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File #: 040561    Version: 0 Name:
Type: Bill Status: ENACTED
File created: 5/20/2004 In control: Committee on Streets and Services
On agenda: Final action: 6/21/2004
Title: Authorizing the revision of lines and grades of an area of City Plan No. 178 bounded by Olney Avenue, Belfield Avenue, Ogontz Avenue and Wister Street.
Sponsors: Councilmember Miller
Indexes: CITY PLAN, REVISION
Attachments: 1. CertifiedCopy04056100.pdf
Title
Authorizing the revision of lines and grades of an area of City Plan No. 178 bounded by Olney Avenue, Belfield Avenue, Ogontz Avenue and Wister Street.
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. 178 by:

(a) Relocating the westerly curbline of 20th Street from Olney Avenue to Belfield Avenue, 18 feet and a variable distance eastwardly.
(b) Relocating a 40 feet long portion of the easterly curb line of 20th Street between Olney Avenue to Belfield Avenue 8 feet and a variable distance westwardly.
(c) Relocating the westerly houseline of 20th Street from Olney Avenue to Belfield Avenue 10 feet eastwardly.
(d) Reserving and placing on the City Plan a certain 10 feet wide right-of-way for existing utilities.

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 party requesting changes to the City Plan hereunder shall file an agreement or agreements, satisfactory to the Law Department, executed by all owners of property affected by this Ordinance, to release the City from all damages and claims for damages that may arise by reason of such City Plan changes. If such requesting party has demonstrated to the satisfaction of the City that it has diligently pursued, but was unsuccessful in obtaining the execution of any such agreements, such party shall file agreements and bond with corporate surety, satisfactory to the Law Department, to release and indemnify the City for all such damages and claims for damages.
(b) The party requesting changes to the City Plan hereunder shall file an agreement, satisfactory to the Law Department, to release, indemnify and defend the City from all damages or claims for damages, which may arise by reason of such City Plan changes.
(c) The party requesting changes to the City Plan hereunder shall file an agreement, satisfactory to the Law Department, 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 on the City Plan changes authorized by this Ordinance.
(d) The party requesting changes to the City Plan hereunder shall file a bond, with corporate surety, satisfactory to the Law Department, to cover the cost of work required under Section 2(c).
(e) The party requesting changes to the City Plan hereunder shall pay the cost of advertising the public hearing by the Board of Surveyors on the City Plan changes authorized by this Ordinance.
(f) The party requesting changes to the City Plan hereunder shall pay to the City the appraised value of that 10 feet wide portion of the bed of 20th Street being stricken from the City Plan and vacated under authority of this Ordinance.
(g) Reserving and placing on the City Plan a right-of-way for water, sewer, gas main, or other utilities if currently occupying the aforementioned portion of 20th Street being stricken from the City Plan and vacated under authority of this Ordinance.

SECTION 3. 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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