TITLE
An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, authorizing the County to acquire by condemnation, certain coal, oil, gas, limestone, and mineral properties with appurtenant mining rights and certain private roads, pipelines, reversionary interests, gaps and gores situate in the township of Moon, Allegheny County, Pennsylvania, located in the area of the Pittsburgh International Airport and designated as the Mineral Estates Plan of Acquisition - Phase VIII (“MEC VIII”).
BODY
Whereas, the County Council of Allegheny County, Pennsylvania (“Council”) deems it advisable to acquire by condemnation certain rights including mineral estates, easements and other interests of record for the purpose of establishing and maintaining air navigation, access and terminal facilities in furtherance of the Airport Operating Management and Transfer Agreement and Lease dated September 16, 1999 between the County of Allegheny and the Allegheny County Airport Authority and
Whereas, the condemnation herein is authorized by Article IV, Sec. 6 of the Allegheny County Home Rule Charter, Article VII, Sections 701.02 and 703.07 of the Allegheny County Administrative Code, and the Act of 1953 July 28, P.L. 723, Article XXVI, §5601, et seq.
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 Acquire Title to Mineral Estates and Other Property Interests.
The County deems it advisable and necessary to authorize the Law Department, in conjunction with the Allegheny County Airport Authority, 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 Project.
SECTION 3. Authorization to Acquire Property by Condemnation.
The County deems it advisable and necessary to take under the right of eminent domain the property interests described in “Attachment I” appended hereto and made a part hereof. The title to be acquired by the County shall be in fee simple absolute.
The interests condemned and the identity of the persons or corporations whose property is condemned is set forth in “Attachment II” appended hereto and made a part hereof. Said properties are further identified on drawings marked “Attachment III” appended hereto and made part hereof.
SECTION 4. Notice to Interested Parties.
The County directs the Law Department to provide immediate notice of this Ordinance to the record owners of the parcels to be taken.
SECTION 5. Application to Court.
The County directs the Law Department to make immediate application to the Court of Common Pleas of Allegheny County for the purpose of having the value of said property legally ascertained including the filing of declarations of taking and such proceedings related thereto under the law of eminent domain.
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 extent of such conflict.
SUMMARY PAGE
ORDINANCE TO ACQUIRE BY CONDEMNATION MINERAL ESTATES & OTHER PROPERTY INTERESTS IN THE VICINITY OF THE PITTSBURGH INTERNATIONAL AIRPORT (MEC VII)
April 19, 2005
The Ordinance authorizes the acquisition of certain mineral estates and other property interests in the vicinity of the Pittsburgh International Airport for the purpose of establishing and maintaining air navigation, access and terminal facilities in furtherance of the Airport Operating Management and Transfer Agreement and Lease dated September 16, 1999 between the County of Allegheny and the Allegheny County Airport Authority.