucks, vessels and craft, including barges, their owners, agents, masters and/or operators, and all other users of the facilities shall be required to permit access to and inspection of manifests of cargo, railroad documents and all other documents for the purpose of audit and ascertaining the correctness of reports filed, or securing necessary data to permit correct estimate of charges.

Item 320 – Signs

Painting signs on Authority structures is prohibited. Signs may be erected upon structures or property only with the prior written approval of the Commission who shall also approve copy, design, material and method of erection.

Item 325 – Payment of Bills

Charges for dockage, wharfage, penalty, etc., are assessed against vessels, including barges, and the operator, owner, and agent as well as the vessel itself shall be liable therefore. Presentation of bills to owners and agents of vessels shall not constitute a waiver of lien for charges against a vessel, including barges, for which the Maritime law gives a lien.

All bills are due and payable when presented; terms cash. Errors, if any, must be brought to the attention of the Commission within 10 days or the amount billed will be considered correct. Failure to pay within 30 days shall be cause for the name of the vessel, including barges, its owner and agents or other users of the facilities to be placed on the “Delinquent List”.

The Commission will not assist in collecting penalty and/or similar bills which may be passed on the agents. The Port’s bills are due and payable when presented regardless of when the vessel, including barges, it’s owner or agents are reimbursed.

The Commission reserves the right to apply any payment received against the oldest unpaid bills rendered against vessels, including barges, their operators, owners and agents, or the users of Port facilities, and further reserves the right to estimate and collect in advance all charges against vessels, including barges, operators or agents whose credit has not been established.

Item 330 – Delinquent List

All vessels, including barges, their owners or agents or other uses of the facilities of the Authority placed on the delinquent list shall be on a cash basis, and may be denied further use of the facilities until charges accruing to the Authority shall have been paid.

Item 335 – Unauthorized Use of Space and Property

No operations or use of any Authority property shall take place without the specific written consent of the Commission.

Any person or vehicle using space unauthorized are subject to immediate ejection from the premises or the Authority and space so occupied shall be charged at the rate of $.10 per square foot per day.

Cargo so placed as to obstruct doors or fire fighting equipment shall be subject to removal by the Commission and the party responsible shall pay full cost of removal.

No aerial or overhead lines, piles or trestles or structures are permitted. To assure free and economical operations, the Commission shall determine all uses and designs of structures for use on it’s properties.

Item 340 – Cleaning and Refuse

Users of the public property shall no litter or cause accumulations of trash, paper and debris. All users must dispose of their own refuse.

Failure to maintain clean working areas shall justify the Commission to provide cleanliness and bill the user cost plus 25%

Item 345 – Damage

Users of Authority facilities and equipment shall be responsible for all damages to it. The Authority reserves the right to promptly repair such damage and bill in full such costs against the parties causing the damages.

Similarly losses of fire equipment must be immediately re-established by those responsible for such loss.

Item 350 – No Parking

Vehicles, automobiles, trucks and self propelled mechanical handling equipment shall not be parked or otherwise left unattended on the docks or within the transit sheds unless in an area designated for such parking.

Vehicles so left in unauthorized areas may be towed away and impounded by the Authority and such vehicles shall be reclaimed only on payment of a $75.00 towing fee.

Item 355 – Car and Truck Loading and Unloading

The docks are for the handling of cargo to or from trucks, vessels, including barges, and the permit the loading and/or unloading thereof to owners of cargo who shall make their own arrangements for this service subject to all other provisions of the Commissioner’s Tariff.

Item 370 – Use of Liquid Products Facilities

Proper use of petroleum and liquid chemical facilities and equipment thereon to minimize fire hazards and prevent unnecessary damages to the facilities are essential and the following regulations are required by the users thereof.

Immediately upon completion of loading or discharging of cargoes on and/or through the liquid product facilities of the Authority, all hose must be immediately disconnected from header valves and all openings blind flanged.

All hose sections must be drained thoroughly and no liquid products of any nature should be allowed to spill or become wasted on the dock structure.

All hose must be separated, blind flanged and placed out of the way as prescribed by the Commissioner’s Underwriters.

Every user of the liquid products facilities must maintain competent supervision over the facility and vessel starts work and until such time as hose are disconnected and stored as outlined in the preceding paragraph hereof.

If such user of the liquid products facilities neglect to observe proper regulations, the Commission shall arrange for caring of lines and any cleaning of these facilities that may be required at the expense of such user at costs, plus twenty-five percent (25%) with a minimum charge of $25.00 to be assessed.

Item 375 – No Smoking or Open Flames

The smoking of pipes, cigars, cigarettes, except in designated areas, or the use of open lights or fires, or the carrying of loose matches, or the lighting or carrying of any lamp, light, lantern or torch which burns kerosene, gasoline, oil, gas or acetylene on or in the docks, sheds, wharves, railroad cars, and other property within the jurisdiction of the Commission or on the dock or in the holds of any vessel at the docks, is strictly prohibited.

All vessels shall have suitable signs displayed about the dock, to the effect: “NO SMOKING ALLOWED”, and vessel officers will be held responsible for the enforcement of this order on their respective vessels on the crew and all others on board.

Item 380 – Explosives, Red Label, and Inflammables

Gunpowder or other explosives shall not be discharged on or loaded upon any wharves, structures or vessels, including barges, except by written permission of the Commission and must be handled in accordance with this direction and must be immediately removed.

Acids, oil, and empty gasoline or distillate drums must be removed from the wharves at once. The storage, keeping or use of gasoline, distillate or other liquid petroleum products on the property under the control of the Authority, except at such localities as may be specifically prohibited and except at such localities as may be designated therefore the same shall not be handled except between sunrise and sunset and vessels will be allowed to take on board gasoline or distillate only between 8:00 a.m. and 5:00 p.m. Delivery must be made direct from tank trucks to the vessel and the trucks will not be allowed to wait on the wharves.

Shipments of articles classified as explosive or dangerous by the U.S. Coast Guard will be accepted only after a full compliance by shippers or delivering carrier with the rules and regulations of the Interstate Commerce Commission governing the transportation of such articles. Wharfage and handling facilities will not be provided except under special arrangements and at double the rate published herein.

Item 385 – Landing of Fire or Water Damaged Cargo

Landing of fire or water damaged cargo on the facilities is a special operation subject to special regulations by the Authority and subject to pre-agreed, special contract charges.

Item 395 – Rules for Motor Driven Equipment

Motor driven equipment must be operated by competent drivers skilled in the machine they are driving so as to avoid damage to buildings, downspouts, wharf and accessories.

Such equipment as requires oil, gasoline, and inflammables must be serviced at areas outside the terminal provided by the Authority.

Repairs must not be made on the terminal but at designated outside locations.

Contamination of the terminal must be avoided by proper preventive measures. Leaks of oil and gasoline on the floor must not be permitted.

All equipment must meet good fire protection requirements and have proper fire extinguisher available.

Section 4 – Port Changes

Item 400 – Harbor Fee

Vessels moored, loading or discharging other than bulk liquids, shall pay the following Harbor Fees: (see Note A)

$100.00 for first 24 hours or fraction thereof.

NOTE A: Vessels laying up in excess of a 24 hour period following actual completion of discharging or loading will, in addition of above charges, be required to pay for the lay time period in excess of 24 hours at the rate provided for the item covering dockage.

Item 410 – Dockage

Barges and other vessels mooring to any dock of the Authority, except as noted, will be charged dockage at the following rates, $100.00 per 24 hour period from the time vessel makes fast to a wharf until it is freed from and vacates such berth to another will not interrupt the running time.

First day and each succeeding day or fractional part of a day — $100.00.

Item 420 – Electricity

110, 220 and 440 volt power for freight handling equipment will by furnished where available be special arrangement.

Item 430 – Fresh Water

Fresh water will be furnished in limited quantity for vessels and other water using equipment.

A charge of $1.00 per 1,000 gallons of metered water shall be made with a minimum charge of $15.00.

NOTE: NO CONNECTION shall be made to FIRE HYDRANTS, hoses or hose lines for fresh water service.

Item 435 – Bilge Material

Vessels requiring removal of bilge material must make special arrangements. NO bilge may be discharged in port or in the Matagorda Harbor. Cleanup costs and fines will be assessed by State and Federal Agencies.

Item 445 – Cranes & Freight Handling Equipment

Available from private rental agencies and with usage consent of the Commission.

Item 450 – Shed Hire

Shed hire shall be by contract lease agreement.

Item 455 – Sale of Sand

Spoil sand at the Port facility will be sold at a rate of $10.00 per cubic yard. This does not include the wharfage rate on sand of $0.04 per cubit yard, if applicable.

Section 5 – Wharfage

The term wharf, as mentioned herein, refers to any of the wharves, either open or shedded, belonging to or operated
by the Authority.

Wharfage is a charge on freight passing over a wharf or transferred between vessels or loaded from water over
shipside while vessel occupies berth at wharf. It does not include sorting piling, weighing, handling, insurance,
customs, revenue stamps, or fees of any nature imposed by the State or Federal Government against the shipment or
vessel transporting the same. All vessels and their owners landing goods on the wharves or delivering or receiving
goods from barges or other craft while said vessel is berthed at a wharf, thereby contract to pay and are
responsible for the wharfage on the same, at the rates provide herein to be collected either from vessels, their
owners, or their agents.

All products that enter Port of Bay City Authority property, by any means, will be subject to the applicable wharfage
rates.

All transshipped products are subject to negotiations as to wharfage rates. Transshipped products are those which are
brought onto Port property and shipped off Port property by any means of transportation.

Item 505 – Wharfage Earned

Freight placed on a wharf shall be considered to have earned wharfage when placed upon the wharf and wharfage will be
collected on it whether or not it eventually is loaded on a vessel.

Item 510 – Definition of “Traffic”

INTRACOASTAL TRAFFIC: All traffic between interior points served by canals and rivers.

Item 515 – Storage of cargo on Wharves

The Authority does not engage in the business of storage or housing of property on it’s wharves and will not be
responsible for loss or damage to property remaining thereon. All property landed or received on any of the wharves
is thereafter at a risk of the owner and will be subject of Free Time and Penalty Charges as set forth in this
“Section Five”. Vessel owners, operators and/or agents will be held responsible for collection of penalty charges
occurring hereunder.

Item 520 – Definition of Free Time

FREE TIME: Free time is the maximum period allowed prior to the vessel arrival and after vessel departure for
assembling cargo for outbound movement by vessel, without assessment of penalty charges.

Free time does not apply on cargo not loaded on, or discharges from a vessel.

Item 525 – Definition of Penalty

PENALTY: Penalty is a charge assessed against cargo which remains on the wharves in excess of the free time
allowed.

Item 530 – Definition of Day and Month

DAY: For the purpose of this section of the Tariff, a day shall be considered as a twenty-four hour period, beginning
as 12:01 a.m. A fraction of a day shall be considered as a full day.

MONTH: For the purpose of this section of the Tariff, a Month is that period beginning as 12:01 a.m. on the first day
of a calendar month following spotting of the cargo for unloading and ending at 11:59 p.m. on the last day of the
calendar month preceding loading out of the cargo.

Item 535 – Definition of a Ton

TON: For the purpose of this section of the tariff, the Ton referred to is a Short (not net) Ton of 2,000 pounds.

Item 540 – Computing time

In computing days on OUTBOUND CARGO, the time runs from day cargo is placed on the wharves and ends with and
includes, day receiving vessel goes on dockage. The day cargo is placed on the wharves and the day receiving vessel
goes on dockage shall each be counted as a full day.

In computing days on INBOUND CARGO, time will begin with the first day following date of vacating berth by
discharging vessel and will continue to and include day cargo is removed from the wharf.

Item 550 – Wharfage rates on coastwise and Intracoastal traffic

Rates in cents per 100 pounds, except as shown	Rate
All articles not otherwise provided for below, net ton of 2,000 pounds	.50
Chemicals: Petroleum derived, in bulk per barrel of through pipeline or truck	.04
Scrap Metal: Piling, timbers, lumber, or any material used in construction and maintenance 24 hour limit to load or unload, minimum charge $40.00 per load.	.10
Oil, crude, or light oil:
In barrels or drums (42 gallons)	.04
In bulk through pipeline per barrel of 42 gallons	.04
In bulk, truck delivery per barrel of 42 gallons	.04
Gasoline and diesel fuel:
In barrels, drums or packages	.04
In bulk, through pipeline, per barrel of 42 gallons	.04
In bulk, truck deliveries per barrel of 42 gallons	.04
Sand, gravel, limestone (caliche) 2700 pounds per cubic yard	.04
Structural steel and reinforcing steel	.02
Low water dock	per contractual agreement

Section 6 – Rates for Matagorda Harbor

Craft	Rate
30′ slips	$175 per month or $1925 per year paid in advance, per lease agreement
40′ slips	$200 per month or $2200 per year paid in advance, per lease agreement
Uncovered Wet Slips	$350.00 per month or $3850.00 per year paid in advance plus applicable electrical charges, per lease agreement
Covered Boat Slips	Starting at $150 per month or $1650 per year paid in advance up to $275 per month or $3025 per year paid in advance plus applicable electrical charges, per lease agreement
Dock G	$6.00 per foot (minimum $200) or monthly rate at 11 months paid in advance, plus applicable electrical charges, per lease agreement
Dock G – T-head	$6.00 per foot (minimum $450) or monthly rate at 11 months paid in advance, plus applicable electrical charges, per lease agreement
Pump out of Head	$25.00 per pump out
Overnight Dockages	$1.00 per foot per night (minimum $20)
Steel Bulkhead Space “w/o fender piling”	$3.00 per foot per month, (minimum $500.00) or contractual leasee fee, by month or year
Overnight RVs	$25.00 per night$125.00 per week$200.00 per month, plus electricity

ALL CRAFT SHALL NOT PRODUCE A WAKE WITHIN THE HARBOR.

Section 7 – General Information

Item 700 – Land Use and Rental

The Authority has approximately 300 acres land available for industrial development. This property is ideally situated and may be leased on an attractive long term basis.

Industries designed for substantial tonnage, both inbound and outbound are desirable.

Item 710 – Terminal

The Port of Bay City Terminal consists of a modern concrete dock, 200 foot long by 120 feet wide. The dock floor is all concrete hard surface for the efficient operation of the modern materials handling equipment. The dock floor is 18 feet above mean low tide. The terminal shed located on the dock is of modern metal construction with open floor space on which to handle cargo. The shed is 100′ long by 80′ wide. Adjacent to the concrete dock is a liquid cargo dock with valves and pipeline connections.

Item 800 – Matagorda Harbor

Matagorda Harbor is located at mile 440 on the Intracoastal Canal at Matagorda, just six miles from the mouth of the Colorado River Jetty into the Gulf of Mexico. Excellent trailer rig launching is available. Fully equipped 35′ and 40′ floating slips are available behind locked gates. Covered boat slips with powered lifts of outboard or inboard boats are also available behind locked gates.

Item 100 – Jurisdiction