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BillENACTED

Bill 070871

Authorizing Rimas Properties to construct, own and maintain, a raised entrance plaza encroachment at 1352 South Street, under certain terms and conditions.

Introduced Oct 18, 2007Committee on Streets and ServicesOfficial record: City of Philadelphia via Legistar

Introduced by

Councilmember DiCicco

From the floor

Passages in the official transcripts that cite this file number. Every quote links to its exact place in the record.

  1. Aye. The ayes are 15; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 070871.

    Council President Verna · Stated Meeting, November 15, 2007 · Nov 15, 2007 · official transcript, this passage

  2. 070824, entitled, "An ordinance granting permission to Rekha Patel, owner and operator of the newsstand located on the southeast corner of Juniper and Market Street"; and Bill No. 070826, entitled "An ordinance granting permission to Surenvra Shah, owner and operator of the newsstand located on the southeast corner of 19th and Market Street"; and Bill No. 070866, entitled "An ordinance amending Section 9-205 by prohi…

    Chief Clerk · Stated Meeting, November 1, 2007 · Nov 1, 2007 · official transcript, this passage

Status timeline

  1. Oct 18, 2007Introduced · CITY COUNCIL
  2. Oct 18, 2007Referred · CITY COUNCIL
  3. Oct 31, 2007HEARING NOTICES SENT · Committee on Streets and Services
  4. Oct 31, 2007REPORTED FAVORABLY, RULE SUSPENSION REQUESTED · Committee on Streets and Services
  5. Oct 31, 2007HEARING HELD · Committee on Streets and Services
  6. Nov 1, 2007ORDERED PLACED ON THIS DAY`S FIRST READING CALENDAR · CITY COUNCIL
  7. Nov 1, 2007SUSPEND THE RULES OF THE COUNCIL · CITY COUNCIL
  8. Nov 1, 2007ORDERED PLACED ON NEXT WEEK`S SECOND READING CALENDAR · CITY COUNCIL
  9. Nov 15, 2007READ · CITY COUNCIL
  10. Nov 15, 2007PASSED · CITY COUNCIL
  11. Nov 29, 2007SIGNED · MAYOR

Official documents

Documents open on the City of Philadelphia’s legislative site.

Full text

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..Title Authorizing Rimas Properties to construct, own and maintain, a raised entrance plaza encroachment at 1352 South Street, under certain terms and conditions. ..Body THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS: SECTION 1. Permission is hereby granted to Rimas Properties, to construct, own and maintain a raised entrance plaza at 1352 South Street. The raised entrance plaza, located on the south public sidewalk of South Street, will provide ingress & egress to six (6) retail tenant spaces as well as ADA accessibility. The raised entrance plaza is approximately two hundred feet (200'-0") in length and encroaches approximately five feet (5'-0") onto the south public sidewalk of South Street leaving six feet six inches (6'-6") of clear footway. The raised entrance plaza will include two (2) accessibility ramps and two (2) entrance steps. The placement of tables and/or chairs on the raised entrance plaza for the purposes of a sidewalk café or accessory seating is prohibited. SECTION 2. The construction, use and maintenance of the raised entrance plaza described and listed in Section 1 shall be in accordance with the laws, rules and regulations of the City of Philadelphia, and specifically those of the Department of Licenses and Inspections and the Department of Streets, provided that the Department of Streets, in its sole, unreviewable discretion, may allow minor variations of the dimension limits of Section 1, within standard tolerances of current engineering practice. SECTION 3. Before exercising any rights or privileges under this Ordinance, Rimas Properties must first obtain or have their contractor(s) obtain all required permits, licenses and approvals from all appropriate departments, boards, agencies or commissions. No such department, board, agency or commission shall be required to issue any such permit, license or approval solely because this Ordinance has been enacted, it being the express intent of this Ordinance not to supersede any other provision of law governing the issuance of such permits, licenses or approvals. In addition, before exercising any rights and privileges under this Ordinance, Rimas Properties shall enter into an agreement ("Agreement") with the appropriate City department or departments, satisfactory to the City Solicitor, to provide that Rimas Properties inter alia: (a) agree that upon one hundred and eighty (180) days notice from the City, it shall remove the raised entrance plaza without cost or expense to the City and shall remove the raised entrance plaza at no cost and expense to the City of Philadelphia when given written notice to do so by the City of Philadelphia to accommodate a municipal or municipal sponsored construction project; (b) furnish the City with either a bond with corporate surety in an amount required by the Department of Streets and in a form satisfactory to the City Solicitor to insure the compliance with all the terms and conditions of this Ordinance and the Agreement, and to protect and indemnify the City from and against all damages or claims for damages which may arise directly or indirectly as a result of the construction, maintenance or use of the raised entrance plaza or its removal, or in lieu thereof, submit documentation in a form and content acceptable to the City that Rimas Properties self-assumes liabilities and obligations normally covered by Surety Bond; (c) secure all necessary permits, licenses and approvals from all appropriate departments, agencies, boards or commissions of the City as may be required by regulation or law. No such department, board, agency or commission shall be required to issue any such permit, license or approval solely because this Ordinance has been enacted; (d) assume the costs of all changes and adjustments to, and relocation or abandonment of City utilities and City structures wherever located as may be necessary by the reason of the construction of the raised entrance plaza; (e) carry public liability and property damage insurance, co-naming the City of Philadelphia as an insured party, in such amounts as shall be satisfactory to the City Solicitor, or in lieu thereof, submit documentation in form and content acceptable to the City that Rimas Properties is self-insured and is providing the City of Philadelphia the same coverage and benefits had the insurance requirements been satisfied by an insurance carrier authorized to do business in the Commonwealth of Pennsylvania; (f) insure that all construction contractors for the raised entrance plaza carry public liability and property damage insurance, naming the City of Philadelphia as an insured party in such amounts as shall be reasonably satisfactory to the City Solicitor; and (g) give the City and all public utility companies the right of access, ingress and egress for the purpose of inspection, maintenance, alteration, relocation or reconstruction of any of their respective facilities which may lie within the public right-of-way of any affected streets. SECTION 4. The City Solicitor shall include in the Agreement such other terms and conditions as shall be deemed necessary to protect the interests of the City. SECTION 5. The permission granted to Rimas Properties to construct, own and maintain the raised entrance plaza described in Section 1 shall expire without any further action by the City of Philadelphia if Rimas Properties have not entered into an Agreement and satisfied all requirements of the Agreement that are listed in Section 3 of this Ordinance within one (1) year after this Ordinance becomes law. SECTION 6. This Ordinance shall not become effective unless the sum of two hundred dollars ($200), toward costs thereof, is paid into the City Treasury within sixty (60) days after the date this Ordinance becomes law. ..End