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Back to search resultsResolution 230750

Proposing an amendment to The Philadelphia Home Rule Charter to provide for indemnification and defense by the City in connection with claims made against any registered community organization arising directly out of the lawful participation by such an organization in zoning matters and related land-use process; and providing for the submission of the amendment to the electors of Philadelphia.

AI summary

The adopted resolution proposes a Philadelphia Home Rule Charter amendment requiring the City to defend and indemnify registered community organizations that comply with the Zoning Code when claims arise from their lawful participation in the City’s zoning variance process. The amendment would be submitted to Philadelphia voters and would take effect only if approved and followed by implementing regulations from the Law Department.

File details

Status
ADOPTED
Introduced
October 26, 2023
Sponsors
Darrell L. ClarkeCurtis Jones, Jr.Mark Squilla
View official record ↗

Full text

WHEREAS, Under Section 6 of the First Class City Home Rule Act (53 P.S. §13106), an amendment to The Philadelphia Home Rule Charter may be proposed by a resolution of the Council of the City of Philadelphia adopted with the concurrence of two-thirds of its elected members; now, therefore, be it

RESOLVED, BY THE COUNCIL OF THE CITY OF PHILADELPHIA, That the following amendment to The Philadelphia Home Rule Charter is hereby proposed and shall be submitted to the electors of the City on an election date designated by ordinance:

ARTICLE VIII

PROVISIONS OF GENERAL APPLICATION

CHAPTER 1

FISCAL AND BUDGETARY MATTERS

§ 8-108. Indemnification and Defense of Registered Community Organizations.

The City shall

provide for the defense and indemnification of

any registered community organization

that is in compliance with the Philadelphia Zoning Code and applicable regulations,

in connection with any claim brought against such an organization arising directly out of the organization’s lawful participation in

the City’s zoning variance process.

The Law Department is authorized to adopt regulations to implement this Section, including to establish indemnity limits, rules for addressing double indemnity

, providing for the purchase of insurance through a grant or similar program,

and other measures to protect the best interests of the City.

APPENDIX

CHAPTER A-2

§ A-200. Schedule.

This Charter shall become effective on the first Monday of January, 1952, except in the following particulars:

( )

The amendments to this Charter adding Section 8-108 (“Indemnification and Defense of Registered Community Organizations”) shall take effect upon the adoption of implementing regulations by the Law Department, which regulations shall be filed for adoption within 60 days of certification of the election approving the proposed Charter change.

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 actionCITY COUNCIL

    Ordered placed on final passage calendar for next meeting.

  2. Council actionCommittee on Law and Government

    Reported favorably

    Council actionCommittee on Law and Government

    Amended

    Council actionCommittee on Law and Government

    Hearing held

    Council actionCommittee on Law and Government

    Hearing notices sent

  3. Council actionCITY COUNCIL

    Introduced and Referred