CITY OF HOMER City Manager

HOMER, ALASKA Port/Harbor

RESOLUTION 00-39

A RESOLUTION OF THE CITY COUNCIL OF HOMER, ALASKA, AMENDING THE PORT AND HARBOR TARIFF NO.600, RULE 34.30, FISH DOCK, SUBSECTION 275

WHEREAS, the Port and Harbor Tariff No. 600 was adopted by City Council on August 28,

1995; and

WHEREAS, the Port and Harbor Advisory Commission recommends the following amendments to the Tariff.

NOW THEREFORE, BE IT RESOLVED that the City Council of Homer, Alaska, amends the Port and Harbor Tariff No. 600, Rule 34.30, Fish Dock, subsection 275:

RULE: 34.30 - FISH DOCK (c)

SUBSECTION 275

The Fish Dock is to be used primarily for the loading and unloading of fish, fish products and fishing gear. Any other use must be approved in advance by the harbormaster. Dock fees shall be those set at Subrule 34.19 Subsection 205.

Every person using a crane on the Fish Dock shall first obtain a license from the City. A private user shall obtain a private license, which shall be the annual access card, and shall pay the annual access card fee set forth in this subsection. A private license shall entitle only the owner if an individual, and the master and crew of a vessel to load and unload the vessel at the Fish Dock. All retail food service establishments (as defined in the Standard Industrial Classification Code #5800, #5812 and $5813) may purchase an annual food service license, fee set forth in this subsection. The purchase of an annual access card would also be required. All other users shall be deemed commercial users and shall obtain an annual commercial license or, in lieu thereof, enter into a fish buying shed license agreement with the City. The terms and fee, or method for establishing the fee, for a fish buying shed license agreement shall be established by resolution of the City Council. The annual fee for a commercial license shall be established by resolution of the City Council, but shall not be less than one thousand dollars. If the licensee chooses to unload fish at one cent per pound, he shall be required to deposit five hundred dollars cash and all fish tickets will be shown to the harbormaster to verify the poundage of fish taken over the dock. In addition to the annual license fee, all users of the Homer Fish Dock shall pay the user fees set forth herein. except that the holder of a fish buying shed license agreement shall be exempt from the annual card access fee.

The harbormaster shall designate one or more cranes on the Fish Dock open to public use (both private and commercial users) on a first-come first-served basis. All private and commercial licenses and food services are subject to a two-hour maximum time limit during times when other private, commercial, or food service, fish shed licensees are waiting to use the crane. This time shall be the time that the licensees actually occupies the crane berthing space or otherwise has possession on of the public use crane. Every other crane at the Fish Dock and the crane on the Main dock may be designated by the harbormaster for preferential use. by the holder of a fish buying shed license agreement. Preferential use of a crane shall entitle the holder to the exclusive right to use of the crane for loading and unloading fish and fish products during fish buying periods and to priority use of crane for all other uses; provided however, that a preferential user shall not be entitled to use of the crane until an actual and legal use of the crane by non-preferential user ends. The harbormaster shall promulgate such additional rules as may be necessary to implement this section.

For an approved users' vessel blocking access to cranes other than those in use, a fee of one hundred fifty dollars per hour will be assessed if such vessel is not immediately moved upon request of Harbor staff and for each crane blocked if another vessel is thereby forced to wait.

Vessels are not to be left unattended at Fish Dock. Vessels moored at Fish Dock must have sufficient crew on board to move the vessel upon request or direction of Harbor staff. A fee of one hundred fifty dollars per hour will be assessed against the owner or operator of a vessel

left unattended at Fish Dock that obstructs access by other vessels.

PASSED AND ADOPTED by the Homer City Council this 10th day of April, 2000.

CITY OF HOMER

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ATTEST: JACK CUSHING, MAYOR

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MARY L. CALHOUN, CMC/AAE, CITY CLERK

Fiscal Note: N/A