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Bill No. 08021200.pdf
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City of Philadelphia
City of Philadelphia                           - 1 -
City Council
Chief Clerk's Office
402 City Hall
Philadelphia, PA 19107


BILL NO. 080212


Introduced February 28, 2008


Councilmembers Clarke, DiCicco, Blackwell, Jones, Reynolds Brown,
Green, Miller, Greenlee and Sanchez


Referred to the
Committee on Housing, Neighborhood Development and The Homeless


AN ORDINANCE

Amending Chapter 19-2600 of The Philadelphia Code, entitled "Business Privilege
Taxes," by amending Section 19-2604, entitled "Tax Rates, Credits, and Alternative Tax
Computation," by providing an affordable housing tax credit for losses incurred in
providing affordable housing, under certain terms and conditions.

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1. Chapter 19-2600 of The Philadelphia Code is hereby amended to read as
follows:

CHAPTER 19-2600. BUSINESS PRIVILEGE TAXES.

*     *     *

§ 19-2604. Tax Rates, Credits, and Alternative Tax Computation.

*     *     *

(9) Affordable Housing Tax Credit.

(a) Definitions:  For purposes of this subsection, the following definitions
shall apply:

(.1) Affordable Dwelling Unit.  As defined in Section 7-102 of this
Code.


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BILL NO. 080212 continued


City of Philadelphia                         - 2 -
(.2) Substantial Renovation. A structural modification that alters
more than 50% of a building's gross floor area.

(b) Eligibility. Any business that constructs affordable dwelling units for
sale or rental or substantially renovates a building to create affordable dwelling units for
sale or rental shall be eligible to apply for an Affordable Housing Tax Credit.

(c) Application. A business seeking an Affordable Housing Tax Credit
shall file an Affordable Housing Tax Credit Application with the Revenue Department, on
a form prepared by the Revenue Department, that includes the following:

(.1) The total number of affordable dwelling units;

(.2) The location of the affordable dwelling units;

(.3) Proof that the applicant has obtained all required permits and
approvals for the construction of  the affordable dwelling units or for the substantial
renovation of the building creating such units;

(.4) The approved plans, which shall be attached to the
application; and

(.5) Such other information as the Revenue Department may
require.

(d) Commitment Letter.  The Revenue Department shall approve the
application if it contains all the required information. After approval of the application,
the applicant must execute a commitment letter with the Revenue Department setting
forth the following:

(.1) For affordable dwelling units offered for sale: The net actual
loss sustained by the business as a result of selling the dwelling units at an affordable
price, which shall be calculated as the difference between: (i) the costs of acquisition,
construction or substantial renovation, and other related costs as documented by a cost
certification completed by an independent auditor; and (ii) the sales price of the units.

(.2) For affordable dwelling units offered for rent: The net actual
loss sustained by the business as a result of renting the dwelling units at an affordable
price, which shall be calculated as the difference between: (i) the costs of acquisition,
construction or substantial renovation, and other related costs as documented by a cost
certification completed by an independent auditor; and (ii) the appraised price for which
the units could be sold, with such appraisal based upon the "income" appraisal method


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BILL NO. 080212 continued


City of Philadelphia                          - 3 -
and taking into account the restriction that the units may only be rented at an affordable
rental for fifteen (15) years.

(.3) Agreement that a declaration of covenants, conditions and
restrictions in the same form required by §7-111 of this Code will be filed so that the
affordable dwelling units supporting the tax credit will remain affordable for ten (10)
years from the date of issuance of the certificate of occupancy, in the case of units for
sale, and fifteen (15) years from such date in the case of rental units.

(.4) Such other information as the Revenue Department deems
appropriate.

(e) Tax Credits.  After the applicant and the Revenue Department have executed a
commitment letter, and the applicant has certified to the Revenue Department that it has
completed the affordable dwelling units in accordance with the approved plans and has
obtained a certificate of occupancy and that the required declaration of covenants,
conditions and restrictions has been filed, the applicant may claim a tax credit of twenty-
five (25) % of its net actual loss.  Such tax credit shall be applied against the applicant's
total business privilege tax liability for the Tax Year during which the applicant certifies
completion of such units and the issuance of a certificate of occupancy, provided that any
unused credits may be carried forward until fully used.

(f) Regulations.  The Revenue Department shall promulgate regulations further
detailing how "net actual loss" as set forth in subsection 9(d) shall be determined and
the proof that may be required to establish such net actual loss, and it may promulgate
such other regulations as it deems necessary and appropriate for the implementation of
this subsection.

(g) Penalties.  A business which receives an Affordable Housing Tax Credit in
accordance with the provisions of this subsection, and fails to comply with the
requirement to provide affordable dwelling units set forth in the commitment letter shall
be required to refund to the City of Philadelphia the total amount of the tax credit
received.

________________
Explanation:
Italics indicate new matter added.


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Bill No. 08020200.pdf
View original document

City of Philadelphia
City of Philadelphia                           - 1 -
City Council
Chief Clerk's Office
402 City Hall
Philadelphia, PA 19107


BILL NO. 080202


Introduced February 28, 2008


Councilmember Tasco


Referred to the
Committee on Finance


AN ORDINANCE

Authorizing the issuance of one or more series of general obligation bonds to provide
funds to refund certain outstanding general obligation bonds of the City of Philadelphia;
authorizing the Mayor, City Controller and City Solicitor or a majority of them to sell the
bonds at public or private negotiated sale; setting forth the purposes for which the
proceeds of the bonds will be expended; providing for the maturities and for other terms
and conditions and for the form of the bonds; providing that bonds may be redeemable
prior to maturity; providing sinking funds for the bonds and for appropriations to the
Sinking Fund Commission for the payment thereof; authorizing agreements to provide
credit enhancement or payment or liquidity sources for the bonds, and agreements to
manage interest costs and certain other actions.

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1.  The Mayor, City Controller and City Solicitor, or a majority of
them (in this Ordinance, herein called the "Bond Committee"), are hereby authorized on
behalf of the City of Philadelphia (the "City") to borrow, by the issuance and sale from
time to time, of one or more series of general obligation bonds of the City (the "Bonds"),
for the payment of which the full faith, credit and taxing powers of the City shall be
pledged, a sum or sums which, in the aggregate, shall not exceed Two Hundred Twenty-
Five Million Dollars ($225,000,000), exclusive of costs of issuance, including, but not
limited to, underwriters' discount, original issue discount or redemption premiums, if
any, on the Prior Bonds (hereinafter defined) or similar items, to be expended as provided
in Section 2 of this Ordinance. The Bonds authorized by this Ordinance may be sold,
from time to time, at a private negotiated sale or at a public sale to the highest responsible
bidder as authorized by law, at such prices and upon such other terms and conditions not
inconsistent with this Ordinance or other applicable law.  The Council finds that the sale
of all or any portion of the Bonds authorized by this Ordinance at a private negotiated
sale or sales is in the best financial interest of the City.


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City of Philadelphia                        - 2 -
SECTION 2.  The proceeds of the Bonds shall be used to provide funds for and
towards the refunding of all or a portion of the City's General Obligation Bonds, Series
2003B (the "Prior Bonds").

SECTION 3.  The date(s) of issue of the Bonds authorized under this Ordinance,
the maturities of such Bonds, the provisions for payments into the sinking fund created
pursuant to Section 4 hereof, and the other terms, conditions, provisions and details of the
Bonds, within the requirements and limitations of this Ordinance, shall be determined
from time to time by the Bond Committee, as shall be specified in one or more purchase
proposals of the successful bidder or bidders or purchaser or purchasers of the Bonds
authorized to be issued from time to time in accordance with the terms and provisions of
this Ordinance.  The Bonds:  shall contain series or subseries designations; shall be in
denominations of Five Thousand Dollars ($5,000) or any integral multiple thereof as may
be determined by the Bond Committee; and shall be substantially in the forms approved
by the Bond Committee from time to time (including certificated securities or book-entry
securities), consistent with applicable law and regulations, with such modifications as
may be required to express the terms and conditions authorized by this Ordinance.

The Bonds shall bear interest from the respective dates of issuance thereof at the
prescribed rates, including variable interest (not exceeding any limitation prescribed by
law) payable initially on the date not more than six (6) months from the date of issuance
thereof and thereafter on a monthly, quarterly, semi-annual or annual basis or such other
time period as shall be set forth in the Bonds, to maturity or prior redemption, if any; may
be subject to redemption prior to maturity at the option of the City, either as a whole or
from time to time in part, or be subject to mandatory redemption, on prescribed dates, at
prescribed prices, not less than par, and, in respect of partial redemption, by lot or
prescribed order and within maturity by lot; may be subject to tender as shall be set forth
in the Bonds; and shall be payable as to both principal and interest at the office of the
City's Fiscal Agent and in lawful money of the United States. If the Bonds shall be
subject to redemption prior to maturity, such redemption shall be made only after mailing
notice of redemption to the registered owners of the Bonds at the owners' addresses on
the registry of the Fiscal Agent not less thirty (30) (or such lesser amount of days as shall
be set forth in the Bonds) nor more than sixty (60) days prior to the date fixed for
redemption.

SECTION 4.  There is hereby created a sinking fund to be administered by the
Sinking Fund Commission for the payment of the principal of and interest on the Bonds
authorized by this Ordinance. The City covenants that in each year in which any such
issue of Bonds shall be outstanding, there shall be appropriated from the tax and other
general revenues of the City to the Sinking Fund Commission for deposit to the credit of
such sinking fund a sum at least equal to the interest on and the principal of such Bonds
as the same become due and payable, whether at maturity or upon redemption. The
amounts of such appropriation shall be paid over to the Sinking Fund Commission in


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City of Philadelphia                         - 3 -
respect of principal and interest on or before the respective due dates of or required
sinking fund payments for such principal and interest. The City also covenants that in
each year that the Agreements (defined in Section 5) are outstanding, it shall appropriate
from the tax and other revenues of the City sufficient funds to meet its obligations as they
become due under the Agreements.

The City covenants that so long as any Bonds issued by virtue of this Ordinance
shall remain outstanding, it will make payments out of its sinking fund or any other of its
general revenues or funds at such times and in such annual amounts as shall be sufficient
for the payment of interest thereon and the principal thereof when due, whether at
maturity or redemption, and so long as the Agreements are outstanding, it will make
payments out of its general revenues or funds at such times and in such amounts as shall
be sufficient to pay the City's obligations under the Agreements.

SECTION 5.  The Bond Committee is authorized on behalf of the City to enter
into Agreements (the "Agreements") with any bank, insurance company or other
appropriate entity providing credit or payment or liquidity sources for the Bonds,
including, without limitation, letters of credit, lines of credit and insurance.

The Bond Committee or the Director of Finance is further authorized, on behalf of
the City, to the extent otherwise permitted by law, to enter into interest rate hedging
agreements or to utilize other derivative financial instruments with respect to all or a
portion or portions of the Bonds, if the Bond Committee or the Director of Finance
determines that such agreements will assist the City in managing its interest costs.

This authorization to enter into interest rate hedging agreements or to utilize other
derivative financial instruments shall be for agreements or instruments approved by the
Bond Committee as part of the plan of finance for the initial series of the Bonds issued
pursuant to this Ordinance.  Any additional agreements or other derivative financial
instruments to be entered into with respect to any subsequent series of Bonds issued from
time to time pursuant to this Ordinance shall require further approval of City Council.

The Bond Committee is further authorized to make all such covenants and to take
any and all such other actions on behalf of the City as may be necessary or appropriate in
connection with the consummation of the transactions contemplated herein or as may be
necessary to effect this Ordinance.


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Bill No. 08020300.pdf
View original document

City of Philadelphia
City of Philadelphia                         - 1 -
City Council
Chief Clerk's Office
402 City Hall
Philadelphia, PA 19107


BILL NO. 080203


Introduced February 28, 2008


Councilmember Kenney


Referred to the
Committee on Rules


AN ORDINANCE

Amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by
amending Section 14-101, entitled "Purpose and Scope", amending Section 14-102,
entitled "Definitions," and creating a new Chapter 14-2200, entitled "Sustainable
Zoning," to require certain sustainable building and construction practices for public
parking lots and public garages, all under certain terms and conditions.

THE COUNCIL OF THE CITY OF PHIILADELPHIA HEREBY ORDAINS:

SECTION 1. Section 14-101 of The Philadelphia Code, entitled "Purpose and Scope", is
hereby amended to read as follows:

§ 14-101. Purpose and Scope.

(1)     Chapters 14-100 through 14-[1800]2200, inclusive, of this Title are
enacted to promote the public health, safety, order and general welfare by regulating and
restricting the location, size, bulk and use of buildings; the height and size of buildings
and other structures, percentage of lot that may be occupied, the size of yards, courts and
other open spaces, the density of population, and the location, use and occupancy of
buildings, structures and land for residential and non-residential purposes.

*       *       *

SECTION 2. Section 14-102 of The Philadelphia Code, entitled "Definitions," is hereby
amended to add the following definitions, the existing definitions to be renumbered
accordingly:

In Chapters 14-100 through 14-[1800]2200 inclusive, the following general definitions
shall apply: In this section, the following definitions apply:


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City of Philadelphia                            - 2 -
*        *       *

(  )     Green Building. A structure and its surrounding landscape designed, constructed,
and maintained to decrease energy and water usage and costs, to improve the efficiency
and longevity of building systems, and to decrease the burdens imposed on the
environment and public health.


*        *       *

(  )     LEED. Leadership in Energy and Environmental Design Green Building Rating
System is a compilation of best practices and proven technologies for green buildings
and green construction developed by the USGBC. LEED standards include the following:
LEED NC for new construction and major renovation projects; LEED Cl for commercial
interior projects; LEED H for homes; LEED ND for neighborhood development. The
Green Guide for Health Care, developed by Healthcare without Harm, in conjunction
with the USGBC is the appropriate standards for hospitals.


*        *       *

(  )     USGBC. United States Green Building Council is a nonprofit organization
comprised of leaders from the building industry formed to encourage sustainability by
promoting buildings and construction that are environmentally responsible, profitable,
and healthy places to live and work.

*        *       *

SECTION 3. A new Chapter 14-2200 of The Philadelphia Code, entitled "Sustainable
Zoning", is hereby enacted to read as follows:

CHAPTER 14-2200. SUSTAINABLE ZONING.

§14-2201. General Provisions.

The purpose of this Chapter is to ensure that building and construction projects are
planned, designed, constructed, and managed to minimize adverse environmental
impacts, to conserve natural resources, to promote sustainable development and to
enhance the quality of life in Philadelphia.

§14-2202. Sustainable Site Development for Public Parking Lots and Public Garages.


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City of Philadelphia                          - 3 -
(1)    Requirements.

No zoning or use permit shall be issued for any public parking lot or
public garage unless the Department is satisfied that the proposed project shall
incorporate LEED criteria for stormwater management and reduction of heat island
effect.

(2)    Procedures.

Any Applicant subject to the provisions of this Section shall provide to the
Department an abbreviated LEED project checklist relating to stormwater management
and reduction of heat island effect. The Applicant shall demonstrate that the proposed
project will meet the requirements of this Section with appropriate supporting
documentation and by certification from a LEED Accredited Professional and/or other
expert recognized by the Department that the proposed project meets the requirements of
this Section.

Within five (5) days of its receipt of a completed LEED submission, the
Department shall transmit a copy of the submission to the Office of Sustainability and the
Planning Commission.

(3)    Regulations.

The Department, in consultation with the Office of Sustainability, may promulgate
regulations to administer this Section.

(4)    Certification of Compliance.

The Department shall not issue any zoning or use permit for a public
parking lot or public garage unless the Department has issued a Certification of
Compliance with the requirements of the Section.

(5)    Variances.

No variance shall be granted from this Section except where the denial of
a variance would affect an unconstitutional taking.

SECTION 4. Effective Date. This Ordinance shall take effect six months after final
approval.


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City of Philadelphia                           - 4 -
______________________
Explanation:

[Brackets] indicate matter deleted.
Italics indicate new matter added.



Bill No. 08020400.pdf
View original document

City of Philadelphia
City of Philadelphia                        - 1 -
City Council
Chief Clerk's Office
402 City Hall
Philadelphia, PA 19107


BILL NO. 080204


Introduced February 28, 2008


Councilmember Blackwell


Referred to the
Committee on Streets and Services


AN ORDINANCE

Amending Chapter 12-3000 of The Philadelphia Code, entitled "Use Of An Automated
Red Light Enforcement System To Prevent Red Light Violations," by authorizing the
installation of red light enforcement systems at the intersection of 58th Street at Walnut
Street, and by reducing to sixty days the phase-in period during which only warnings are
issued, all under certain terms and conditions.

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1.  Chapter 12-3000 of The Philadelphia Code is hereby amended to read as
follows:

CHAPTER 12-3000. USE OF AN AUTOMATED RED LIGHT ENFORCEMENT
SYSTEM TO PREVENT RED LIGHT VIOLATIONS.

*       *         *

§12-3005.       Intersections At Which This Chapter Applies.

(1)     Automated red light enforcement systems that are approved by the
Pennsylvania Department of Transportation may be used to enforce this Chapter only at
the following intersections, and as this list may be amended from time to time by
ordinance, subject to the designation of such intersections by agreement of the System
Administrator and the Pennsylvania Secretary of Transportation:

*       *         *

(p)     58th Street at Walnut Street


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City of Philadelphia                             - 2 -
*      *      *


§12-3006.           Penalty.

*      *       *

(3)       No penalties are authorized during the first [120] sixty (60) days of
operation of the automated system at each particular intersection.  During such phase-in
period, a warning may be sent to the violator.

______________________
Explanation:

[Brackets] indicate matter deleted.
Italics indicate new matter added.



Bill No. 08020500.pdf
View original document

City of Philadelphia
City of Philadelphia                         - 1 -
City Council
Chief Clerk's Office
402 City Hall
Philadelphia, PA 19107


BILL NO. 080205


Introduced February 28, 2008


Councilmember Krajewski


Referred to the
Committee on Public Property and Public Works


AN ORDINANCE

Authorizing the Commissioner of Public Property, on behalf of the City, to acquire the
beds of the portions of Delaware Avenue and Buckius Street that are to be opened
pursuant to Bill No. 080131, under certain terms and conditions.

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1.  The Commissioner of Public Property, on behalf of the City of
Philadelphia, is hereby authorized to acquire by purchase, dedication, donation,
condemnation, or agreement in lieu of condemnation the beds of Delaware Avenue and
Buckius Street to be opened pursuant to Bill No. 080131, as are more fully described in
Exhibit "A" to that ordinance.

SECTION 2. The City Solicitor is hereby authorized to review and to approve all
instruments and documents necessary to effectuate this Ordinance, which instruments and
documents shall contain such terms and conditions as the City Solicitor shall deem
necessary or appropriate to protect the interests of the City.


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Bill No. 08020600.pdf
View original document

City of Philadelphia
City of Philadelphia                       - 1 -
City Council
Chief Clerk's Office
402 City Hall
Philadelphia, PA 19107


BILL NO. 080206


Introduced February 28, 2008


Councilmember Miller


Referred to the
Committee on Public Property and Public Works


AN ORDINANCE

Authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to
transfer to the Philadelphia Authority for Industrial Development, for nominal
consideration, a certain parcel of land, with the buildings and improvements thereon,
known as 815 East Washington Lane, for further conveyance.

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

Section 1.  The Commissioner of Public Property on behalf of the City of
Philadelphia is hereby authorized to transfer to the Philadelphia Authority for Industrial
Development, for nominal consideration, the following described certain parcel of land,
with the buildings and improvements thereon, for further conveyance at fair market
value:

ALL THAT CERTAIN lot or piece of ground with the buildings and
improvements thereon erected, situate in the 22nd Ward of the City of Philadelphia and
described according to a plan thereof made June 21, 1954 and corrected June 20, 1956,
by Israel Serota, Surveyor and Regulator of the Ninth District, as follows:

BEGINNING at a point on the Northwest side of Washington Lane (fifty-four feet
wide) at the distance of two hundred twenty-five feet six and three quarters inches
Northeast from the Northeast side of Chew Avenue (eighty feet wide); thence extending
North fifty-three degrees sixteen minutes two seconds West, six hundred two feet and one
quarter inch to a point; thence North thirty-nine degrees forty-eight minutes fifty-two
seconds East, one hundred seventy-six feet one-half inch to a point; thence South forty-
five degrees sixteen minutes twelve seconds East, six hundred three feet ten and three-
eighths inches to a point on the Northwest side of the aforementioned Washington Lane;
thence along the same South forty degrees seven minutes twenty-five seconds West,


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City of Philadelphia                        - 2 -
ninety-one feet eleven and one-quarter inches to the first mentioned point and place of
beginning.

BEING known and numbered 815 East Washington Lane.

Section 2.  The City Solicitor is hereby authorized to review and approve all
instruments and documents necessary to effectuate this Ordinance, which instruments and
documents shall contain such terms and conditions as the City Solicitor shall deem
necessary and proper to protect the interests of the City.

Section 3.  Net proceeds from the sale of this property shall be deposited in the
City's General Fund.



Bill No. 08020700.pdf
View original document

City of Philadelphia
City of Philadelphia                      - 1 -
City Council
Chief Clerk's Office
402 City Hall
Philadelphia, PA 19107


BILL NO. 080207


Introduced February 28, 2008


Councilmember Miller


Referred to the
Committee on Streets and Services


AN ORDINANCE

Granting permission to ABEER, LP, owner of the property Oak Lane Diner, 6528 N.
Broad Street, to legalize an existing vestibule entrance and for the operation and
maintenance of a sidewalk cafe covered by a canvas tent on 66th Avenue, under certain
terms and conditions.

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1. Permission is hereby granted to ABEER, LP, 2457 N. 54th Street,
Philadelphia, PA 19131, owner of the property Oak Lane Diner, 6528 N. Broad Street,
Philadelphia, PA 19126, to legalize an existing vestibule entrance and for the operation
and maintenance of a sidewalk cafe covered by a canvas tent on 66th Avenue as follows:

Vestibule Entrance
The existing 1-story vestibule dimensions are approximately eighteen feet (18'-0") in
length by eighteen feet (18'-0") in height projecting seven feet (7'-0") onto the west
sidewalk of N. Broad Street leaving fifteen feet (15'-0") of clear footway. The vestibule
is located approximately one hundred and seventy feet (170'-0") south of the south curb
line of 66th Avenue.


Sidewalk Café with Canvas Tent Cover
The proposed sidewalk café with canvas tent cover will be situated upon new concrete
sidewalk placed at the former grassy area located on the north end of the diner near the
turning lane of Old York Road at N. Broad Street. The area described is wholly in the
public right-of-way.

A total of seventeen (17) tables are proposed: seven (7) tables approximately three feet
(3'-0") diameter to accommodate twenty-eight (28) occupants and ten (10) tables


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City of Philadelphia                        - 2 -
approximately two feet (2'-0") by four feet (4'-0") to accommodate forty (40) occupants.
The café area starts approximately one hundred and twenty-seven feet (127'-0") south of
the south curb line of 66th Avenue and ends approximately one hundred and sixty-five
feet (165'-0") south of the south curb line of 66th Avenue. The proposed café area will
result in unobstructed clear footway distances of approximately fifteen feet (15'-0") at the
west sidewalk of N. Broad Street, eight feet six inches (8'-6") on the east sidewalk of Old
York Road and fifteen feet (15'-0") on the south sidewalk of the turning lane. The café
area is enclosed by a forty-two inch (42") high protective railing.

The canvas tent approximate dimensions are twenty-three feet (23'-0") average width by
thirty-eight feet (38'-0") average length by fifteen feet (15'-0") height. The tent is
supported by six (6) exterior columns with pole mounted light fixtures and three (3)
interior columns.

SECTION 2. Before exercising any rights or privileges under this Ordinance, ABEER,
LP must first 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, ABEER, LP shall enter into an agreement ("Agreement") with the
appropriate City department(s), in a form satisfactory to the Law Department, which
shall:

(a)    furnish the City with a bond with corporate surety in the amount required
by the Streets Commissioner and in a form satisfactory to the Law Department to insure
compliance with all of the terms and conditions of this Ordinance and the aforementioned
agreement;

(b)    protect, indemnify and save harmless the City from all suits or claims for
damages which may arise directly or indirectly as a result of the vestibule, sidewalk café
and canvas tent;

(c)    comply with the provisions of The Philadelphia Code thereby securing all
required permits, licenses and approvals from all appropriate departments, boards,
agencies or commissions, as may be required;

(d)    agree in writing that when, at the determination of the City of
Philadelphia, the vestibule, sidewalk cafe and canvas tent necessitates relocation and/or
removal of any underground structure, either publicly or privately owned, ABEER, LP
will absorb all costs and expenses for the performance of such work at no cost to the
City;


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BILL NO. 080207 continued


City of Philadelphia                        - 3 -
(e)     insure that the seventeen (17) tables for the sidewalk cafe encroach on the
west sidewalk of N. Broad Street and east sidewalk of Old York Road no more than the
dimensions listed in Section 1, provided that the Streets Department, in its sole
unreviewable discretion, may allow minor variations of the dimension limits of Section 1,
within standard tolerances of current engineering practice;

(f)     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 Law
Department; and

(g)     remove the sidewalk café and canvas tent within thirty (30) days upon
service of lawful written notice from the Streets Department and remove the vestibule
within one hundred eighty (180) days upon service of lawful written notice from the
Streets Department.

SECTION 3. The Law Department shall include in the Agreement such other terms and
conditions, as shall be deemed necessary or appropriate in the interest of the City.

SECTION 4. The permission granted to ABEER, LP to legalize an existing vestibule
entrance and for the operation and maintenance of a sidewalk cafe covered by a canvas
tent on N. Broad Street and Old York Road shall expire without any further action by the
City of Philadelphia if ABEER, LP has not entered into the Agreement and satisfied all
requirements of the Agreement that are listed in Section 2 within one (1) year after this
Ordinance becomes law.

SECTION 5. This Ordinance shall not become effective unless the sum of two hundred
dollars ($200.00) is paid into the City Treasury within sixty (60) days after this
Ordinance becomes law.


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BILL NO. 080207 continued


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Bill No. 08020800.pdf
View original document

City of Philadelphia
City of Philadelphia                       - 1 -
City Council
Chief Clerk's Office
402 City Hall
Philadelphia, PA 19107


BILL NO. 080208


Introduced February 28, 2008


Councilmember DiCicco


Referred to the
Committee on Public Property and Public Works


AN ORDINANCE

Authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to
transfer to the Philadelphia Authority for Industrial Development, for nominal
consideration, a certain parcel of land, with the buildings and improvements thereon,
known as 4301 Tacony Street, for further conveyance.

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

Section 1.  The Commissioner of Public Property on behalf of the City of
Philadelphia is hereby authorized to transfer to the Philadelphia Authority for Industrial
Development, for nominal consideration, the following described certain parcel of land,
with the buildings and improvements thereon, for further conveyance at fair market
value:

ALL THAT CERTAIN lot or piece of ground, situate in the 23rd Ward of the
City of Philadelphia, described according to a Plan of Property thereof made by Edward
J. McGettigan, Jr., Surveyor and Regulator of the 8th Survey District, dated February 21,
1975.

BEGINNING at the point of intersection of the Northeasterly side of Church
Street (on City Plan 60 feet wide and legally open) with the Southeasterly side of legally
open Tacony Street (on City Plan 50 feet wide, legally open 40 feet wide); thence
extending along said side of Tacony Street North 82 degrees, 7 minutes, 22 seconds East
the distance of 203 feet 3 1/2 inches to a point; thence partly crossing the Southeasterly
un-open portion of said Tacony Street, South 7 degrees, 52 minutes, 38 seconds East the
distance of 200 feet 0 inches to a point on the Northwesterly side of Melrose Street (on
City Plan 50 feet wide and legally open); thence extending along said side of Melrose
Street, South 82 degrees, 7 minutes, 22 seconds West the distance of 203 feet 3 1/2
inches to the point of intersection of the said side of Melrose Street with the


City of Philadelphia

BILL NO. 080208 continued


City of Philadelphia                        - 2 -
Northeasterly side of aforesaid Church Street; thence extending along the said side of
Church Street and partly re-crossing the Southeasterly side of un-open portion of
aforesaid Tacony Street, North 7 degrees, 52 minutes, 38 seconds West the distance of
200 feet 0 inches to the first mentioned point and place of beginning.

Being No. 4301 Tacony Street.

Section 2.  The City Solicitor is hereby authorized to review and approve all
instruments and documents necessary to effectuate this Ordinance, which instruments and
documents shall contain such terms and conditions as the City Solicitor shall deem
necessary and proper to protect the interests of the City.

Section 3.  Net proceeds from the sale of this property shall be deposited in the
City's General Fund.



Bill No. 08020900.pdf
View original document

City of Philadelphia
City of Philadelphia                           - 1 -
City Council
Chief Clerk's Office
402 City Hall
Philadelphia, PA 19107


BILL NO. 080209


Introduced February 28, 2008


Councilmember DiCicco


Referred to the
Committee on Public Property and Public Works


AN ORDINANCE

Authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to
transfer to the Philadelphia Authority for Industrial Development, for nominal
consideration, some or all of the City's interest in certain parcels of land, with the
buildings and improvements thereon, located in an area bounded by North Front Street,
Wildey Street, Leopard Street and Richmond Street; certain parcels of land, with the
buildings and improvements thereon, known as 1101-19 North Front Street, located on
the east side of North Front street; and certain parcels of land, with the buildings and
improvements thereon, known as 1043-47 North Front Street, located on the east side of
North Front Street, for further conveyance.

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

Section 1.  The Commissioner of Public Property on behalf of the City of
Philadelphia is hereby authorized to transfer to the Philadelphia Authority for Industrial
Development, for nominal consideration, some or all of the City's interest in the
following described certain parcels of land, with the buildings and improvements thereon,
for further conveyance at fair market value:

Leopard Street Properties

All those certain parcels of land, with the buildings and improvements thereon,
located in an area bounded by North Front Street, Wildey Street, Leopard Street and
Richmond Street and generally described as follows:

ALL THOSE TWO CERTAIN lots or pieces of ground with the buildings and
improvements thereon erected, SITUATE in the 5th Ward of the City of Philadelphia,
described as follows:


City of Philadelphia

BILL NO. 080209 continued


City of Philadelphia                         - 2 -
Parcel 1

BEGINNING at a point of intersection of the easterly side of Front Street (sixty
feet wide) and the southerly side of Wildey Street (fifty feet wide); thence extending
eastwardly, along the said southerly side of Wildey Street, the distance of two hundred
feet to a point, which point is the point of intersection of the said southerly side of Wildey
Street and the westerly side of Leopard Street (forty feet wide); thence extending
southwardly, along the said westerly side of Leopard Street and partly crossing the bed of
an alley (five feet wide by deed), which alley extends westwardly from Leopard Street
and connects with another alley (three feet wide by deed) which extends northwardly to a
dead end and southwardly to Richmond Street, the distance of one hundred sixty-nine
feet six inches to a point in the centerline of the said five feet wide alley; thence
extending westwardly, on a line parallel with Wildey Street and Richmond Street and
along the centerline of the said five feet wide alley, the distance of one hundred twenty-
eight feet to a point on the easterly side of the said three feet wide alley; thence extending
southwardly, on a line parallel with Leopard Street and Front Street and partly along the
said easterly side of three feet wide alley, and partly crossing the bed of the said five feet
wide alley along the easterly side of the three feet wide alley, the distance of eight feet six
inches to a point; thence extending westwardly on a line parallel with Wildey Street and
Richmond Street and crossing the bed of the said three feet wide alley, the distance of
seventy-two feet to a point on the said easterly side of Front Street; thence extending
northwardly along the said easterly side of Front Street, the distance of one hundred
seventy-eight feet to the first mentioned point and place of beginning.

Parcel 2

BEGINNING at a point of intersection of the westerly side of Leopard Street
(forty feet wide) and the northerly side of Richmond Street (fifty feet wide); thence
extending westwardly, along the said northerly side of Richmond Street the distance of
one hundred twenty-eight feet to a point, said point being the easterly side of an alley
(three feet wide by deed) which extends northwardly to a dead end and which crosses the
head of another alley (five feet wide by deed) which extends eastwardly to Leopard
Street; thence extending northwardly, on a line parallel with Leopard Street and along the
said easterly side of the said three feet wide alley and partly crossing the head of the said
five feet wide alley, the distance of sixty feet six inches to a point, which point is the
centerline of the said five feet wide alley; thence extending eastwardly on a line parallel
with Richmond Street and along the centerline of the said five feet wide alley the distance
of one hundred twenty-eight feet to a point on the westerly side of the said Leopard
Street; thence extending southwardly along the said westerly side of Leopard street and
partly recrossing the said five feet wide alley the distance of sixty feet six inches to the
first mentioned point and place of beginning.


City of Philadelphia

BILL NO. 080209 continued


City of Philadelphia                        - 3 -
1101-19 North Front Street

ALL THAT CERTAIN lot or piece of ground with the buildings and
improvements thereon erected, SITUATE in the 5th Ward of the City of Philadelphia,
described as follows:

BEGINNING at a point of intersection of the Easterly side of Front Street (sixty
feet wide) and the Northerly side of Wildey Street (fifty feet wide); thence extending
Northwardly, along the said Easterly side of Front Street, the distance of one hundred
eighty-nine feet to a point; thence extending Eastwardly, on a line parallel with Wildey
Street, the distance of one hundred feet to a point on the Westerly side of Lee Street
(twenty feet wide);  thence extending Southwardly, along the Westerly side of Lee Street,
the distance of one hundred eighty-nine feet to a point, said point being the point of
intersection of the said Westerly side of Lee Street and the said Northerly side of Wildey
Street; thence extending Westwardly, along the said Northerly side of Wildey Street, the
distance of one hundred feet to the first mentioned point and place of beginning.

BEING No. 1101-19 North Front Street.

1043-47 North Front

ALL THAT CERTAIN lot or piece of ground with the buildings and
improvements thereon, owned by the City of Philadelphia and the Commonwealth of
Pennsylvania, known as 1043-47 North Front Street, located on the east side of North
Front Street.

Section 2.  The City Solicitor is hereby authorized to review and approve all
instruments and documents necessary to effectuate this Ordinance, which instruments and
documents shall contain such terms and conditions as the City Solicitor shall deem
necessary and proper to protect the interests of the City.

Section 3.  Net proceeds from the sale of this property shall be deposited in the
City's General Fund.


City of Philadelphia

BILL NO. 080209 continued


City of Philadelphia                 - 4 -



Bill No. 08021000.pdf
View original document

City of Philadelphia
City of Philadelphia                       - 1 -
City Council
Chief Clerk's Office
402 City Hall
Philadelphia, PA 19107


BILL NO. 080210


Introduced February 28, 2008


Councilmember DiCicco


Referred to the
Committee on Streets and Services


AN ORDINANCE

Amending Chapter 12-2400 of The Philadelphia Code, entitled "Towing And
Immobilizing Of Parked Or Abandoned Vehicles," by changing the weight classification
for certain boot, removal, and impoundment fees, and the addition of certain boot,
removal, and impoundment fees, all under certain terms and conditions.

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1.  Chapter 12-2400 of The Philadelphia Code is hereby amended to read as
follows:

CHAPTER 12-2400. TOWING AND IMMOBILIZING OF PARKED OR
ABANDONED VEHICLES.

*      *      *

§12-2406.1.     Fees and Charges.

(1)     Fees shall be assessed to cover the costs of immobilization and/or
impoundment of any vehicle or combinations immobilized or impounded pursuant to the
provisions of this Chapter or other provisions of law:


(a)     A one hundred ($100.00) dollar boot fee and/or a one hundred and
twenty-five ($125.00) dollar towing and removal fee for vehicles
or combinations under [17,000] 11,000 pounds; and


City of Philadelphia

BILL NO. 080210 continued


City of Philadelphia                               - 2 -
(b)       A one hundred ($100.00) dollar boot fee and/or a two hundred and
twenty-five ($225.00) dollar towing and removal fee for vehicles or
combinations at or over 11,000 pounds up to 17,000 pounds; and 

(c[b])   A one hundred ($100.00) dollar boot fee and/or a three hundred
   ($300.00) dollar towing and removal fee for vehicles or
   combinations at or over 17,000 pounds.


*       *       *


(2) Storage charges for the storage of any vehicle or combination impounded
under the provisions of the Chapter or other provisions of law shall be calculated:


(a)     At the rate of twelve ($12.00) dollars for each twenty-four hour
period or fraction thereof, for the first five (5) days of
impoundment, and eighteen ($18.00) dollars for each twenty-four
(24) hour period or fraction thereof thereafter for vehicles under
[17,000] 11,000 pounds; and

(b)       At the rate of Thirty ($30.00) dollars for each twenty-four hour
period or fraction thereof, for vehicles at or over 11,000 pounds up
to 17,000 pounds; and

(c[b]) At the rate of Fifty ($50.00) dollars for each twenty-four hour
period or fraction thereof, for vehicles at or over 17,000 pounds.


*       *        *

SECTION 2.  This Ordinance shall be effective immediately.

______________________
Explanation:

[Brackets] indicate matter deleted.
Italics indicate new matter added.



Bill No. 08021100.pdf
View original document

City of Philadelphia
City of Philadelphia                        - 1 -
City Council
Chief Clerk's Office
402 City Hall
Philadelphia, PA 19107


BILL NO. 080211


Introduced February 28, 2008


Councilmembers Clarke and Kelly


Referred to the
Committee on Streets and Services


AN ORDINANCE

Amending Chapter 12-3000 of The Philadelphia Code, entitled "Use Of An Automated
Red Light Enforcement System To Prevent Red Light Violations," by authorizing the
installation of red light enforcement systems at the intersection of 9th Street at Roosevelt
Boulevard and at the intersection of Hunting Park Avenue at Broad Street, and by
reducing to sixty days the phase-in period during which only warnings are issued, all
under certain terms and conditions.

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1.  Chapter 12-3000 of The Philadelphia Code is hereby amended to read as
follows:

CHAPTER 12-3000. USE OF AN AUTOMATED RED LIGHT ENFORCEMENT
SYSTEM TO PREVENT RED LIGHT VIOLATIONS.

*     *       *

§12-3005.       Intersections At Which This Chapter Applies.

(1)     Automated red light enforcement systems that are approved by the
Pennsylvania Department of Transportation may be used to enforce this Chapter only at
the following intersections, and as this list may be amended from time to time by
ordinance, subject to the designation of such intersections by agreement of the System
Administrator and the Pennsylvania Secretary of Transportation:

*     *       *

(n)     9th Street at Roosevelt Boulevard


City of Philadelphia

BILL NO. 080211 continued


City of Philadelphia                             - 2 -
(o)       Hunting Park Avenue at Broad Street


*      *      *


§12-3006.           Penalty.

*      *       *

(3)       No penalties are authorized during the first [120] sixty (60) days of
operation of the automated system at each particular intersection.  During such phase-in
period, a warning may be sent to the violator.

______________________
Explanation:

[Brackets] indicate matter deleted.
Italics indicate new matter added.