TITLE
A Resolution of the Council of the County of Allegheny providing certification that comparable replacement housing is not physically available and not available within the normal supplemental limits: $22,500.00 for owners and $5,250.00 for tenants, for the S.R. 0079, Section A12, in the Townships of South Fayette, Robinson and Collier
BODY
Whereas, the Pennsylvania Department of Transportation intends to acquire property (ies) for the improvement of S.R. 0079, Section A12, in the Townships of South Fayette, Robinson and Collier; and
Whereas, under the Pennsylvania Housing Replacement Authorization Act of 1972, 35 P.S. §1525, et seq., and Appendix B, Act 304, Section 3 of the Eminent Domain Code, if comparable replacement housing exceeds the statutory replacement limit of Twenty-Two Thousand Five Hundred Dollars ($22,500.00) for residential owners and Five Thousand Two Hundred Fifty Dollars ($5,250.00) for tenants, the Board of Commissioners, of the appropriate County, must approve housing of last resort; and
Whereas, at the election held on May 19, 1998, the voters of Allegheny County approved the Home Rule Charter of Allegheny County, in which Article III, Section 1 states, “The government of Allegheny County shall include an elected County Council, an elected Chief Executive and an appointed professional Manager” and Section 2 states, “The office of County Commissioner is abolished upon the swearing in of the County Council Members and the Chief Executive”; and
Whereas, the Pennsylvania Department of Transportation has determined that comparable housing exceeds the statutory limits; and
Whereas, it is necessary that the Council and Chief Executive of Allegheny County approve last resort housing so that the Pennsylvania Department of Transportation will be permitted to exceed the statutory limits; and
Whereas, the Pennsylvania Department of Transportation will assume total responsibility for the funding of the last resort housing supplements.
The Council of the County of Allegheny hereby resolves as follows:
Section 1. Incorporation of Preamble.
The provisions set forth in the preamble to this Resolution are incorporated by reference in their entity herein.
Section 2 . Approval of Housing of Last Resort.
The County Council of the County of Allegheny, after receiving advice that the Department of Public Works has reviewed and approved the research to determine whether comparable replacement housing exceeds the statutory supplemental limits allowed by law, which research the Pennsylvania Department of Transportation conducted, hereby approves housing of last resort, according to applicable laws, for the improvement of S.R. 0079, Section A12, in the Townships of South Fayette, Robinson and Collier.
Section 3. Severability. 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. Repealer. 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.