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ResolutionADOPTEDCeremonial

Resolution 230311

Authorizing and ratifying Council President Clarke’s participation, on behalf of and as representative of City Council, in all proceedings relating to the decision of the Zoning Board of Adjustment with respect to 1600 East Berks Street.

Introduced Apr 20, 2023CITY COUNCILOfficial record: City of Philadelphia via Legistar

Introduced by

Council President ClarkeCouncilmember Jones

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From the floor

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  1. Thank you very much, Mr. Decker. That concludes our public comment session, and we will now move to our Calendar. On our Second Reading and Final Passage Calendar, Mr. Decker, please read the title of Resolution No. 230311. Hold on one second, Mr. Decker. The Chair recognizes Councilman O'Neill.

    Council President Clarke · Stated Meeting, April 27, 2023 · Apr 27, 2023 · official transcript, this passage

  2. Stated Meeting 48 4/27/2023 4/27/23 - STATED - 2ND READING Thank you, Councilman. And thank you. We stand with you. Please continue with the struggle. Thank you, and thank you for being here today. Mr. Decker, please read the title of Resolution No. 230311.

    Council President Clarke · Stated Meeting, April 27, 2023 · Apr 27, 2023 · official transcript, this passage

Status timeline

  1. Apr 20, 2023Introduced and Ordered Placed On Next Week's Final Passage Calendar · CITY COUNCIL
  2. Apr 27, 2023ADOPTED · CITY COUNCIL

Official documents

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

Full text

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..Title Authorizing and ratifying Council President Clarke's participation, on behalf of and as representative of City Council, in all proceedings relating to the decision of the Zoning Board of Adjustment with respect to 1600 East Berks Street. ..Body WHEREAS, Pursuant to Resolution No. 200064, Council President Darrell L. Clarke filed an appeal, on behalf of and as representative of City Council, of a decision of L&I to the Zoning Board of Adjustment with respect to 1600 East Berks Street; and WHEREAS, The Council President thereafter intervened, on behalf of and as representative of City Council, in an appeal of the Zoning Board's decision, docketed in the Court of Common Pleas of Philadelphia County at June Term, 2022, No. 01186; and WHEREAS, The Council President, on behalf of and as representative of City Council, thereafter filed an appeal to Commonwealth Court of the decision of the Court of Common Pleas; and WHEREAS, The owner of the property at 1600 East Berks Street has filed an Application to Quash said appeal, contending that the Council President did not have sufficiently specific authorization from Council to file such appeal; and WHEREAS, The Council had intended by Resolution No. 200064 to authorize the Council President to participate in all proceedings relating to the decision of the Zoning Board with respect to 1600 East Berks Street, including but not limited to filing the appeal to Commonwealth Court on its behalf; and WHEREAS, The Council wishes to reaffirm that prior authorization and, further, to ratify the Council President's authority to file the appeal on behalf of and as representative of the Council; now, therefore, be it RESOLVED, BY THE COUNCIL OF THE CITY OF PHILADELPHIA, That Council President Darrell L. Clarke had full authority to intervene in the appeal relating to 1600 East Berks Street, docketed in the Court of Common Pleas of Philadelphia County at June Term, 2022, No. 01186, and to file and prosecute an appeal from that decision, all on behalf of and as representative of this Council. FURTHER RESOLVED, That this Council ratifies all steps taken to date by Council President Clarke on behalf of and as representative of Council with respect to said proceedings. FURTHER RESOLVED, That this Council authorizes Council President Clarke to take all further steps on behalf of and as representative of Council with respect to such proceedings as Council President Clarke determines is appropriate for the successful prosecution of the appeal to Commonwealth Court, including, if necessary, any further appeals. ..End 1