4.             TOMPKINS DIVERSION TO GREY'S CREEK MUNICIPAL DRAIN - ENGINEER'S REPORT

INSTALLATIONS MUNICIPALES DE DRAINAGE - TOMPKINS DIVERSION TO
GREY'S CREEK

 

 

 

COMMITTEE RECOMMENDATION

 

That Council adopt the Engineer's Report for the Tompkins Diversion to Grey's Creek Municipal Drain in Osgoode Ward and give first and second reading to the attached By-law in accordance with Sections 42 and 45 of the Drainage Act of Ontario.

 

Recommandation du comité

 

Que le Conseil municipal approuve le rapport de l'ingénieur concernant les installations municipales de drainage Tompkins Diversion to Grey's Creek et de présenter en première et deuxième lectures le règlement ci-joint, conformément aux articles 42 et 45 de la Loi sur le drainage de l'Ontario.

 

 

 

Documentation

 

1.                  Acting Deputy City Manager, Public Works and Services report dated 23 January 2006 (ACS2006-PWS-UTL-0005).

 

Report to/Rapport au :

 

Agriculture & Rural Affairs Committee

Comité chargé de l'agriculture et des questions rurales

 

and Council / et au Conseil

 

23 January 2006 / le 23 janvier 2006

 

Submitted by/Soumis par : R.G. Hewitt,
Acting Deputy City Manager/Directeur municipal adjoint intérimaire,

Public Works and Services/Services et Travaux publics 

 

Contact Person/Personne ressource : Kenneth J. Brothers, Director/Directeur

Utility Services/Services publics

(613) 580-2424 x22609, Ken.Brothers@ottawa.ca

 

Ward 20

Ref N°: ACS2006-PWS-UTL-0005

 

 

SUBJECT:

TOMPKINS DIVERSION TO GREY'S CREEK MUNICIPAL DRAIN - ENGINEER'S REPORT

 

 

OBJET :

INSTALLATIONS MUNICIPALES DE DRAINAGE - TOMPKINS DIVERSION TO GREY'S CREEK

 

 

REPORT RECOMMENDATION

 

That the Agriculture and Rural Affairs Committee recommend that Council adopt the Engineer's Report for the Tompkins Diversion to Grey's Creek Municipal Drain in Osgoode Ward and give first and second reading to the attached By-law in accordance with Sections 42 and 45 of the Drainage Act of Ontario.

 

RECOMMANDATION DU RAPPORT

 

Que le Comité chargé de l'agriculture et des questions rurales recommande au Conseil municipal d'approuver le rapport de l'ingénieur concernant les installations municipales de drainage Tompkins Diversion to Grey's Creek et de présenter en première et deuxième lectures le règlement ci-joint, conformément aux articles 42 et 45 de la Loi sur le drainage de l'Ontario.

 

BACKGROUND

 

The Tompkins Diversion to Grey's Creek Municipal Drain was first constructed under the Report of an Engineer dated April 1988 by the former Township of Osgoode.  It is located in the vicinity of Manotick Station Road and Mitch Owens Road.  Modifications to the Tompkins Diversion to Grey's Creek Municipal Drain are required to accommodate the Castor Creek Inc.

Emerald Links Phase II subdivisions and, as required under the Drainage Act, Stantec Consulting Ltd. was appointed by Council on 9 March 2005 as the Engineer of Record to prepare a report addressing these changes to the drain.

 

DISCUSSION

 

The Drainage Act prescribes the process and timelines that must be followed for any modification to a municipal drain.  (The "Þ" below indicates the current step in the process for the Tompkins Diversion to Grey's Creek Municipal Drain.)  In brief, the complete process includes:

 

            Appoint an Engineer to prepare the Engineer's Report (Report completed October 2005);

            Conduct an On-site Meeting with affected landowners to review the proposed   modifications, (Completed 10 May 2005);

            Conduct a Meeting to Consider - (The meeting of the Agriculture and Rural Affairs        Committee to consider the Engineer's Report and the By-Law (Document 2) presented      in this report);

            Council approval of the Committee recommendation and first and second reading of the             By-law;

            Convene a Court of Revision - (A meeting of the Agriculture and Rural Affairs   Committee where landowners may appeal their assessment).  Committee may direct the      Engineer to revise the assessment contained in the Report.  All affected landowners must          then be advised of any revisions and the Drainage Act contains provisions for further             appeal by landowners of their assessment;

            Third reading of the By-law at Council;

            Construction of the drainage works; and

            Assessment of the costs to benefiting landowners and road authorities.

 

This report places the Engineer's Report before the Agriculture and Rural Affairs Committee as the Meeting to Consider as required by the Drainage Act.

 

ENVIRONMENTAL IMPLICATIONS

 

The Rideau Valley Conservation Authority have been notified of this undertaking and will be provided with a copy of the adopted Engineer's Report.

 

RURAL IMPLICATIONS

 

The Tompkins Diversion to Grey's Creek Municipal Drain provides legal outlet for agricultural lands and rural roads in Osgoode Ward.  This report addresses the changes to the drain and ensures continued legal and sufficient outlet for these rural lands and roads.

 

CONSULTATION

 

An On-Site Meeting was held with the affected landowners on 10 May 2005 in accordance with Section 9(1) of the Drainage Act, R.S.O 1990.  All assessed and affected landowners will be notified of the date and location of the Meeting to Consider the Engineer's Report and will be provided with a copy of the report in advance of the meeting.  The Rideau Valley Conservation Authority and Fisheries and Oceans Canada have also been notified of this undertaking.

 

FINANCIAL IMPLICATIONS

 

As stated in the Engineer's Report, the entire cost of the Engineer's Report and associated drainage works is to be paid by the landowner who requires the modifications to the drain, Castor Creek Inc.  The initial cost of the Engineer's Report has been paid by the City and will be recovered through an assessment under the Drainage Act.

 

SUPPORTING DOCUMENTATION

 

Document 1 - Drainage Area & Property Ownership Plan

Document 2 - Tompkins Diversion to Grey's Creek Municipal Drain By-law

 

DISPOSITION

 

Upon approval by Council, staff will notify all assessed landowners of the decision of Council and the date and location of the Court of Revision.

 

 

Document 2

 

BY-LAW NO. 2006 -

 

                        A by-law of the City of Ottawa to provide for the improvement of drainage works in the City of Ottawa - Modification of Tompkins Diversion to Grey’s Creek Municipal Drain.

 

                        WHEREAS the Tompkins Branch of the Nolan Municipal Drain was originally constructed under By-law 19-1968 of the former Township of Osgoode. The Tompkins Diversion to Grey’s Creek Municipal Drain was constructed under By-law Number 64-1988 of the former Township of Osgoode, to divert flows south to the Grey’s Creek Municipal Drain. Both By-laws 19-1968, and 64-1988, were passed pursuant to the Drainage Act (now the Drainage Act, R.S.O. 1990, c. D.17);

 

                        AND WHEREAS a portion of the lands referred to in By-law Number 64-1988 of the former Osgoode, Osgoode Ward are now included in the City of Ottawa by virtue of the City of Ottawa Act, 1999, S.O. 1999, c. 14, Sched. E;

 

                        AND WHEREAS every By-law of the Township of Osgoode, Osgoode Ward is deemed to be a By-law of the City of Ottawa pursuant to Section 5(6) of the said City of Ottawa Act, 1999;

 

                        AND WHEREAS an engineer was appointed by the City of Ottawa pursuant to section 78(1) of the Drainage Act, and a report has been procured, made by Stantec Consulting Ltd., and the report is on file with the City Clerk;

 

                        AND WHEREAS the Tompkins Diversion to Grey’s Creek Municipal Drain, after it is modified pursuant to this By-law will drain the following roads and lands: 

 

City of Ottawa, formerly the geographic Township of Osgoode, Osgoode Ward, more specifically Lots 1, 2, and 3, Concession 3;

 

                        AND WHEREAS the owner of Part of Lot 2, Concession 3 of the former Township of Osgoode, more particularly described in Schedule “A”, shall pay the entire cost of the construction of the drainage works, including the drain maintenance, flow control culvert, road culvert, engineering, inspection, and all costs associated with the Engineer’s Report including the costs of preparing the report, a meeting to consider the report and a Court of Revision, estimated to be $27,000.00;

 

                        AND WHEREAS Council of the City of Ottawa is of the opinion that the drainage of the area is desirable;

 

                        AND WHEREAS Council of the City of Ottawa considers it desirable to give this By-law 1st and 2nd Reading on March 8, 2006 so that it is provisionally adopted pursuant to Section 45 of the Drainage Act;

 

THEREFORE the Council of the City of Ottawa enacts as follows:

 

1.                     The report entitled Engineer’s Report for the Tompkins Diversion to Grey’s Creek Municipal Drain, dated October 2005, filed with the City Clerk, is hereby adopted and the drainage works as therein indicated and set forth is hereby authorized and shall be completed in accordance therewith.

 

2.                     The owner of Part of Lot 2, Concession 3 of the former Township of Osgoode, more particularly described in Schedule “A”, shall pay the entire cost of construction of the drainage works, including the costs associated with the Engineer’s Report.

 

3.                     This By-law includes Schedule “A” annexed hereto and Schedule “A” is hereby declared to form part of this By-law and comes into force on the passing thereof and may be cited as the “Modification of the Tompkins Diversion to Grey’s Creek Municipal Drain, By-Law 2006”.

 

                        ENACTED AND PASSED this            day of                      , 2006

 

 

 

 

 

                        CITY CLERK                                                             MAYOR

SCHEDULE “A”

 

Pin Number:

 

00000-0000 (LT)

 

Property Description:

 

PT LT 2 CON 3, Township of Osgoode

 

 

 

BY-LAW NO. 2006 -

 

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A By-law of the City of Ottawa to provide for the improvement of drainage works in the City of Ottawa - Modification of the Tompkins Diversion to Grey’s Creek Municipal Drain.

 

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1st Reading….…….……March 8, 2006

2nd Reading……….……March 8, 2006

3rd Reading………….…                   , 2006

 

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Enacted by City Council at its meeting of            March 8, 2006.

 

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LEGAL SERVICES

CLC/

 

COUNCIL AUTHORITY:

City Council March 9, 2005

ARAC Report 8, Item 5

City Council March 8, 2006

ARAC Report ____, Item ______

ARAC (sitting as the Court of Revision under the Drainage Act), February 23, 2006