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Bill No. 08050300.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. 080503
Introduced May 15, 2008
Councilmember Jones
Referred to the
Committee on Streets and Services
AN ORDINANCE
Authorizing the James Thomas Development Company to construct, operate and
maintain a building extension located at 4300 Boone Street at Roxborough Avenue,
Philadelphia, PA, all under certain terms and conditions.
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. The James Thomas Development Company, its successors and assigns are
hereby authorized to construct, operate and maintain a building extension located at 4300
Boone Street at Roxborough Avenue, Philadelphia, PA, as follows:
The extension, which is no higher than thirty-five feet (35') high, is approximately thirty-
seven feet (37') in length and approximate six feet (6') in width, leaving approximately
six feet (6') of clear, unobstructed footway on the southern sidewalk of the 4300 block of
Boone Street.
SECTION 2. The construction, operation and maintenance of the building extension
described in Section 1 above 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.
SECTION 3. Before exercising any rights or privileges under this Ordinance, the James
Thomas Development Company must first obtain or have its contractor(s) obtain all
required as-built 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, the James
City of Philadelphia
BILL NO. 080503 continued
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Thomas Development Company shall enter into an agreement ("Agreement") with the
appropriate City department or departments, satisfactory to the Law Department,
providing that the James Thomas Development Company shall, inter alia:
(a) agree that when given thirty (30) days written notice from the City, the James Thomas
Development Company shall remove the building extension described in Section 1 above
without cost or expense to the City and shall restore the affected cartways and footways
at no cost or expense to the City to accommodate a municipal or municipal-sponsored
construction project;
(b) furnish the City with a bond with corporate surety in an amount required by the
Department of Streets and in a form satisfactory to the Law Department to insure the
compliance with all the terms and conditions of this Ordinance and the aforementioned
Agreement;
(c) assume the costs and expenses 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, operation and maintenance of the building extension
described in Section 1 above;
(d) agree to defend, save harmless and indemnify the City from and against all damages
or claims for damages which may arise directly or indirectly as result of the construction,
operation and maintenance of the building extension described in Section 1 above, or its
removal;
(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 Law
Department, or in lieu thereof, submit documentation in form and content acceptable to
the City that the James Thomas Development Company is self-insured and is providing
the City of Philadelphia that 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 building extension described in Section
1 above carry public liability and property damage insurance, naming the City of
Philadelphia as an insured party in such amounts as shall be satisfactory to the Law
Department;
(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;
City of Philadelphia
BILL NO. 080503 continued
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(h) insure that the building extension encroaches on the southern sidewalk of the 4300
block of Boone Street no more than the dimensions listed in Section 1 above, provided
that the Streets Department, in its sole, unreviewable discretion, may allow minor
variation of the dimension limits of Section 1 within the standard tolerance of current
engineering practice; and
(i) provide notarized written permission from the owner of the property at 4300 Boone
Street, Philadelphia, PA for the construction, operation and maintenance of the building
extension described in Section 1 above, if the owner of the property is not the James
Thomas Development Company.
SECTION 4. The Law Department 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 authorization granted to the James Thomas Development Company for
the construction, operation and maintenance of the building extension described in
Section 1 above shall expire without any further action by the City if the James Thomas
Development Company has not entered into the Agreement and satisfied all requirements
of the Agreement within two (2) years after this Ordinance becomes law.
SECTION 6. This Ordinance shall become effective immediately.
City of Philadelphia
BILL NO. 080503 continued
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