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...
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