Bill 230577

..Title Granting permission to Wynnefield/Overbrook Eruv Association, in order to demarcate the boundaries of a Wynnefield/Overbrook eruv district, to construct and maintain a clear nylon cord and other ancillary facilities including a maximum of one hundred poles and forty-five pieces of plexiglass along, over, and in certain public rights-of-way and City streets, and/or to attach such demarcation facilities to existing facilities owned by other entities authorized by other City ordinances, subject to such owner's consent; all under certain terms and conditions. ..Body THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS: SECTION 1. Permission is hereby granted to Wynnefield Overbrook Eruv Association, a Pennsylvania non-profit corporation, registered to do business in Pennsylvania (hereinafter "WOEA"), and its successors, assigns, and agents, subject to the terms and conditions hereinafter set forth, to construct, maintain, operate, replace, and remove a clear nylon cord or string and other ancillary facilities (including a maximum of one hundred poles and forty-five pieces of plexiglass, and other facilities as may be approved by the Department of Streets) for demarcation of the boundaries of an eruv district ("Eruv Boundaries"), along, in, and over the public rights-of-way of the City of Philadelphia identified below, and/or to place such demarcation facilities within and/or attached to the existing facilities owned by other entities authorized by other City ordinances, subject to such owner's consent. WOEA is not authorized by this Ordinance to transmit, receive and distribute energy or telecommunications or to provide to subscribers within the City "cable service," as defined at 47 U.S.C. � 522(6), or "video programming" as defined at 47 U.S.C. � 522(20) as an open video system operator pursuant to 47 U.S.C. � 573(a) or otherwise. (a) The Eruv Boundaries will make maximum use of existing physical features which can be used for demarcation of an eruv for the Wynnefield and Overbrook areas consistent with Jewish religious law, including currently installed utility lines, existing walls and fences, and river banks and other embankments. In certain areas, such existing boundaries will be supplemented by a clear nylon cord to connect such existing features and create a continuous boundary, and in some areas, ancillary facilities may be mounted on existing physical features, subject to the owner's consent, to create the proper form of boundary line prescribed by Jewish religious law; a maximum of one hundred new poles and forty-five pieces of plexiglass extension may also be erected. The approximate territory bounded by the Eruv Boundaries is the area between Upland Way on the south, Belmont Avenue on the north, City Avenue on the west, and the train tracks for the SEPTA Cynwood Line on the east. The specific boundaries are delineated as follows and a map of the general contours of the eruv is attached: Boundary Approximate Geolocation Premier Apartment building Fence 39.98992, -75.24884 Tree on Median 39.98971, -75.24894 Tree 39.98931, -75.24903 Light Post 39.9891, -75.24912 Train Platform railing 39.98926, -75.24951 Light Post 39.98966, -75.24981 Overbrook Station Building 39.98968, -75.24988 Overbrook Station Building 39.99005, -75.2501 Light Post 39.99037, -75.24939 Light Post 39.99052, -75.24899 Light Post 39.99077, -75.24845 Light Post 39.99099, -75.24804 Tree and Stone Wall 39.99107, -75.24782 Fence 39.99207, -75.24567 Fence 39.99213, -75.24552 Fence 39.99323, -75.24329 Fence 39.99329, -75.24315 Fence 39.99393, -75.24177 Light Post 39.99399, -75.24175 Light Post 39.99412, -75.24145 Stone Gate and Lamp 39.99409, -75.24134 Base of Lamp post on cross over 39.99477, -75.24002 Light Post 39.99482, -75.23985 Light Post 39.99489, -75.23975 Stone Gate 39.99521, -75.23905 Light Post 39.99528, -75.23897 Light Post 39.99543, -75.23863 Light Post 39.99553, -75.23843 Light Post 39.99564, -75.2382 Light Post 39.99576, -75.23794 Light Post 39.99586, -75.23772 Light Post 39.99595, -75.23755 Light Post 39.99614, -75.23718 Light Post 39.99625, -75.23693 Light Post 39.99633, -75.23673 Light Post 39.99642, -75.2365 Light Post 39.99652, -75.23631 Light Post 39.99663, -75.23604 Light Post 39.99675, -75.23581 Light Post 39.99684, -75.23561 Light Post 39.99693, -75.2354 Traffic light pole 39.99708, -75.23505 Light Post 39.99721, -75.23484 Wall of Building 39.99719, -75.23483 Wall of Building 39.99734, -75.23432 Wall of Building 39.99739, -75.23416 Wall of Building 39.99786, -75.23332 Light Post 39.9979, -75.23332 Light Post 39.9983, -75.23245 Light Post 39.99865, -75.23174 Light Post 39.99901, -75.23098 Traffic light pole 39.99914, -75.23069 Light Post 39.99932, -75.2303 Light Post 39.99972, -75.2295 Light Post 40.00008, -75.22872 Traffic light pole 40.00017, -75.22854 Light Post 40.00039, -75.22807 Light Post 40.00077, -75.22722 Light Post 40.00113, -75.2265 Telephone Pole 40.00121, -75.2262 Mansion at Bala Fence 40.00119, -75.22615 Wall of Building 40.00179, -75.22449 Wall of Building 40.00184, -75.22437 Mansion at Bala Fence 40.00211, -75.2236 Telephone Pole 40.00212, -75.22356 Telephone Pole 40.00211, -75.22346 Fence 40.00219, -75.22291 Fence 40.00333, -75.22078 Telephone Pole 40.00341, -75.22064 Light Post and Fence 40.00345, -75.22034 Fence 40.00216, -75.21901 Light Post 40.00183, -75.21904 Fence 39.99842, -75.21932 Telephone Pole 39.99842, -75.21926 Light Post on Fence 39.99858, -75.21901 WPHL17 Fence 39.99163, -75.2255 Catenary Pole 39.99169, -75.22558 Catenary Pole 39.99094, -75.22552 Catenary Pole 39.99023, -75.22552 Catenary Pole 39.98962, -75.22556 Catenary Pole 39.98901, -75.22561 Catenary Pole 39.98841, -75.22569 Catenary Pole 39.98778, -75.22586 Catenary Pole 39.98712, -75.226 Catenary Pole 39.98644, -75.22625 Catenary Pole 39.98575, -75.22652 Catenary Pole 39.98546, -75.22671 Catenary Pole 39.98505, -75.22687 Catenary Pole 39.98432, -75.22706 Catenary Pole 39.98361, -75.22735 Catenary Pole 39.98219, -75.22793 Catenary Pole 39.98227, -75.22824 Land 39.98228, -75.22831 Fence 39.98088, -75.22896 Fence 39.98079, -75.22919 Light Post 39.9815, -75.23023 Light Post 39.98169, -75.23037 Fence 39.98421, -75.23601 Telephone Pole 39.9843, -75.23602 Telephone Pole 39.98446, -75.23645 Telephone Pole 39.9846, -75.23681 Telephone Pole 39.9847, -75.23714 Telephone Pole 39.98483, -75.23749 Fence 39.98481, -75.23751 Fence 39.98511, -75.24015 Road Guard 39.98511, -75.24015 Telephone Pole 39.98582, -75.24495 Telephone Pole 39.98617, -75.24532 Telephone Pole 39.98654, -75.24553 Telephone Pole 39.98666, -75.24558 Telephone Pole 39.98702, -75.24581 Telephone Pole 39.98729, -75.24594 Telephone Pole 39.98748, -75.24606 Telephone Pole 39.98784, -75.24628 Telephone Pole 39.98821, -75.24646 Telephone Pole 39.9884, -75.2465 Telephone Pole 39.98865, -75.24642 Telephone Pole 39.9889, -75.24636 Telephone Pole 39.9892, -75.24629 Telephone Pole 39.98945, -75.24627 Telephone Pole 39.9896, -75.24668 Telephone Pole 39.98986, -75.24702 Telephone Pole 39.99009, -75.24725 Telephone Pole 39.99039, -75.24749 Telephone Pole 39.99057, -75.24764 Premier Apartment building Fence 39.99057, -75.24768 To the extent approved by the Department of Streets, WOEA is authorized to install, construct, maintain, operate, replace and remove a clear nylon cord or string and other ancillary facilities, including poles and plexiglass extensions, and other facilities as may be approved by the Department of Streets (collectively, the "Demarcation System"), along, in, and over the public rights-of-way listed above. (b) Before entering into the Agreement provided in Section 5 below, WOEA must submit proof of authorization from the governmental body responsible for maintaining any highway bridge crossing over a railroad right-of-way, private property or over another public right-of-way if the Demarcation System listed in this Section is constructed on or attached to any such bridges. (c) The said Demarcation 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 WOEA 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 structures, equipment, facilities and or appurtenances placed within the public rights-of-way. (d) The permission granted by this Ordinance is conditioned upon the approval of the Department of Streets as to the construction and installation of WOEA facilities at any location along the specified route and is not a guaranty that WOEA 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 WOEA must by law obtain prior to construction or occupancy of existing facilities in the public right-of-way. (e) All Demarcation System facilities constructed pursuant to this Ordinance within a railroad right-of-way that includes an alteration to a rail/highway crossing, which includes such crossings as they are 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 3. The permission granted by this Ordinance shall include permission to deviate 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 by intervening pathways or alleyways. Before any such deviations are made, WOEA 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 deviations which serve as replacement and alternative right-of-ways in relocating WOEA facilities 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 WOEA and its successors and assigns to occupy the public right-of-way and City streets with its Demarcation System shall be and is subject to the terms and conditions of this Ordinance, all other applicable ordinances of the City of Philadelphia, all ordinances of general application currently in existence or subsequently enacted that are related to the City of Philadelphia's management of the public rights-of-way, the right-of-occupancy of the public rights-of-way, and/or the use of property in, under, over, along and/or across the streets, sidewalks, alleyways, easements and right-of-ways within the City of Philadelphia. Such permission is also subject to the terms and conditions of the Agreement provided in Section 5 of this Ordinance and all other applicable agreements, and to WOEA's compliance with such terms and conditions, 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, WOEA shall enter into an agreement ("Agreement") with the appropriate City department or departments, in form satisfactory to the City Solicitor, to provide that WOEA 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 facilities of WOEA; (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 the WOEA Demarcation 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; (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; (f) Submit confirmation in a form acceptable to the City Solicitor from the owner of any existing utility pole or other structure used for attachment or installation of Demarcation System facilities that WOEA has authorization to occupy such utility pole or other structure; and (g) Remove any or all portions of the Demarcation System listed in Section 1 from the public rights-of-way pursuant to applicable City of Philadelphia specifications within sixty (60) days when the Demarcation System or a portion of the Demarcation System is no longer used for the purpose authorized by the ordinance or existing law. SECTION 6. The City Solicitor shall include in the Agreement, together with the terms and provisions required by Section 5 of this Ordinance and such other terms and provisions as shall be deemed necessary to protect the interest of the City, provisions setting forth, as a condition of the permissions granted by this Ordinance, WOEA's representation, warranty, and agreement that it is subject to and will comply fully with (i) the terms and conditions of this Ordinance and all other applicable ordinances of the City of Philadelphia, and (ii) the terms and conditions of all ordinances of general application currently in existence or subsequently enacted that are related to the City of Philadelphia's management of the public rights-of-way, the right-of-occupancy of the public rights-of-way, and/or the use of property in, under, over, along and/or across the streets, sidewalks, alleyways, easements and rights-of-way within the City of Philadelphia. SECTION 7. The permission granted to WOEA and its successors, assigns and agents to construct, maintain, operate, replace and remove the Demarcation System along, in, over 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 WOEA has not entered into the Agreement as required by Section 5 and Section 6 within one hundred eighty (180) days after this Ordinance becomes law. SECTION 8. The permission granted to WOEA 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 WOEA, its successors, assigns, and agents have substantially completed the construction of the new facilities authorized herein. A change in ownership of the assets of WOEA 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 ensure that all costs incurred by the City of Philadelphia related to the transfer are reimbursed. The transferee must pay all costs incurred by the City of Philadelphia associated with such transfer within thirty (30) days of the date the City submits such costs 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. ..End