title
Resolution approving and authorizing the Mayor and the Director of the Department of Mobility and Infrastructure, on behalf of the City of Pittsburgh, to enter into a right-of-way license agreement or agreements with the Allegheny County Sanitary Authority (“ALCOSAN”) in lieu of permits for the occupation of certain portions of the public right-of-way in the City of Pittsburgh.
body
WHEREAS, ALCOSAN is authorized and empowered by Subsections (d)(4), (5) and (15) of Section 5607 of the Municipality Authorities Act of June 19, 2001, P.L. 287, No. 22, 53 Pa.C.S. §§ 5601-5622, to hold or acquire by lease, purchase or condemnation any lands, rights, easements, franchises and other property, whether real, personal or mixed, deemed necessary or desirable for carrying out its purposes, including, without limitation, to construct, improve, maintain, repair and operate projects; and
WHEREAS, in January 2008, ALCOSAN entered into, and remains subject to, a Consent Decree with the U.S. Department of Justice, the U.S. Environmental Protection Agency, the Pennsylvania Department of Environmental Protection, and the Allegheny County Health Department, as amended, that requires, among other things, improvements to its sanitary sewer system, specifically including infrastructure improvements in the form of a new regional tunnel system, with tunnel segments along the Ohio, Allegheny, and Monongahela Rivers approximately 150 feet below the surface, in order to reduce combined sewer flows by separating stormwater runoff from the sanitary sewer system (the “Tunnel Project”); and
WHEREAS, the completion of the Tunnel Project requires that ALCOSAN occupy certain portions of the public right-of-way, as shown on the plans attached as Exhibit A hereto; and
WHEREAS, to support the Tunnel Project, the City of Pittsburgh is willing to grant ALCOSAN a license or licenses to occupy the aforesaid portions of the right-of-way in lieu of DOMI permits.
Be it resolved by the Council of the City of Pittsburgh as follows:
Section 1. The Mayor and the Director of the Department of Mobility and Infrastructure, on behalf of the City of Pittsburgh, are authorized to enter into a right-of-way license agreement or agreements with ALCOSAN in lieu of permits for the occupation of certain portions of the public right-of-way in the City of Pittsburgh.
Section 2. The duration of the license agreement or agreements shall be for a term of five (5) years. The term of the license agreement or agreements may be extended for one (1) successive two (2) year term.
Section 3. The authorized license agreement or agreements shall be approved by the City Solicitor as to form and substance.
Section 4. The portions of the right-of-way to be occupied by ALCOSAN pursuant to the aforesaid license or licenses are depicted on the plans attached hereto as Exhibit A.
EXHIBIT A
PLANS DEPICTING EASEMENTS AND EASEMENT AREAS.