Title
Motion of the Council of Allegheny County requiring that the Allegheny County Airport Authority furnish a report delineating all leases of real property that have been executed by the Authority since January 1, 2000 to the Council and Chief Executive no later than November 1, 2008.
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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, 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, Article IV, Section 2(k) of the Home Rule Charter of Allegheny County 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, although Article III, §3.01.D. of the Transfer agreement does empower the Airport Authority t o award leases, concessions and other contract rights at the Airport to third parties when appropriate, Article III, §3.01.E. clearly establishes that the Authority agreed to be bound by all applicable laws of the County; and
WHEREAS, it is accordingly the judgment of Council that the contractual basis for the Authority's leasing power was not intended to and cannot supersede the Home Rule Charter's requirement that an ordinance be passed to permit any lease, conveyance, vacation, abandonment or use of County-owned land or ...
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