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Ordinance authorizing the County of Allegheny to clear the right-of-way for reconstruction of four small bridges and a wall in various municipalities and to acquire by condemnation certain parcels of land for these projects, and to take such further action as may be necessary under applicable law, including the Eminent Domain Code of 1964, as amended.
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WHEREAS, the County Council of Allegheny deems it advisable to clear the right-of-way for the reconstruction of the following four small bridges and a wall within the County of Allegheny and Commonwealth of Pennsylvania, authorized by the County Executive to clear the right-of-way by the noted Executive Actions:
Girty’s Run Bridge No. 14 (GI14-0205) on West View Road in Township of Ross, authorized 8/20/02 by Agenda No. 1317-02;
Homeville Creek Bridge No. 7 (HV07-0505) on Homestead-Duquesne Road in Boroughs of Munhall and West Mifflin, authorized 8/20/02 by Agenda No. 1316-02;
Homeville Creek Bridge No. 10 (HV10-0502) on Ravine Street in the Borough of Munhall, authorized 8/20/02 by Agenda No. 1315-02;
Horning Road Wall (5152-0002) on Horning Road in the Borough of Baldwin, authorized 11/25/02 by Agenda No. 1681-02;
Jack’s Run Bridge No. 3 (JA03-0101) on Brighton Road in the Township of Ross and Borough of Bellevue, authorized 1/25/02 by Agenda No. 139-02, hereinafter called the “Projects”; and
WHEREAS, the County Council of Allegheny County deems it advisable to acquire by condemnation, certain land hereinafter described, as necessary, for additional right-of-way and easements for the Projects.
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 CLEAR RIGHT-OF-WAY
That Council deems it advisable and necessary to authorize the Law Department, in conjunction with the Department of Public Works, to obtain appraisals and title reports, to negotiate and acquire the required rights-of-way and easements, to prepare the necessary petitions, resolutions and all other documents, including, but not limited to Declarations of Taking, Petitions to Deposit Estimated Just Compensation into Court and Petitions for Appointment of Viewers, all or some of which may be required in clearing the right-of-way, for the Projects.
SECTION 3. AUTHORIZATION TO ACQUIRE PROPERTY BY CONDEMNATION
That Council deems it advisable and necessary to take under the right of eminent domain the property of the following persons or corporations and to acquire title thereto in fee simple, as necessary to reconstruct the Projects:
PROJECT
PARCEL
NO.
RECORD OWNER
TAX PARCEL BLOCK & LOT NO. Homeville Creek Bridge No. 7
4
Joseph P. Enos, Jr. and Maureen Enos
181-P-160
6
Bellwood Land Company
181-P-170
7
First Christian Church of Homestead
181-P-235
8
Borough of West Mifflin
181-P-167
9
Gerald R. Irons and Yvonne M. Irons
181-P-40
10
First Christian Church of Homestead
181-P-235
11
James M. Quinn and Elaine Quinn
181-K-40
12
Borough of West Mifflin and Bellwood Land Company (deed overlap)
181-P-167
181-P-170 Homeville Creek Bridge No. 10
3
Stanley W. Mozick and Dorothy A. Mozick
180-J-118
4
Laura J. Hudson
180-J-120
6
Estate of Louis Heincz
179-N-25 Horning Road Wall
2
John Boden
390-P-216
4
Paul R. Mastandrea & Kathleen A. Mastandrea
390-P-222 Said properties are identified on drawings marked “Exhibit A”, attached hereto and made part hereof. Entry upon, appropriation and the taking thereof is hereby authorized and directed, for the purpose of reconstructing the Projects.
SECTION 4. NOTICE TO INTERESTED PARTIES
That immediate notice of this Ordinance be given to parties interested therein.
SECTION 5. APPLICATION TO COURT
The Law Department is hereby directed to make application immediately to the Court of Common Pleas of said County for the purpose of having the value of said property legally ascertained.
SECTION 6. 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 continue in full force and effect.
SECTION 7. REPEALER
Any ordinance or any part of an Ordinance conflicting with the provisions of this Ordinance is hereby repealed to the extend of such conflict.