civus
BillENACTED

Bill 060391

Granting permission to Nathan Ross and Samuel Lynagh, owners of New Wave Café, located at 782-784 South Third street, to operate and maintain an open air sidewalk cafe on the north footway of Catharine street adjacent to 782-784 South Third street, under certain terms and conditions.

Introduced May 11, 2006Committee on Streets and ServicesOfficial record: City of Philadelphia via Legistar

Introduced by

Councilmember DiCicco

From the floor

Passages in the official transcripts that cite this file number. Every quote links to its exact place in the record.

  1. “…60386, an ordinance establishing a no truck parking and two-away zone regulation on Upland Way; and Bill No. 060391, an ordinance Nathan Ross and Samuel Lynagh, owners of New Wave Cafe, to operate and maintain an open-air sidewalk cafe; and Bill No. 060392, an ordinance authorizing Francis X. Smith, 2112 South Howard Street, to construct and maintain a garage extension; and Bill No. 060395, an ordinance authorizing t…”

    Chief Clerk · Stated Meeting, June 1, 2006 · Jun 1, 2006 · official transcript, this passage

  2. “… entitled "An ordinance establishing a no truck parking and tow-away regulation on Upland Way"; and Bill No. 060391, entitled "An ordinance granting permission to Nathan Ross and Samuel Lynagh, owners of the New Cafe, to operate and maintain an open-air sidewalk cafe"; and Bill No. 060392, entitled "An ordinance authorizing Francis Smith, 2112 South Howard Street, to construct and maintain a garage extension"; and Bi…”

    Chief Clerk · Stated Meeting, May 25, 2006 · May 25, 2006 · official transcript, this passage

  3. “And Bill No. 060391, an ordinance granting permission to Nathan Ross and Samuel Lynagh to 5/25/06 - STATED - 1ST READING operate and maintain an open-air sidewalk cafe.”

    Chief Clerk · Stated Meeting, May 25, 2006 · May 25, 2006 · official transcript, this passage

Status timeline

  1. May 11, 2006
    Referred · CITY COUNCIL
  2. May 11, 2006
    Introduced · CITY COUNCIL

    Recorded result: Pass

    A motion was made by Councilmember DiCicco that this matter be Introduced. The motion carried unanimously.

  3. May 23, 2006
    HEARING NOTICES SENT · Committee on Streets and Services
  4. May 23, 2006
    REPORTED FAVORABLY, RULE SUSPENSION REQUESTED · Committee on Streets and Services
  5. May 23, 2006
    HEARING HELD · Committee on Streets and Services
  6. May 25, 2006
    ORDERED PLACED ON THIS DAY`S FIRST READING CALENDAR · CITY COUNCIL
  7. May 25, 2006
    SUSPEND THE RULES OF THE COUNCIL · CITY COUNCIL

    Recorded result: Pass

    A motion was made by Councilmember DiCicco that this matter be SUSPEND THE RULES OF THE COUNCIL. The motion carried unanimously.

  8. May 25, 2006
    ORDERED PLACED ON NEXT WEEK`S SECOND READING CALENDAR · CITY COUNCIL
  9. Jun 1, 2006
    READ · CITY COUNCIL
  10. Jun 1, 2006
    PASSED · CITY COUNCIL

    Recorded result: Pass

    A motion was made that this matter be PASSED. The motion carried by the following vote:

  11. Jun 15, 2006
    SIGNED · MAYOR

Official documents

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

Full text

Read the full text as published

..Title Granting permission to Nathan Ross and Samuel Lynagh, owners of New Wave Café, located at 782-784 South Third street, to operate and maintain an open air sidewalk cafe on the north footway of Catharine street adjacent to 782-784 South Third street, under certain terms and conditions. ..Body THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS: SECTION 1. Permission is hereby granted to Nathan Ross, 285 Kerrwood Drive, Wayne Pennsylvania, and Samuel Lynagh, 615 Christian street, Philadelphia, owners of New Wave Café, located at 782-784 South Third street, to operate and maintain an open air sidewalk cafe with six (6) tables encroaching a maximum of approximately four feet (4') on the north footway of Catharine street adjacent to 782-784 South Third street, leaving a minimum of approximately eight feet (8') unobstructed footway. SECTION 2. Before exercising any rights or privileges under this Ordinance, Nathan Ross and Samuel Lynagh, as owners of the New Wave Café 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, Nathan Ross and Samuel Lynagh shall enter into an agreement ("Agreement") with the appropriate City department(s), in a form satisfactory to the City Solicitor, that 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 City Solicitor 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 from damages which may arise directly or indirectly as a result of the open air sidewalk cafe; (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 open air sidewalk cafe necessitates relocation and/or removal of any underground structure, either publicly or privately owned, Nathan Ross and Samuel Lynagh will absorb all costs and expenses for the performance of such work at no cost to the City; (e) insure that the six (6) tables for the open air sidewalk cafe encroach no more than a maximum of approximately four feet (4') onto the north footway of Catharine street adjacent to the property 782-784 South Third street; (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 City Solicitor; and (g) remove the open air sidewalk cafe within thirty (30) days upon service of lawful written notice from the Streets Department. SECTION 3. The City Solicitor shall include in the Agreement such other terms and conditions, as he shall deem necessary or appropriate in the interest of the City. SECTION 4. The permission granted to Nathan Ross and Samuel Lynagh as owners of the New Wave Café to maintain and operate an open air sidewalk café on the north footway of Catharine street adjacent to the property 782-784 South Third street shall expire without any further action by the City of Philadelphia if Nathan Ross and Samuel Lynagh have 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. ..End