ADMINISTRATIVE REPORT Date: October 10, 1995 Dept. File No. 120 616(5003) TO: Vancouver City Council FROM: General Manager of Engineering Services SUBJECT: Agreement for Gas Main on Burrard Bridge RECOMMENDATION THAT the City enter into an agreement with BC Gas for the installation and maintenance of a new gas main on the Burrard Bridge on terms and conditions satisfactory to the City's General Manager of Engineering Services and the Director of Legal Services and that the Director of Legal Services be authorized to execute such an agreement on behalf of the City. COUNCIL POLICY Legal agreements regarding major utility rights-of-way are to be approved by Council PURPOSE This report seeks Council's approval for the City to enter into a legal agreement with BC Gas for the gas main on the Burrard Bridge. BACKGROUND The existing 12-inch diameter high pressure gas main on the Burrard Bridge is located there pursuant to an agreement dated in 1955 between the City and B.C. Electric Company. This agreement has since expired and the successor to B.C. Electric, BC Gas, now wish to rebuild the gas line to maintain its functional adequacy. Although there is a general agreement in place with BC Gas to cover their facilities in the city, staff are negotiating a separate agreement for the Burrard Bridge, wherein BC Gas would assume all related costs and liabilities for the new gas line and indemnify the City for all costs related to their use of the bridge for a term of 30 years. COMPENSATION TO THE CITY At the June 27, 1995 meeting, Council directed that this report be deferred pending a review of the issue of fees in connection with the proposed agreement with BC Gas. The issue of fees has been reviewed by Engineering Services staff. Based on this review, it is recommended that BC Gas be permitted to construct and maintain the new gas main on the bridge without paying the City a fee. The reasons are as follows: 1. By indemnifying the City for all liabilities the agreement in itself represents a significant benefit to the City. 2. The City does not incur any costs related to the bridge and its maintenance as a result of the gas main. 3. BC Gas do not pay any fees on their facilities elsewhere in the city. However, they do pay the City about $1.7 M annually as a grant-in-lieu of taxes based on their gross revenue. 4. A fee on the Burrard Bridge may cause BC Gas to apply for an increase in its regulated rates, which if approved by the BCUC would pass payment of the fee on to consumers in Vancouver. CONCLUSION The General Manager of Engineering Services recommends that BC Gas be permitted to rebuild and maintain the gas line on the Burrard Bridge, subject to entering into an agreement satisfactory to the Director of Legal Services and the General Manager of Engineering Services. * * * * *