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Motion of the Council of Allegheny County approving the settlement of litigation captioned as County Council v. Fitzgerald, et. al., and docketed at GD 23-11396.
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Whereas, on September 15, 2023, the County of Allegheny executed an agreement with Adelphoi Western Region, Inc. for the use of the former Shuman Center property as a juvenile detention facility; and
Whereas, on September 26, 2023, Council approved Bill No. 12813-23, a motion directing its solicitor to seek a declaratory judgment determining the need for Council’s approval of this contract pursuant to Article IV, §2(k) of the Home Rule Charter of Allegheny County, which vests Allegheny County Council with the power and duty to “[b]y ordinance, lease, convey, vacate abandon, or permit the use of County land, buildings, or other real or personal property.”; and
Whereas, on August 2, 2024, Council’s solicitor and a delegation of Council members met with Judge Emery and the attorneys for the Chief Executive and Adelphoi in an effort to resolve the declaratory judgment action; and
Whereas, after lengthy settlement negotiations, the outlines of the settlement were put on the record with the clear indication that (a) the parties would finalize a mutually agreeable order memorializing the settlement terms, and (b) the full Council would have to approve any settlement before it becomes final; and
Whereas, a consent order, attached to this motion as Exhibit A (“Consent Order”), memorializing the agreement terms has been agreed to by the parties, and this decree requires Council’s approval prior to its execution by Judge Emery; and
Whereas, it is the desire of Council to approve the Consent Order as negotiated;
The Council of the County of Allegheny therefore hereby moves as follows:
Council hereby approves the Consent Order and authorizes Council’s President and Council’s Solicitor to affix their consent thereto