Vancouver City Council |
APPROVED BY COUNCIL
APRIL 22, 2004
EXTRACT FROM THE MINUTES
STANDING COMMITTEE ON PLANNING AND ENVIRONMENT
APRIL 22, 2004
9. Richmond Airport Vancouver Rapid Transit Line - Vancouver Access Agreement (File 5559)
Further to receipt of legal advice on international trade agreements and additional details on the Expo and Millennium Line access agreements, Vancouver City Council, at its In-Camera meeting on April 6, 2004, referred this matter to the April 22, 2004 meeting of the Planning and Environment Committee.
Accordingly, the Committee had before it an Administrative Report, dated March 9, 2004, in which the General Manager of Engineering Services in consultation with the Director of Legal Services recommended Council authorize the General Manager of Engineering Services and the Director of Legal Services to negotiate and conclude an access agreement with TransLink for the RAV Line utilizing the principles and terms and conditions set out in the City's existing access agreement as the basis for the Agreement. The City Manager recommended approval.
Wayne Pledger, Manager, Rapid Transit Office, reviewed the report.
MOVED by Councillor Bass
THAT the Committee recommend to Council
A. THAT, subject to Recommendations B and C and D, Council authorize the granting of access to City streets to TransLink for the Richmond Airport Vancouver Rapid Transit Line ("RAV Line") on the following terms:
1. The City grants TransLink access to the City streets to only construct, maintain and operate rapid transit lines (the RAV Line).
2. TransLink indemnifies and saves the City harmless from any action arising from its obligations under this agreement.
3. TransLink confirms the City's right to use and regulate its streets per its statutory authority.
4. TransLink is required to negotiate with the City for the use of the City streets for the display or sale of any non transit goods or services.
5 Both parties (TransLink and City) confirm that neither party will cut off access to the other's infrastructure except during an emergency or unless agreed to.
6. TransLink is required to build the system as per plans provided to the City and competently supervise the work.
7. TransLink agrees to not interfere with other utilities without permission, and if they do, the Province pays relocation costs.8. TransLink will dispose of all excavated material or other material dropped onto the City streets from the rapid transit system.
9. TransLink will provide temporary street facilities if reasonably required to accommodate construction.
10. TransLink will maintain the rapid transit system and keep it in good repair, neat and tidy.
11. Each party is responsible if they damage the other's infrastructure and must pay for repairs.
12. The City may install some of its infrastructure (e.g., a water line) on the rapid transit system.
B. THAT, in addition to the terms set out in Recommendation A above, Council authorize such other terms and conditions and such modifications to the above terms and conditions as are to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services.
C. THAT, upon the General Manager of Engineering Services and the Director of Legal Services being satisfied as to the terms and conditions of the access agreement with TransLink, RAVCO and the successful Proponent for the design, construction and operation of the RAV Line, that the General Manager of Engineering Services and the Director of Legal Services be authorized to execute and deliver the access agreement on behalf of Council.
D. THAT no legal rights or obligations will be created or arise by virtue of Council's approval of Recommendations A and B and C unless and until the access agreement has been executed and delivered by the General Manager of Engineering Services and the Director of Legal Services.
postponed
MOVED by Councillor Cadman
THAT the Committee recommend to Council
THAT the matter of the Richmond Airport Vancouver Rapid Transit Line - Vancouver Access Agreement, be postponed to the Regular Council meeting on May 18, 2004 in order to receive information from the GVTA meeting being held May 7, 2004.
CARRIED UNANIMOUSLY