Item - 2012.CC27.6

City Council on October 30, 31 and November 1, 2012, adopted the following:

1.         City Council authorize the City Manager, on behalf of the City, to consent to Metrolinx’s request to the Minister of the Environment to take all actions required to substitute Metrolinx for the City and the Toronto Transit Commission (TTC) as the sole proponent of the following Environmental Project Reports,  provided that (i) Metrolinx affirm the scope of the projects as set out in the Environmental Project Reports as previously approved by City Council; (ii) Metrolinx be required to consult the City in advance of any proposed material amendments to the affirmed scope of the projects as set out in the Environmental Project Reports and detailed in the letter (October 29, 2012) from the Metrolinx President and Chief Executive Officer to the Toronto City Manager attached to the report (October 29, 2012) from the City Manager; and (iii) City Council have a right to object or oppose any such proposed amendments:

a.          Eglinton Crosstown Light Rail, Transit Project Assessment Study, March 2010;

b.          Etobicoke-Finch West Light Rail Transit, Transit Project Assessment, Environmental Project Report, March 2010; and

c.         Scarborough Rapid Transit Environmental Project Report, Transit Project Assessment Study, August 2010, updated October 2010.

2.         City Council take the following actions required to implement the real estate transactions identified in the Master Agreement:

a.         City Council exempt from the requirements of City of Toronto Municipal Code, Chapter 213, Sale of Real Property those lands determined by the Chief Corporate Officer to be required for the implementation of the Transit Projects, including the Agincourt Grade Separation Project (the "Transit Lands");

b.         City Council permanently close and exempt any of the Transit Lands constituting public highway from the requirements of Chapter 162 of the Toronto Municipal Code;

c.         City Council direct the appropriate City staff to advise the public of the proposed closures of any Transit Lands, prior to implementation, in accordance with the requirements of the Municipal Class Environmental Assessment for Schedule “A+” activities, by posting notice of the proposed closures on the notices page of the City’s web site;

d.         City Council grant easements for services and utilities in the Transit Lands for nominal consideration in accordance with the terms of the Real Estate Principles in the Master Agreement;

e.         City Council delegate authority to the Chief Corporate Officer to approve the disposal to Metrolinx of certain Transit Lands for nominal consideration, in accordance with the Real Estate Principles identified in the Master Agreement, on terms satisfactory to the Chief Corporate Officer, including the reservation of any easements necessary to protect existing City services, and in a form acceptable to the City Solicitor;

f.          City Council authorize, as the approving authority under the Expropriations Act, the Chief Corporate Officer to dispose of those Transit Lands acquired by expropriation without giving the owner from whom the land was expropriated the first chance to repurchase the land on the terms of the best offer received by the expropriating authority;

g.         City Council exempt the disposition of the Transit Lands from policies generally applicable to the disposal of City land and authorize the Chief Corporate Officer to enter into such additional or other agreements or documents and to do all things deemed appropriate as may, in the opinion of the Chief Corporate Officer or the City Solicitor, be desirable to give effect;

h.         City Council authorize the Director of Real Estate Services to serve and publish Notices of Application for Approval to Expropriate any property interests required to implement the Transit Projects, to forward to the Chief Inquiry Officer any requests for hearing that are received, to attend the hearings to present the City's position and to report the Inquiry Officer's recommendations to City Council for its consideration;

i.          City Council authorize the City Solicitor to complete the transactions on behalf of the City, including paying any necessary expenses, amending the closing and other dates, and amending and waiving terms and conditions, on such terms as she considers appropriate; and

j.          City Council authorize the Chief Corporate Officer to consent on behalf of the City, as owner, to the submission of applications and documents required in connection with any regulatory approvals in respect of the Transit Lands and each of the Chief Corporate Officer and the Director of Real Estate Services be authorized severally to execute any documents required to give effect.

3.         City Council agree to a binding dispute resolution process in the Master Agreement as described in the report (October 23, 2012) from the City Manager to deal with disputes involving the allocation of costs between the parties in respect of City infrastructure.

4.         City Council authorize the City Manager to oversee coordination of the appropriate City divisions and the TTC relative to City responsibilities until the completion of the Transit Projects, and to report back regularly to City Council on any matters that would constitute a material change to the scope of the Transit Projects including amendments to the Environmental Project Reports, and any operational or capital funding requirements resulting from the implementation of the Transit Projects.

5.         City Council authorize the City Manager and the Chief Executive Officer, Toronto Transit Commission, to jointly develop a rates policy for negotiation with Metrolinx as part of the future detailed operating agreement under the Master Agreement for Council and TTC consideration, such policy to include a provision that the TTC set the rates for the transit lines on which the TTC would be operating vehicles.

6.         City Council request that Metrolinx, as part of the Communications Protocol, keep City Councillors informed of construction or other project impacts affecting Toronto communities and neighbourhoods.

7.         City Council direct that the confidential draft Master Agreement remain confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006 as it relates to the security of the property of the municipality or local board and the receiving of advice that is subject to solicitor client privilege.

8.         City Council direct that the final Master Agreement between the City, Metrolinx and the TTC (including all Schedules to it) be made public subject to applicable law, in consultation with Metrolinx and the TTC, once it has been fully executed by all three parties.

The Confidential draft Master Agreement (CC27.6b) submitted by the City Manager remains confidential in its entirety, in accordance with the provisions of the City of Toronto Act, 2006, as it contains information related to the security of the property of the municipality or local board and the receiving of advice that is subject to solicitor client privilege.

The final Master Agreement (including all Schedules to it) between the City, Metrolinx and the Toronto Transit Commission will be made public subject to applicable law, in consultation with Metrolinx and the TTC, once the agreement has been full executed by all three parties.