An Ordinance authorizing the County of Allegheny to transfer the entirety of Lowries Run/Mt. Nebo Road Loop/Roosevelt Road Extension, County Road Number 1190-02 to Ohio Township.
Whereas, Lowries Run/Mt. Nebo Road Loop/Roosevelt Road Extension, County Road Number 1190-02, was established as a County road by Court of Quarter Sessions No. 3 October Sessions, 1943, approved by the Court November 4, 1943 (see Exhibit A), with the realignment, relocation, and widening of Mt. Nebo Road, and the remainder of Lowries Run/Mt. Nebo Road was transferred to the Pennsylvania Department of Transportation by Act 615; and
Whereas, in order to reduce the mileage of County roads, with its resulting reduction in maintenance responsibility, the County Council of Allegheny County deems it advisable to transfer a portion of a certain County road, known as Lowries Run/Mt. Nebo Road Loop/Roosevelt Road Extension, County Road Number 1190-02, between its intersection with between S.R. 4022 (Mt. Nebo Road by S.R.4049 Nicholson Road) and S.R. 4022 (Mt. Nebo Road at S.R.4057 Roosevelt Road), including any of its adjacent rights-of-way, easements and facilities, within Ohio Township, which is depicted on the Location Map that is marked "Exhibit B" and on the Record Drawing, a schematic straight-line drawing depicting facilities along the road, drawn 1/29/2015, marked "Exhibit C" both being incorporated herein by reference (the "Road"); and
Whereas, Ohio Township by its Ordinance No. 317 enacted April 6. 2015,has indicated its willingness to accept future responsibility for owning and maintaining the Road; and
Whereas, Allegheny County Council deems the conveyance of the Road to Ohio Township to be in the public interest; and
Whereas, in accordance with Section 701.02 E of the County Administrative Code, the County Manager has authorized entering into a Road Transfer Agreement with Ohio Township to transfer the Road by Executive Action No. 5262-15 approved February 17, 2015; and
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 Convey a portion of Lowries Run/Mt. Nebo Road Loop
Council hereby authorizes the transfer and conveyance of the Road, for One Dollar ($1.00) and other valuable consideration, to Ohio Township (the "Township"). The Director of Public Works or his designee is authorized to execute in the name of the County, a Road Transfer Agreement wherein the Township will agree to take possession, ownership and responsibility for future maintenance of the Road following reconstruction of the Road by the County.
Section 3. 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 be in full force and effect.
Section 4. Repealer. Any Resolution or Ordinance or part thereof conflicting with the provisions of this Ordinance is hereby repealed so far as the same affects this Ordinance.