TITLE
An Ordinance amending the Allegheny County Code of Ordinances, Chapter 705, entitled "Airports," through the creation of a new Part 4, entitled "County Properties," in order to clarify the procedures by which mineral rights are to be conveyed for property upon which an airport or other asset administered by the Allegheny County Airport Authority is located.
BODY
WHEREAS, property rights at the Greater Pittsburgh International Airport are governed by the terms of the Airport operation, Management and Transfer Agreement Between Allegheny County, Pennsylvania and the Allegheny County Airport Authority (hereinafter the "Transfer Agreement");
WHEREAS, the Transfer Agreement defines the property rights acquired by the Authority as "real property, fixtures, interest in and improvements to real property, and all other assets of every kind and nature acquired by the Airport Authority…in connection with or for the purpose of operation of the Airports"; and
WHEREAS, neither this description nor any other portion of the Transfer Agreement purports to convey any interest in mineral rights for the land under which the airports are located to the Airport Authority; and
WHEREAS, Article XI, Section 11.02(iii) of the Transfer Agreement clearly and explicitly provides that "[t]he County owns the Airport Assets, and the land upon which they are situated"; and
WHEREAS, the Authority's powers are delineated in Article IV of the Transfer Agreement, and no provision of Article IV purports to empower the Airport Authority to convey, lease, or otherwise dispose of any mineral rights for the land under which the airports are located; and
WHEREAS, Pennsylvania courts have clearly established that rights to surface property are separate and distinct from mineral rights, and that ownership or control of one does not necessarily determine ownership or control of the other; and
WHEREAS, it is accordingly the judgment of Council that any interest in property acquired by the Airport Authority under the terms of the Transfer Agreement do not include mineral rights for the property underlying the airport facilities, and that all such mineral rights remain the property of Allegheny County; and
WHEREAS, Article IV, Section 2(k) specifically requires the passage of an ordinance to permit any lease, conveyance, vacation, abandonment, or permit for the use of County owned land or other real property; and
WHEREAS, it is therefore the judgment of Council that any conveyance of the mineral rights for the property underlying the airport facilities may only be accomplished by validly enacted County ordinance;
The Council of the County of Allegheny hereby enacts as follows:
SECTION 1.
The Allegheny County Code of Ordinances, Chapter 705, entitled "Airports," through the creation of a new Part 4, entitled "County Properties," comprised as follows:
Part 4
County Properties
ARTICLE XII
Mineral Rights
§705-90. Ordinance requirement.
No lease, easement, or any other conveyance of mineral rights in any form or by any device by the Allegheny County Airport Authority shall become effective until expressly authorized under the terms of an Ordinance enacted by Allegheny County. For the purposes of this Section, the term "mineral rights" shall include the rights to any mineral, compound, or other naturally occurring substance underlying the surface of any property upon which airport facilities are located, or underlying the surface of any property controlled by the Airport Authority, and shall include, but not be limited to, coal, natural gas, and oil. Proceeds from any conveyance of mineral rights accomplished pursuant to this Section shall be deposited into a County fund until appropriated, and nothing contained within this Section shall be construed to limit the purpose for which such appropriation may be made.
SECTION 2. 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.