A RESOLUTION OF THE CITY COUNCIL OF HOMER, ALASKA AMENDING THE PORT AND HARBOR TARIFF NO. 600, RULE 34.8, LIABILITY FOR LOSS OR DAMAGE AND INDEMNITY, AND RULE 34.24, HANDLING, LOADING AND UNLOADING.

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 34.8, Liability for Loss or Damage, and Rule 34.24, Handling, Loading and Unloading to reflect the following:

Under Rule: 34.8 - Liability for Loss or Damage and Indemnity: (page 15, subsection 125 (a) Responsibility limited, first paragraph)

(a) RESPONSIBILITY LIMITED

No person other than employees of the holders of authorized Terminal Use Permits or Fish Dock Use Permits shall be permitted to perform any services on the wharves or docks, or in any other terminal facility of the City of Homer, except on written authorization of the Harbormaster. The City of Homer, its employees and agents, shall not be liable for the injury of persons on city docks, or terminal facilities, nor shall they be liable for any loss, damage or theft occasioned by such persons'' presence on the city docks, or terminal facilities, except that the City of Homer shall be liable for any portion of loss or damage that is directly caused by its on negligence.

Under Rule: 34.24 - Handling, Loading and Unloading: (Page 47, subsection 240(c))

(c) TERMINAL USE PERMIT /FISH DOCK USE PERMIT:

Handling, loading and unloading services are provided by independent agents at all terminal facilities covered by this Tariff. A Terminal Use Permit or Fish Dock Use Permit is available to any qualified agent desiring to provide long shore services at the terminal facilities of the City of Homer.

PASSED AND ADOPTED by the Homer City Council this 25th day of October, 1999.

CITY OF HOMER

ATTEST: JACK CUSHING, MAYOR

Mary Calhoun, CMC/AAE, City Clerk