local newspaper as required. The time period for seeking an inquiry into whether or not the taking of land is fair and reasonable has expired.

Discussion:

Since receiving the notice, counsel for Hiram Walkers have been in discussion with the City’s lawyer on this issue. Recently, they have advised that upon further review, the City’s offer to obtain the land based on its appraised value of the property of $144,000 plus any applicable taxes, is acceptable to the company.

It was agreed that the expropriation would therefore proceed, subject to City Council’s approval, on a friendly basis as a way to transfer good title in land for the compensation agreed upon.

Risk Analysis:

This resolution would provide the City with the necessary lands for the road work and the statue at the appraised value. If this recommendation is not approved, another location would be needed for the statue placement with unknown additional costs.

Financial Matters:

The Riverside / Devonshire project 7185001, has an approved capital budget of $1,000,000. While the remaining funding for the project is sufficient to complete the necessary work, it is not clear if it is sufficient to also cover the entire land acquisition costs. As a cautionary measure Administration has identified that the 2019 City Wide Road Rehab project 7181040, which has sufficient funding, could be leveraged for the Riverside/Devonshire project if deficit equal to or less than the $144,000 plus applicable costs for the land acquisition occurs. As the need for this funding is not certain, the recommendation only allows for transferring these funds once the Riverside/Devonshire project is complete and the actual deficit amount known. Sufficient funding remains in project 7181040 to cover this expense

Consultations:

Frank Scarfone, Manager Real Estate Services,

Jan Wilson, Corporate Leader of Parks, Recreation, Culture and Facilities

Melissa Osborne/Victor Ferranti, Asset Planning

Conclusion:

That the City Council of the City of Windsor approve the expropriation of the above described lands and that the City Solicitor be authorized to proceed with a Certificate of Approval to be executed by the City Clerk and Chief Administrative Officer and the registration of a Plan of Expropriation and all other documents necessary to complete the transaction in exchange for the payment to Hiram Walkers of the appraised value of the land and any applicable taxes or fees.