3. Isaac Moore mUNICIPAL DRAIN ABANDONMENT ABANDON de l’installation de drainage
municipal du ISAAC MOORE |
That Council approve the attached By-law for
the partial abandonment of the Isaac Moore Municipal Drain.
Recommandation du comitÉ
Que le Conseil municipal approuve les règlements municipaux ci-joints concernant l’abandon de l’installation de drainage municipale Isaac Moore.
1.
Acting
Deputy City Manager, Public Works and
Services report dated 17 March 2006 (ACS2006-PWS-UTL-0009).
Report
to/Rapport au:
Agriculture
and Rural Affairs Committee/
Comité chargé de l’agriculture et
des questions rurales
and Council / et au Conseil
17 March 2006 / le 17 March 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
Ward 21 |
|
Ref N°: ACS2006-PWS-UTL-0009 |
SUBJECT: |
Isaac Moore mUNICIPAL DRAIN ABANDONMENT |
OBJET: |
ABANDON de
l’installation de drainage municipal du ISAAC MOORE |
REPORT
RECOMMENDATION
That the Agriculture and Rural Affairs Committee recommend Council
approve the attached By-law for the partial abandonment of the Isaac Moore
Municipal Drain.
RECOMMENDATION DU RAPPORT
Que le Comité de l’agriculture et des questions rurales recommande au Conseil municipal d’approuver les règlements municipaux ci-joints concernant l’abandon de l’installation de drainage municipale Isaac Moore.
BACKGROUND
The Isaac Moore Municipal Drain was first constructed in 1969 under By-law 32-1969 of the former Township of Nepean. As explained in further detail below, this report recommends that part of the Isaac Moore Municipal Drain be abandoned as a Municipal Drain, in accordance with Section 84(5) of the Drainage Act, RSO, 1990, Chapter D.17.
DISCUSSION
The City of Ottawa has received a petition from landowners to abandon the upstream portion of the Isaac Moore Municipal Drain south of Brophy Road in Rideau Ward. The reason for this request is to increase the agricultural productivity of a parcel of land through the installation of a systematic sub-drainage system.
The Isaac Moore Municipal Drain first obtained status as a municipal drain in 1969, as a result of By-law 32-1969 of the former Township of Nepean, which was passed pursuant to the Drainage Act.
Notices of Abandonment of Drainage Works concerning the Isaac Moore Municipal Drain were sent by pre-paid mail to all affected landowners as required under Section 84(1) of the Drainage Act. No requests for a Report of an Engineer to examine the drainage works pursuant to Section 84(1) have been received. Upon Council approval of this recommendation, the City of Ottawa will have no further obligations with respect to the abandoned parts of Isaac Moore Municipal Drain drainage works.
RURAL
IMPLICATIONS
Most of the land in the watershed of the Isaac Moore Municipal Drain is used for agricultural purposes. Part of the Isaac Moore Municipal Drain is to be replaced with an enhanced agricultural sub-drainage system towards improving the agricultural productivity of the land.
CONSULTATION
Affected landowners were notified under Section 84(1) of the Drainage Act and no written requests for a Report of an Engineer on the abandonment have been received.
FINANCIAL IMPLICATIONS
There is no cost to the City for the abandonment of this Municipal Drain.
SUPPORTING DOCUMENTATION
Document 1 - Isaac Moore Municipal Drain
Site Plan
Document 2 - Isaac Moore Municipal Drain Abandonment By-law
DISPOSITION
Upon approval by Council, the Public Works and Services Department will notify the affected landowners and local Conservation Authority of the abandonment of this Municipal Drain.
Document 1
Isaac Moore Municipal
Drain Site Plan
Document 2
Isaac Moore Municipal Drain Abandonment By-law
BY-LAW NO. 2006 -
A By-law of the City of Ottawa to provide for the partial abandonment of drainage works in the City of Ottawa – Part of the main branch, part of branch number 1 and the Trottier branch of the Isaac Moore Municipal Drain.
WHEREAS
the Isaac Moore Municipal Drain By-laws, being By-law number 32-1969 of the
former Township of Nepean were passed pursuant to the Drainage Act (now
R.S.O. 1990, c.D.17);
AND
WHEREAS the lands referred to in the above-mentioned By-law are now included in
the City of Ottawa by virtue of the City of Ottawa Act, 1999, R.S.O.
1999, c. 14, Sched.E;
AND
WHEREAS every By-law of the Township of Nepean 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 Council wishes to abandon part of the drainage works south of Brophy Road, as set out in this By-law, pursuant to Section 84 of the Drainage Act;
AND WHEREAS all owners have been notified of the City’s intention to abandon part of the drainage works pursuant to subsection 84(1) of the Drainage Act;
AND WHEREAS no request for an Engineer’s Report with respect to the abandonment has been received pursuant to subsection 84(3) of the Drainage Act;
AND WHEREAS there are no costs associated with the partial abandonment of the drain;
THEREFORE the Council of the City of Ottawa enacts as follows:
1. The following parts of the Isaac Moore Municipal Drain south of Brophy Road are hereby abandoned:
(a) Pt. Lots 1 and 2 Concession 4 in the former Township of Rideau formerly the Township of North Gower.
2. The City of Ottawa, pursuant to subsection 84(5) of the Drainage Act, has no further obligation with respect to those parts of the drainage works of the Isaac Moore Municipal Drain mentioned in Section 1 of this By-law.
3. This By-law comes into force on the passing thereof and may be cited as the “Isaac Moore Municipal Drain Partial Abandonment By-law, 2006”.
ENACTED AND PASSED THIS day of , 2006
CITY CLERK MAYOR
BY-LAW NO. 2006 -
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A By-law of the City of Ottawa to provide for the partial abandonment of drainage works in the City of Ottawa – Part of the Isaac Moore Municipal Drain.
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Enacted by City Council
at its meeting of *************, 2006
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LEGAL
SERVICES
PR/
COUNCIL
AUTHORITY:
ARAC
Report no. , Item no.
ARAC
Report no. , Item no.