Source:Ordinance-1967-593/content
No. 593
AN ORDINANCE—Authorizing the Mayor, the Director of the Department of Public Works, the Director of the Department of Water and the Director of the Department of Lands and Buildings, for and on behalf of the City of Pittsburgh, to enter into a cooperation agreement with the Urban Redevelopment Authority of Pittsburgh, for the redevelopment of Redevelopment Area No. 25—East Street Interchange, in the 23rd and 24th Wards of the City of Pittsburgh, providing for the vacation of certain streets and alleys in said area, the conveyance of all the City's right, title and interest in and to said vacated streets and alleys, and other real property to the Urban Redevelopment Authority of Pittsburgh, providing for non-discrimination in the use of public facilities and setting forth the terms of the agreement.
Whereas, in accordance with the provisions of the Urban Redevelopment Law, Act of May 24, 1945, P. L. 991, as amended, the City Planning Commission of the City of Pittsburgh certified to the Urban Redevelopment Authority of Pittsburgh (hereinafter called "Authority"), a Redevelopment Area in the 23rd and 24th Wards of the City of Pittsburgh, referred to in said certification as "Redevelopment Area No. 25—East Street Interchange" and said Commission nas [sic] prepared a Redevelopment Area Plan, dated September 20, 1967, (hereinafter called the "Plan") for the aforesaid area; and
Whereas, the Plan was forwarded to the Authority, and in conformity with the Plan, the Authority prepared a Proposal, dated October, 1967, for the redevelopment of Redevelopment Area No. 25 (hereinafter called the "Proposal"), and said Proposal was approved by the City Planning Commission; and
Whereas, by Ordinance No. ____ of 1967, the Council of the City of Pittsburgh has approved the aforementioned Proposal for the redevelopment of Redevelopment Area No. 25 in the 23rd and 24th Wards of the City of Pittsburgh; and
Whereas, the said Proposal requires the aid and cooperation of the City of Pittsburgh in the redevelopment of Redevelopment Area No. 25 as set forth in the Proposal and as more particularly set forth hereinafter, all of which is empowered by the terms of the Redevelopment Cooperation Law, Act of May 24, 1945, P. L. 982; and
Whereas, the Council of the City of Pittsburgh desires to aid and cooperate in the redevelopment of Redevelopment Area No. 25 in accordance with the terms and provisions hereinafter set forth.
Now, therefore, the Council of the City of Pittsburgh hereby enacts as follows:
Section 1. That the Mayor, the Director of the Department of Public Works, the Director of the Department of Water, and the Director of the Department of Lands and Buildings, be and they are hereby authorized and directed to enter into a Cooperation Agreement in a form to be approved by the City Solicitor, for and on behalf of the City of Pittsburgh, with the Urban Redevelopment Authority of Pittsburgh (hereinafter referred to as the "Authority"), in substantially the following form:
A. The City of Pittsburgh agrees:
1. To vacate without cost to the Authority, its successors and assigns, or to any redeveloper, except for the cost of advertising and other administrative costs, all streets and alleys, in whole or in part, shown to be vacated within Redevelopment Area No. 25 on Drawing No. 8, Proposed Street Changes, which Drawing is part of the Plan and is on file with the Department of
Public Works of the City, and which Drawing is hereby incorporated by reference and made a part hereof. The vacation will take place after title to all property affected is in the Authority or consents with waiver of damages are given to the City by the owners of the affected property, or the Authority, and in accordance with a work schedule to be agreed upon by the Authority and the City of Pittsburgh in coordination with other site improvements.
2. To convey, without consideration to the Authority all right, title and interest which the City has in said streets and alleys so vacated.
3. To convey, at a fair market value, to the Authority all of its right, title and interest, if any, in and to the followingproperties [sic]:
| Parcel | No. | Location | Block-Lot No. |
|---|---|---|---|
| 21 | 828 Progress Street | 9B-62 | |
| 28 | 817 South Canal Street | 9A-127 | |
| 35 | Madison Avenue and Carpenter Way | 9A-139 | |
| 55A | Madison Avenue | 9A-69 | |
| 119 | Lockhart Street and Back Way | 24N-345 | |
| 122 | Virgin Way & Back Way | 24N-334 | |
| 123 | 824 (rear) Lockhart St. | 24N-349a | |
| 381 | 1306 Madison Avenue | 24E-293 | |
| 383 | 1310 Madison Avenue | 24E-295 | |
| 387 | Madison Avenue | 24E-299 | |
| 407 | 612 North Canal Street | 9A-110 | |
and any and all real property determined from subsequently received preliminary title reports to be wholly or partly owned by the City within Redevelopment Area No. 25, when and as requested by the Authority, and to exonerate and satisfy all tax liens and/or judgments and all other liens and judgments existing in favor of the City of Pittsburgh against the said properties. All expenses, if any, in connection with such conveyance or conveyances are to be borne by the Authority, and further, that consent is hereby granted to the Urban Redevelopment Authority of Pittsburgh to condemn any or all of the above described properties if in the Authority's discretion it deems such action appropriate.
4. To make such changes in the zoning of said Redevelopment Area No. 25 as required by the Zoning Map, attached to the Plan and designated Drawing No. 7.
5. To permit the Authority, its agents or employees, or its Redevolper [sic], the Commonwealth of Pennsylvania, its agents or employees, to enter upon existing and proposed streets to perform the work for street improvements and Agreement and the Proposal, subject to the rules and regulations of the proper authority of the City of Pittsburgh.
6. To permit the Authority, its agents or employees, or its Redeveloper, the Commonwealth of Pennsylvania, its agents or employees, at their cost and expense, to locate, relocate, construct and/or reconstruct or cause to be located, relocated, constructed and/or reconstructed, the public sewers and water lines to be located within the Project Area. All of the aforesaid work to be done in accordance with the plans and specifications approved by the Director of the Department of Public Works and the Director of the Department of Water of the City of Pittsburgh.
7. To abandon, at a time to be agreed upon by the City, the Authority and its Redeveloper, the Commonwealth of Pennsylvania, the public sewer and water lines located within Redevelopment Area No. 25, agreed upon by the City, the Authority and its Redeveloper, the Commonwealth of Pennsylvania to be unnecessary for the service of the said area or other sections of the City.
8. To waive all fees and permit and license charges normally required by the City of Pittsburgh for the public improvements to be made in accordance with this Agreement and the Proposal.
B. The Authority agrees:
To indemnify and save harmless the City from any claims, demands or causes of action whatsoever, if any, arising by reason of the location, relocation, construction, and reconstruction of facilities maintained by public utility companies within Redevelopment Area No. 25 and without said area to the extent made necessary by either the construction to be undertaken by the Redeveloper, the Commonwealth of Pennsylvania, or the vacation of streets as provided for by this Agreement, provided, however, that this undertaking shall not be construed so as to enlarge any rights of such utility companies.
C. The City and the Authority agree that there will be no discrimination in the use of public facilities in Redevelopment Area No. 25 based on race, color, creed or national origin.
(To be executed in proper legal form)
Section 2. That upon the execution and delivery of the Cooperation Agreement described in Section 1 of this Ordinance, the proper officers and departments of the City are directed to prepare necessary ordinances, plans and specifications, execute and deliver deeds, and do such other acts as may be necessary to carry into effect the City's obligations pursuant to said Agreement.
Section 3. That any Ordinance or part of Ordinance, conflicting with the provisions of this Ordinance, be and the same is hereby repealed so far as the same affects this Ordinance.
Passed December 22, 1967.
Approved December 28, 1967.
Ordinance Book 69, Page 271.
