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A Resolution of the County of Allegheny, Commonwealth of Pennsylvania, authorizing a feasibility study of the Allegheny County Airport Authority, Allegheny County Sanitary Authority ("ALCOSAN"), and the Port Authority of Allegheny County ("Port Authority") for the purpose of evaluating dissolution and/or privatization thereof.
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WHEREAS, by Ordinance No. 35-07-OR effective October 19, 2007, County Council amended and supplemented the Allegheny County Code of Ordinances by establishing a new Article VI to Chapter 210 regarding the dissolution of County authorities; and
WHEREAS, the Allegheny County Airport Authority (the “Airport Authority”), the Allegheny County Sanitary Authority (“Alcosan”) and the Port Authority of Allegheny County (the “Port Authority”) are three of the authorities subject to the Ordinance; and
WHEREAS, the Airport Authority, being vested with the Pittsburgh International Airport (“PIT”) and the County Airport; Alcosan, being vested with the County-wide sewage treatment facilities; and the Port Authority, being vested with the exclusive responsibility to provide mass public transit throughout Allegheny County, control some of the County's largest and most significant facilities; and
WHEREAS, during the course of the Airport Authority's oversight, PIT had been beset with a series of fiscal setbacks, including the loss of hub status by U.S. Airways, the loss of thousands of jobs and hundreds of flights; and
WHEREAS, after more than eight years, the Airport Authority failed to reimburse the County, in full, for $42,500,000 in general obligation bonds the County issued relative to PIT, such that the principal sum of $22,600,000 remains due and owing; and
WHEREAS, Alcosan has, for years, been subject to an environmental enforcement action by the United States Department of Justice concerning Alcosan's failure to abate sanitary sewer overflow and Alcosan has been compelled to submit to a consent decree, which includes a civil fine of $1,200,000, and abatement costs, according to media reports, estimated to be in excess of $1 billion; and
WHEREAS, for decades the Port Authority has incurred significant and substantial operating deficits which have been subsidized annually by the taxpayers of Allegheny County, and for 2008, have required the imposition of a County “Drink Tax” and “Car Rental” tax, additional state subsidies and fare increases; and
WHEREAS, the foregoing raise the need for each of the Airport Authority, Alcosan and the Port Authority to be evaluated for purposes of dissolution or privatization of the facilities thereof;
The Council of the County of Allegheny hereby resolves 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. Feasibility Studies.
A. The County Council Committee on Government Reform (the “Committee”) is hereby charged with conducting feasibility studies of the Airport Authority, Alcosan and the Port Authority for the purpose of evaluating the dissolution of any or all of these authorities or privatizing, by sale, lease or otherwise, the facilities overseen by these authorities.
B. The Committee shall hold such hearings and conduct such other reviews and due diligence as it deems appropriate, including but not limited to the retention of professional consultants, provided however, that such consultants shall be procured in accordance with the provisions of § 5-905.03 of the Administrative Code concerning procurement of professional services.
C. The Committee shall issue an interim report to County Council within ninety (90) days of the date hereof, and shall issue its final report within one hundred eighty (180) days from the date thereof, unless otherwise extended by County Council.
SECTION 3.
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.
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.