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Authorizing Thomas Jefferson University, Suite 2100, 130 S. 9th Street, Philadelphia, PA 19107, its successors and assigns, to construct, own and maintain an underground pneumatic conduit ductbank connecting two hospital campus buildings in the vicinity of 10th and Chestnut Streets, under certain terms and conditions.
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WHEREAS, Thomas Jefferson University is the owner of properties located in the vicinity of 10th and Chestnut Streets, Philadelphia, PA, namely, hospital campus buildings 1000-32 Chestnut Street and 925 Chestnut Street; and
WHEREAS, Thomas Jefferson University has requested permission to construct, own and maintain an underground pneumatic conduit ductbank connecting two hospital campus buildings in the vicinity of 10th and Chestnut Streets; now, therefore,
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Thomas Jefferson University, its successors and assigns, is hereby authorized to construct, own and maintain the following structures:
A ductbank in the vicinity of 10th and Chestnut Streets. The ductbank consists of two (2) steel pneumatic tube conduits and two (2) spare PVC conduits for future use. The underground ductbank will connect hospital campus buildings 1000-32 Chestnut Street (southwest corner) and 925 Chestnut Street (northeast corner).
The encroachment description, which locates the centerline of the proposed ductbank, is as follows:
Starting within the property of 925 Chestnut Street, located on the northeast corner of S. 10th & Chestnut Streets, approximately thirty-one feet (31') east of the east curbline of S. 10th Street and approximately sixteen feet (16') north of the north curbline of Chestnut Street, the ductbank consists of two (2) eight inch (8") diameter steel pneumatic tube conduits, and two (2) spare four inch (4") diameter PVC conduits for future use. The ductbank proceeds south beneath the north sidewalk, roadway and into the south footway of Chestnut Street for approximately fifty-six feet (56') to a point located thirty-one feet (31') east of the east curbline of S. 10th Street approximately twelve feet (12') south of the south curbline of Chestnut Street. The ductbank proceeds west beneath the south sidewalk of Chestnut Street, into the sidewalks and roadway of S. 10th Street and into the south sidewalk of Chestnut Street for approximately eighty-two feet (82') to a point located approximately twenty-five feet (25') west of the west curbline of S. 10th Street and approximately twelve feet (12') south of the south curbline of Chestnut Street. The ductbank proceeds south beneath the south sidewalk of Chestnut Street for approximately four feet (4') and enters the building 1000-32 Chestnut Street at a point located approximately twenty-five feet (25') west of the west curbline of S. 10th Street and approximately sixteen feet (16') south of the south curbline of Chestnut Street. The depth of the conduit is a minimum of three feet (3') below grade.
SECTION 2. The construction, use and maintenance of the underground pneumatic conduit ductbank listed in Section 1 shall be in accordance with the laws, rules and regulations of the City of Philadelphia, and specifically those of the Department of Licenses and Inspections and the Department of Streets.
SECTION 3. Before exercising any rights or privileges under this Ordinance, Thomas Jefferson University must first obtain or have their contractor(s) obtain all required permits, licenses and approvals from all appropriate departments, boards, agencies or commissions. No such department, board, agency or commission shall be required to issue any such permit, license or approval solely because this Ordinance has been enacted, it being the express intent of this Ordinance not to supersede any other provision of law governing the issuance of such permits, licenses or approvals. In addition, before exercising any rights and privileges under this Ordinance, Thomas Jefferson University shall enter into an agreement (“Agreement”) with the appropriate City department or departments, in a form satisfactory to the Law Department, to provide that Thomas Jefferson University shall, inter alia:
(a) agree that upon one hundred and eighty (180) days notice from the City, it shall remove the underground pneumatic conduit ductbank without cost or expense to the City and shall restore the cartway and footways of 10th and Chestnut Streets at no cost and expense to the City of Philadelphia when given written notice to do so by the City of Philadelphia to accommodate a municipal or municipal sponsored construction project;
(b) furnish the City with either a bond with corporate surety in an amount required by the Department of Streets and in a form satisfactory to the Law Department to insure the compliance with all the terms and conditions of this Ordinance and the Agreement, and to protect and indemnify the City from and against all damages or claims for damages which may arise directly or indirectly as a result of the construction, maintenance or use of the underground pneumatic conduit ductbank or its removal, or in lieu thereof, submit documentation in a form and content acceptable to the City that Thomas Jefferson University self-assumes liabilities and obligations normally covered by Surety Bond;
(c) secure all necessary permits, licenses and approvals from all appropriate departments, agencies, boards or commissions of the City as may be required by regulation or law. No such department, board, agency or commission shall be required to issue any such permit, license or approval solely because this Ordinance has been enacted;
(d) assume the costs of all changes and adjustments to, and relocation or abandonment of City utilities and City structures wherever located as may be necessary by the reason of the construction of the underground pneumatic conduit ductbank;
(e) carry public liability and property damage insurance, co-naming the City of Philadelphia as an insured party, in such amounts as shall be satisfactory to the Law Department, or in lieu thereof, submit documentation in form and content acceptable to the City that Thomas Jefferson University is self insured and is providing the City of Philadelphia the same coverage and benefits had the insurance requirements been satisfied by an insurance carrier authorized to do business in the Commonwealth of Pennsylvania;
(f) insure that all construction contractors for the underground pneumatic conduit ductbank carry public liability and property damage insurance, naming the City of Philadelphia as an insured party in such amounts as shall be reasonably satisfactory to the Law Department;
(g) give the City and all public utility companies the right of access, ingress and egress for the purpose of inspection, maintenance, alteration, relocation or reconstruction of any of their respective facilities which may lie within the public right-of-way of 10th and Chestnut Streets.
SECTION 4. The Law Department shall include in the Agreement such other terms and conditions as shall be deemed necessary to protect the interests of the City.
SECTION 5. The permission granted to Thomas Jefferson University to construct, own and maintain the underground pneumatic conduit ductbank described in Section 1 shall expire without any further action by the City of Philadelphia if Thomas Jefferson University has not entered into an Agreement and satisfied all requirements of the Agreement that are listed in Section 3 of this Ordinance within one (1) year after this Ordinance becomes law.
SECTION 6. This Ordinance shall not become effective unless the sum of two hundred dollars ($200.00), toward the costs thereof, is paid into the City Treasury within sixty (60) days after this Ordinance becomes law.
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