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Authorizing Samuel Rappaport Ltd., a.k.a. Samson Asset Management, 722 Market Street, Philadelphia, PA 19106, its successors and assigns, to construct, own and maintain raised planters on the public footways for nine (9) properties in Center City, under certain terms and conditions.

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File details

Status
Enacted
Type
Bill
Introduced
April 1, 2004
Sponsors
CDCouncilmember DiCiccoCPCouncil President VernaCCCouncilmember Clarke

Full Bill

WHEREAS,

Samuel Rappaport Ltd. is the owner of nine (9) properties located at 219 S. Broad Street, 227-31 S. Broad Street, 337 S. Broad Street, 1308 Chestnut Street, 1517 Chestnut Street, 1624 Chestnut Street, 2100 Chestnut Street (a.k.a. 100 S. 21st Street), 722 Market Street and 726 Market Street, Philadelphia, PA; and

WHEREAS,

Samuel Rappaport Ltd. has requested permission to construct, own and maintain raised planters on the public footways of Broad Street, Chestnut Street, Market Street, Pine Street, Locust Street, Sansom Street, and 21st Street adjacent to the nine (9) properties; now, therefore,

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1.

Samuel Rappaport Ltd., its successors and assigns, are hereby authorized to construct, own and maintain the following structures:

All planters are twenty-six inches (26") high with variable in diameter from twenty-one inches (21") at the base to thirty inches (30") at the top. The encroachment description for each planter (approximate centerline locations) at each property is as follows:

219 S. Broad Street

- 2 Planters -

1st Councilmatic District

Street

Sidewalk

Location

Offset

Broad Street

East

110 ft nncl of Locust Street

21 ft eecl of Broad St

Broad Street

East

138 ft nncl of Locust Street

21 ft eecl of Broad St

227-31 S. Broad Street

- 4 Planters -

1st Councilmatic District

Street

Sidewalk

Location

Offset

Broad Street

East

52 ft nncl of Locust St

21 ft eecl of Broad St

Locust Street

North

38 ft eecl of Broad Street

10 ft nncl of Locust St

Locust Street

North

53 ft eecl of Broad Street

10 ft nncl of Locust St

Locust Street

North

69 ft eecl of Broad Street

10 ft nncl of Locust St

337 S. Broad Street

- 2 planters -

1st Councilmatic District

Street

Sidewalk

Location

Offset

Pine Street

North

35 ft eecl of Broad Street

11 ft nncl of Pine St

Pine Street

North

56 ft eecl of Broad Street

11 ft nncl of Pine St

1308 Chestnut Street

- 2 planters -

1st Councilmatic District

Street

Sidewalk

Location

Offset

Chestnut Street

South

103 ft wwcl of S.13th Street

15 ft sscl of Chestnut St

Chestnut Street

South

138 ft wwcl of S.13th Street

15 ft sscl of Chestnut St

1517 Chestnut Street

- 1 planter -

5th Councilmatic District

Street

Sidewalk

Location

Offset

Chestnut Street

North

159 ft wwcl of S.15th Street

15 ft nncl of Chestnut St

1624 Chestnut Street

- 1 planter -

2nd Coucilmatic District

Street

Sidewalk

Location

Offset

Chestnut Street

South

134 ft eecl of S.17th St

15 ft sscl of Chestnut St

2100 Chestnut Street

- 13 planters -

2nd Councilmatic District

Street

Sidewalk

Location

Offset

Chestnut Street

South

18 ft wwcl of 21st Street

20 ft sscl of Chestnut St

Chestnut Street

South

41 ft wwcl of 21st Street

20 ft sscl of Chestnut St

Chestnut Street

South

85 ft wwcl of 21st Street

20 ft sscl of Chestnut St

Chestnut Street

South

111 ft wwcl of 21st Street

20 ft sscl of Chestnut St

S. 21st Street

West

27 ft sscl of Chestnut Street

10 ft wwcl of S. 21st St.

S. 21st Street

West

54 ft sscl of Chestnut Street

10 ft wwcl of S. 21st St.

S. 21st Street

West

90 ft sscl of Chestnut Street

10 ft wwcl of S. 21st St.

S. 21st Street

West

130 ft sscl of Chestnut Street

10 ft wwcl of S. 21st St.

S. 21st Street

West

129 ft nncl of Sansom Street

10 ft wwcl of S. 21st St.

S. 21st Street

West

85 ft nncl of Sansom Street

10 ft wwcl of S. 21st St.

S. 21st Street

West

56 ft nncl of Sansom Street

10 ft wwcl of S. 21st St.

S. 21st Street

West

13 ft nncl of Sansom Street

10 ft wwcl of S. 21st St.

Sansom Street

North

18 ft wwcl of S. 21st Street

9 ft nncl of Sansom St

722 Market Street

- 2 planters -

1st Councilmatic District

Street

Sidewalk

Location

Offset

Market Street

South

162 ft eecl of S. 8th Street

15 ft sscl of Market St

Market Street

South

174 ft eecl of S. 8th Street

15 ft sscl of Market St

726 Market Street

- 3 planters -

1st Councilmatic District

Street

Sidewalk

Location

Offset

Market Street

South

105 ft eecl of S. 8th Street

21 ft sscl of Market St

Market Street

South

127 ft eecl of S. 8th Street

21 ft sscl of Market St

Market Street

South

140 ft eecl of S. 8th Street

21 ft sscl of Market St

SECTION 2.

The construction use and maintenance of the raised planters listed in Section 1 shall be in accordance with the laws, rules and regulations of the City of Philadelphia, and specifically those of the Department of Licenses and Inspections, the Department of Streets and the Art Commission.

SECTION 3.

Before exercising any rights or privileges under this Ordinance, Samuel Rappaport Ltd. must first obtain or have their contractor(s) obtain all required permits, licenses and approvals from all appropriate departments, boards, agencies or commissions. No such department, board, agency or commission shall be required to issue any such permit, license or approval solely because this Ordinance has been enacted, it being the express intent of this Ordinance not to supersede any other provision of law governing the issuance of such permits, licenses or approvals. In addition, before exercising any rights and privileges under this Ordinance, Samuel Rappaport Ltd. shall enter into an agreement (“Agreement”) with the appropriate City department or departments, in a form satisfactory to the Law Department, to provide that Samuel Rappaport Ltd. shall,

inter alia

:

(a)

agree that upon one hundred and eighty (180) days notice from the City, it shall remove the raised planters without cost or expense to the City when given written notice to do so by the City of Philadelphia to accommodate a municipal or municipal sponsored construction project;

(b)

furnish the City with either a bond with corporate surety in an amount required by the Department of Streets and in a form satisfactory to the Law Department to insure the compliance with all the terms and conditions of this Ordinance and the Agreement, and to protect and indemnify the City from and against all damages or claims for damages which may arise directly or indirectly as a result of the construction, maintenance or use of the raised planters or their removal, or in lieu thereof, submit documentation in a form and content acceptable to the City that Samuel Rappaport Ltd

.

self-assumes liabilities and obligations normally covered by Surety Bond;

(c)

secure all necessary permits, licenses and approvals from all appropriate departments, agencies, boards or commissions of the City as may be required by regulation or law. No such department, board, agency or commission shall be required to issue any such permit, license or approval solely because this Ordinance has been enacted;

(d)

assume the costs of all changes and adjustments to, and relocation or abandonment of, City utilities and City structures wherever located as may be necessary due to the construction of the raised planters;

(e)

carry public liability and property damage insurance, co-naming the City of Philadelphia as an insured party, in such amounts as shall be satisfactory to the Law Department, or in lieu thereof, submit documentation in form and content acceptable to the City that Samuel Rappaport Ltd

.

is self insured and is providing the City of Philadelphia the same coverage and benefits had the insurance requirements been satisfied by an insurance carrier authorized to do business in the Commonwealth of Pennsylvania;

(f)

insure that all construction contractors for the raised planters carry public liability and property damage insurance, naming the City of Philadelphia as an insured party in such amounts as shall be reasonably satisfactory to the Law Department;

(g)

give the City and all public utility companies the right of access, ingress and egress for the purpose of inspection, maintenance, alteration, relocation or reconstruction of any of their respective facilities which may lie within the public footways on Broad Street, Chestnut Street, Market Street, Pine Street, Locust Street, Sansom Street, and 21st Street adjacent to the properties; and

SECTION 4.

The Law Department shall include in the Agreement such other terms and conditions as shall be deemed necessary to protect the interests of the City.

SECTION 5.

The permission granted to Samuel Rappaport Ltd

.

to construct, own and maintain the raised planters described in Section 1 shall expire without any further action by the City of Philadelphia if Samuel Rappaport Ltd

.

has not entered into an Agreement and satisfied all requirements of the Agreement that are listed in Section 3 of this Ordinance within one (1) year after this Ordinance becomes law.

SECTION 6.

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

End

Timeline

File history

A file can move through several public steps, including introduction, hearings, amendments, votes and final action. This timeline puts those events in date order, groups routine entries from the same day, and attaches published member votes to the action they record.

  1. Council ActionMAYOR

    SIGNED

    Other recorded action without a published tally.

    Official action detail

    Source: LegislationDetail.aspx · gridLegislation

  2. Member voteCITY COUNCIL

    PASSED

    Member-by-member vote published for this action.

    Pass17 Yes · 0 No · 0 AbsentView member votes →
    Official action detail

    A motion was made that this matter be PASSED. The motion carried by the following vote:

    Member votes

    MemberVote
    Anna Cibotti VernaYes
    Blondell Reynolds BrownYes
    Brian J. O'NeillYes
    Darrell L. ClarkeYes
    David CohenYes
    Donna Reed MillerYes
    Frank J. DiCiccoYes
    Frank RizzoYes
    Jack KellyYes
    James F. KenneyYes
    Jannie L. BlackwellYes
    Joan L. KrajewskiYes
    Juan F. RamosYes
    Marian B. TascoYes
    Michael A. NutterYes
    Rick MarianoYes
    W. Wilson Goode, Jr.Yes

    Source: LegislationDetail.aspx · gridLegislation

    Council ActionCITY COUNCIL

    READ

    Other recorded action without a published tally.

    Official action detail

    Source: LegislationDetail.aspx · gridLegislation

  3. 3 procedural actionsCITY COUNCIL
    ProceduralCITY COUNCIL

    ORDERED PLACED ON NEXT WEEK`S SECOND READING CALENDAR

    Official action detail

    Source: LegislationDetail.aspx · gridLegislation

    UnanimousCITY COUNCIL

    SUSPEND THE RULES OF THE COUNCIL

    Pass
    Official action detail

    A motion was made by Councilmember DiCicco that this matter be SUSPEND THE RULES OF THE COUNCIL. The motion carried unanimously.

    Source: LegislationDetail.aspx · gridLegislation

    ProceduralCITY COUNCIL

    ORDERED PLACED ON THIS DAY`S FIRST READING CALENDAR

    Official action detail

    Source: LegislationDetail.aspx · gridLegislation

  4. 3 procedural actionsCommittee on Streets and Services
    ProceduralCommittee on Streets and Services

    REPORTED FAVORABLY, RULE SUSPENSION REQUESTED

    Official action detail

    Source: LegislationDetail.aspx · gridLegislation

  5. UnanimousCITY COUNCIL

    Introduced

    Marked unanimous; no member-by-member tally published.

    Pass
    Official action detail

    A motion was made by Councilmember DiCicco that this matter be Introduced. The motion carried unanimously.

    Source: LegislationDetail.aspx · gridLegislation