Share to Facebook Share to Twitter Bookmark and Share
File #: 2022-0104    Version: 1
Type: Resolution Status: Passed Finally
File created: 2/11/2022 In control: Committee on Public Works
On agenda: 5/25/2022 Final action: 5/31/2022
Enactment date: 5/31/2022 Enactment #: 254
Effective date: 5/31/2022    
Title: Resolution authorizing the Mayor and the Director or Acting Director of the Department of Mobility and Infrastructure, on behalf of the City of Pittsburgh and through the City's Department of Law, to adopt certain settlement terms and enter into a settlement agreement with Norfolk Southern Railway, Manchester Citizens Corporation, Northside Leadership Conference, and Rail Pollution Protection Pittsburgh in order to resolve claims arising from the Application of Norfolk Southern Railway Company for approval to reconstruct the crossing of the North Avenue / Brighton Road bridge docketed at Public Utility Commission Docket No. A-2018-3006432; and from Northside Leadership Conference, et. al, v. Pennsylvania Public Utility Commission appeal docketed at No. 611 CD 2019 in the Commonwealth Court. (Executive Session held 3-1-22)
Attachments: 1. 2022-0104 Cover Letter-Sign_Settlement - NS - North Ave _ Brighton Road Letter_kal, 2. Summary 2022-0104
Title
Resolution authorizing the Mayor and the Director or Acting Director of the Department of Mobility and Infrastructure, on behalf of the City of Pittsburgh and through the City's Department of Law, to adopt certain settlement terms and enter into a settlement agreement with Norfolk Southern Railway, Manchester Citizens Corporation, Northside Leadership Conference, and Rail Pollution Protection Pittsburgh in order to resolve claims arising from the Application of Norfolk Southern Railway Company for approval to reconstruct the crossing of the North Avenue / Brighton Road bridge docketed at Public Utility Commission Docket No. A-2018-3006432; and from Northside Leadership Conference, et. al, v. Pennsylvania Public Utility Commission appeal docketed at No. 611 CD 2019 in the Commonwealth Court.
(Executive Session held 3-1-22)

Body
WHEREAS, the City has participated as an interested party in certain litigation pertaining to Norfolk Southern Railway Company's activities in and around the North Avenue / Brighton Road bridge; and

WHEREAS, the collective parties to the litigation engaged in non-binding mediation in order to reach a full settlement of all outstanding matters; and

WHEREAS, the City believes that adoption of the consensus reached through mediation is in the best interests of the City; and

WHEREAS, the City now wishes to adopt said terms and enter into a settlement agreement reflecting such negotiated terms.


THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PITTSBURGH AS FOLLOWS:

Section 1: The Mayor and the Director or Acting Director of the Department of Mobility and Infrastructure, on behalf of the City of Pittsburgh and through the City's Department of Law, are authorized to adopt certain settlement terms and enter into a settlement agreement with Norfolk Southern Railway, Manchester Citizens Corporation, Northside Leadership Conference, and Rail Pollution Protection Pittsburgh in order to resolve claims arising from the Application ...

Click here for full text