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File #: 041007    Version: 0 Name:
Type: Bill Status: ENACTED
File created: 11/18/2004 In control: Committee on Streets and Services
On agenda: Final action: 12/16/2004
Title: Authorizing the revision of lines and grades on a portion of City Plan No. 121 within an area bounded by Jefferson Street, Twentieth Street, Oxford Street and Nineteenth Street, by striking from the City Plan and vacating Opal Street from Jefferson Street to Oxford Street and Garnet Street from Jefferson Street to Oxford Street; by placing on the City Plan Uber Street from Jefferson Street to Oxford Street, all under certain terms and conditions.
Sponsors: Councilmember Clarke
Indexes: CITY PLAN, STRIKE FROM & VACATE
Attachments: 1. CertifiedCopy04100700.pdf
Title
Authorizing the revision of lines and grades on a portion of City Plan No. 121 within an area bounded by Jefferson Street, Twentieth Street, Oxford Street and Nineteenth Street, by striking from the City Plan and vacating Opal Street from Jefferson Street to Oxford Street and Garnet Street from Jefferson Street to Oxford Street; by placing on the City Plan Uber Street from Jefferson Street to Oxford Street, all under certain terms and conditions.
Body
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1. 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. 121 by:

(a) Striking from the City Plan and vacating Opal Street from Jefferson Street to Oxford Street.

(b) Striking from the City Plan and vacating Garnet Street from Jefferson Street to Oxford Street.

(c) Placing on the City Plan Uber Street from Jefferson Street to Oxford Street.

SECTION 2. 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 that may arise by reason of the City Plan changes authorized herein.

(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, agreeing 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 of the City Plan changes authorized by this Ordinance.

(d) The party in interest shall file a bond with corporate surety, satisfactory to the Law Department, and in amount satisfactory to the Department of Streets, to cover the cost of the work required under Section 2(c).

(e) 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.

(f) The dedication by the owners to the City, without cost, and free and clear of all encumbrances, of the bed of Uber Street being placed on the City Plan under authority of this Ordinance.

SECTION 3. The provisions of The Philadelphia Code, Section 14-2104(5) related to minimum street widths shall not apply.

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 one hundred twenty (120) days after this Ordinance becomes law.
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