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Granting permission to University City Eruv Corporation, in order to demarcate the boundaries of University City eruv district, to construct and maintain a clear nylon cord and/or plastic tubes and other ancillary facilities including a maximum of ten poles 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.
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THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Permission is hereby granted to University City Eruv Corporation, a Pennsylvania non- profit corporation, registered to do business in Pennsylvania (hereinafter “UCEC”), 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 plastic tubes (“lechis”), a maximum of ten poles, 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. UCEC 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 University City area 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, lechis may be mounted on utility poles, subject to the owner’s consent, to create the proper form of boundary line prescribed by Jewish religious law; a maximum of ten new poles and a few extensions of existing fence posts may also be erected. The specific boundaries are delineated as follows:
Along
From
To
43rd Street
North 43rd Street and Powelton Avenue
Chester Avenue and South 43rd Street
Chester Avenue
Chester Avenue and South 43rd Street
Chester Avenue and South 42nd Street
South 42nd Street
Chester Avenue and South 42nd Street
South 42nd Street and Woodland Avenue
Woodland Avenue
South 42nd Street and Woodland Avenue
Woodland Avenue and fence running south between The Woodlands and VA Medical Center
Fence running south between The Woodlands and VA Medical Center
Woodland Avenue and fence running south between The Woodlands and VA Medical Center
East side of University Avenue, just north of University Avenue underpass
Fence continues east along freight rail viaduct
East side of University Avenue, just north of University Avenue underpass
west side of University Avenue, just north of University Avenue underpass
Fence continues behind Parking Garage 51
West side of University Avenue, just north of University Avenue underpass
Fence running behind Parking Garage 51
Fence continues parallel to Heath Sciences Drive
Fence running behind Parking Garage 51
Fence running parallel to Heath Sciences Drive
Fence continues parallel to Heath Sciences Drive
Fence running parallel to Heath Sciences Drive
Fence continues as Health Sciences Drive becomes Convention Avenue
Fence continues parallel to Convention Avenue
Fence continues as Health Sciences Drive becomes Convention Avenue
South corner Convention Avenue and South Street
South Street
South corner Convention Avenue and South Street
Southwest side of South Street at the northwest side of rail overpass
Cross South Street
Southwest side of South Street at the northwest side of overpass
Northeast side of South Street at the northwest side of overpass
South Street
Northeast side of South Street at the northwest side of overpass
South Street and fence along Franklin Field
Fence along Franklin Field
South Street and fence along Franklin Field
Fence along Franklin Field and Paley Bridge
Paley Bridge
Fence along Franklin Field and Paley Bridge
Paley Bridge and fence along eastern side of tracks below bridge
fence along eastern side of tracks below bridge
Paley Bridge and fence along eastern side of tracks below bridge
Fence along eastern side of tracks below Paley Bridge and freight rail viaduct
Fence continues, running south
Fence along eastern side of tracks below Paley Bridge and freight rail viaduct
freight rail viaduct meets ground level tracks
Fence along freight rail viaduct
Freight rail viaduct meets ground level tracks
Ground level tracks meet south side of Walnut Street overpass
Fence along ground level tracks
Ground level tracks meet south side of Walnut Street overpass
South side of Walnut Street overpass under Walnut Bridge walkway
Fence turns west, continuing onto Lower Walnut Street
South side of Walnut Street overpass under Walnut Bridge walkway
South side of Walnut Street overpass continues onto lower Walnut Street
Fence along lower Walnut Street
South side of Walnut Street overpass continues onto lower Walnut Street
Lower Walnut Street and 31st Lower Level Street
Fence turns north for approximately 50 ft
Lower Walnut Street and 31st Lower Level Street
31st Lower Level Street beneath Walnut Street
Fence turns west
31st Lower Level Street beneath Walnut Street and freight rail viaduct
Lower Walnut Parking Lot beneath freight rail viaduct
Fence along freight rail viaduct
Lower Walnut Parking Lot beneath freight rail viaduct
Freight rail viaduct approximately 100 feet past Market Street, in Park America lot
Fence along southern wall of One Drexel Plaza
Freight rail viaduct approximately 100 feet past Market Street, in Park America lot
Southern wall of One Drexel Plaza, continuing through 3151 Market Street
Fence continues through 3151 Market Street
Southern wall of One Drexel Plaza, continuing through 3151 Market Street
Perimeter line along One Drexel Plaza and JFK Blvd.
Fence follow JFK Blvd.
Perimeter line along One Drexel Plaza and JFK Blvd.
JFL Blvd. and freight rail viaduct
Fence continues north along freight rail viaduct
JFL Blvd. and freight rail viaduct
Freight rail viaduct and fence approximately 75 ft north of JFK Blvd
Fence, starting beneath freight rail viaduct
Freight rail viaduct and fence approximately 75 ft north of JFK Blvd
Fence continues, reaching 31st Street and Haverford Avenue
Haverford Avenue
31st Street and Haverford Avenue
39th Street and Haverford Avenue
39th Street
39th Street and Haverford Avenue
39th Street and Spring Garden Street
Spring Garden Street
39th Street and Spring Garden Street
42nd Street and Spring Garden Street
42nd Street
42nd Street and Spring Garden Street
42nd Street and Powelton Avenue
Powelton Avenue
42nd Street and Powelton Avenue
43rd Street and Powelton Avenue
To the extent approved by the Department of Streets, UCEC is authorized to install, construct, maintain, operate, replace and remove a clear nylon cord or string and other ancillary facilities, including lechis, several new extensions of existing fence posts, and a maximum of ten new poles, 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, UCEC 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 UCEC 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 UCEC facilities at any location along the specified route and is not a guaranty that UCEC 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 UCEC 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, UCEC 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 rights-of-way in relocating UCEC 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 UCEC 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 rights-of-way 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 UCEC’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, UCEC shall enter into an agreement (“Agreement”) with the appropriate City department or departments, in form satisfactory to the City Solicitor, to provide that UCEC 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 UCEC;
(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 UCEC 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 UCEC 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, UCEC’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 UCEC 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 UCEC 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 UCEC 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 UCEC, its successors, assigns, and agents have substantially completed the construction of the new facilities authorized herein. A change in ownership of the assets of UCEC 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.
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