Report
to/Rapport au :
Agriculture & Rural Affairs Committee
Comité de l'agriculture et des
questions rurales
and Council / et au Conseil
Submitted by/Soumis par : R.G. Hewitt,
Acting Deputy City Manager/Directeur municipal adjoint par intérim,
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
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SUBJECT: |
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OBJET : |
REPORT RECOMMENDATION
That the Agriculture and Rural Affairs Committee recommend Council adopt the Engineer's Report for the O'Keefe Municipal Drain in Nepean 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 de l’agriculture et des questions
rurales recommande au Conseil municipal d’approuver le rapport de l’ingénieur
concernant les installations municipales de drainage O'Keefe 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 City of Ottawa intends to construct the Strandherd snow disposal facility in the vicinity of McKenna-Casey Road and Strandherd Road, in Bell-South Nepean Ward. The O'Keefe Municipal Drain runs through the proposed location and must be relocated to accommodate the new facility. Section 78 of the Drainage Act, R.S.O. 1990, requires that an Engineer be appointed by the Council of the Municipality whose duty it is to maintain and repair the drainage works or any part thereof to prepare a report regarding these modifications. The firm of Robinson Consultants Inc. was appointed as the Engineer of record by Council on 10 March 2004.
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 steps in the process for the
O'Keefe Municipal Drain.) In brief, the
complete process includes:
· Appoint an Engineer to prepare the
Engineer’s Report (Report completed March 2006);
· Conduct an On-site Meeting with
affected landowners to review the proposed modifications,
(Completed 29 January 2004);
Þ 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 at the Meeting to Consider as required by the Drainage Act.
ENVIRONMENTAL IMPLICATIONS
The Rideau Valley Conservation Authority and Fisheries and Oceans Canada have been consulted on this undertaking and will be provided with a copy of the adopted Engineer's Report.
The O'Keefe Municipal Drain provides legal outlet for agricultural lands and rural roads in Nepean 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 29 January 2004 in
accordance with Section 9(1) of the Drainage Act, R.S.O
1990. Assessed landowners were notified
of the date and location of the Meeting to Consider the Engineer's Report and
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 City of Ottawa which require the modifications to the drain to accommodate the new Strandherd Snow Disposal Facility. Funds are available in the 2006 Capital Budget in Internal Order 903506 Snow Disposal Facilities for the Engineer’s Report, and in Internal Order 903722 Strandherd Snow Disposal Facility for the relocation of the drain.
SUPPORTING DOCUMENTATION
Document 1 - Drainage Area Plan
Document 2 - O'Keefe 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 the O’Keefe Municipal Drain.
WHEREAS the O’Keefe Municipal Drain was originally constructed under By-law number 17-68 of the former Corporation of the Township of Nepean and By-law 17-68 was enacted on July 13, 1970 pursuant to the Drainage Act, 1962-63 (now the Drainage Act, R.S.O. 1990, c. D.17);
AND WHEREAS all of the lands referred to in By-law number 17-68 of the former Corporation of the Township of Nepean, 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 old municipality of City 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 an Engineer was appointed by the City of Ottawa pursuant to section 78(1) of the Drainage Act, a report dated March 2006 entitled “Engineer’s Report O’Keefe Municipal Drain Modifications and Improvements” was prepared and provided to the City of Ottawa by Robinson Consultants Inc., and the report is on file with the City Clerk;
AND WHEREAS the O’Keefe Municipal Drain, after it is modified pursuant to this By-law, will drain the following roads and lands: Parts of Lots 14 to 26, Concessions 4 and 5 (Rideau Front), Nepean (now City of Ottawa);
AND WHEREAS Council of the City of Ottawa is of the opinion that, for the continued use and maintenance of the drainage works, it is considered expedient to alter and improve the drainage works and to construct, reconstruct or extend embankments, walls, dykes, dams, reservoirs, bridges, pumping stations and other protective works as ancillary to the drainage works as provided for in section 78(1) of the Drainage Act;
AND WHEREAS the owner of Part of Lot 16, Concession 4 (Rideau Front), Nepean, which lands are more particularly described in Schedule “A” (the “Lands”), shall pay the entire cost of the construction of the drainage works, including the drain maintenance, flow control culverts, road culverts, 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 all sittings of the Court of Revision;
AND WHEREAS the current registered owner of the Lands is The Regional Municipality of Ottawa-Carleton;
AND WHEREAS all the assets and liabilities of the old municipality of the Regional Municipality of Ottawa-Carleton became the assets and liabilities of the City of Ottawa on January 1, 2001 pursuant to Section 5.(3) (b) of the City of Ottawa Act, 1999 so that the City of Ottawa is the actual owner of the Lands;
AND WHEREAS Council of the City of Ottawa considers it desirable to give this By-law 1st, and 2nd Readings on July 12, 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 O’Keefe Municipal Drain Modifications and Improvements dated March 2006, filed with the City Clerk, is hereby adopted and the drainage works as therein indicated and set forth are hereby authorized and shall be completed in accordance therewith;
2. The City of Ottawa, as owner of Part of Lot 16, Concession 4 (Rideau Front) more particularly described in Schedule “A”, shall pay the entire cost of the construction of the drainage works including the drain maintenance, flow control culverts, road culverts, 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 all sittings of the Court of Revision;
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 O’Keefe Municipal Drain, By-law 2006 - ”.
ENACTED AND PASSED this day of July, 2006
CITY CLERK MAYOR
SCHEDULE “A”
Pin Number:
04467-0064 (LT)
Property Description: