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File #: 170510    Version: 0 Name:
Type: Bill Status: ENACTED
File created: 5/18/2017 In control: Committee on Streets and Services
On agenda: Final action: 6/15/2017
Title: Authorizing the revision of lines and grades on a portion of City Plan No. 311 by striking from the City Plan and vacating the legally open portions of Westview Street from Springbank Street to Hortter Street and reserving and placing on the City Plan a right of way for sewer and drainage purposes and water main purposes within the lines of Westview Street being stricken, under certain terms and conditions.
Sponsors: Councilmember Jones
Indexes: CITY PLAN, STRIKE FROM & VACATE
Attachments: 1. CertifiedCopy17051000.pdf
Date Ver.Action ByActionResultTallyAction DetailsVideo
7/11/20170 MAYOR SIGNED   Action details Not available
6/15/20170 CITY COUNCIL READ AND PASSEDPass17:0 Action details Not available
6/8/20170 CITY COUNCIL ORDERED PLACED ON THIS DAY`S FIRST READING CALENDAR   Action details Not available
6/8/20170 CITY COUNCIL SUSPEND THE RULES OF THE COUNCILPass  Action details Not available
6/8/20170 CITY COUNCIL READ AND ORDERED PLACED ON NEXT WEEK'S SECOND READING CALENDAR   Action details Not available
6/6/20170 Committee on Streets and Services HEARING NOTICES SENT   Action details Not available
6/6/20170 Committee on Streets and Services HEARING HELD   Action details Not available
6/6/20170 Committee on Streets and Services REPORTED FAVORABLY, RULE SUSPENSION REQUESTED   Action details Not available
5/18/20170 CITY COUNCIL Introduced and ReferredPass  Action details Not available
Title
Authorizing the revision of lines and grades on a portion of City Plan No. 311 by striking from the City Plan and vacating the legally open portions of Westview Street from Springbank Street to Hortter Street and reserving and placing on the City Plan a right of way for sewer and drainage purposes and water main purposes within the lines of Westview Street being stricken, 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. 311 by:
a) Striking from the City Plan and vacating the legally open portions of Westview Street from Springbank Street to Hortter Street.
b) Reserving and placing on the City Plan a right of way for sewer and drainage purposes and water main purposes within the lines of Westview Street being stricken.

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(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.
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, satisfactory to the City Solicitor, by the owner(s) of property affected thereby, granting to the City the aforesaid right of way for sewer and drainage purposes and water main purposes authorized in Section 1(b) 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 right of way or abutting thereon, unless the plans for such structures shall first be submitted to and approved by the Water Department. 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 for the purpose of construction, reconstruction, maintenance, alterations, repairs, and inspection of present and future facilities and structures.
d) 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 right of way for sewer and drainage purposes and water main purposes authorized in Section 1(b) 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 Ordinance becomes law.

End