Bill 080630

..Title Authorizing the revision of lines and grades on a portion of City Plan No. 197 by placing on the City Plan an extension of Ontario Street from its existing terminus at the northwesterly side of the right-of-way of the Philadelphia Belt Line Railroad southeastwardly to Delaware Avenue; the dedication of the bed of the extended portion of Ontario Street to the City; and the striking from the City Plan of a certain right-of-way reserved for drainage purposes laying within the lines of the proposed extension of Ontario Street; all under certain terms and conditions. ..Body THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS: SECTION 1. Pursuant to Section 11-402 and 11-404 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. 197 by: (a) Placing on the City Plan an extension of Ontario Street from the existing terminus of Ontario Street at the northwesterly side of the right-of-way of the Philadelphia Belt Line Railroad, approximately five-hundred seven feet southeast of Casper Street, southeastwardly approximately one-hundred forty feet to Delaware Avenue. (b) Striking from the City Plan a certain sixty foot wide right-of-way reserved for drainage purposes laying within the lines of Ontario Street as proposed to be placed on the City Plan by authority of Section 1(a) herein. 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 or owners 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 locate any owner or owners of property affected and has been unable to do so, 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 indemnify 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 party in interest, 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 the 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 of the City Plan changes authorized by this Ordinance. (d) The party in interest shall file a bond, with corporate surety, satisfactory to the City Solicitor or an irrevocable letter of credit satisfactory to the City Solicitor, in an amount satisfactory to the Department of Streets and the Water Department, to cover the cost of the work required under Section 2(c) herein. (e) The party requesting changes to the City Plan hereunder shall furnish evidence, satisfactory to the City Solicitor, that an application for the establishment and construction of the proposed at-grade crossing of the tracks of the Philadelphia Beltline Railroad by the extension of Ontario Street, as proposed to be placed on the City Plan, has been filed with and approved by the Pennsylvania Public Utility Commission. (f) The dedication to the City, without cost and free and clear of all encumbrances, excepting the existing right-of-way of the Philadelphia Beltline Railroad, of the bed of the extension of Ontario Street as proposed to be placed on the City Plan by authority of Section 1(a) herein. (g) 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. 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