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Repealing an Ordinance (Bill 000411) signed by the Mayor on August 11, 2000, and authorizing the revision of lines and grades on a portion of City Plan No. 271 of an area bounded by Girard avenue, Hancock street, Wildey street, Germantown avenue, New Market street, Laurel street and Second street by striking from the City Plan and vacating Germantown avenue from Second street to Wildey street; by striking from the City Plan and abandoning a certain right-of-way for drainage purposes and water main purposes; and by placing on the City Plan a certain right-of-way for drainage purposes and water main purposes, under certain terms and conditions.
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THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Bill number 000411 signed by the Mayor on August 11, 2000, is hereby repealed in its entirety.
SECTION 2. Pursuant to Section 11-405 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. 271 of an area bounded by Girard avenue, Hancock street, Wildey street, Germantown avenue, New Market street, Laurel street and Second street by:
(a) Striking from City Plan No. 271 and vacating Germantown avenue from Second street to Wildey street.
(b) Striking from City Plan No. 271 and abandoning a right-of-way for drainage purposes and water main purposes (40’ wide) within the lines of former Van Horn street, extending northeastwardly from Germantown avenue to Hancock street.
(c) Reserving and placing on City Plan No. 271 a right-of-way for drainage purposes and water main purposes (60’ wide) extending southeastwardly from Second street to Wildey street within the lines of Germantown avenue.
SECTION 3. This authorization is conditional upon compliance with the following requirements within two (2) years 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; provided that, only after the party in interest has demonstrated best efforts to obtain such agreements and such efforts are unsuccessful, in lieu thereof, 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 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 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. Such 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 North 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 of the City Plan Changes authorized by this Ordinance.
(d) The filing of a bond, with corporate surety, satisfactory to the Law Department, to cover the cost of the work required under section 2 (c).
(e) The filing of an agreement, satisfactory to the Law Department by the owner or owners of property affected thereby, granting to the City the right-of-way for drainage purposes and water main purposes described in Section 2(c) of this Ordinance. The agreement shall provide that no changes in grades shall be made and that no 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 be approved by the Water Department. 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 for the purpose of construction, reconstruction, maintenance, alterations, repairs and inspection of present and future drainage and water main structures.
(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 4. 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.
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