Bill 000121

..Title Granting permission to Cavalier Telephone Mid-Atlantic, LLC, its successors and assigns to construct, maintain and operate, replace, and remove a telecommunications system along, over, in and under the public rights-of-way and City streets and/or to place such telecommunications system on or within the existing facilities owned by Bell Atlantic-PA, PECO Energy Company, Southeastern Pennsylvania Transportation Authority, CSX Corporation, Norfolk Southern, Consolidated Rail Corporation Shared Assets or other entity holding a grant pursuant to other City Ordinances; all under certain terms and conditions. ..Body THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS: SECTION 1. Permission is hereby granted to Cavalier Telephone Mid-Atlantic, LLC, (hereinafter "Cavalier") and its successors, assigns, and agents, to construct, maintain, operate, replace, and remove a telecommunications system and appurtenances along, in and under the public rights-of-way of the City of Philadelphia and on or within the existing facilities owned by Bell Atlantic-PA, PECO Energy Company, Southeastern Pennsylvania Transportation Authority, CSX Corporation, Norfolk Southern, Consolidated Rail Corporation Shared Assets or other entity holding a grant pursuant to other City ordinances, subject to such owner's consent; and to construct, lay, operate, maintain, replace and remove new telecommunications cables, conduits, access manholes and associated appurtenances (collectively, the "Telecommunications System") to create a system used to transmit, receive and distribute telecommunications (provided that Cavalier is not authorized by this Ordinance to provide to subscribers within the City "cable service", as that term is defined at 47 U.S.C. section 522(5), as amended). (a) Cavalier is authorized to attach aerial facilities to authorized existing utility poles owned by Bell Atlantic-PA Inc. and or PECO Energy Company in and along the following public rights-of-way subject to the utility pole owner's permission: 5th street: From Diamond street to Brown street 8th street: From Brown street to Callowhill street 12th street: From Lakeside avenue to 69th avenue 13th street: From 69th avenue to 65th avenue 16th street: From Dauphin street to Jefferson street 16th street: From Master street to Carlton street 17th street: From Godfrey avenue to Church lane 17th street: From South street to Snyder avenue 17th street: From Jefferson street to Master street 18th street: From Chelten avenue to Godfrey avenue 25th street: From Allegheny avenue to Indiana avenue 26th street: From Indiana avenue to Dauphin street 28th street: From Oakford street to Snyder avenue 42nd street: From Ludlow street to Fairmount avenue 44th street: From Fairmount avenue to Parrish street 46th street: From Parrish street to Lancaster avenue 49th street: From Kingsessing avenue to Paschall avenue 51st street: From Warren street to Girard avenue 52nd street: From Lancaster avenue to Warren street 53rd street: From Jefferson street to Parkside avenue 54th street: From Woodland avenue to Kingsessing avenue 55th street: From Girard avenue to Vine street 56th street: From Vine street to Market street 56th street: From Ludlow street to Pine street 56th street: From Kingsessing avenue to Woodland avenue 59th street: From Pine street to Christian street 60th street: From Christian street to Baltimore avenue 65th avenue: From 13th street to Old York road 65th street: From Greenway avenue to Kingsessing avenue 69th avenue: From 12th street to 13th street 70th avenue: From Cheltenham avenue to Lakeside avenue 70th street: From Regent avenue to Woodland avenue 84th street: From Lindbergh Boulevard to City of Philadelphia limits Adams avenue: From Wingohocking street to Church street Alburger avenue: From Welsh road to Verree road Allegheny avenue: From Fox street to 25th street Baltimore avenue: From 60th street to City of Philadelphia limits Bartram avenue: From Island avenue to 84th street Bells Mill road: From Germantown avenue to Ridge avenue Brown street: From 5th street to 8th street Bryn Mawr avenue: From Parkside avenue to City of Philadelphia limits Bustleton avenue: From Comly street to Robbins street Carlton street: From 16th street to 17th street Castor avenue: From Cayuga street to Wingohocking street Cayuga street: From O street to Castor avenue Charles street: From Tyson avenue to Wellington street Chelten avenue: From Old York road to 18th street Chelten avenue: From Magnolia street to Osceola street Cheltenham avenue: From Oak lane road to 70th avenue Chew avenue: From Tulpehocken street to Mount Airy avenue Christian street: From 59th street to 60th street Church lane: From 17th street to Magnolia street Church street: Adams avenue to Leiper street Clark street: Haldeman avenue to Lott avenue Comly street: From Saul street to Bustleton avenue Coral street: From Sergeant street to Abigail street Cottman avenue: From Oxford avenue to Central avenue Crispin street: From Wellington street to Solly avenue Dauphin street: From 26th street to 12th street Dauphin street: From 11th street to Hope street Diamond street: From Hope street to 5th street Dorchester street: From Waldemire Drive to Kipling lane Emerald street: From Sergeant street to Tioga street Erie avenue: From Kensington avenue to O street Fairmount avenue: From 42nd street to 44th street Foulkrod street: From Leiper street to Oakland street Fox street: From Queen lane to Allegheny avenue Frankford avenue: From Tioga street to Torresdale avenue Frankford avenue: From Solly avenue to Morrell avenue Frankford avenue: From Knights road to City of Philadelphia limits Germantown avenue: Bethlehem Pike to Bells Mill road Girard avenue: From 51st street to 55th street Godfrey avenue: From 18th street to 17th street Grant avenue: From Hilspach street to Welsh road Greene street: From Chelten avenue to Tulpehocken street Greenway avenue: From 70th street to 65th street Haldeman avenue: From Roosevelt Boulevard to Clark street Hawthorne street: From Robbins street to Tyson avenue Hilspach street: From Lott avenue to Grant avenue Indiana avenue: From 25th street to 26th street Island avenue: From Woodland avenue to Bartram avenue Jasper street: From Arizona street to Sergeant street Jefferson street: From 16th street to 17th street Jefferson street: From 52nd street to 53rd street Keswick road: From Morrell avenue to Red Lion road Kingsessing avenue: From 65th street to 56th street Kingsessing avenue: From 54th street to 49th street Kipling lane: From Dorchester road to Oakhill road Knights road: From Oakhill road to Frankford avenue Lakeside avenue: From 70th avenue to 12th street Lancaster avenue: From 46th street to 52nd street Leiper street: From Church street to Foulkrod street Lott avenue: From Clark street to Hilspach street Ludlow street: From 36th street to 42nd street Magnolia street: From Church lane to Chelten avenue Master street: From 17th street to 16th street Morrell avenue: From Frankford avenue to Keswick road O street: From Erie avenue to Cayuga street Oakford street: From 31st street to 28th street Oakhill road: From Kipling lane to Knights road Oakland street: From Foulkrod street to Wakeling street Old York road: From 65th avenue to Chelten avenue Oxford avenue: From Verree road to Cottman avenue Parkside avenue: From 53rd street to Bryn Mawr avenue Parrish street: From 44th street to 46th street Paschall street: From 49th street to Grays Ferry avenue Pine street: From 56th street to 59th street Queen lane: From Wissahickon avenue to Fox street Red Lion road: From Keswick road to Waldemire Drive Ridge avenue: From Bells Mill road to City of Philadelphia limits Robbins street: From Bustleton avenue to Hawthorne street Saul street: From Wakeling street to Comly street School House lane: From Germantown avenue to Wissahickon avenue Sergeant street: From Jasper street to Coral street Snyder avenue: From 28th street to Passyunk avenue Solly avenue: From Crispin street to Frankford avenue Tioga street: From Emerald street to Frankford avenue Torresdale avenue: From Frankford avenue to Kensington avenue Tulpehocken street: From Greene street to Chew avenue Tyson avenue: From Hawthorne street to Charles street Verree road: From Alburger avenue to Oxford avenue Vine street: From 55th street to 56th street Wakeling street: From Oakland street to Saul street Waldemire Drive: From Red Lion road to Dorchester road Warren street: From 52nd street to 51st street Wellington street: From Charles street to Crispin street Welsh road: From Grant avenue to Alburger avenue Wingohocking street: From Castor avenue to Adams avenue Wissahickon avenue: From School House lane to Queen lane Woodland avenue: From 70th street to Island avenue Woodland avenue: From 56th street to 54th street (b) Cavalier is authorized to install facilities within existing underground ducts in the following public rights-of-way subject to permission of the duct owner: 9th street: From Callowhill street to Moravian street 17th street: From Moravian street to South street 17th street: From Carlton street to Arch street 22nd street: From Arch street to Market street 31st street: From Grays Ferry avenue to Oakford street 36th street: From Market street to Ludlow street 52nd street: From Lancaster avenue to Jefferson street 56th street: From Market street to Ludlow street Arch street: From 17th street to 22nd street Chelten avenue: From Osceola street to Greene street Coral street: From Abigail street to Front street Dauphin street: From 12th street to 11th street Dauphin street: From Hope street to Jasper street Diamond street: From Front street to Hope street Front street: From Coral street to Diamond street Germantown avenue: From Mount Airy avenue to Bethlehem pike Germantown avenue: From Chelten avenue to School House lane Grays Ferry avenue: From Paschall avenue to 31st street Jasper street: From Dauphin street to Arizona street Market street: From 22nd street to 36th street Moravian street: From 9th street to 17th street Mount Airy avenue: From Chew avenue to Germantown avenue Passyunk avenue: From Snyder avenue to Broad street Roosevelt Boulevard: From City of Philadelphia limits to Haldeman avenue (c) Cavalier is authorized to install new underground ducts and appurtenances in the following public rights-of-way: 70th street: From City of Philadelphia limits to Regent avenue 84th street: From Bartram avenue to Lindbergh Boulevard Callowhill street: From 8th street to 9th street The said Telecommunications System shall be constructed in accordance with the requirements and under the supervision of the Department of streets, without interference with any existing surface or subsurface structures, and shall be used by Cavalier and/or its successors and assigns exclusively for the purposes set forth in this Section and in accordance with all Ordinances of the City of Philadelphia and regulations of the Committee of Highway Supervisors governing the construction, maintenance, and operation of underground structures and the equipment, facilities and or appurtenances placed therein. The permission granted by this Ordinance is conditioned upon the approval of the Department of Streets as to construction and the installation of Cavalier's facilities at any location along the specified route and is not a guaranty that Cavalier's facilities can be placed at any particular location along that route. No City department, agency, board, or commission shall be required solely by virtue of this Ordinance to issue any permit, license, or approval that Cavalier must by law obtain prior to construction or occupancy of existing conduit in the public right-of-way. All telecommunication facilities within a railroad right-of-way that includes an alteration to a rail/highway crossing as that is defined under state law must have, in addition to the approvals set forth in this Ordinance, the appropriate approval of the Pennsylvania Public Utility Commission. SECTION 2. In the event that any portion of said Telecommunications System must be relocated to accommodate a public improvement or public facility, whether such improvement or facility is constructed by the City or other governmental entity itself or by contract, the Department of streets shall provide Cavalier with written notice, at least one hundred eighty (180) days prior to any required action of Cavalier to relocate said portion of the Telecommunications System. Within one hundred eighty (180) days of service of said notice upon Cavalier, Cavalier shall relocate said portion of the Telecommunications System and restore the roadway and footway disturbed by the relocation to the then existing condition, without expense to the City. In the event that Cavalier is required to remove any portion of the Telecommunications System at the request of the City, the Department of streets shall cooperate with Cavalier in order to identify a replacement and alternative right-of-way for the relocation of said portion of the Telecommunications System which may be utilized without unreasonable inconvenience. SECTION 3. Pursuant to subsection 11-204(5) of The Philadelphia Code, the permission granted by this Ordinance shall include permission to extend from the route described in Section 1 by no more than three (3) City blocks, said blocks to be demarcated by major City streets and not intervening pathways or alleyways. Before any such extensions are made, Cavalier shall first obtain the approval of the Department of Streets. This Section shall govern all deviations from the route approved in Section 1 including those which serve as replacement and alternative right-of-way in relocating Cavalier pursuant to Section 2 of this Ordinance. All deviations which extend more than three (3) City blocks from the approved route shall require additional authorization from City Council. SECTION 4. The permission granted to Cavalier to occupy the public right-of-way and City streets with its Telecommunications System shall be and is subject to the terms and conditions of this Ordinance, and other applicable ordinances of the City of Philadelphia, including, but not limited to, all Ordinances of general application currently in existence or hereafter enacted related to the right of occupancy and use in, under, over, along and across the streets, sidewalks, alleyways, easements and right-of-ways within the City of Philadelphia, and all applicable agreements, to the extent that such agreements are consistent with the terms and conditions of this Ordinance. SECTION 5. Before exercising any rights and privileges under this Ordinance, Cavalier shall enter into an agreement ("Agreement") with the appropriate City department or departments, in form satisfactory to the City Solicitor, to provide that Cavalier shall, inter alia: (a) furnish the City with a bond with corporate surety in an amount required by the Department of Streets and in form satisfactory to the City Solicitor to ensure the compliance with all the terms and conditions of this Ordinance and the Agreement and to protect and to indemnify the City from and against all damages or claims for damages which may arise directly as a result of the construction, maintenance, operation or removal of Cavalier's Telecommunications System; (b) secure all necessary permits, licenses and approvals from all appropriate departments, agencies, boards, or commissions of the City or other governmental entity as may be required by law; (c) assume the costs of all changes and adjustments to, and relocation and abandonment of, all utilities and structures wherever located as may be necessary by reason of the installation of Cavalier's Telecommunications System; (d) carry insurance protecting against liability for injury to persons or property of others, naming the City as an additional insured party in such amounts as shall be reasonably satisfactory to the City Solicitor; and (e) pay all charges, rents, franchise fees or other fees that the City of Philadelphia may now or in the future impose for a licensee's occupation of City property, streets and rights-of-way. SECTION 6. The City Solicitor shall include in the Agreement such other terms and provisions as shall be deemed necessary to protect the interest of the City. SECTION 7. The permission granted to Cavalier to construct, maintain and operate, replace and remove a telecommunication system along, over, in and under the public rights-of-way and City streets listed in Section 1 of this Ordinance shall expire without any further action by the City of Philadelphia if Cavalier has not entered into the Agreement as required by Section 5 within one (1) year after this Ordinance becomes law. SECTION 8. The permission granted to Cavalier and its successors, assigns, and agents for installation and or construction of the new facilities along the route identified in this Ordinance shall expire without any further action by the City of Philadelphia as to such portions not constructed two (2) years after the date this Ordinance becomes law unless Cavalier, its successors, assigns, and agents have substantially completed the construction of the new facilities authorized herein. A change in ownership of the assets of Cavalier does not, without express written permission of the City of Philadelphia, extend the time for substantially completing the construction of the new facilities authorized herein. SECTION 9. The City of Philadelphia reserves the right to charge a transfer fee for any agreement transferring the right of way license from one entity to another so as to insure that all costs incurred by the City of Philadelphia related to the transfer are reimbursed. The transferee must pay the City of Philadelphia's costs associated with such transfer within 30 days of the costs being submitted to the transferee or the transferee's authorized agent. SECTION 10. 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 sixty (60) days after this Ordinance becomes law.