Condemning the defiance of Council by CSX Transportation, Inc. for its failure to appear and offer testify before a hearing of the Committee on Transportation and Public Utilities, memorializing the vote of the Committee to issue a subpoena to compel the attendance of CSX Transportation, Inc. witnesses at the next hearing before the Committee and reaffirming this Council's unwavering commitment to do everything in its power to protect vital city interests and public assets.

WHEREAS, On October 18, 2005 a hearing was held by the Committee on Transportation and Public Utilities pursuant to Resolution No. 050148 to investigate the operations of CSX Transportation; and

WHEREAS, The Committee had extended an invitation to CSX Transportation, Inc., to appear and present testimony at this hearing; and

WHEREAS, At approximately 4 PM on Monday, October 17, 2005, on the eve of the hearing, CSX Transporation, Inc. sent an email to counsel for the committee declining our invitation to testify, this being the first indication that CSX Transportation would not accept the Committee’s invitation to appear and present testimony; and

WHEREAS, At the outset of the public hearing on October 18, 2005, the Committee on Transportation and Public Utilities deliberated on CSX Transportation, Inc.’s refusal to testify and voted unanimously to issue a subpoena to the corporation to compel it to testify before the Committee; and

WHEREAS, This Council remains unwavering in its commitment to one of the City’s treasures, the Schuylkill River Park and its trails; now therefore

RESOLVED, BY THE COUNCIL OF THE CITY OF PHILADELPHIA, THAT this Council condemns the defiance of Council by CSX Transportation, Inc. for its failure to appear and offer testify before a hearing of the Committee on Transportation and Public Utilities and reaffirms this Council’s unwavering commitment to undertake every legislative and legal means at its disposal to protect the vital city interests and public assets, including the Schuylkill River Park and its trails.

End