HomeMy WebLinkAboutDTS-06-091 - Cross Border Servicing Agreement1
KITCHEaR
Development &
Technical Services
REPORT
Report To: Chair Weylie and Members of DTS Committee
Date of Meeting: June 12, 2006
Submitted By: Rob Shamess, Director of Engineering
Prepared By: George MacDuff, Manager of Development Engineering
Ward(s) Involved: Ward 4
Date of Report: June 7, 2006
Report No.: DTS -06 -091
Subject: Cross Border Servicing Agreement
RECOMMENDATION:
That Mayor and Clerk be authorized to execute a Cross - Border Service Agreement with the
Corporation of the City of Waterloo for the provision of temporary water servicing from the City
of Waterloo in order to service residential development lands (Draft Plan of Subdivision 30T-
01205) within the City of Kitchener, substantially in the form of the draft agreement attached to
Report DTS -06 -091, on terms and conditions satisfactory to the Director of Engineering and City
Solicitor; and
That the Mayor and Clerk be authorized to execute an Agreement with Sunvest Development
Corporation, the developer of the residential development lands to be serviced pursuant to the
Cross - Border Service Agreement with the City of Waterloo, to provide for the costs of
installation, administration and maintenance of the proposed temporary water servicing required
as a condition of approval of Plan of Subdivision 30T- 01205, substantially in the form of the
draft agreement attached to Report DTS -06 -091, on terms and conditions satisfactory to the
Director of Engineering and City Solicitor.
EXECUTIVE SUMMARY:
As a condition of Draft Plan Approval for Plan of Subdivision 30T -01205 (Sunvest /University
Meadows Subdivision), the subdivider is required to make necessary arrangements for the
supply of an adequate water service for this development. The temporary water supply must be
obtained from the City of Waterloo and a Cross - Border Service Agreement pursuant to the
provisions of the Municipal Act, 2001 is required.
As the proposed Cross - Border Service Agreement defines specific maintenance and
administrative requirements, an agreement between the City of Kitchener and Sunvest
Development Corporation is necessary to ensure that adequate securities and administrative
measures have been provided for.
REPORT:
This development area is currently within a low water pressure zone. The Region of Waterloo
plans to initiate infrastructure improvements (post 2007) to allow for adequate water pressure in
this development area, however, the timing for the necessary upgrades conflicts with the
developer's timelines for advancing this residential subdivision. Accordingly, the conditions of
Draft Plan Approval for this Subdivision provided the ability to service these lands temporarily
via water services from the adjacent municipality (City of Waterloo). The provision for this
temporary service requires the completion of a Cross - Border Agreement between the City of
Kitchener and the City of Waterloo which is authorized pursuant to Sections 11 and 20 of the
Municipal Act, 2001.
In order to ensure adequate securities and administrative measures are in place, an agreement
between the subdivider and the City of Kitchener is necessary. This agreement builds upon the
provisions of the Cross - Border Agreement, such that the interests of both the City of Kitchener
and the Developer are protected.
FINANCIAL IMPLICATIONS:
Since this is a developer initiated request, all costs for same shall be borne by the subdivider
pursuant to the proposed Agreement. There are no City of Kitchener expenditures for this
project. Any unanticipated costs incurred as a result of these agreements shall be invoiced to
the subdivider.
CONCLUSION:
In order to provide a temporary water service to allow the development of Draft Plan of
Subdivision 30T -01205 the City can enter into a Cross - Border Service Agreement with the City
of Waterloo, and an agreement with the developer of that subdivision, Sunvest Development
Corporation, to provide for payment of all costs associated with the provision of the temporary
water supply to the lands.
Rob Shamess, P. Eng.
Director of Engineering
George MacDuff, CET
Manager of Development Engineering