ORDINANCE No. 177166

*Grant revocable permit to Portland Saturday Market, Inc., to use W Burnside under the Burnside Bridge for market operations and to close parts of SW Ankeny, SW 1st, SW Naito Parkway and NW Naito Parkway during certain hours (Ordinance)

The City of Portland ordains:

Section 1. The Council finds:

1.  The Portland Saturday Market, Inc. (Market), 108 West Burnside Street, Portland, Oregon 97209-4091, has through Verne Stanford, requested permission to use and close streets during certain hours and for certain purposes as follows:

a.  Use of the street area under the west end of the Burnside Bridge for placement of Market booths, stands, platforms, etc. and for vehicle unloading and loading from 6:00 a.m. on Saturdays to 12 midnight on Sundays. This area more completely described as that area bounded by the north and south right of way lines of W. Burnside Street, the most easterly right of way line of 1st Avenue extended, and the east edge of the footings of the columns immediately west of the western most travel lane of Naito Parkway.

b.  Use of the south sidewalk area of SW Ankeny Street between SW 1st Avenue and SW Naito Parkway for the encroachment of booths placed in Ankeny Park under a Parks Bureau permit. This area more completely described as that area bounded by the south curbline of SW Ankeny Street, the south right of way line of SW Ankeny Street, the west right of way line of SW Naito Parkway and the east right of way line of SW 1st Avenue.

c.  Closure of the west traffic lane of NW and SW Naito Parkway from the south right of way line of NW Couch Street to 90 feet south of the south right of way line of SW Ankeny Street, which is the north wall of the Fire Museum extended, to provide a vehicle unloading and loading area for Market operation from 6:00 a.m. to 9:00 p.m. on Saturdays and from 7:00 a.m. to 8:00 p.m. on Sundays.

d.  Closure of certain designated areas of SW Ankeny Street to ensure pedestrian safety and to provide a vehicle unloading and loading area for Market operation from 6:00 a.m. to 9:00 p.m. on Saturdays and from 7:00 a.m. to 8:00 p.m. on Sundays. Sidewalks on SW Ankeny Street adjacent to the Skidmore Fountain Building shall remain clear at all times for pedestrian use. These areas more completely described as SW Ankeny Street between the east right of way line of SW 2nd Avenue and the west right of way line of SW 1st Avenue excluding the sidewalk on the south side of SW Ankeny and SW Ankeny Street between the east right of way line of SW 1st Avenue running northwesterly to southeasterly extended and the west right of way line of SW Naito Parkway excluding the sidewalk area covered by paragraph b. above.

e.  Closure of a certain designated area of SW 1st Avenue to ensure pedestrian safety and to provide a vehicle unloading and loading area for Market operation from 6:00 a.m. to 9:00 p.m. on Saturdays and from 7:00 a.m. to 8:00 p.m. on Sundays. This area more completely described as SW 1st Avenue between the east right of way line of SW 1st Avenue adjacent to Ankeny Park, the south right of way line of SW Ankeny Street extended, and a line from the southwest corner of Block 10 Couch's Addition continuing south to an intersection with the south property line of Ankeny Park  extended, excluding the Skidmore Fountain.

f.  Use of the street area as described in Section 1-l.a. above for extended holiday Market operations on those weekdays from and including December 16 through December 24.

2.  That the Portland Police Bureau, the Fire Bureau, the Maintenance Bureau, and the Bureau of Transportation System Management have approved the proposed street closure and street use.

3.  That the granting of the above request, under certain conditions, will not be detrimental to the public interest.

NOW, THEREFORE, the Council directs:

a.  A revocable permit is hereby granted to Portland Saturday Market, Inc., permittee, to close and use during the times prescribed in Section 1-1 above, those streets and avenues as shown on the plan marked "Exhibit A" attached to and by this reference made a part hereof, from January 1, 2003 through December 31, 2006, subject to the following conditions:

(1)  Any non-profit organization wishing to establish a booth or table at the Market shall present proof of its non-profit status satisfactory to Portland Saturday Market, Inc.

(2)  This permit is revocable at any time by the City Council in the event the public's need requires it and is also contingent on there being a minimum disturbance to the public. If adequate sanitary facilities are not provided, cleanliness is not maintained, or for any reason the City Engineer, the City Traffic Engineer, or the Bureau of Police feels that it is not in the best interest of the public to continue, the permittee shall cease the operations authorized by this permit and may, if he wishes, appeal the City Engineer's, the City Traffic Engineer's, or the Police Bureau's decision to the Council and no expenditure of money or lapse of time or other act or thing shall operate as an estoppel against the City of Portland or be held to give the permittee any vested or other right upon such revocation.

(3)   During the term of this permit, an abutting property owner may petition Council to modify or revoke this permit if there is a change in ownership of the abutting property, a significant change in the use of the abutting property, or major renovation of the abutting property.

(4)  No vehicles will be allowed within the street area of SW Ankeny Street at any time when closed except emergency vehicles, vehicles unloading and loading for the Market operation or by vehicles that require access to private properties fronting the street for loading or unloading of goods or other business related activities.

(5)  The permittee shall, at his own expense, provide necessary signs, barricades and illumination as required by the Bureau of Transportation System Management and further, the permittee shall reimburse the City for any additional cost of enforcing traffic and parking regulations resulting from activities of the Market operation.

(6)  That open pedestrian walkways be maintained at all times in that portion of the street area under the Burnside Bridge.

(7)  The permittee shall comply with all requirements of the Bureau of Transportation System Management.

(8)  That all booths, stands, platforms, etc. either for profit or non-profit, will be located only in the street areas designated under this permit for use and not in the street areas designated under this permit for closure. No selling from a booth, stand, platform, or otherwise, whether by a vendor associated with the Market or by any individual, shall be permitted in the street closure areas. The street closure areas shall remain open and unobstructed at all times to provide safe and unimpeded access for emergency vehicles, pedestrians, unloading and loading of vehicles by Market vendors and adjacent businesses and for loading of customer vehicles by permission of the Market.

(9)  The Market shall be responsible for maintenance and clean up of any paper, cardboard, wood or plastic containers, wrappers, or glass, or any litter in any form which is deposited by any person on the sidewalk or street within the right-of-way specified for use and closure.

(10)  That permission is given the permittee to use and operate City-owned street lights under the Burnside Bridge during daylight hours on those days of Market operation allowed under this permit. The permittee will pay annually, upon receipt of a statement from the City for the 12 month period of April 1 through March 31, all energy costs at the then current rate for the operation of the City-owned street lights plus any related maintenance costs. The City Engineer may revoke the Market's permission to use the street lights after due notice, if the permittee's continued use of the street lights is not in the best interest of the public.

(11)  That the Police Bureau, the Fire Bureau, the Park Bureau, the Maintenance Bureau and the Bureau of Transportation System Management will submit to the City Engineer, by January 31 of each year, a list of the additional costs beyond normal service to the Portland Saturday Market, Inc. that are incurred as a result of the Market operation. These costs shall be reimbursed to the City based on the actual costs to each Bureau providing services. These calendar year costs for City services must be paid no later than the day prior to the opening of the Saturday Market following the year the costs were incurred.

(12)  Portland Saturday Market, Inc. will pay the City a fee of $124.00 per day of operation between January 1, 1998 and December 31, 1998. The fee shall be adjusted annually on the anniversary of the commencement date of this permit as long as this permit shall remain in effect. The fee shall be adjusted based on the Consumer Price Index (CPI) for all Urban Consumers (1982-84 equals 100), Portland, Oregon, for All Items, or a comparable Index published by the United States Bureau of Labor Statistics if such Consumer Price Index be discontinued. The redetermination of the fee for each period shall be based on the most recently available CPI, which precedes the adjustment date.

(13)  The extended holiday Market operation on weekdays between December 16 and December 24 shall be subject to all Ordinance conditions with the following exceptions:

A.  No lane closures on SW Naito Parkway, NW Naito Parkway, SW Ankeny St., and SW First Ave. will be allowed except as specifically permitted by the City Engineer.

B.  Loading and unloading by Saturday Market merchants will not be permitted to interfere with traffic, commerce, or with Light Rail operations that may occur in the area of First Avenue.

C.  The operations of all other merchants that might be affected shall be realized and adjustments to Saturday Market operations shall be made to minimize any impact.

D.  The hours of holiday Market operation shall not exceed normal Saturday Market hours.

E.  Vehicle unloading for Portland Saturday Market will take place only during the hours of 6:00 a.m. to 11:15 a.m.

F.  Vehicle loading for Portland Saturday Market will take place only during the hours of 5:00 p.m. to 8:00 p.m.

G.  Each day from 7:00 p.m. to 6:00 a.m. the street area to be closed and used under this permit will be guarded by a security service. All security required shall be provided by the permittee at his own expense.

H.  If any adjacent property owner objects to the extended holiday Market operations as described in Section La. (13) above, such objection shall be received in writing by the City and the Market by October 16 or the last business day prior to that date. All other conditions of this Ordinance shall remain in full force and effect.

(14)  This permit is personal to the permittee and may not be transferred, assigned or otherwise conveyed, and will require insurance with limits of coverage that will meet the maximum requirements for liability of a public body as set forth in ORS 30.260 through 30.300, or as it may be required by subsequent amendment and naming the City, its officers, agents and employees as additional insured. Said insurance is to be kept in full force and effect at all times. This permit is automatically revoked without further action by the Council if this insurance is permitted to lapse, is canceled, or for any other reason becomes inoperative.

(15)  The permittee shall hold the City of Portland, its officers, agents, and employees free and harmless from any claims for damages to persons or property, including legal fees and cost of defending any actions or suits, including any appeals which may result from the use of the street area under this permit.

(16)  This permit shall not exempt the permittee from obtaining any license or permit required by the City Code or Ordinances for any act to be performed under this permit, nor shall this permit waive the provisions of any City Code, Ordinance, or the City Charter, except as herein stated.

b.  Beginning January 1, 2006, the revocable permit will be automatically extended in three-year increments, provided the City Engineer has not received a written complaint from the abutting property owner during the previous three-year period. This clause does not supercede City Council authority to revoke this permit, or automatic revocation, as described in this Ordinance.

Section 2. This Ordinance will not become effective until the permittee has filed a document with the City Auditor, which has been approved by the City Attorney, accepting the terms and conditions hereof. This Ordinance shall be automatically revoked without further consideration by the Council if the acceptance together with documents, insurance and fees required are not on file with the City Auditor within thirty (30) calendar days of the passage of this Ordinance.

Section 3. The Council declares that an emergency exists because delay in the enactment of this Ordinance will result in an unnecessary hardship on the part of the applicant as to the status of the requested permit; therefore, this Ordinance shall be in force and effect from and after its passage by the Council.

Passed by the Council, December 26, 2002

          GARY BLACKMER

Commissioner Jim Francesconi          AUDITOR OF THE CITY OF PORTLAND

Elizabeth Papadopoulos:slg  BY /s/Terry Reisz

December 17, 2002

S: \ ORD \ PMT\PSM              DEPUTY

BACKING SHEET INFORMATION

AGENDA NO. 1518-2002

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 177166