Authority for Toronto Water Capital Construction Projects Pertaining to Real Property Interests

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The decision

2019-12-17 · Toronto City Council · adopted

As filed

City Council on December 17 and 18, 2019, adopted the following: 1. City Council authorize the General Manager, Toronto Water, and/or the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the Executive Director, Corporate Real Estate Management, to approve the payment of compensation for the purpose of securing property rights to implement a project funded by Toronto Water, provided that: a.

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such compensation is paid pursuant to an agreement otherwise authorized and executed in accordance with Item 2017.EX27.12 headed "City-Wide Real Estate - Delegated Authorities Framework and Transition Plan", as amended or codified; and b. such authority is exercised in accordance with the confidential instructions to staff in Confidential Attachment 1 to the report (November 29, 2019) from the Executive Director, Corporate Real Estate Management, and the General Manager, Toronto Water. 2. City Council amend the existing delegated approval and signing authorities adopted by City Council on October 2, 3, and 4, 2017 in Item 2017.EX27.12 headed "City-Wide Real Estate - Delegated Authorities Framework and Transition Plan", as follows: a. repeal and replace the existing General Conditions (E) and (F) in Appendix A with the following General Conditions: (E) Property interests are to be based on appraised market value and no interest shall be granted for an amount less than the appraised market value, nor additional compensation paid, unless specifically authorized by City Council. (F) Authority to approve any transaction is subject to statutory anti-bonusing provisions. 3. City Council direct that Confidential Attachment 1 to the report (November 29, 2019) from the Executive Director, Corporate Real Estate Management, and the General Manager, Toronto Water remain confidential in its entirety as it pertains to an approach to be applied to negotiations to be carried on by, or on behalf of, the City of Toronto. 4. City Council authorize the City Solicitor, in consultation with the City Clerk, to introduce the necessary Bill in Council to amend the City of Toronto Municipal Code to include the delegated authorities of staff in Real Estate Matters, as approved by City Council, and as amended from time to time. Revised Confidential Attachment 1 to the report (November 29, 2019) from the Executive Director, Corporate Real Estate Management and the General Manager, Toronto Water remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to an approach to be applied to negotiations to be carried on by, or on behalf of, the City of Toronto.

On the agenda

As the city filed it

Toronto Water has over 16,600 kilometers of linear underground infrastructure, the majority of which is old and requires replacement and rehabilitation. Toronto Water has allocated over $5.5 billion in their 10 Year Capital Plan to replace, rehabilitate, and add linear underground infrastructure located across the City. To facilitate timely construction of critical Toronto Water capital projects, including the State of Good Repair projects, staff recommend that City Council authorize Toronto Water and Engineering and Construction Services, working with Corporate Real Estate Management, to approve the confidential instructions set out in Confidential Attachment 1.

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Staff further recommend that City Council amend the current delegated authority for real estate transactions to permit transactions involving this approach to proceed, where applicable.

Staff recommended

The Executive Director, Corporate Real Estate Management and the General Manager, Toronto Water, recommend that: 1. City Council authorize the General Manager, Toronto Water, and/or the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with Executive Director, Corporate Real Estate Management, to approve the payment of compensation for the purpose of securing property rights to implement a project funded by Toronto Water, provided that: a.

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such compensation is paid pursuant to an agreement otherwise authorized and executed in accordance with EX27.12, City-Wide Real Estate - Delegated Authorities Framework and Transition Plan, as amended or codified; and b. such authority is exercised in accordance with the confidential instructions contained in Confidential Attachment 1. 2. City Council amend the existing delegated approval and signing authorities adopted by City Council on October 2, 3, and 4, 2017 in Item EX27.12, as follows: a. repeal and replace the existing General Conditions (E) and (F) with the following General Conditions: (E) Property interests are to be based on appraised market value and no interest shall be granted for an amount less than the appraised market value, nor additional compensation paid, unless specifically authorized by City Council. (F) Authority to approve any transaction is subject to statutory anti-bonusing provisions. 3. City Council direct that the confidential information in Confidential Attachment 1 remain confidential in its entirety, as it pertains to an approach to be applied to negotiations to be carried on by, or on behalf of, the City of Toronto.

Considered

2019-12-02 · General Government and Licensing Committee · amended
Decision as filed
The General Government and Licensing Committee recommends that: 1. City Council authorize the General Manager, Toronto Water, and/or the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the Executive Director, Corporate Real Estate Management, to approve the payment of compensation for the purpose of securing property rights to implement a project funded by Toronto Water, provided that: a.
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such compensation is paid pursuant to an agreement otherwise authorized and executed in accordance with Item EX27.12, City-Wide Real Estate - Delegated Authorities Framework and Transition Plan, as amended or codified; and b. such authority is exercised in accordance with the confidential instructions contained in Confidential Attachment 1 to the report (November 29, 2019) from the Executive Director, Corporate Real Estate Management, and the General Manager, Toronto Water. 2. City Council amend the existing delegated approval and signing authorities adopted by City Council on October 2, 3, and 4, 2017 in Item EX27.12, City-Wide Real Estate - Delegated Authorities Framework and Transition Plan, as follows: a. repeal and replace the existing General Conditions (E) and (F) with the following General Conditions: (E) Property interests are to be based on appraised market value and no interest shall be granted for an amount less than the appraised market value, nor additional compensation paid, unless specifically authorized by City Council. (F) Authority to approve any transaction is subject to statutory anti-bonusing provisions. 3. City Council direct that the confidential information contained in Confidential Attachment 1 to the report (November 29, 2019) from the Executive Director, Corporate Real Estate Management, and the General Manager, Toronto Water, remain confidential in its entirety, as it pertains to an approach to be applied to negotiations to be carried on by, or on behalf of, the City of Toronto. 4. City Council authorize the City Solicitor, in consultation with the City Clerk, to introduce the necessary Bill in Council to amend the City of Toronto Municipal Code to include the delegated authorities of staff in Real Estate Matters, as approved by City Council, and as amended from time to time.
2019-12-17 · Toronto City Council · adopted

On the record

The item as the City filed it

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