City of Philadelphia - File #: 130353

• File #: 130353
• Version: 0
• Type: Bill
• Status: ENACTED
• File created: 5/2/2013
• In control: Committee on Streets and Services
• Final action: 6/6/2013
• Title: Authorizing the revision of lines and grades on a portion of City Plan No. 319 by striking from the City Plan and vacating the legally open portion of Pennway Street from Rhawn Street to a point approximately five-hundred fifty feet southwestwardly therefrom, under certain terms and conditions.
• Sponsors: Councilmember O'Neill
• Indexes: CITY PLAN, STRIKE FROM & VACATE

Date	Ver.	Action By	Action	Result	Tally
6/17/2013	0	MAYOR	SIGNED
6/6/2013	0	CITY COUNCIL	READ AND PASSED	Pass	16:0
5/23/2013	0	CITY COUNCIL	ORDERED PLACED ON THIS DAY`S FIRST READING CALENDAR
5/23/2013	0	CITY COUNCIL	SUSPEND THE RULES OF THE COUNCIL	Pass
5/23/2013	0	CITY COUNCIL	ORDERED PLACED ON NEXT WEEK`S SECOND READING CALENDAR
5/22/2013	0	Committee on Streets and Services	HEARING NOTICES SENT
5/22/2013	0	Committee on Streets and Services	HEARING HELD
5/22/2013	0	Committee on Streets and Services	REPORTED FAVORABLY, RULE SUSPENSION REQUESTED
5/2/2013	0	CITY COUNCIL	Introduced and Referred	Pass

Title

Authorizing the revision of lines and grades on a portion of City Plan No. 319 by striking from the City Plan and vacating the legally open portion of Pennway Street from Rhawn Street to a point approximately fivefifty feet southwestwardly therefrom, under certain terms and conditions.

Body

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1.  Pursuant to Section 11-403 of The Philadelphia Code, the Board of Surveyors of the Department of Streets is hereby authorized to revise the lines and grades on a portion of City Plan No. 319 by striking from the City Plan and vacating the legally open portion of Pennway Street from Rhawn Street to a point approximately fivefifty feet southwestwardly therefrom.

SECTION 2.  This authorization is conditional upon compliance with the following requirements within two (2) years from the date this Ordinance becomes law:

1. The filing of an agreement, satisfactory to the City Solicitor, by the owner(s) 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; in lieu thereof, only after the party in interest has demonstrated best efforts to obtain such agreements and such efforts are unsuccessful, the party in interest shall file an agreement and a bond, with corporate surety, satisfactory to the City Solicitor or an irrevocable letter of credit satisfactory to the City Solicitor, to release the City as aforesaid.
2. The filing of an agreement, satisfactory to the City Solicitor, by the party in interest, to release, indemnify, and defend the City from all damages or claims for damages that may arise by reason of the City Plan changes authorized herein.
3. The party requesting changes to the City Plan hereunder shall pay into the City Treasury, as reimbursement to the City, the appraised value of the legally open portion of the bed of Pennway Street being stricken from the City Plan under authority of Section 1 of this Ordinance.
4. 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 3.  The provisions of The Philadelphia Code, Section 14-708(5)(g), relating to dead end streets, shall not apply to Pennway Street as affected 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 one hundred and twenty (120) days after this Ordinance becomes law.

End