Item - 2017.PW22.1

The Public Works and Infrastructure Committee recommends that:

1.  City Council authorize the General Manager of Toronto Water to negotiate and, where acceptable to the General Manager, enter into, and execute on behalf of the City an agreement with the Ontario Ministry of Transportation (MTO) for the relocation by the MTO of the municipal watermain and related infrastructure located predominantly within the provincial highway lands at Highway 401 and Leslie Street, on terms and conditions satisfactory to the General Manager and in a form satisfactory to the City Solicitor. The agreement will include, without limitation, the respective parties' obligations related to construction, cost sharing and regulatory approvals.

2.  City Council delegate authority to the General Manager of Toronto Water to negotiate and, where acceptable to the General Manager, enter into, and execute on behalf of the City agreements with Ontario Ministry of Transportation (MTO), as may be required from time to time, for the relocation of municipal sewer and/or water infrastructure located within provincial highway lands as a result of provincial highway realignment or reconstruction, on terms and conditions satisfactory to the General Manager and in a form satisfactory to the City Solicitor. The agreements will include, without limitation, the respective parties' obligations for construction, cost sharing and regulatory approvals and may include that the work be undertaken by the MTO. This authority shall be subject to the General Manager having sufficient funds available in the Approved Toronto Water Capital Plan prior to entering into an agreement requiring that any costs be paid by the City.

3.  City Council authorize the General Manager of Toronto Water to apply for and obtain an encroachment permit (including without limitation any renewals, extensions or amendments thereof) from the Ontario Ministry of Transportation (MTO) to permit the encroachment of the relocated municipal watermain and related infrastructure upon the provincial highway lands at Highway 401 and Leslie Street, on terms and conditions satisfactory to the General Manager and in a form satisfactory to the City Solicitor.

4.  City Council delegate authority to the General Manager of Toronto Water to apply for and obtain, from time to time, encroachment permits (including without limitation any renewals, extensions or amendments thereof) from the Ontario Ministry of Transportation (MTO) for any existing or future municipal sewer and/or water infrastructure encroaching upon provincial highway lands, on terms and conditions satisfactory to the General Manager and in a form satisfactory to the City Solicitor, and to make payments of amounts owing under such encroachment permits as required.

This report seeks authority for the General Manager of Toronto Water (the "General Manager") to negotiate and, where acceptable to the General Manager, enter into and execute a construction and cost sharing agreement with the Ontario Ministry of Transportation ("MTO") for the relocation of a municipal watermain located within the provincial highway lands at Highway 401 and Leslie Street.  The relocation work is to be undertaken by the MTO.

This report also seeks delegated authority for the General Manager to negotiate and, where acceptable to the General Manager, enter into and execute further agreements with the MTO, as may be required from time to time, for the relocation of municipal sewer and/or water infrastructure within provincial highway lands as a result of provincial highway realignment or reconstruction work.

This report further seeks delegated authority for the General Manager to apply for and obtain an encroachment permit from the MTO to permit the encroachment of the relocated watermain upon provincial highway lands at Highway 401 and Leslie Street and delegated authority for the General Manager to apply for and obtain, from time to time, encroachment permits and renewals thereof from the MTO for any existing or future municipal sewer and/or water infrastructure encroaching upon provincial highway lands.