title
Resolution authorizing the County of Allegheny Law Department, in conjunction with the Public Works Department, to accept ownership of the CSX Transportation Company corridor between Glenshaw and Bakerstown, in the event that it becomes available in the future.
body
WHEREAS, on September 29, 2003, CSX Transportation, Inc. filed a Notice of Exemption, Discontinuance of Service with the federal Surface Transportation Board, and may, in the future, file for abandonment of its 11.2-mile railroad between Glenshaw and Bakerstown, within the Townships of Shaler, Hampton and Richland, hereinafter called the “Corridor”; and
WHEREAS, the federal Rails-to-Trails Act requires petitions for rail-banking to be filed with the Federal Surface Transportation Board within thirty days of the date of notices of railroad abandonment in order to retain continuous ownership of said corridors; and
WHEREAS, the County of Allegheny owns portions of abandoned Montour and Conrail railroads and cooperates with the Montour Trail Council under a Management Contract and a Public-Private Partnership Agreement, each dated December 13, 1993, for developing and maintaining certain rail-trails; and
WHEREAS, at its Board Meeting held November 17, 2003, the Montour Trail Council approved a resolution authorizing the filing of a petition with the federal Surface Transportation Board within thirty days of any Notice of Abandonment, to rail-bank the Corridor, in cooperation with CSX Transportation, Inc., and, if available, to negotiate acquisition of the Corridor for ownership by the County of Allegheny; and
WHEREAS, in the event that CSX Transportation, Inc. may file for abandonment of the Corridor, and to enable the Montour Trail Council to file for railbanking within thirty days of any Notice of Abandonment and acquire the Corridor, if available, the County Council of Allegheny County deems it advisable to accept ownership of the Corridor and extend its Management Contract and Public-Private Partnership Agreement with Montour Trail Council to include the Corridor in order to develop a regional trail for use by residents of Allegheny County.
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. AUTHORIZATION TO ACCEPT OWNERSHIP OF RAILROAD CORRIDOR
That Council deems it advisable and necessary to authorize the Law Department, in conjunction with the Public Works Department, to accept ownership of the 11.2 mile CSX Transportation, Inc. railroad Corridor between Glenshaw and Bakerstown, in Shaler, Hamption and Richland Townships, in the event that CSX Transportation, Inc. files for abandonment and agrees to convey the Corridor to the County of Allegheny.
SECTION 3. AUTHORIZATION TO EXTEND MANAGEMENT CONTRACT AND PUBLIC-PRIVATE PARTNERSHIP AGREEMENT
That, in the event that the County of Allegheny acquires the Corridor, Council deems it advisable and necessary to extend its Management Contract and Public-Private Partnership Agreement with Montour Trail Council to the Corridor.
SECTION 4. 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 continue in full force and effect.
SECTION 5. 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 .