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An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, providing for the conveyance of the airports located within Allegheny County known as Pittsburgh International Airport and Allegheny County Airport, including all lands, buildings, fixtures, improvements, structures, aviation equipment, rights of access, and any appurtenances pertaining thereto from the Allegheny County Airport Authority to the County of Allegheny, and for placing the same up for bid for sale to a private entity or, in the alternative, placing the rights to manage, administer and maintain the same up for bid.
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WHEREAS, the County of Allegheny owned, developed and operated two public use Airport facilities known as Pittsburgh International Airport and Allegheny County Airport, which consisted of all lands, buildings, fixtures, improvements, structures, aviation equipment, right of access and any appurtenances pertaining thereto (“Aviation Facilities “); and
WHEREAS, on June 17, 1999, at Resolution No. 657 of 1999, the County of Allegheny, through its then Board of Commissioners, adopted a Resolution authorizing the filing of Articles of Incorporation to create the Allegheny County Airport Authority (“ Authority”); and
WHEREAS, pursuant to Section 5613 of the Municipality Authorities Act, Transfer of Existing Facilities to Authority, and in furtherance thereof, the County of Allegheny and the Authority entered into an Airport Operation, Management and Transfer Agreement and Lease (“The Agreement”); and
WHEREAS, the Agreement provides, among other things, for the transfer of the Aviation Facilities, as well as the responsibility and obligations to manage and operate Pittsburgh International Airport (“PIT”) and Allegheny County Airport, to the Authority; and
WHEREAS, at the time of said transfer, the parties determined that it was in the public interest that the County transfer and lease to the Authority, and the Authority accept exclusive jurisdiction over, and sole responsibility for, the Airports; and
WHEREAS, since the time of said transfer, USAirways has filed for bankruptcy, rejected its leases at PIT, and abandoned its hub; and
WHEREAS, as a consequence, thousands of jobs have been lost at PIT, including those of many Allegheny County residents, and hundreds of daily flights from and to PIT have been lost as well; and
WHEREAS, the Authority is operated by seven non-elected Directors, appointed by the Chief Executive of Allegheny County; and
WHEREAS, County Council has determined that the public interest is no longer served by placing the Aviation Facilities under the aegis of the Authority; and
WHEREAS, Section 5622 of the Municipality Authorities Act requires the Authority to transfer to the County the Aviation Facilities if the County so desires; and
WHEREAS, it is in the best interests of the County of Allegheny and its citizens that responsibility for the maintenance and operation of Pittsburgh International Airport, Allegheny County Airport and the assets transferred pursuant to the Agreement be reconveyed to the County; and
WHEREAS, municipal airports have recently been sold to private entities in the United States, most notably Midway Airport in the City of Chicago, and such sales have been reported to bring as much as $2.5 billion in revenues to the municipality in which the airport is located; and
WHEREAS, the County is desirous of acquiring the Pittsburgh International Airport, Allegheny County Airport, and all County assets related thereto, in order to allow the sale of such facilities to a private entity or, in the alternative, leasing the rights to manage, administer and maintain the same.
The Council of the County of Allegheny hereby enacts as follows:
Section 1. Incorporation of the Preamble.
The provisions set forth in the preamble to this Ordinance are incorporated by reference in their entirety herein.
Section 2. Exercise of Rights under the Municipality Authorities Act.
Pursuant to Section 5622 of the Municipality Authorities Act, the County hereby exercises its right to establish, maintain, operate and acquire the Aviation Facilities previously transferred to the Authority under the Agreement. The Authority is hereby directed to convey the Aviation Facilities to the County upon the execution of one or more sale or lease agreement(s) for such facilities in accordance with the terms of this Ordinance. Upon conveyance of the Aviation Facilities to the County, the County agrees to immediately complete the sale or lease transaction, as provided for by the provisions of this Ordinance.
Section 3. Notification of the Desire for the Transfer of Aviation Facilities.
The proper officers of the County of Allegheny are hereby authorized to so notify the Allegheny County Aviation Authority of the County's reacquisition of the Aviation Facilities as defined herein, and to undertake all actions necessary and appropriate to effectuate the purposes of this Ordinance.
Section 4. Bid for Sale or Lease of Airport Facilities.
No later than December 31, 2009, the County shall solicit bids for the sale of the Greater Pittsburgh International Airport and the Allegheny County Airport, or for the leasing of the rights to manage, administer and maintain both the Greater Pittsburgh International Airport and the Allegheny County Airport facilities, to one or more private entities. Such sale or lease transactions need not be executed with the same entity or entities for the assumption of responsibility for each facility, but any sale or lease agreement executed relating to the airport facilities described herein shall not become effective until approved by Allegheny County Council, in accordance with the terms of Article IV, Section 2(k) of the Home Rule Charter of Allegheny County. All proceeds from the sale or lease of airport facilities pursuant to the terms of this Ordinance shall be placed in a restricted fund of the County, and shall not be expended without specific authorization from Allegheny County Council.
Section 5. Severability.
If any provision of this Ordinance shall be determined to be unlawful, invalid, void or unenforceable, then that provision shall be considered severable from the remaining provisions of this Ordinance which shall be in full force and effect.
Section 6. Repealer.
Any Resolution or Ordinance or part thereof conflicting with the Provisions of this Ordinance is hereby repealed so far as the same affects this Ordinance.
Section 7. Effective Date.
This Ordinance is effective immediately.