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An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, authorizing the Department of Public Works to take certain actions on behalf of County Council with respect to the issuance of highway occupancy permits, the grant of certain licenses, rights of entry and easements, and the amicable acquisition of certain real estate affecting County Public Works projects and other matters for calendar years 2004 and 2005
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WHEREAS, Article IV, Section 2 (k) of the Allegheny County Home Rule Charter (the “ Home Rule Charter”) vests County Council with the power and duty by ordinance to permit the use of County land, buildings or other real or personal property owned by the County; and,
WHEREAS, since adoption of the Home Rule Charter, County Council has processed numerous ordinances requested by the Department of Public Works to convey various licenses, rights-of-way, utility easements, and easements for the use of County real property; and,
WHEREAS, since adoption of the Home Rule Charter, County Council has also processed numerous ordinances approving the amicable acquisition of real estate for County public work projects, including but not limited to, County roads and bridges; and,
WHEREAS, the County Council desires to reduce the time needed for routine approvals of matter affecting County real estate that are inefficient, result in project schedule delays, inconvenience to the public and higher costs of administration; and,
WHEREAS, the County Council finds that approving a single ordinance with respect to matters identified in the title of this Ordinance will reduce overall delays and costs for administration and will result in increased efficiencies with respect to the operation of County government.
NOW THEREFORE, 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 herein in their entirety.
SECTION 2. AUTHORIZATION TO GRANT HIGHWAY OCCUPANCY PERMITS FOR USE OF COUNTY ROADS AND BRIDGES
County Council does hereby authorize the Department of Public Works to grant highway and bridge occupancy permits over County roads and bridges so long as such actions shall promote public safety and welfare and shall not interfere with any existing or anticipated County governmental function. All such grants shall be consistent with sound engineering practices and the regulations of the Department of Public Works in effect on the date hereof or that may be hereafter adopted. County Council does further authorize the Director of the Department of Public Works, or his designee, to take any and all further actions as may be necessary or proper to carry out the authorization granted herein, including, but not limited to, the execution of the permits identified in this section. Not withstanding the foregoing, County Council shall have the right to rescind or revoke any action taken under the authority granted herein.
SECTION 3. AUTHORIZATION TO GRANT EASEMENTS, RIGHTS OF ENTRY AND LICENSES FOR USE OF COUNTY REAL PROPERTY
County Council does hereby authorize the Department of Public Works to grant easements, rights of entry and licenses for the use of County-owned real estate so long as such actions shall promote public safety and welfare and shall not interfere with any existing or anticipated County governmental function. The authorization granted herein shall include, but not limited to, execution of license agreements, rights-of-entry, authorizations to enter County owned property, cooperation agreements with municipalities and third parties, utility easements, right-of-way agreements, reimbursement agreements and other instruments that may affect County owned real estate. Notwithstanding the above, all such actions shall be subject to approval of the County Solicitor. County Council does further authorize the Director of the Department of Public Works, or his designee, to take any and all further actions as may be necessary or proper to carry out the authorization granted herein, including, but not limited to, execution of any writings or instruments identified in this section Not withstanding the foregoing, County Council shall have the right to rescind or revoke any action taken under the authority granted herein.
SECTION 3. AUTHORIZATION TO AMICABLY ACQUIRE REAL ESTATE FOR PUBLIC WORKS PROJECTS
County Council does hereby authorize the Department of Public Works acquire, by amicable and administrative settlements, real estate for public works projects within the operating and capital budgets approved by County Council. Such public works projects shall include, but are not limited to, construction, reconstruction, replacement, relocation, installation, repair and expansion of County roads, bridges, parks and buildings. With respect to the authority provided herein the Department may acquire any interest in land it deems appropriate including easements, rights of ways, licenses or title in fee simple absolute. The Department of Public Works shall be further authorized to obtain appraisals and title reports, to negotiate and acquire any required property, rights-of-way and easements, and to prepare any necessary agreements of sale and deeds or other instruments and notices evidencing such acquisitions of real estate. Notwithstanding the above, all such actions shall be subject to approval of the County Manager and County Solicitor. County Council does further authorize the Director of the Department of Public Works, or his designee, to take any and all further actions as may be necessary or proper to carry out the authorization granted herein, including, but not limited to, execution of any writings or instruments identified in this section Not withstanding the foregoing, County Council shall have the right to rescind or revoke any action taken under the authority granted herein.
SECTION 4. AUTHORITY TO APPROVE TAKINGS BY WAY OF EMINENT DOMAIN RETAINED
Nothing contained in this Ordinance shall be deemed to authorize the Department of Public Works to acquire property through the right of eminent domain and by way of the filing of a declaration of taking without first seeking approval and authorization of County Council.
SECTION 5. TERM OF THIS ORDINANCE
This Ordinance shall expire December 31, 2005.
SECTION 6. 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 7. 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.