Item - 2013.PW20.4
Tracking Status
- City Council adopted this item on February 20 and 21, 2013 without amendments and without debate.
- This item was considered by the Public Works and Infrastructure Committee on January 23, 2013 and adopted without amendment. It will be considered by City Council on February 20 and 21, 2013.
PW20.4 - Delegation of Authority for Crossing Agreements
- Decision Type:
- ACTION
- Status:
- Adopted on Consent
- Wards:
- All
City Council Decision
City Council on February 20 and 21, 2013, adopted the following:
1. City Council delegate standing authority to the Division Heads of Technical Services, Toronto Water, and Transportation Services, as appropriate depending on their respective area of responsibility, to negotiate, enter into and execute on behalf of the City any crossing agreement, crossing permit, or related document required to give effect to an agreement or permit necessary to permit the construction, installation, maintenance, repair, alteration, replacement and expansion of City infrastructure for roads, trails, bike paths or utility purposes, across, over, under or along lands or infrastructure owned by third parties, including, without limitation, any renewals, extensions or subsequent amendments to a crossing agreement or permit (a "Crossing Agreement"), on terms and conditions satisfactory to the applicable Division Head, and in a form satisfactory to the City Solicitor, and to make payments of amounts owing under the crossing agreements or crossing permits, subject to the following conditions:
a. the applicable Division Head is satisfied that the crossing work is part of an approved capital or operating budget;
b. the applicable Division Head is satisfied that the City infrastructure cannot reasonably be located entirely on City lands or in a location that will not cross the lands or infrastructure of a third party; and
c. the applicable Division Head, in consultation with the City Solicitor on legal matters, is of the view that the terms and conditions of the Crossing Agreement are commercially reasonable in the circumstances.
2. City Council also delegate standing authority to the Division Heads referenced in Part 1 above to file any Crossing Agreement with any relevant regulatory or governmental authority (e.g., the Canadian Transportation Agency) if the applicable Division Head determines that such filing is appropriate or necessary.
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2013/pw/bgrd/backgroundfile-54777.pdf
PW20.4 - Delegation of Authority for Crossing Agreements
- Decision Type:
- ACTION
- Status:
- Adopted
- Wards:
- All
Committee Recommendations
The Public Works and Infrastructure Committee recommends that:
1. City Council delegate standing authority to the Division Heads of Technical Services, Toronto Water, and Transportation Services, as appropriate depending on their respective area of responsibility, to negotiate, enter into and execute on behalf of the City any crossing agreement, crossing permit, or related document required to give effect to an agreement or permit necessary to permit the construction, installation, maintenance, repair, alteration, replacement and expansion of City infrastructure for roads, trails, bike paths or utility purposes, across, over, under or along lands or infrastructure owned by third parties, including, without limitation, any renewals, extensions or subsequent amendments to a crossing agreement or permit (a "Crossing Agreement"), on terms and conditions satisfactory to the applicable Division Head, and in a form satisfactory to the City Solicitor, and to make payments of amounts owing under the crossing agreements or crossing permits, subject to the following conditions:
a. the applicable Division Head is satisfied that the crossing work is part of an approved capital or operating budget;
b. the applicable Division Head is satisfied that the City infrastructure cannot reasonably be located entirely on City lands or in a location that will not cross the lands or infrastructure of a third party; and
c. the applicable Division Head, in consultation with the City Solicitor on legal matters, is of the view that the terms and conditions of the Crossing Agreement are commercially reasonable in the circumstances.
2. City Council also delegate standing authority to the Division Heads referenced in Recommendation 1 to the report (January 4, 2013) from the Acting Executive Director, Technical Services, the General Manager, Toronto Water, and the General Manager, Transportation Services, to file any Crossing Agreement with any relevant regulatory or governmental authority (e.g., the Canadian Transportation Agency) if the applicable Division Head determines that such filing is appropriate or necessary.
Origin
Summary
This report seeks standing delegated authority for each of the Division Heads of Technical Services, Toronto Water and Transportation Services, as applicable, to enter into crossing agreements, or permits for construction of a crossing, necessary to allow City infrastructure to cross a third party's lands or infrastructure. This would include sewer and watermain pipes, bridges, tunnels, roads, trails, bike paths, overpasses and underpasses which are required to cross another organization's lands or infrastructure (e.g., railway corridors or oil and gas pipelines) in the course of implementing an approved City capital project. Delegating this standing authority would streamline existing authorities that are available for some of these agreements.
Background Information
https://www.toronto.ca/legdocs/mmis/2013/pw/bgrd/backgroundfile-54777.pdf