City of Philadelphia - File #: 080429

• File #: 080429
• Version: 0
• Type: Bill
• Status: ENACTED
• File created: 5/1/2008
• In control: Committee on Streets and Services
• Final action: 6/19/2008
• Title: Authorizing and directing the revision of lines and grades on a portion of City Plan No. 129 by striking from the City Plan and vacating the legally open portions of Twenty-Third Street from Allegheny Avenue northwardly to its terminus at the southwesterly right-of-way line of the Norristown Branch of the Philadelphia, Germantown, and Norristown Railroad, under certain terms and conditions.
• Sponsors: Councilmember Miller, Councilmember Tasco
• Indexes: CITY PLAN, STRIKE FROM & VACATE

Date	Ver.	Action By	Action	Result	Tally
7/2/2008	0	MAYOR	SIGNED
6/19/2008	0	CITY COUNCIL	READ
6/19/2008	0	CITY COUNCIL	PASSED	Pass	17:0
6/12/2008	0	CITY COUNCIL	ORDERED PLACED ON THIS DAY`S FIRST READING CALENDAR
6/12/2008	0	CITY COUNCIL	SUSPEND THE RULES OF THE COUNCIL	Pass
6/12/2008	0	CITY COUNCIL	ORDERED PLACED ON NEXT WEEK`S SECOND READING CALENDAR
6/5/2008	0	Committee on Streets and Services	HEARING NOTICES SENT
6/5/2008	0	Committee on Streets and Services	REPORTED FAVORABLY, RULE SUSPENSION REQUESTED
6/5/2008	0	Committee on Streets and Services	HEARING HELD
5/1/2008	0	CITY COUNCIL	Referred
5/1/2008	0	CITY COUNCIL	Introduced	Pass

Title
Authorizing and directing the revision of lines and grades on a portion of City Plan No. 129 by striking from the City Plan and vacating the legally open portions of Twenty-Third Street from Allegheny Avenue northwardly to its terminus at the southwesterly right-of-way line of the Norristown Branch of the Philadelphia, Germantown, and Norristown Railroad, 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. 129 by striking from the City Plan and vacating the legally open portions of Twenty-Third Street from Allegheny Avenue northwardly to its terminus at the southwesterly right-of-way line of the Norristown Branch of the Philadelphia, Germantown, and Norristown Railroad.

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 City Solicitor, 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; 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 indemnify the City as aforesaid.
(b) 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.
(c) The filing of an agreement, satisf...