[HISTORY: Adopted by the County Council of
Allegheny County as indicated in article histories. Amendments noted
where applicable.]
CHARTER REFERENCES
For additional information regarding the powers
of the Legislative Branch of County government, see Art. IV.
ADMINISTRATIVE CODE REFERENCES
For additional information regarding the County's
authority regarding County property, see Part 7.
[Adopted 2-17-2004 by Ord. No. 04-04;
amended in its entirety 12-3-2013 by Ord. No. 25-13]
A.Â
Article IV, § 1.4-402(k), of the Allegheny
County Home Rule Charter (the " Home Rule Charter") vests County Council
with the power and duty by ordinance to permit the use of County land,
buildings or other real or personal property owned by the County.
B.Â
Since adoption of the Home Rule Charter, County Council
has processed numerous ordinances requested by the Department of Public
Works to convey various licenses, rights-of-way, utility easements,
and easements for the use of County real property.
C.Â
Since adoption of the Home Rule Charter, County Council
has also processed numerous ordinances approving the amicable acquisition
of real estate for County public work projects, including, but not
limited to, County roads and bridges.
D.Â
The County Council desires to reduce the time needed
for routine approvals of matter affecting County real estate that
are inefficient, result in project schedule delays, inconvenience
to the public and higher costs of administration.
E.Â
The County Council finds that approving a single ordinance
with respect to matters identified herein will reduce overall delays
and costs for administration and will result in increased efficiencies
with respect to the operation of County government.
No person, public utility, private company,
municipality or municipal authority shall occupy or perform any work
upon or under a County highway or bridge without first securing a
highway occupancy or bridge occupancy permit. County Council does
hereby authorize the Department of Public Works to grant such highway
and bridge occupancy permits so long as such actions shall promote
public safety and welfare and shall not interfere with any existing
or anticipated County governmental function. All such grants shall
be consistent with sound engineering practices and the regulations
of the Department of Public Works in effect on the date hereof or
that may be hereafter adopted. County Council does further authorize
the Director of the Department of Public Works, or his designee, to
take any and all further actions as may be necessary or proper to
carry out the authorization granted herein, including, but not limited
to, the execution of the permits identified in this section. Notwithstanding
the foregoing, County Council shall have the right to rescind or revoke
any action taken under the authority granted herein.
County Council does hereby authorize the Department
of Public Works to grant easements, rights of entry and licenses for
the use of County-owned real estate so long as such actions shall
promote public safety and welfare and shall not interfere with any
existing or anticipated County governmental function. The authorization
granted herein shall include, but not be limited to, execution of
license agreements, rights of entry, authorizations to enter County-owned
property, cooperation agreements with municipalities and third parties,
utility easements, right-of-way agreements, reimbursement agreements
and other instruments that may affect County-owned real estate. Notwithstanding
the above, all such actions shall be subject to approval of the County
Solicitor. County Council does further authorize the Director of the
Department of Public Works, or his designee, to take any and all further
actions as may be necessary or proper to carry out the authorization
granted herein, including, but not limited to, execution of any writings
or instruments identified in this section. Notwithstanding the foregoing,
County Council shall have the right to rescind or revoke any action
taken under the authority granted herein.
County Council does hereby authorize the Department
of Public Works to acquire, by amicable and administrative settlements,
real estate for public works projects within the operating and capital
budgets approved by County Council. Such public works projects shall
include, but are not limited to, construction, reconstruction, replacement,
relocation, installation, repair and expansion of County roads, bridges,
parks and buildings. With respect to the authority provided herein,
the Department may acquire any interest in land it deems appropriate,
including easements, rights-of-way, licenses or title in fee simple
absolute. The Department of Public Works shall be further authorized
to obtain appraisals and title reports, to negotiate and acquire any
required property, rights-of-way and easements, and to prepare any
necessary agreements of sale and deeds or other instruments and notices
evidencing such acquisitions of real estate. Notwithstanding the above,
all such actions shall be subject to approval of the County Manager
and County Solicitor. County Council does further authorize the Director
of the Department of Public Works, or his designee, to take any and
all further actions as may be necessary or proper to carry out the
authorization granted herein, including, but not limited to, execution
of any writings or instruments identified in this section. Notwithstanding
the foregoing, County Council shall have the right to rescind or revoke
any action taken under the authority granted herein.
Nothing contained in this article shall be deemed
to authorize the Department of Public Works to acquire property through
the right of eminent domain and by way of the filing of a declaration
of taking without first seeking approval and authorization of County
Council.
This article shall expire on December 31, 2015.
