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File #: 150228    Version: 0 Name:
Type: Resolution Status: LAPSED
File created: 3/19/2015 In control: Committee on Law and Government
On agenda: Final action:
Title: Proposing an amendment to The Philadelphia Home Rule Charter to extend the functions of the Department of Streets by amending "Section 5-500" of "ARTICLE V - EXECUTIVE AND ADMINISTRATIVE BRANCH - POWERS AND DUTIES Managing Director and Departments, Boards and Commissions under his Supervision" "CHAPTER 5 - DEPARTMENT OF STREETS AND ITS DEPARTMENTAL BOARD," to impose an obligation on the Department of Streets for streets not owned, controlled, or operated by the City to cause the owner to remediate streets that pose peril to persons or property or to itself remediate the peril to persons or property and to recover the costs of doing so from the owners; and providing for the submission of the amendment to the electors of Philadelphia.
Sponsors: Councilmember Oh
Attachments: 1. Resolution No. 15022800.pdf
Title
Proposing an amendment to The Philadelphia Home Rule Charter to extend the functions of the Department of Streets by amending "Section 5-500" of "ARTICLE V - EXECUTIVE AND ADMINISTRATIVE BRANCH - POWERS AND DUTIES Managing Director and Departments, Boards and Commissions under his Supervision" "CHAPTER 5 - DEPARTMENT OF STREETS AND ITS DEPARTMENTAL BOARD," to impose an obligation on the Department of Streets for streets not owned, controlled, or operated by the City to cause the owner to remediate streets that pose peril to persons or property or to itself remediate the peril to persons or property and to recover the costs of doing so from the owners; and providing for the submission of the amendment to the electors of Philadelphia.

Body
WHEREAS, Deteriorating bridges and other structures not owned by the City of Philadelphia are increasingly posing peril to persons or property; and

WHEREAS, Non-City owners of deteriorating bridges and other structures are not accepting responsibility for remediating the resulting peril posed to persons and property; and

WHEREAS, As a matter of public safety, it behooves the City to take action to have the owner remediate the peril posed to persons and property by deteriorating bridges and other structures not owned by the City of Philadelphia or to do the remediation itself and recover the costs thereof; and

WHEREAS, Under Section 6 of the First Class City Home Rule Act (53 P.S. ยง13106), an amendment to the Philadelphia Home Rule Charter may be proposed by a resolution of the Council of The City of Philadelphia adopted with the concurrence of two-thirds of its elected members; now, therefore,

RESOLVED, BY THE COUNCIL OF THE CITY OF PHILADELPHIA, That the following amendment to the Philadelphia Home Rule Charter is hereby proposed and shall be submitted to the electors of the City on an election date designated by ordinance:

ARTICLE V
EXECUTIVE AND ADMINISTRATIVE BRANCH - POWERS AND DUTIES
Managing ...

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