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A Resolution of the County of Allegheny directing the port Authority of Allegheny County to take certain actions pertaining to proposed or in-force lobbying contracts.
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Whereas, the Port Authority of Allegheny County was created pursuant to the terms of the Second Class County Port Authority Act, 55 P.S. §551 et. seq.; and
Whereas, the rights and powers of the Port Authority of Allegheny County are specifically delineated in 55 P.S. §553(b), and although the Authority is vested with the power to enter contracts necessary or convenient for carrying on its business, there is no hint that the Authority's power was intended by the General Assembly to encompass contracts for lobbying activities; and
Whereas, 55 P.S. §553(a) explicitly provides that the Port Authority is created "for the purpose of planning, acquiring, holding, constructing, improving, maintaining and operating, owning, leasing, either as lessor or lessee, port facilities within the port district, and a transportation system in the county by which it is incorporated and outside of the county to the extent necessary for (i) the establishment of an integrated system; (ii) the establishment of additional transit service where none at the time is being otherwise rendered; (iii) the establishment of rapid transit facilities over jointly used or exclusive fixed rights of way and (iv) the rendering of all group and party services which can be provided by transportation systems subject to acquisition under this act pursuant to certificates of public convenience issued them by the Pennsylvania Public Utility Commission," none of which contemplates lobbying activities on the part of the Authority; and
Whereas, according to published reports, the Port Authority of Allegheny County has retained a local law firm to conduct lobbying work on its behalf through 2009, at a cost of $750,000, and is currently considering spending up to $400,000 more to retain as many as three other lobbying firms; and
Whereas, this expenditure of as much as $1.150 million dollars or revenue derived from public transportation riders, who in many cases are least able to afford the burden of the Authority's lobbying bills, and the taxpayers of the County and Commonwealth of Pennsylvania, comes at a time at which the Authority plans to borrow $21 million from special capital accounts to cover the costs of overspending during the Authority's 2007-08 fiscal year; and
Whereas, in addition, the Authority in July plans to approve the next two phases of the North Shore Connector project, even though this will push the project past its $435 million budget; and
Whereas, in addition, bids for the Authority's North Shore T station currently exceed the Authority's project budget by roughly 33 percent, while bids to replace the Gateway Center T station are roughly 40 percent over the Authority's project budget, representing a combined $23.7 million in budget overruns for just these two projects; and
Whereas, it is the judgment of Council that the Authority's determination to spend over $1 million on lobbying activities do not represent sound fiscal judgment in light of the Authority's demonstrated propensity to exceed its own budgets; and
Whereas, it is further the judgment of Council that the Authority's determination to spend over $1 million on lobbying activities exceed the scope of its powers, as conferred by the Second Class County Port Authority Act;
The Council of the County of Allegheny hereby resolves as follows:
Section 1.
The Council of Allegheny County, Pennsylvania, hereby directs the Port Authority of Allegheny County to cancel or rescind any contract for lobbying services that is currently in force. Council further directs the Port Authority to provide Council with a copy of any and all lobbying contracts in force as of the date of enactment of this Resolution within 10 days of the date of enactment of the Resolution, and expressly forbids the Authority from executing any additional lobbying contracts without prior approval by County Council.
Section 2.
In the event that the Port Authority of Allegheny County does not comply with the provisions of Section 1 of this Resolution, all appropriations of County funds for Port Authority activities shall immediately be suspended by the Council.
Section 3. If any provision of this Resolution shall be determined to be unlawful, invalid, void or unenforceable, then that provision shall be considered severable from the remaining provisions of this Resolution which shall be in full force and effect.
Section 4. Any Resolution or Ordinance or part thereof conflicting with the provisions of this Resolution is hereby repealed so far as the same affects this Resolution.