3. court of revision - O’KEEFE MUNICIPAL
DRAIN Modifications tribunale de rÉvision - INSTALLATIONS
MUNICIPALES DE DRAINAGE O’KEEFE |
That Council give third reading to O’Keefe Municipal
Drain By-law.
Que le Conseil étudie le
Règlement sur les installations de drainage municipales O’Keefe en troisième
lecture.
1.
Acting
Deputy City Manager, Public Works and
Services report dated 29 August 2006
(ACS2006-PWS-UTL-0024).
2. Extract of Draft Minutes 33,
Agriculture and Rural Affairs Committee meeting of September 28, 2006.
Agriculture & Rural
Affairs Committee
Comité chargé de l'agriculture
et des questions rurales
Sitting as the Court of Revision under the Drainage
Act, R.S.O. 1990, c.D.17
Siégeant à titre de tribunal
de révision en vertu de la Loi sur le drainage,
L.R.O. 1990, c.D-17
and Council / et au Conseil
29 August 2006 / le 29 août
2006
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 x 22609, Ken.Brothers@ottawa.ca
SUBJECT: |
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OBJET : |
REPORT RECOMMENDATION
That the
Agriculture and Rural Affairs Committee convene a Court of Revision in
accordance with Section 46(3) of the Drainage Act for the O'Keefe
Municipal Drain.
RECOMMANDATION DU RAPPORT
Que le Comité chargé de l’agriculture
et des questions rurales convoque un tribunal de révision concernant les
installations municipales de drainage O'Keefe, conformément aux articles 46(3) de la Loi sur le drainage de l’Ontario.
BACKGROUND
According to its
Terms of Reference, the Agriculture and Rural Affairs Committee is the Court of
Revision for the purposes of the Drainage Act.
Any owner of land assessed for the drainage works who complains that any
land or road has been assessed too high or too low or that any land or road
that should have been assessed has not been assessed, or that due consideration
has not been given as to type of use of land, may personally, or by agent,
appeal to the Court of Revision by giving notice in writing to the Clerk of the
initiating municipality setting out the grounds of the appeal, and the appeal
shall be heard by the Court of Revision.
Thus, the purpose of the Court of Revision for this
sitting is to hear appeals from landowners affected by the proposed maintenance
and improvements of the O'Keefe Municipal Drain. Those appeals, if any, concern the Engineer’s Report, which was
prepared in accordance with the Act and which was adopted by Council on
11 July 2006, after Council gave first and second reading to the “O'Keefe
Municipal Drain By-law, 2006” (“provisional By-law”). The Engineer’s Report was initiated in 2004 to accommodate the
development of a proposed City Snow Disposal Facility.
The O'Keefe Municipal Drain was first constructed in
1967 by the former Township of Nepean.
It is located in the vicinity of Strandherd Road and McKenna-Casey
Drive. The Drainage Act states
that the new City of Ottawa is responsible for municipal drains located within
its geographic boundaries. All costs
associated with this work, including the cost of the Engineer's Report, are
being paid by the City.
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 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 the landowners who will be affected, to review the
proposed modifications (Completed 29 January 2004);
·
Conduct a
Meeting to Consider - consideration by the Agriculture and Rural Affairs
Committee of the Engineer’s Report and the By-law (Annex B) to adopt
this report (22 June 2006);
·
Council approval of the Committee recommendation and first and second
reading of the By-law (11 July 2006);
Þ Convene a Court of Revision - a meeting of the
Agriculture and Rural Affairs Committee, where landowners may appeal their
assessment. The Court of Revision may
direct the Engineer to revise the assessment contained in the Report. All landowners who are affected 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.
The Drainage
Act provides some guidance as to how the Court of Revision is to proceed:
·
Section 55 states that in any appeal to the Court of Revision,
if the Engineer is called upon to give evidence as to how an assessment was
determined, the Engineer must give evidence before the appellant's case is
presented.
·
Section 53 addresses those cases where the ground of appeal is that lands or
roads are assessed too high, and the Court of Revision is satisfied that those
assessments should be reduced. In such
cases, where there is no evidence to indicate that the amount of the reduction
should be levied against lands or roads whose owners are parties to the appeal,
the Court shall adjourn. The Clerk must
then notify such persons as the appellant may specify, who are shown by the
last revised assessment roll to be owners of the land affected. The notification must state the date to
which the hearing is adjourned. At the
renewed date, the Court must dispose of the matter and, where appropriate,
redistribute the assessments in such manner as appears just.
·
If the Court of Revision decides to change an assessment, Section
56 states that notice of the change must be sent to affected owners and the
provisional By-law must be amended accordingly.
·
A party to an appeal to the Court of Revision may appeal
from the Court to the Agriculture, Food
and Rural Affairs Appeal Tribunal (Section 54).
·
After the time for appeals to the Court of Revision has
expired and there are no appeals, or after the appeals have been decided,
Council may give third reading to the provisional By-law, thus authorizing
construction of the drainage works. The
work may be commenced ten days after the By-law is passed, if no notice of intention
to bring an application to quash it has been filed with the Clerk [Section
58(1)].
The Statutory
Powers Procedure Act, R.S.O. 1990, c.S.22 also applies to the Court of
Revision. This report requests that the
Agriculture and Rural Affairs Committee convene a Court of Revision as required
by the Drainage Act.
The Rideau Valley Conservation Authority and
Fisheries and Oceans Canada have been consulted on the project and approval
from both agencies will be required prior to the construction of any drainage
works. The Engineer’s Report provides
that the drain will be constructed incorporating design standards and erosion
control features to minimize the impacts of construction.
Modifications to the O'Keefe Municipal Drain may
impact landowners in the watershed.
Affected landowners have been consulted.
CONSULTATION
The On-site Meeting, as required under the Drainage
Act, was held on 29 January 2004.
Affected landowners, agencies and utilities in the watershed were
notified in advance of the meeting.
All assessed landowners were notified of the Meeting
to Consider the Report and were provided with a copy of the Engineer’s Report.
The Rideau Valley Conservation Authority and
Fisheries and Oceans Canada have been consulted on the project. Approval from both agencies will be required
prior to the construction of any drainage works.
FINANCIAL IMPLICATIONS
This report has no financial implications.
ATTACHMENTS
Document 1 - O'Keefe Municipal
Drain Site Plan
Document 2 - O'Keefe Municipal Drain By-law
Document 3 - Notices of Appeal
DISPOSITION
Staff shall
implement the decisions of the Court of Revision. A separate report shall be forwarded to Council concerning the
outcome of the Court of Revision and, if appropriate, it will be recommended
that Council give third reading to the provisional By-law.
Document 1
O'Keefe Municipal Drain Site
Plan
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 3rd Reading on September 27, 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 , 2006
CITY
CLERK MAYOR
SCHEDULE “A”
Pin Number:
04467-0064 (LT)
Property
Description:
Part of Lot 16,
Concession 4 (Rideau Front), designated as Part 1 on Plan 4R-9045, Nepean,
together with rights as in LT832806, the said rights being a right of way at
all times for the purpose only of vehicular access to and from the said lands,
over, along and on a road 40 feet wide, shown designated as Parts 2 and 3 on
Reference Plan 4R-9045. The cost of
maintenance and repair of the lands comprising the right of way shall be at the
sole cost and expense of the Transferee (the “Transferee” being The Regional
Municipality of Ottawa-Carleton, now the City of Ottawa).
Document 3
Notices of Appeal
None
O'KEEFE MUNICIPAL DRAIN MODIFICATIONS
INSTALLATIONS MUNICIPALES DE DRAINAGE O'KEEFE
ACS2006-PWS-UTL-0024
Moved by Councillor E. El-Chantiry
That the Agriculture
and Rural Affairs Committee recess for the purpose of sitting as the Court of
Revision in accordance with Section 46(3) of the Drainage Act for the O’Keefe Municipal Drain modifications and
that, upon the conclusion of the Court of Revision proceedings, the Committee
meeting resume.
Moved by Councillor E. El-Chantiry
That the Court of Revision recommend
Council give third reading to the O’Keefe Municipal Drain Modifications
By-law.
CARRIED
Moved by Councillor E. El-Chantiry
That
the Court of Revision adjourn and that the meeting of the Agriculture and Rural
Affairs Committee resume.
CARRIED