City of Philadelphia - File #: 140414

• File #: 140414
• Version: 0
• Type: Bill
• Status: LAPSED
• File created: 5/8/2014
• In control: Committee on Streets and Services
• Title: Amending Bill No. 130726, approved December 4, 2013, entitled "An Ordinance authorizing the revision of lines and grades on a portion of City Plan Nos. 71 and 238 by striking from the City Plan and vacating Swanson Street from Catharine Street to its terminus northwardly therefrom, striking from the City Plan and vacating Fitzwater Street from Christopher Columbus Boulevard to its terminus westwardly therefrom, reserving and placing on the City Plan a right-of-way for sewer and drainage purposes and water main purposes within the lines of Swanson Street being stricken, placing on the City Plan a right-of-way for sewer and drainage purposes and public utility purposes extending from the terminus of Catharine Street, west of Swanson Street, to the easterly right-of-way line of the Delaware Expressway, and relocating the easterly right-of-way line of the Delaware Expressway, from Catharine Street to a point north of Fitzwater Street, in order to conform with the lines established by the ...
• Sponsors: Councilmember Squilla
• Indexes: CITY PLAN, STRIKE FROM & VACATE

Date	Ver.	Action By	Action	Result	Tally
6/11/2014	0	Committee on Streets and Services	HEARING NOTICES SENT
6/11/2014	0	Committee on Streets and Services	RECESSED
5/8/2014	0	CITY COUNCIL	Introduced and Referred	Pass

Title

Amending  Bill No. 130726, approved December 4, 2013, entitled “An Ordinance authorizing the revision of lines and grades on a portion of City Plan Nos. 71 and 238 by striking from the City Plan and vacating Swanson Street from Catharine Street to its terminus northwardly therefrom, striking from the City Plan and vacating Fitzwater Street from Christopher Columbus Boulevard to its terminus westwardly therefrom, reserving and placing on the City Plan a right-of-way for sewer and drainage purposes and water main purposes within the lines of Swanson Street being stricken, placing on the City Plan a right-of-way for sewer and drainage purposes and public utility purposes extending from the terminus of Catharine Street, west of Swanson Street, to the easterly right-of-way line of the Delaware Expressway, and relocating the easterly right-of-way line of the Delaware Expressway, from Catharine Street to a point north of Fitzwater Street, in order to conform with the lines established by the Commonwealth of Pennsylvania, all under certain terms and conditions,” to direct such changes and make other revisions, all under certain terms and conditions.

Body

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

Section A.   Bill No. 130726, approved December 4, 2013, is hereby amended as follows (additions in Bold; deletions in Strikethrough):

SECTION 1.  Pursuant to Section 11-403 of The Philadelphia Code, the Board of Surveyors of the Department of Streets is hereby authorized and directed, subject to the approval of the Philadelphia City Planning Commission pursuant to Section 4-603 of the Home Rule Charter, to revise the lines and grades on a portion of City Plan Nos. 71 and 238 by:

1. Striking from the City Plan and vacating Swanson Street from Catharine Street to its terminus approximately onefortyfeet northwardly therefrom.

1. Striking from the City Plan and vacating Fitzwater Street from Christopher Columbus Boulevard to its terminus approximately onethirtyfeet westwardly therefrom.

1. Reserving and placing on the City Plan a right-of-way for sewer and drainage purposes and water main purposes within the lines of Swanson Street being stricken.

1. Placing on the City Plan a fifty feet wide right-of-way for sewer and drainage purposes and public utility purposes extending from the terminus of Catharine Street, approximately thirtyfeet west of Swanson Street, westwardly to the easterly right-of-way line of the Delaware Expressway.

1. Relocating the easterly right-of-way line of the Delaware Expressway, from the southerly side of Catharine Street to a point approximately onehundred nineteen feet north of the north side of Fitzwater Street in order to conform with the lines established by the Commonwealth of Pennsylvania.

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 filing of an agreement, satisfactory to the City Solicitor, 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, 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 the 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.
4. The filing of an agreement, satisfactory to the City Solicitor, by the party in interest, to make any and all changes and adjustments to any public utility facilities which may be necessary in the judgment of PGW, PECO, Verizon, or any other public utility which maintains facilities within the areas being stricken.  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.

1. The party in interest shall file a bond, with corporate surety, satisfactory to the City Solicitor or an irrevocable letter of credit satisfactory to the City Solicitor, in an amount satisfactory to the Department of Streets and the Water Department, to cover the cost of the work required under Section 2(c) herein.

1. The filing of an agreement, satisfactory to the City Solicitor, by the owner(s) of property affected thereby, granting to the City the aforesaid rights-of-way for sewer and drainage purposes, water main purposes, and public utility purposes authorized in Sections 1(c) and 1(d) of this Ordinance.  The agreement shall provide that no changes in grades shall be made and that no fences, buildings, or other structures, either overhead, underground, or upon the surface, shall be constructed within the lines of the rights-of-way or abutting thereon, unless the plans for such structures shall first be submitted to and approved by the Water Department and any other public utility which maintains facilities within the said rights-of-way.  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 and any public utility which maintains facilities within the said rights-of-way for the purpose of construction, reconstruction, maintenance, alterations, repairs, and inspection of present and future facilities and structures.

1. Notwithstanding any provision of Section 11-403 of The Philadelphia Code to the contrary, The the party requesting changes to the City Plan hereunder shall not be required to pay into the City Treasury, as reimbursement to the City, the appraised value of the bed of Fitzwater Street being stricken from the City Plan under authority of Section 1(b) of this Ordinance.

1. 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 Streets Commissioner, on behalf of the City of Philadelphia, is hereby authorized to accept the grant to the City of the aforesaid rights-of-way for sewer and drainage purposes, water main purposes, and public utility purposes authorized in Sections 1(c) and 1(d) herein.

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 amended Ordinance becomes law.

End