Assumption of Private Sewers and Watermain,

322 Clinton Street (Ward 20 - Trinity Niagara)

The Works and Utilities Committee recommends the adoption of the following report (March 6, 1998) from the Commissioner of Works and Emergency Services:

Purpose:

To assume ownership of a 300 mm sanitary sewer and a 200 mm watermain required to service the proposed development at 322 Clinton Street.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendations:

(1)That approval be given to assume the ownership of a 300 mm sanitary sewer and a 200 mm watermain required to service the proposed development at No. 322 Clinton Street subject to the owner of these properties granting the necessary easement to the City as indicated on Sketch No. EAS-489, in accordance with the terms and conditions outlined in this report and any others the City Solicitor or I may determine necessary; and

(2)that the appropriate City officials be authorized to take whatever action is necessary to implement the foregoing, including the introduction in Council of any Bills that may be required and the execution of the necessary easement agreement.

Council Reference/Background/History:

Not applicable.

Comments and/or Discussion and/or Justification:

On March 13, 1997, the Ontario Municipal Board approved an application filed by BrandyLane Homes (Clinton) Ltd. to construct a nine-unit townhouse development within the subject properties.

To service this development, it is necessary to construct sanitary sewer and watermain on private property with connection to existing municipal services on Clinton Street as shown on Sketch No. EAS-489.

BrandyLane Homes (Clinton) Ltd., the current owner of the properties, has requested that the City of Toronto assume the proposed sanitary and watermain servicing the proposed dwelling units within the subject properties.

Since the private ownership of common sewers and watermains often results in inadequate maintenance and eventual servicing problems, I propose that the developer's request be accepted, subject to the following conditions:

(1)BrandyLane Homes (Clinton) Ltd., the Owner, shall at its cost, provide the design of the watermain and sanitary sewer and storm drainage necessary to service the development. The design shall be undertaken by a Registered Professional Engineer in accordance with my Department's current Standards and Specifications and subject to my approval;

(2)the Owner shall, at its cost, construct the services in accordance with the approved design, under the inspection of a Registered Professional Engineer and by a contractor approved by my Department;

(3)prior to assumption of the services by the City, the Owner shall:

(i)provide, at its own cost, all necessary legal surveys and descriptions for the easement;

(ii)provide certification by the Professional Engineer that the work has been executed in accordance with the approved plans and specifications;

(iii)provide a Letter of Credit in the amount of 25 percent of the cost of the services to be held as a maintenance guarantee for a period of two years;

(iv)for a nominal fee, enter into an Easement Agreement with the City for the maintenance, repair and reconstruction of the services, generally, as indicated on Sketch No. EAS-489, containing the following terms and conditions and any others that the City Solicitor or I may determine to be necessary:

(a)no buildings, structures or work of any kind shall be erected or placed in, under, over, or upon the Easement Lands without the prior written approval of the Commissioner of Works and Emergency Services;

(b)the Owner shall protect the services against damage during any construction or alteration of any buildings or structure on the property, and agrees to provide detailed plans for protection of the services for the review and approval of the Commissioner of Works and Emergency Services prior to commencing any such work;

(c)the City shall have a right of access over the Easement Lands at any time to survey, lay, construct, operate, use, inspect, remove, renew, replace, alter, enlarge, reconstruct, repair, expand, and maintain the services;

(d)the City shall, after each entry, restore the Easement Lands as nearly as possible to their previous condition;

(e)neither the Owner, nor anyone acting for or on behalf of the Owner, shall permit any other utility to be located in, under, over, or upon the Easement Lands, without the prior written approval of the Commissioner of Works and Emergency Services;

(f)any separate drains and private water service connections located or installed in the future in, under, and/or upon the Easement Lands, shall remain the responsibility of the Owner; and

(g)the Owner shall indemnify the City against any action which may be brought against the City with respect to building structures and appurtenances adjacent to the Easement Lands, resulting from or arising out of the City's exercise of the rights transferred to it or arising out of the acquisition of the services and/or the easement, provided such action does not arise out of negligence on the part of the City; and

(4)within six months of completing the servicing work, the Owner shall provide as-built drawings of the services in a reproducible format, and video inspection of the sewer lines.

If the above is not provided, the City will, at its discretion, prepare the documents and draw the associated costs from the Letter of Credit.

BrandyLane Homes (Clinton) Ltd. has agreed in writing to the above terms and conditions.

Conclusions:

Approval should be given to assume ownership of the sewer and watermain servicing 322 Clinton Street at nominal cost.

Contact Name and Telephone Number:

W. Wichmann, City Engineer, Toronto Community Council Area

Phone: (416) 392-7703; Fax: (416) 392-0816

E-Mail: Awwichman@city.toronto.on.ca@

The Works and Utilities Committee submits the following communication (March 18, 1998) from Councillor Joe Pantalone, Trinity Niagara:

As one of the two councillors for the area, I am writing to the members of the Works and Utilities Committee to support the recommendations of Commissioner Gutteridge regarding this item. I regret that I am unable to attend the Committee meeting.

Thank you for your consideration of my views.

 (A copy of Sketch No. EAS-489 referred to in the foregoing report has been forwarded to all Members of Council with the agenda for the Works and Utilities Committee meeting of March 25, 1998, and a copy thereof is on file in the office of the City Clerk.)