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Authorizing the revision of lines and grades on a portion of City Plan No.178 by striking from the City Plan and vacating Clarkson avenue from Wister street to Twenty-first street; by reserving and placing on the City Plan a right-of-way for drainage purposes, water main purposes and public utility purposes within the bed of Clarkson avenue; and by striking from the City Plan Twenty-first street from Belfield avenue to Clarkson avenue, all under certain terms and conditions.

AI summary

The enacted ordinance revises the City Plan by vacating Clarkson Avenue between Wister Street and Twenty-first Street and removing Twenty-first Street between Belfield Avenue and Clarkson Avenue from the plan. It reserves a right-of-way in the former Clarkson Avenue area for drainage, water mains, and public utilities, and requires affected property owners or other responsible parties to provide agreements, cover certain costs, and make needed changes to streets and utility facilities.

File details

Status
ENACTED
Introduced
May 24, 2001
Sponsors
DRDonna Reed Miller
View official record ↗

Full text

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1. Pursuant to Section 11-403 of The Philadelphia Code, the Board of Surveyors of the Department of Streets is authorized to revise the lines and grades on a portion of City Plan No. 178 by:

(a)

Striking from the City Plan and vacating Clarkson avenue from Wister street to Twenty-first street.

(b)

R

eserving and placing on the City Plan a right-of-way for drainage purposes, water main purposes and public utility purposes within the bed of Clarkson avenue being stricken from the City Plan under authority of this Ordinance.

(c)

Striking from the City Plan Twenty-first street from Belfield avenue to Clarkson avenue.

SECTION 2. This authorization is conditional upon compliance with the following requirements within one (1) year from the date this Ordinance becomes law:

(a)

The filing of an agreement, satisfactory to the Law Department, by the owner or owners of property affected thereby, to release the City from all damages or claims for damages which may arise by reason of the City Plan changes authorized herein; in lieu thereof, only after the party in interest has demonstrated best efforts to obtain such agreements and such efforts are unsuccessful, the party in interest shall file an agreement and bond with corporate surety, satisfactory to the Law Department, to indemnify the City as aforesaid.

(b)

The filing of an agreement, satisfactory to the Law Department, by the party in interest, to release, indemnify and defend the City from all damages or claims for damages, which may arise by reason of the City Plan changes authorized herein.

(c)

The filing of an agreement, satisfactory to the Law Department, by the party in interest, to make any and all changes and adjustments to curbing, sidewalk paving, cartway paving, water pipe, fire hydrants, sewers, inlets and manholes, street light poles and equipment and to other City structures either overhead, underground or upon the surface, including the relocation, abandonment, repairing, reconstruction, cutting and sealing of such structures and facilities which may be necessary in the judgment of the Department of Streets and Water Department by reason of the City Plan changes authorized herein. The agreement shall provide for the removal of all existing City owned street lighting poles and equipment and for their delivery to the storage yard of the Street Lighting Division at 701 Ramona avenue at no cost to the City. The agreement shall provide for the removal of salvageable hydrants, valves, manhole covers, frames and connections as determined by the Water Department and for their delivery to the storage yard of the Water Department located at Twenty-ninth street and Cambria street at no cost to the City. The agreement shall also provide for the removal of salvageable cast iron manholes and covers, street inlet grates, frames and hoods and inlet castings as determined by the Water Department and for their delivery to the storage yard of the Water Department located at 3201 Fox street at no cost to the City. The agreement shall provide that this work be completed within one year from the date of confirmation by the Board of Surveyors on the City Plan changes authorized by this Ordinance.

(d)

The filing of an agreement by the owner or owners of property affected thereby, granting to the City the aforesaid right-of-way for drainage purposes, water main purposes and public utility purposes in Section 1(b) of this Ordinance. The agreement shall provide that no changes in grades shall be made and that no fences, buildings or other structures, either overhead, underground or upon the surface shall be constructed within the lines of the right-of-way or abutting thereon, unless the plans for such structures shall first be submitted to and approved by the Philadelphia Water Department and other public utilities having a right to occupy the right-of-way. The agreement shall also grant the right-of-access and occupation at any and all times to the officers, agents, employees and contractors of the City and or the public utilities having a right to occupy the right-of-way for the purpose of construction, reconstruction, maintenance, alterations, repairs and inspection of present and future facilities and structures.

(e)

The filing of a bond, with corporate surety, satisfactory to the Law Department, to cover the cost of work required under Section 2(c).

(f)

The payment by the party in interest of the cost of advertising the public hearing by the Board of Surveyors on the City Plan changes authorized by this Ordinance.

SECTION 3. This Ordinance shall not become effective unless the sum of two hundred dollars ($200.00), toward costs thereof, is paid into the City Treasury within sixty (60) days after this Ordinance becomes law.

End

File history

Sometimes city council's record keeping is not complete. This timeline reflects the information on the council's legistar website.
  1. Council actionMAYOR

    Signed

  2. Council actionCITY COUNCIL

    Read

  3. Council actionCommittee on Streets and Services

    Hearing held

    Council actionCommittee on Streets and Services

    Reported favorably, rule suspension requested

    Council actionCITY COUNCIL

    Ordered placed on next week`s second reading calendar

    Council actionCITY COUNCIL

    Suspend the rules of the council

    Pass
    Council actionCITY COUNCIL

    Ordered placed on this day`s first reading calendar

  4. Council actionCommittee on Streets and Services

    Hearing held

    Council actionCommittee on Streets and Services

    Hearing notices sent

  5. Council actionCITY COUNCIL

    Introduced

    Pass
    Council actionCITY COUNCIL

    Referred