P/H Commission
RESOLUTION 99-118(A)
City Clerk
A RESOLUTION OF THE
WHEREAS, the Port and Harbor of Homer Terminal Tariff No. 600 was adopted by
City Council on
WHEREAS, revision of Resolution 99-101 is scheduled for action on
WHEREAS, the current rate structure does not meet the operational and maintenance requirements of the port and harbor; and
WHEREAS, the implementation of the proposed rate model will be phased in over a one year period except for ice and harbor moorage rates which will be phased in over a two year period; and
WHEREAS, the portions of the tariff not affected by the rate model will be
adjusted annually in conjunction with the budget process using the
Section 1 RULE: 34.2(e.),(f.),(p.) - ABBREVIATIONS, SYMBOLS, DEFINITIONS (I) is hereby revised
to read as follows:
(e) FLOAT; FLOAT SYSTEM:
Those portions of the city docks located within the Some of
these are owned by the State of Alaska
but all are operated by the City of Homer
(f) HOLIDAYS:
Whenever in this Tariff reference is made to holidays the following are included:
New Year's Day Washington's Birthday
Seward's Day Memorial Day
Independence Day Labor Day
Thanksgiving Day Christmas Day
Day After Thanksgiving
(p) TERMINAL FACILITIES:
Terminal Facilities include the two (2) city docks which are the Deep Water
Dock and the Main (Ferry) Dock, the Fish Dock within the
Section 2 RULE: 34.4(a.) - APPLICATION OF TARIFF (I) is hereby revised to read as follows:
(a) GENERAL APPLICATION OF TARIFF: Rates, charges, rules and regulations
provided in this Tariff will apply to persons and vessels using certain
terminal facilities under jurisdictional control of the City of Homer and
located within the harbor bounded by the City of Homer with the Small Boat
Harbor entrance located at latitude 59 36'15" N and longitude 151
24'48" W and specifically to docks, appurtenant structures thereto, and
waterways under the management of the City of Homer. Special terms and
conditions exist for the dock operations by the State of Alaska, Alaska Marine
Highway System, for operations of the State Ferry System on the Main Dock and
for the dock operations by CIRCLE DE PACIFIC for a contractor
engaging in chip storage and
loading operations on or in the vicinity of the Deep Water Dock.
Section 3 RULE: 34.5 - APPLICATION OF RATES (I) is hereby revised to read as follows:
Except as otherwise provided herein, rates apply per short ton which is 2,000 lbs., or per 40 cu. ft. as rated by ocean carriers, or per 1,000 feet board measure, or 42 gallons per barrel of bulk petroleum products corrected to 60 F. net, or 376 lbs. per barrel of bulk cement, or per bone dry wood chips as rated by ocean carrier.
Rates provided for commodities herein are specific and may not be applied by analogy. If rates are not provided for specific commodities, rates to be applied are those established for "Freight NOS."
In the Process of writing the City's budget, the Port and Harbor
Fees not affected by the rate model will be reviewed and adjusted using the
If the Index is changed so the base year differs from that used as of the commencement of the Port and Harbor Tariff Revisions, the Index shall be converted in accordance with the conversion factor published by the United States Department of Labor, Bureau of Labor Statistics. If the Index is discontinued or revised during the term, such other government index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the Index had not been discontinued or revised.
All rates contained in this Tariff except daily and seasonal load and launch ramp fees will have combined Borough and City sales tax applied. The resulting figure will be rounded to the nearest half dollar for billing purposes. The load and launch ramp daily and seasonal fees are both inclusive of Borough and City sales taxes for ease of collection at the Iron Ranger and toll booth at the load and launch ramp.
Section 4 RULE: 34.7(b.)- RESPONSIBILITY FOR COLLECTION
(b) PREPAYMENT, TIME OF PREPAYMENT, ACCEPTABLE SECURITY:
All charges for services rendered by the Port or for the use of terminal, dock,
and harbor facilities are due and payable in
Section 5 RULE: 34.9 (a.),(b.),(d.)-(i.), (j), - RIGHTS OF THE
revised to read as follows:
Without in any way limiting the general authority of the City of
(a) ACCESS TO HARBOR OR
The City shall at all times have the right to refuse the use of
any city dock, or terminal, or harbor
facility by any person, equipment materials or vessel or to remove any vessel
or, person or cargo at any time from any city dock, or
terminal, or harbor facility. This right shall be
reserved at all times to the City without responsibility for demurrage, loss or
damage when:
(1) previous arrangements for berthing, space, receiving or unloading have not been
made with the harbormaster; or
(2) the vessel is unsafe or hazardous and may pose risk to life or property; or
(3) the value of the vessel, in the opinion of the harbormaster is less than the probable service charges and
other charges to its use of the ctiy dock or terminal, or harbor facility; or
(4) during periods of congestion, or in cases of emergency, when, in the
judgement of the harbormaster, the circumstances then prevailing or likely to
occur will prevent the city docks, or terminal,
or harbor facilities, or any portion of them from providing
customary services to the public.
For vessels that may be hazardous or become a menace to other vessels, their
occupants, or city facilities, the harbormaster, or the city manager may
require an operator or owner of a vessel to furnish evidence that there is
currently in effect liability insurance in an amount satisfactory to the City
by filing a certificate of insurance or other satisfactory evidence signed by
an agent or officer of the insurance company and stating the effectiveness and
expiration date thereof. (
(b) RIGHT TO REFUSE CARGO:
In his discretion the harbormaster shall at all times have the right to refuse to accept, receive or unload, or to permit a vessel to discharge:
(1) Cargo for which previous arrangements for space, receiving, unloading or handling have not been made with the harbormaster by shipper, consignee or vessel.
(2) Cargo not suitably packed for safe transportation.
(3) Cargo, deemed by the harbormaster in the reasonable exercise of his discretion, that is offensive, perishable or hazardous. Hazardous cargo must have been prepared for shipment in accordance with the applicable Department of Transportation regulations (including 49 C.F.R. Parts 171-179).
(4) Cargo, deemed by the harbormaster in the reasonable exercise of his discretion, which may be less in value than the probable service charges and other charges related to it.
(5) Cargo, deemed by the harbormaster in the reasonable exercise of his
discretion, which may have circumstances then prevailing or likely to occur
that will prevent the city docks, or terminal,
or harbor facilities, or any portion of them, from providing
customary service to the public during a period of congestion or in cases of
emergency.
(d) RIGHT TO REMOVE, TRANSFER OR WAREHOUSE CARGO:
(1) Hazardous or offensive cargo. In his discretion, the harbormaster shall
at all times have the right to immediately remove all hazardous or offensive
cargo, or cargo, which by its nature, is liable to damage other cargo or city
dock, or terminal or harbor
facilities. The cargo may either be removed from its present location to
any other location with all expenses and risk of loss or damage to be charged
to the account of the owner, shipper, or consignee.
(2) Cargo beyond free time. Any cargo remaining on city dock, or
terminal, or harbor facilities after expiration of any free time, may be
removed to public warehouses, with and all expense
expenses of removal and risk of loss or damage shall be
charged to the account of the owner, shipper, consignee or vessel as
responsibility may appear on shipping documents, manifests or other sources.
(e) RIGHT TO WITHHOLD DELIVERY OF FREIGHT:
Right is reserved by the City of with
and all cost costs of
removal and subsequent handling and storage shall be charged to the account of
the owner of the freight.
(f) RIGHT TO SELL FOR UNPAID CHARGES:
Freight on which unpaid terminal, dock or harbor charges have accrued may be sold to satisfy such charges and costs; provided, such sale has been publicly advertised. Freight of a perishable nature or of a nature liable to damage other freight may be sold at public or private sale without advertising; provided owner has been given proper notice to pay charges and to remove said freight and has neglected or failed to do so within a prescribed reasonable time.
(g) EXPLOSIVES:
The City of
(1) Hazardous materials, as established by the Department of Transportation Hazardous Materials Commodity List, will be charged wharfage at the rate of forty cents per hundred pounds, or fraction thereof, at locations designated for loading unloading or staging by U.S. Coast Guard permit.
(2) Hazardous materials must be handled according to all federal, state and local laws and regulations.
(h) RIGHT TO REMOVE, TRANSFER, OR REARRANGE VESSELS:
(1) Hazardous vessels or vessels with hazardous cargo. In his discretion, the harbormaster shall at all times have the right to immediately remove any hazardous or offensive vessel, or any vessel containing hazardous cargo, or any vessel or one containing cargo, which by its nature, is liable to damage other vessels, or other cargo, or harbor or port facilities.
The vessel may either be removed from its present location to any
other location with and all expenses and risk of
loss or damage shall be charged to the account of the owner, shipper, vessel or
consignee.
(2) Vessel beyond free time. Any vessel remaining at city dock, or
terminal, or harbor facilities after expiration of any
applicable free time, may be removed to any other public or private facility, with
and all expense expenses
or of removal and risk of loss or damage shall
be charged to the account of the owner, shipper, consignee, or vessel.
(3) Movements of vessels to reduce congestion, or maximize services. In his discretion, the harbormaster shall at all times have the right to move or rearrange any vessel from its present location to any other location in order to reduce congestion within or on the terminal, the docks or the harbor or to prevent disruption of customary services to the public.
(i) RIGHT TO REMOVE MATERIALS OR EQUIPMENT FROM OR TERMINAL, OR HARBOR
FACILITIES:
Any materials, equipment, trash, or other items left on or about any city
dock, or terminal facility or
harbor facilities may be removed by the harbormaster at any time
with all expense expenses or of
removal and risk of loss or damage for charged to the
account of the vessel that last occupied the facility, or the owner, shipper,
consignee or vessel as responsibility may appear on shipping documents,
manifests, or other sources.
(j) RIGHT TO IMPOUND
(1) Impoundment of vessels for violations. The harbormaster is authorized to impound any vessel in or on the Homer Harbor, terminal, or dock facilities whose owner or operator is not aboard and which is not properly identified by name and/or number; or any vessel in violation of any provisions of this tariff; or any vessel whose owner or operator has not paid the stall license fee or any other fee or charge due the City for the vessel by the due date of such fee or charge and such fee or charge is thirty days past due; or any vessel which is unsafe and whose owner or operator has failed to remove it after notice. The harbormaster may impound a vessel by immobilizing it or removing or having it removed from the water and placed in City or commercial storage with all expenses and risk of haul-out and storage to be borne by the owner of such vessel.
(2) The owner or operator of any vessel impounded by the City shall be subject to the liable for storage charge and shall be subject to and liable for all costs incurred by the City by reason of impounding or removal.
(3) The procedure for impoundment, including notice and pre-impoundment hearing are set forth in 10.04.120 of the Homer City Code.
Section 6 RULE: 34.11 - DELAYS NO WAIVER OF CHARGES (I) is hereby revised to read as follows:
Delays which may be occasioned in loading, unloading, receiving or delivering freight, or the berthing of vessels as a result of harbor terminal, or dock congestion, equipment failure or breakdown, or of combinations, riots or strikes of any persons in the employ of the City of Homer or other, or arising from any other cause not reasonably within the control of the City of Homer, will no excuse the owners, shippers, consignees or carriers of the freight or vessel from full wharf demurrage, berthing or other terminal, dock, or harbor charges or expenses which may be incurred under conditions stated herein.
Section 7 RULE: 34.12 - MANIFESTS REQUIRED OF VESSELS (I) is hereby revised to read as follows:
Masters, owners, agents or operators of vessels are required to furnish the
City of Homer with complete copies of vessel's manifests showing the names of
consignees or consignors and the weights or measurements of all freight loaded
or discharged at the docks, or terminal or
harbor facilities of the City of Homer. Such manifests must be
certified as correct by an authorized official of the company and must also
designate the base weight or measurement on which ocean freight was assessed.
In lieu of manifests, freight bills containing all information as required
above may be accepted.
Section 8 RULE: 34.13(a.),(b.),(e.),- MOORAGE IN HARBOR (I) is hereby revised to read as follows:
(a) ASSIGNMENT OF MOORAGE: paragraph 2
Mooring assignments to particular stalls on the City of Homer float system are made by the harbormaster and subject to charges named in Subrule 34.18 Subsection 200. Mooring assignments are made to a particular combination vessel and owner/operator, are not assignable by the owner/operator, and automatically expire upon sale or transfer of the vessel to another owner/operator, unless stall assignee places a newly acquired or replacement vessel of permitted size in the stall as per approved request made to Harbormaster . A mooring assignment is not a lease or an exclusive right to occupy any particular stall. In order to maximize the public's use of existing facilities it is common for the Harbormaster to temporarily assign vessels to stalls normally used by another vessel when that vessel is out of the harbor.
(b) WAITING LIST FOR RESERVED STALL ASSIGNMENT:
Due to the scarcity of stalls on the City of Homer float system, vessels will be assigned a permanent reserved stall based on seniority position on waiting lists maintained by the harbormaster's office. Separate waiting lists shall be maintained for the following size floats stalls:
18 feet
20 feet
24 feet
32 feet
40 feet
50 feet
75 feet
The harbormaster shall place applicant on the waiting list on a first-come, first serve basis only upon receipt of all requested information and payment of the annual waiting list fee. The annual waiting list fee will be accepted only from the individual whose name appears on the waiting list. The fee is neither refundable nor creditable to the berth lessee. An applicant or existing reserved stall licensee may be placed on one or more of these lists. An applicant need not own or operate a vessel to be placed on the waiting list.
Upon the death of an applicant, the applicant's rank on the waiting list shall be transferred to the surviving spouse, son or daughter upon written request to the harbormaster.
An applicant shall notify the harbormaster in writing of any change of address or telephone number(s) immediately. Any individual, partnership, corporation or governmental agency may apply for use of a reserved stall. All applicants, except government agencies, shall designate a single individual whose name shall appear on the waiting list and who shall be responsible for payment of all fees. Any change in the individual designated may result in the applicant's loss of priority on the waiting list.
There is a fee of $15.00 per year per listing upon the waiting list(s) for a permanent reserved stall assignment. An individual may sign up at any time during the year and pay a prorated fee to the May Stall Wait List due date. Non payment of the fee by the May 1 due date means automatic cancellation from the wait list.
(e) NOTICE UPON ARRIVAL:
All vessels should notify the harbormaster's office prior to arrival. Those vessels who have received permanently assigned stalls should notify the harbormaster's office 24 hours prior to expected arrival to allow the harbor staff to free the stall. If, despite reasonable efforts, the harbormaster is unable to clear a permanently assigned stall due to congestion, high winds, or safety considerations, a vessel with a permanently assigned stall may be required to temporarily use a transient moorage space as directed by the harbormaster.
Vessels entering the Homer Port and Harbor which have not, for any reason, received a mooring assignment by radio contact or otherwise, shall be restricted to the following areas:
Transient moorage space throughout the Small Boat Harbor, which is designated by a yellow colored bullrail (approximately 4,000 lineal feet).
There are no transient stalls in the Small Boat Harbor. If there is no available transient space available at the bullrail, a vessel is permitted to "raft" to a vessel(s) already secured to the bullrail.
Section 9 RULE: 34.14 - BERTHING AT THE
(a) ASSIGNMENT OF BERTHS:
The Homer Port Docks require advance scheduling in order to provide maximum public use of available facilities. All vessels, or their owners or agents, desiring a berth at the docks shall, within a minimum time of twenty-four (24) hours make advance application for berthing, specifying the date of docking, sailing, and the nature and quantity of cargo to be handled. Application for berthing is to be made in writing to the Port.
Vessels may occupy a berth, subject to charges named in Subrule 34.19 Subsection 205, providing such vessel shall vacate the berth upon demand by the Port. Vessels refusing to vacate berth upon demand may be moved by tug or otherwise, and any expense, including damages to other vessels or to the facility during such removal, shall be charged to the vessel so moved. Vessels at berth engaged in loading or discharging cargo may be required to work overtime at the discretion of the Port. Overtime differentials shall be added to the account of the vessel's owners, agents or operators.
Subject to Subrule 34.8 (d) herein)
Unauthorized anchoring in open area areas in or
adjacent to the Homer Port and Harbor is
prohibited.
(b) PREFERENCE TO RESERVED DOCK USE:
At the Deep Water Dock priority is given to dock use reserved in advance
with the harbormaster. Reservation of dock use must specify arrival and
departure dates and the nature and quantity of the freight to be loaded or
discharged. Preferential berthing rights are accorded by contract
to CIRCLE DE PACIFIC to berth vessels for wood chip loading up to
fifteen (15) times in each calendar year. Preferential berthing rights by
contract for CIRCLE DE PACIFIC vessels at the dock are
immediate upon arrival of each vessel during a period of twelve (12) hours
before and twelve (12) hours after the established arrival times recited by a
written schedule filed by the contracted company CIRCLE
DE PACIFIC with the harbormaster at least thirty (30) days in advance.
Other vessels utilizing the dock will be removed upon the arrival of contracted
CIRCLE DE PACIFIC vessels arriving within the scheduled arrival period
at no cost to CIRCLE DE PACIFIC, contractor,
with the exception that no vessel shall be moved from the dock if doing so
would, in the opinion of the harbormaster, create an emergency condition for
that vessel.
On the main face of the Main Dock, preferential privileges to berth Alaska Marine Highway System ferry vessels in accordance with the published schedule is accorded. Any variance in the schedule will be provided to the harbormaster a minimum of six (6) hours prior to arrival. Other vessels using the dock will be cleared upon arrival of the ferry. The north face of the Main Dock has preferential mooring privileges accorded to the U.S. Coast Guard vessel assigned.
Section 10 RULE: 34.15(a.)-(i.),(k.),(m.) SAFETY, SANITATION
(a) GENERAL PROVISIONS
All users of city docks, and terminal,
and harbor facilities shall exercise due care for the protection
of life and property and the public from injury or damage.
Additional safety and sanitation rules applicable to docks and terminals should be consulted. Ordinances of the City of Homer of particular relevance include Chapter 5.06, (Nuclear Free Zone Which Includes Harbor Facilities), Chapter 5.08 (Garbage and Solid Waste Disposal), Chapter 5.16 (Public Nuisances), Chapter 5.20 (Fire Prevention and Explosives), and Title 10 (Port and Harbor).
All safety and sanitation laws, regulations and policies of the City of
Homer, the Kenai Peninsula Borough, the State of Alaska, and the United States,
including those adopted by international treaty, apply to city docks,
or terminal, or harbor facilities.
All users, including shippers, vessels, and consignees are hereby warned that
the party or parties responsible for infractions of such laws, regulations or
policies will be subject to and responsible for any penalties that may result
from their violation of those laws, regulations or policies.
(b) HAZARDOUS MATERIAL, NOTICE OF HAZARDOUS CARGO
Hazardous materials, as established by the Department of Transportation Hazardous Materials Commodity List, will not be permitted without the express consent of the Harbormaster and pervious arrangement (at least 12 hours prior to landing) and receipt of all appropriate manifests and U.S. Coast Guard Permits, and only at those locations designated by U.S. Coast Guard Permit.
Temporary storage and/or shipment through the Port of Homer of quantities of hazardous waste in excess of 400 pounds (or 2.2 pounds of acutely hazardous material) requires a minimum 14 day advance request for a permit, in compliance with the "Interim Policy for the Port and City of Homer concerning notification by hazardous waste carriers and/or generators, municipal review and public notification."
No person shall throw or otherwise cause to be deposited any gasoline, oil, hazardous waste, petroleum contaminated refuse or pumping or bilge containing petroleum products onto any part of or into the water of the port or harbor.
Pumping or storing fuel on floats is prohibited.
(c) RESPONSIBILITY FOR HOUSEKEEPING:
Users of docks and other terminal and harbor facilities will be required to maintain same in an orderly manner as directed by the harbormaster. It is unlawful for any person to dump or otherwise dispose of refuse, sewage, garbage, rocks, and/or debris of any kind or type whatever into the water under the jurisdiction of the City of Homer Port and Harbor.
Deposit of fish carcasses, including heads, bones, or viscera from sport fishing activities is authorized only at designated locations.
If user does not property properly clean
property used, the harbormaster shall order the work performed and user will be
billed for the services in accordance with the rates set forth in Subrule 34.25
Subsection 245 of this tariff.
No person shall tap, connect, disconnect, or interfere with any water outlet, water pipe, water connection, telephone equipment, electrical device of any kind on docks or in stalls maintained or operated by the City in the Homer Port or Small Boat Harbor without first having obtained the permission of the Harbormaster; or to interfere with or tamper with any wharf, float, gangway, ramp, or any other facility operated by the City.
No person shall use or disturb any port or harbor
equipment or facilities; except fire extinguishers in a fire emergency and
harbor carts. City provided Carts carts
are for use on the floats and may not be removed from the harbor
or used on ramps at any time. Carts should be returned to areas adjacent to
ramps after each use.
(d) SMOKING PROHIBITED:
No smoking shall be allowed on any wharf, pier or in any port or
harbor facility, warehouse or transit during fuel
operations or at any time on any fuel station. Persons violating this rule may
be barred, at the discretion of the harbormaster, from the further use of any
wharf of facility and, in addition, shall be subject to prosecution under
applicable federal, state and municipal laws.
(e) WASTE
All waste oil and petroleum products must be properly disposed of by the vessel/owner. The City of Homer offers a limited ability to take small quantities of such products as a convenience to the boating public. Quantities, less than 5 gallons, of waste oil and petroleum products will be accepted by the City in the approved and designated facilities on shore. There shall be not storage, even of a temporary nature, of waste oil or petroleum products on city docks, wharves, piers, or finger floats. Any vessel/owner/agent storing or disposing of waste oil in an inappropriate or illegal manner may be barred from further use of the Homer Port and Harbor and/or penalized according to the provisions of federal, state and local law. Larger quantities of waste oil may be accepted by the harbormaster upon prior arrangement by written approval on a case-by-case basis. These larger quantities of waste oil, if accepted, shall be charged a $2.00 per gallon handling and disposal fee.
(f)
(1) Vessels berthing or departing docks subject to this Tariff must use sufficient tugs so vessel can be berthed or removed in a safe manner. Berthing speed shall not exceed the maximum speed allowable for the tonnage or displacement of the vessel, by the design of the facility.
(2) The Deep Water Dock (DWD) fendering system was designed for a 37,500 displacement ton vessel with maximum berthing speed of 20 feet per minute. Larger vessels shall have a maximum speed of 16 feet per minute.
(3) All craft shall restrict their speed to two miles per hour, no wake,
while inside the small Small Boat Harbor
entering or leaving. It shall be unlawful for any vessel to travel at a speed
within any waterway causing a wake, wash, or wave action which will damage,
endanger or cause undue distress to any other boat or occupant thereof,
regardless of established speed limits.
(g) TYING TO PILING IS PROHIBITED:
All vessels using the Deep Water Dock and Main Dock docks
will use bits and bullrails.
(h)
(1) Fire extinguishers in operating condition must be readily available on, or immediately adjacent to all welding, cutting, or open flame equipment being used on vessels.
(2) Fire extinguishers in operating condition must be readily available on all machines, cranes, and welders used on the docks or within the Terminal.
(i) NO POSTING OR DEFACEMENT:
No person shall write or post any written or printed matter in any place within or on any Homer Port or Harbor facilities, except upon bulletin boards constructed for the purpose only after having obtained permission from the Harbormaster.
No person shall disregard, deface, remove, tamper with or damage any sign or notice posted or installed by the Harbormaster.
(k) STOVES, FIRES, EQUIPMENT, FLAMES,
No person shall leave a stove or other heating equipment in unattended operation on a vessel moored within the Homer harbor unless such equipment has been certified as safe for such unattended use. No person shall leave any vessel within the Homer Boat Harbor unattended while fire or open flame is burning thereon. No cutting or welding or use of open flame shall be allowed on any boat undergoing repairs, on or at any Homer port or harbor facility except in an area especially designated for such repair. However, at the Harbormaster's discretion, this requirement may be waived provided adequate fire-fighting equipment is physically located where the welding project is taking place. No person shall use any fire-fighting equipment located at the Homer harbor for the purpose of pumping fire suppressant water into boats for any purpose other than extinguishing fires. Any use of City fire extinguishers must immediately be reported to the harbormaster.
(m) PLACE PLACEMENT OF GEAR:
The placement of fishing nets in the waters of the Homer Small Boat Harbor is prohibited. The physical limits of the "Small Boat Harbor" are set forth in Subrule 34.2 (o) Subsection100 of this Tariff.
Section 11 RULE: 34.16 - RESPONSIBILITY FOR PROPERTY DAMAGE (I) is hereby revised to read as follows:
SUBSECTION 165
Users damaging city docks, floats, ramps, or other property of the City of Homer will be responsible for cost of repairs. User will be billed for repairs to damaged property at cost, including overhead.
Section 12 RULE: 34.18(a.),(b.), (d.)-(f.) - HARBOR MOORAGE RATES (A) is hereby revised to read as follows:
(a) CALCULATION OR MOORING RATES:
Mooring charges shall commence when a vessel is made fast to a wharf, pier, harbor float or other facility, or when a vessel is moored to another vessel so berthed (rafting). Charges shall continue until such vessel is completely free from and has vacated the port and harbor facilities.
A vessel moored at any time between 12:01 A.M. and 8:00 A.M. shall be charged a full day's charge. The harbormaster may, in his discretion and with proper and appropriate advance notice, waive a daily rate for a vessel that will occupy mooring space for a minimum time and, provided, that the harbormaster determines use of the public facilities by others will not be congested or adversely affected.
Mooring charges shall be calculated on the length of the vessel, or in the case of a reserved stall, the length of the float stall assigned, whichever is greater.
Length shall be construed to mean the distance expressed in feet from the most forward point at the stem to the aftermost part of the stern of the vessel, measured parallel to the base line of the vessel. The length shall include all hull attachments such as bowsprits, dinghies, davits, etc.
For billing purposes, when the actual length of the vessel is not immediately available, length of the vessel as published in "Lloyd's Register of Shipping" may be used. The City of Homer reserves the right to: (1) obtain the length from the vessel's register, or (2) measure the vessel.
(b) ANNUAL MOORAGE FEE:
The annual moorage fee for reserved moorage and transient moorage privileges
shall be nineteen dollars and eighty cents ($19.80) per lineal foot
twenty four dollars and eighty-two ($24.82) per lineal foot plus a
forty- nine($49.00) Administration charge. Based on the overall
length of the vessel (including all hull attachments such as bowsprits, davits,
dinghies, etc.) or for a reserved stall, the length of the float stall
assigned, whichever is greater. Any reduction in the moorage fee due
to a substituted or amended moorage agreement is not applied retroactively and
the owner or operator is not entitled to a refund or a pro rata adjustment of
the moorage fees already due or paid. Any moorage agreement that expires will,
after five days, automatically be charged a monthly rate retroactive to the
expiration date. Unregistered vessels will also, after 5 days, automatically be
charged a monthly rate retroactively to the date the vessel entered the harbor.
(1) All reserved stall assignments are on an annual basis beginning October 1 and ending September 30 of the following year. Prepayment of a full year's moorage is due on or before October 1 of each year. Payment for reserved moorage will only be accepted from the individual assigned the reserved stall. The reserved stall payment shall be paid in full at the time the reserved stall/moorage agreement is executed to the satisfaction of the harbormaster. Any other arrangements are at the discretion of the harbormaster and must be made in advance.
(2) A reserved stall assignment granted after October 1 will be charged a fee based on the number of months (including the month in which it is granted regardless of the day of that month) left in the fiscal year ending September 30.
(d) The monthly transient rate for the period October through April will
be two dollars and seventy five cents ($2.75) per foot per month and three
dollars and eighty five cents ($3.85) per foot per month 17% of
the annual rate. for the period May through September.
Vessels that are properly registered and pay all moorage fees in advance may
deduct fifty cents ($.50) per foot per month.
(e) The daily transient rates are:3% of the annual rate.
Length of Daily Fees Daily Fees
Vessel October-April May-September
Under 20' $ 8.80 $11.00
20'-29' 11.00 16.50
30'-40' 13.20 22.00
41'-54' 16.50 27.50
55'-79' 22.00 33.00
80'-110' 27.50 38.50
Greater than 110' 38.50 55.00
Vessels that properly register and pay all moorage fees in advance may deduct five dollars per day from the daily rate.
(f) FLOAT PLANE FEES:
With Proper registration and expressed specific permission
from the harbormaster, float planes may arrange for short-term moorage in the
Small Boat Harbor. This is only allowed when ice and weather conditions prevent
float planes from landing on Beluga Lake.
A fee in the amount equal to the daily rate for moorage of two (2) 24' vessels shall be assessed on a daily basis for float planes mooring within the confines of the Small Boat Harbor.
Section 13 RULE: 34.19 (b.) - DOCKAGE (I) is hereby amended to read as follows:
(b) DOCKAGE CHARGES:
Dockage charges will be assessed per twenty-four (24) hour period or portion
thereof at the rate of $1.00 $1.30 per foot for
the length of the vessel. A service charge of $50 will be assessed
to each vessel.
Cruise Ship dockage charges will be assessed per twenty-four (24) hour period or portion thereof at the rate of $1.30 per foot for the length of the vessel. A service charge of $350.00 will be assessed to each Cruise Ship.
Section 14 RULE: 34.20 (a.)(e.) - DEFINITIONS
(a) DEFINITION:
Wharfage is the charge assessed against any freight placed in a transit shed
or on a wharf, or passing through, over or under a wharf, or transferred
between vessels, or loaded to or unloaded from a vessel at a wharf, regardless
of whether or not a wharf is used. Wharfage is solely the the charge for
use of wharf and does not include handling, sorting, piling of freight or
charges for any other services.
Log quantities will be reported by manifest to the Port Office for subsequent billing. The basis for measuring 1,000 board feet (M. B. M.) log scale shall be the Scribner Rule or Scribner Dec. C Log Rule. All log scales will be performed by an independent log scaling bureau. Certified copies of log scale tickets and/or log scale books shall be provided to the Port for all logs shipped. The basis for the tariff payment to the City will be computed on a net log scale, with a maximum of a twenty five percent (25%) deduct factor for defects and taper; that is, gross scale minus 25% total deduct.
A Bone Dry Unit (BDU) is defined as 1.2 bone dry tons of wood chips. A bone dry ton is that quantity of wood chips which would weigh 2,000 lbs. when dry.
(e) SCHEDULE OF RATES:
Minimum wharfage on any shipment will be ten dollars ($10). Except as otherwise specifically provided, rates are in dollars per short ton of 2,000 lbs. or per 40 cu. ft.
COMMODITY WHARFAGE
Freight N.O.S. $4.00 $5.00/ton
Poles, logs, cants or cut $2.00/thousand board
finished lumber per MBM feet in 1995
(Note: 2,000 lbs. shall $2.50/thousand board
be deemed 1 MBM industry feet in 1996
standard conversion formulas
shall be used in converting
pounds to board feet measure.)
In absence of board feet measure on bill of lading, a loadout will be assessed tariff by converting the weight of logs to board foot measure, for the average diameter of logs (small end diameter) in accordance with the following table for white spruce logs:
Scaling Diameter of Logs Weight per Board Feet
Inches Pounds
8" 14.5
12" 11.5
16" 9.5
20" 8.5
24" 7.8
Kiln dried lumber: Three pounds will equal one board foot measure.
Petroleum products $ .215$.252/barrel
(inbound and outbound) $ .005$.006/gallon
Wood Chips (all grades) $1.35/BDU As per contract
Seafood/fish product Setting a tariff
of $3.50 per ton of
seafood/Fish product
across the dock, regardless
of species.
Livestock: Horses, mules, $ 6.00 per head
cattle, hogs, sheep, goats,
all other livestock
Fowl: Any kind, crated $ 6.00 per crate
Boats: Up to and including $10.00 each
twenty feet L.O.A.
Over twenty feet L.O.A $ 1.00 per lineal
foot
(Fishing boats, pleasure craft,
skiffs, dinghies and other boats
moved over the docks.)
Section 15 RULE: 34.22 (e.)- UPLAND STORAGE (I) is hereby revised to read as follows:
(e) RATES:
All general storage is on a month-to-month basis unless otherwise provided. Charges for any particular lot shall begin at the receipt of the first unit of that particular lot in store and shall continue and include the storage month during which the last unit of the particular lot is removed from storage. Charges shall be made on the basis of the square footage of units in any particular lot in store during the storage month. All charges for storage are due on the first day of a storage month.
A storage month shall extend from a date in one calendar month to, but not including, the same date of the next and all succeeding calendar months. Less than one month's storage will be charged for the full month. The harbormaster may negotiate storage contracts for periods of six months or longer.
The fees for general storage are as follows:
Impound Area $ .20 per square foot
Open Areas, fishing gear .06 per square foot
Open Areas, non-fishing gear .10 per square foot
Fenced Storage Yard .15 per square foot
Long-Term Parking Areas: $200 per period/vehicle
October 1-April 30 First 2 days free if boat
May 1-September 30 trailer is properly registered
in advance then a non-
refundable $5 per day
or $50 per month
Adjacent to Steel Grid $100 per month
Equipment and materials stored without proper registration and advance payment will be charged the impound rate, regardless of the area being used.
Section 16 RULE: 34.23(a.),(b.) - TIDAL GRIDS (I) is hereby revised to read as follows:
(a) TIDAL GRIDS
The City of Homer operated operates two tidal
grids. The wooden grid is for vessels of less than 60 feet in length. The steel
grid is only generally for use by vessels of 60
feet or greater in length. Vessels over 60' may not use the wooden grid without
specific approval of the harbormaster. Vessels over 140" may not use the
steel grid without specific approval of the harbormaster. Vessels that remain
on either grid after their scheduled tide may be assessed a 50% surcharge for
each unscheduled tide.
(b) RATES:
The rate per foot per tide is $.50 $1.00 for
vessels 0' - 59'
The rate per foot per tide is $1.20 $1.80 for
vessels 60' - 80'
The rate per foot per tide is $1.50 $2.25 for
vessels 81' - 100'
The rate per foot per tide is $1.75 $2.65 for
vessels 101' - 120'
The rate per foot per tide is $2.00 $3.00 for
vessels 121' - 140'
Section 17 RULE: 34.25 (a.),(b.),(d.) - SERVICE CHARGES (C) is hereby revised to read as follows:
(a) SPECIFIC SERVICES:
The following rates shall apply for services provided by the City of Homer.
(1) Potable water furnished to vessels at the Deep Water Dock and Main Dock:
The following charges in dollars will be made for furnishing
water to vessels berthed at docks or terminals subject to this Tariff.
a. Quantity charge, five ten dollars per one
thousand gallons (minimum five thousand gallons).
b. Scheduled deliveries will have a minimum charge of fifty seventy-five
dollars for combined connection and disconnection.
c. Unscheduled deliveries will have a fifty dollar charge for connection
and twenty-five dollars for disconnection. minimum charge of one
hundred dollars for combined connection and disconnection.
(2) Electricity (per kilowatt):
(a) Reserved stalls having a meter base at the berth shall be charged a meter availability fee.
1. The meter availability fee will be $17 per month.
2. There will be an electrical usage charge cost per kilowatt determined by the local public utility.
3. Licensee shall notify the harbormaster of any period when the assigned vessel will not occupy the stall and the harbormaster, upon payment of the $20 connect/disconnect fee, shall disconnect service to license holder's stall.
(b) Subject to availability, transient vessel may buy electrical power on a metered basis from October 15 to April 15.
1. There will be a $20 connect/disconnect fee.
2. Metered transient vessels will be charged a meter availability fee of $20 per month with a one month minimum charge to be applied for shorter connection periods.
3. There will be an electrical usage charge per kilowatt as determined by the local public utility.
(c) Unless other arrangements have been made in writing with the harbormaster,
transient vessels shall be charged the following rates (where metered power is
unavailable).
110 volt 220 volt 208 volt three phase
Daily (or part
thereof) $ 6.00 $8.00 $ 8.00 $16.00
$36.00
Monthly 80.00 120.00 120.00 $240.00
Available meter only
* Vessels required conversion plugs may purchase them from the harbormaster's office for a nominal fee.
(d) 208 volt/3 phase electrical power is available at System 5 on a first come-first served basis, for which vessels will be charged the following rates:
1. There will be an electrical usage charge per kilowatt hour as determined by the local public utility:
2. Vessels will be charged a meter availability fee of $20 per mont month
with a one mont month minimum charge to be
applied for shorter connection periods.
3. There will be a $20 connect/disconnect fee.
(3) Towing inside small boat harbor: $50.00 per hour of harbor personnel
time skiff plus man hour $50, Skiff plus 1 man hour $75.00.
(4) Pumping vessel: $30 per day or portion thereof for electrical pumps.
$50 per hour or portion thereof for gas pumps
(includes attendant time).
(b) LABOR/PERSONNEL:
(1) When labor is furnished by the City at the request of a user it is expressly stipulated that the City acts as agent of user. The City shall charge for labor provided by the City for the following services:
(i) all services not specifically described in this Tariff.
(ii) Services of loading, unloading, or transferring cargo for which no specific commodity rates are provided and which cannot be performed at the rates named N.O.S. and cargo in packages or units of such unusual bulk, size, shape or weight as to preclude performing such services at rates named under individual items of this Tariff.
(iii) services for which no specific commodity rates are provided and any other services for which specific rates are named in this Tariff because of unusual conditions or requirements of shippers not normally incidental to such services preclude the performance; and
(iv) services of cleaning City docks or terminal facilities of dunnage, stevedore gear, and other equipment of material when the shipper, vessel owner or consignee fails to promptly clear the facility as requested by the harbormaster.
(2) When a user notifies the harbormaster for labor for a specific time and labor is on the job ready for work at that time, the use shall be charges from the time the labor is ready for work until the work is concluded even if the work is delayed through no fault of the City.
(3) All labor provided by City personnel shall be charged at $50.00 $75.00
per hour. ( hour minimum at $25.$38.00)
Work requiring call-outs shall be charged at a minimum of two hours.
(d) SPECIAL SERVICES:
Except where otherwise required by law, the harbormaster has the authority to refuse to provide or to arrange for the provision of services in addition to those set out in paragraph (a) above. Special services, including waste, bulk oil, or garbage disposal shall be billed at the City's actual cost (including city labor costs as determined in paragraph 2 above) plus 125% of city costs for services arranged and paid for by the City but provided by others. Waste oil in quantities greater than 5 gallons, shall be charged a $2.00 per gallon handling and disposal fee.
Special services shall not include the taking or handling of sewage of any kind. Sewage disposal must be accomplished by the vessel owner or his agent pursuant to federal, state and municipal laws, codes and ordinances.
Section 17 RULE: 34.26 - PASSENGER FEES (I) is hereby revised as follows:
Vessels with a capacity in excess of eighty passengers shall pay a fee of
two dollars for each passenger disembarking either directly by shuttle or
lighter at the Small Boat Harbor Float or launch ramp
during the period May 15 1 to 15 30
Section 18 RULE: 34.27 - SEARCH
In addition to other Tariff provisions, when the City utilizes city equipment
and personnel to provide search and rescue assistance to vessels outside of the
Homer Port and Harbor, such as towing and rescue, the harbormaster will charge
users of those services $50.00 $75.00 per hour
for the first hour or any part thereof, and any services beyond the first hour
at 150% 125% of actual city costs, including
city labor costs, as determined in Subrule 34.25 Section 245(b) of this Tariff.
Section 19 RULE: 34.28 (b.), (c.) - BOAT LAUNCH
(b) CHARGES FOR USE OF PUBLIC LAUNCH RAMPS:
Vessels shall be charged $5.50 $10.00 per day
from the public launch ramps. (Reserved stall lessees exempt.) Vessel owners or
operators may obtain a seasonal permit for $55.00 $100.00
entitling a specific vessel and owner to launch from May 1 through September
30. (Reserved stall lessees exempt.)
(c)
The principal intended use of the launch ramp is the launch and recovery of small/trailerable vessels. An authorized subsidiary use is the incidental, noncommercial, loading or unloading of goods, supplies or materials.
The principal intended use of the harbor barge ramp is the commercial loading or unloading of goods, materials, equipment or personnel. An authorized subsidiary use is the loading or unloading of fishing gear and equipment or other use approved by the harbormaster.
At the harbormaster's discretion, reasonable restrictions may be placed on the use of any ramp owned or operated by the City.
Section 20 RULE: 34.29 - BEACHES (I) is hereby revised to read as follows:
The use of beaches under the City ownership or control for commercial barge vessel repair, equipment loading or similar purposes, must be approved by the harbormaster. A beach use agreement will be filled out and signed by the user and harbormaster prior to use of the beach.
The harbormaster shall charge fees as established by Resolution of the
City Council a fee of $1 per foot for vessels up to 50 feet OAL
and a fee of $2 per foot for vessels over 50 feet OAL for landing
or parking a vessel on the beaches under City ownership or control. Charges for
extended beach use may be adjusted by the harbormaster under appropriate
circumstance.
The user of any beach area must repair any damage to the beach and remove
all debris. Failure to make such repairs and removal will result in repairs and
cleanup by the harbor staff. The costs incurred by the harbor staff will be
fully charged to the beach user. Labor rate for the harbor staff will be fifty
seventy-five dollars per hour per person, plus
appropriate equipment rental and material costs.
Section 21 RULE: 34.30 - FISH DOCK (c) paragraph 6 is revised to read as follows:
Failure to obtain prior approval for a use other than loading and unloading
fish, fish products or fishing gear will result in the imposition of a
surcharge of thirty dollars per hour in additionto addition
to the regular fee.
No person shall use the Fish Dock in violation of this section.
Schedule of rates shall be set by City Council Resolution. See also Subrule 34.20 Subsection 210 e.
ITEM FEE
Annual access $75 per year
card (private license) (Annual renewal fee)
Card replacement fee $10 per occurrence
Annual food service license $50 per year
Cold Storage $225/month in 1995
(Cold storage rate structure $250 $400/month in
1996
is for storage area of eight Minimum two months.
feet by ten feet) Inspection $50/hour
Ice Plant Bin Storage $200/month, minimum
(Roofed-over, open-sided two months
storage bins at west end of
of ice plant building sixteen feet
by twelve feet)
Fish Dock crane $37.50/hour in 1995 $56.00/hour
$42.50/hour in 1996
negotiated rate for more
than 200 hours.
(By City Manager)
Minimum charge per hour Fifteen minutes
for crane
Ice Augured $67/T in 1995 $109/ton
$75/T in 1996
Pneumatic $72/T in 1995 $109/ton
$80/T in 1996
Negotiated rate for 100 ton
commitment. (By City Manager)
Seafood wharfage/Fish product Setting a tariff of $3.50
per ton of seafood/fish
product across the docks
regardless of species.
Freight NOS, Non-fish Cargo $10.00/T for cargo
going over the Fish
Dock. Fishing gear is
free from wharfage.
Section 22 RULE: 34.31 - CONDITIONS OF BERTHING (I), SUBSECTION 310, Paragraphs 1-3, is hereby revised to read as follows:
SUBSECTION 310
All applications for vessel berthing shall be made in the form specified by the harbormaster and may require the timely filing of the financial responsibility information called for by Supplement to Vessel berthing Application, completed in accordance with, and otherwise governed by, the terms and conditions set forth below:
(1) Unless waived pursuant to paragraph 2 below, terms of payment for all
applicable terminal or dockage charges shall be cash in
advance. A cash deposit or acceptable security in an amount equal to 125% of
the estimated applicable charges will be required to be posted with the
harbormaster six days prior to the vessel's scheduled arrival, or at such time
as may be authorized or directed by the harbormaster, but in all cases in
advance of actual services rendered. When a cash deposit has been posted, any
excess thereof after satisfaction of all applicable port charges, shall be
promptly refunded by the terminal Port and Harbor of Homer
to the party posting same.
(2) The harbormaster may waive the requirement of cash in advance as to all or any category or categories of its anticipated port charges when the party responsible for such charges has been identified by berthing agent to the satisfaction of the harbormaster, and:
(i) that party responsible has established credit worthiness acceptable to the harbormaster; or
(ii) adequate security, acceptable to the harbormaster, in and an
amount equal to 125% of the applicable estimated port charges, has been posted;
or
(iii) the agent requesting the berth, or another entity, in each case acceptable to the harbormaster as credit worthy, has personally accepted financial responsibility for the applicable charges.
(3) The vessel agent or other person requesting a berth ("berthing agent") shall provide, as part of the berthing process and to the extent of his knowledge, all information called for by any Supplement to Vessel Berthing Application respecting the vessel, its estimated arrival and departure, amount(s) and type(s) of cargo to be loaded or discharged. The vessel agent or other person requesting a berth shall provide an estimate of the amount of each category of port charges, as enumerated, and the party responsible therefor. The submission of this form, signed by the berthing agent, shall constitute the berthing agent's information supplied, based upon and to the extent of information made available to the berthing agent at the time of submission. The berthing agent shall be held personally liable to the City of Homer for any financial loss suffered by the City of Homer as a result of the agent's failure to accurately report and above information.
Should the berthing agent, subsequent to submission of this form, receive information which materially differs from the information previously provided, and which information the agent reasonably believes is not equally known to the harbormaster, it shall immediately notify the harbormaster and if requested by the harbormaster, promptly file an amended Supplement to Vessel Berthing Application with the harbormaster.
All estimates of terminal and dockage charges are subject to approval and/or adjustment by the harbormaster.
Section 23 These revisions are effective upon them being filed with the Federal Maritime Commission as an amendment to the Homer Port and Harbor Tariff.
PASSED
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JACK CUSHING, MAYOR
ATTEST:
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