Granting permission to Vincent Cappello, owner and operator of Vinny's Fruit and Produce located in the right-of-way on the north side of Dickinson Street between 9th Street and 10th Street, to install, use and maintain certain electrical wires, conduits and appurtenances in, under and over the right-of-way on the north side of Dickinson Street between 9th Street and 10th Street, for the purpose of supplying electricity to said fruit and produce truck, under certain terms and conditions.

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1. Permission is hereby granted to Vincent Cappello owner and operator of Vinny’s Fruit and Produce Truck located in the

right-of-way on the north side of Dickinson Street between 9th Street and 10th Street

, to install, use and maintain certain electrical wires, conduits and appurtenances in, under and over the

right-of-way on the north side of Dickinson Street between 9th Street and 10th Street

, for the purpose of supplying electricity to said fruit and produce truck, under certain terms and conditions.

SECTION 2. The wires, conduits and appurtenances shall be installed and maintained in accordance with the regulations of the Departments of Licenses and Inspections, Public Property and Streets.

SECTION 3. Said wires, conduits and appurtenances shall be agreed to be removed and the street properly restored to the satisfaction of the Commissioner of Streets within one hundred twenty (120) days from date of lawful service of notice.

SECTION 4. No City department, board, agency or commission shall be solely required by virtue of this Ordinance to issue any permit or approval that Vincent Cappello must obtain prior to construction in the public right-of-way.

SECTION 5. Before exercising any rights or privileges under this Ordinance, Vincent Cappello shall enter into an agreement with the appropriate City department, in form satisfactory to the City Solicitor to provide that Vincent Cappello shall,

inter alia

:

(a) Furnish the City with a bond with corporate surety in an amount and in form satisfactory to the City Solicitor to insure compliance with all terms and conditions of this Ordinance; to protect and indemnify the City from and against all damages which may arise directly or indirectly as a result of construction, maintenance, use or operation of the wires and conduits authorized herein;

(b) Secure all necessary permits, licenses and approvals from all appropriate departments, agencies, boards or commissions of the City or other governmental entity as may be required by law;

(c) Assume the cost of all changes, adjustments, relocation and/or abandonment of all utilities and structures as may be necessary by reason of the installation of the wires, conduits and appurtenances as authorized herein;

(d) Carry public liability and property damage insurance, naming the City as an insured party, in such amount as shall be reasonably satisfactory to the City Solicitor.

SECTION 6. The City Solicitor shall include in the agreement such other terms and provisions as he shall deem necessary and appropriate to protect the interests of the City.

SECTION 7. This Ordinance shall not become effective unless the sum of two hundred dollars ($200.00), towards the cost thereof, is paid into the City Treasury within sixty (60) days after approval of this Ordinance.

End