2. PADEN ROAD MUNICIPAL DRAIN
COURT OF REVISION COMMISSION DE REVISION
DU DRAIN MUNICIPAL DU CHEMIN PADEN |
Committee recommendations
That Council:
1.
Approve the assessments as outlined in the Engineer's
Report; and
2.
Give third reading to the Paden Road Municipal Drain
By-law.
RecommandationS du Comité
Que le Conseil
1.
approuve
les évaluations décrites dans le rapport de l'ingénieur:
2.
lise
une troisième fois le Règlement municipal sur les installations municipales de
drainage Paden Road.
Documentation
1.
Deputy
City Manager's report Planning, Transit
and the Environment dated 22 September 2008 (ACS2008-PWS-WWS-0024).
2. Extract
Draft Minutes, 9 October 2008.
Report
to / Rapport au:
Agriculture
and Rural Affairs Committee /
Comité de l’agriculture et des
questions rurales
and Council / et au Conseil
22
September 2008 / le 22 septembre 2008
Submitted
by / Soumis par: R.G. Hewitt,
Deputy City Manager / Directeur
municipal adjoint
Public
Works and Services / Services et Travaux publics
Contact Person / Personne ressource: Dixon Weir, Director /
Directeur
Water and Wastewater Services / Services de l’eau et des
eaux usées
613-580-2424, x22002 Dixon.Weir@ottawa.ca
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Rideau-Goulbourn (21) |
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Ref N°:
ACS2008-PWS-WWS-0024 |
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SUBJECT: |
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OBJET : |
REPORT RECOMMENDATIONS
That the Agriculture and
Rural Affairs Committee, in its capacity as the Court of Revision:
1.
Approve the assessments as outlined in the Engineer's
Report; and
2.
Recommend Council give third reading to the Paden Road
Municipal Drain By-law.
RECOMMANDATIONS DU
RAPPORT
Que
le Comité chargé de l'agriculture et des questions rurales, en sa qualité de
tribunal de révision:
1.
approuve
les évaluations décrites dans le rapport de l'ingénieur:
2.
recommande
au Conseil municipal de lire une troisième fois le Règlement municipal sur les
installations municipales de drainage Paden Road.
BACKGROUND
The Paden Road Municipal Drain is located immediately south of Paden Road, east of Weedmark Road, in Rideau Ward.
The Paden Road Municipal Drain was initiated by petition under Section 4 of the Drainage Act, RSO, 1990, c.17. Robinson Consultants Inc. were subsequently appointed by Council on 12 October 2005, to prepare an Engineer’s Report.
According to its Terms of Reference, the Agriculture and Rural Affairs Committee is the Court of Revision for the Purposes of the Drainage Act. According to Section 52(1) 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 construction and future maintenance of the Paden Road 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 10 September 2008, after Council gave first and second reading to the “Paden Road Municipal Drain By-law, 2008” (“provisional by-law”). The Engineer’s Report was initiated in 2005, at the request of the City of Ottawa to address long-standing flooding, public safety and road maintenance issues.
The drain is located in the City of Ottawa, Rideau Ward, as shown on the location plan contained in Attachment A. The Drainage Act states that the City of Ottawa is responsible for municipal drains located within its geographic boundaries. The associated costs are being apportioned to the benefiting landowners, including the City of Ottawa as the owner of Paden Road.
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 Paden Road Municipal Drain.) In brief, the complete process includes:
· Appoint an Engineer to prepare the Engineer’s Report (12 October 2005);
· Conduct an On-site Meeting with the landowners who will be affected to review the proposed modifications (Completed 6 December 2005);
·
Conduct a Meeting to Consider -
consideration by the Agriculture and Rural Affairs Committee of the Engineer’s
Report and the By-law (Attachment B) to adopt this report
(21 August 2008);
· Council approval of the Committee recommendation and first and second reading of the By-law (10 September 2008);
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 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.
ENVIRONMENTAL IMPLICATIONS
The Rideau Valley Conservation Authority and Fisheries and Oceans Canada have been consulted on the project and provided with a copy of the Engineer's Report and necessary approvals have been received.
RURAL IMPLICATIONS
Modifications to the Paden Road Municipal Drain will provide much needed outlet for this section of Paden Road and address flooding of the municipal road and surrounding properties. Affected landowners have been consulted.
CONSULTATION
The On-site Meeting, as required under the Drainage Act, was held on 6 December 2005. Affected landowners, agencies and utilities in the watershed were notified in advance of the meeting.
All assessed landowners were notified in advance of the Meeting to Consider the Report, on 21 August 2008 and provided with a copy of the Engineer’s Report, and the required landowners have been notified, in writing, of the meeting of the Court of Revision and provided with a copy of the provisional by-law.
The Rideau Valley Conservation Authority and Fisheries and Oceans Canada have been consulted on the project and provided with a copy of the Engineer's Report and necessary approvals have been received.
FINANCIAL
IMPLICATIONS
The entire cost of the project, including the construction of some 1,640 metres of drainage works and the Engineer's Report, is approximately $137,929.24, of which $5,042.84 will be assessed to the City of Ottawa road authority, $6,907.72 will be assessed to individual properties owned by the City of Ottawa, $70,382.54 will be assessed to the City of Ottawa as special benefit assessment and an additional $20,625.00 will be assessed to the City of Ottawa road authority as special benefit assessment. The remaining $34,971.14 will be assessed to individual landowners in the percentages predetermined by the Engineer’s Report. The estimated cost of the Engineer's Report and associated contract administration and construction inspection is $82,500.00.
Project costs will be
paid initially by the City and recovered through provincial grants and
assessments to the benefiting landowners, including the City of Ottawa for the
benefit to Paden Road. Funds are
available in the 2008 Approved Capital Budget in internal order 902960 Municipal
Drains Improvements.
SUPPORTING
DOCUMENTATION
Document A - Paden Road Municipal Drain Location Plan
Document B - Paden Road Municipal Drain By-law
Document C - Notices of Appeal
A copy of the Engineer’s Report
and provisional by-law has been provided to all Agriculture and Rural Affairs
Committee Members.
DISPOSITION
The Council-appointed Drainage Engineer 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.
Paden Road Municipal
Drain Site Plan
DOCUMENT B
Paden Road Municipal
Drain By-law
BY-LAW NO. 2008 -
A
by-law of the City of Ottawa to provide for drainage works in the City of
Ottawa to be known as the Paden Road Municipal Drain.
WHEREAS the Road Superintendent for the City of Ottawa has petitioned the Council of the City of Ottawa in accordance with the provisions of Section 4 of the Drainage Act, R.S.O. 1990, c. D.17 (the “Drainage Act”) requesting that the following lands and roads be drained by a drainage works: City of Ottawa, formerly the geographic Township of Marlborough, Rideau Ward, more specifically Lots 14, 15, 16, 17, 18, 19 and 20 Concession 1, Lots 14, 15, 16, 17, 18 and 19 Concession 2, Paden Road, Weedmark Road and Settler’s Way;
AND WHEREAS the said lands to be drained are subject to an award ditch, known as the Marlborough Drain, which was constructed by report of an Engineer dated October 31, 1887, under The Ditches and Watercourses Act of 1883 (now R.S.O. 1960, c. 109);
AND WHEREAS subsection 3(18) of the Drainage Act provides that every ditch constructed under The Ditches and Watercourses Act shall be maintained in accordance with the award of the engineer providing for such maintenance until such ditch is brought under the provisions of the Drainage Act by way of petition as set out in Section 4 of the Drainage Act, and accordingly the award ditch known as the Marlborough Drain shall be known as the Paden Road Municipal Drain upon enactment and passage of this by-law and shall be maintained in accordance with the provisions of the Drainage Act;
AND WHEREAS the Council of the City of Ottawa has procured an engineer’s report pursuant to Section 8 of the Drainage Act, R.S.O. 1990, c. D.17 and the report dated May 2008 prepared by Robinson Consultants Inc., Consulting Engineers is on file with the City Clerk;
AND WHEREAS the estimated total cost associated with the construction, engineering, contract administration, allowances, report and contingencies of the drainage works is $137,929.24, as per Schedule B, Schedule of Assessment for Construction and Future Maintenance, of the Robinson Consultants Inc., Consulting Engineers Report dated May 2008;
AND
WHEREAS $102,958.10 is the amount to be charged to the City of Ottawa for
construction of the drainage works in accordance with Schedule A, Summary
Schedule of Assessment, in the Robinson Consultants Inc., Consulting Engineers
Report dated May 2008;
AND WHEREAS the remaining cost of the construction of the drainage works is to be charged to the landowners in the drainage basin in accordance with Schedule A, Summary Schedule of Assessment, in the Robinson Consultants Inc., Consulting Engineers Report dated May 2008;
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 September 10, 2008 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, Paden Road Municipal Drain, Rideau Ward, dated May 2008, 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 Corporation of the City of Ottawa may borrow on the credit of the Corporation the amount of $137,929.24 being the amount necessary for construction of the drainage works.
3. The Corporation of the City of Ottawa may arrange for the issue of debentures on its behalf for the amount borrowed less the total amount of
(a) grants received under section 85 of the Act;
(b) commuted payments made in respect of lands and roads assessed within the municipality;
(c) money paid under subsection 61(3) of the Drainage Act; and
(d) money assessed in and payable by another municipality,
and such debentures shall be made payable within ten(10) years from the date of the debenture and shall bear interest at a rate to be set by the City of Ottawa.
4. Of the $102,958.10 to be charge to the City of Ottawa for the construction of the drainage works, the sum of $91,007.54 is assessed for special benefit.
5. The
remaining cost of the construction and future maintenance of the drainage works
shall be charged to the landowners in the drainage basin in accordance with
Schedule A, Summary Schedule of Assessment, of the Robinson Consultants Inc.,
Consulting Engineers Report dated May 2008.
6. All net assessments of $1,000.00 or less are payable in the first year in which the assessment is imposed.
7. This by-law comes into force on the passing thereof and may be cited as the “Paden Road Municipal Drain By-law, 2008”.
ENACTED AND PASSED this 10th day of September, 2008
CITY CLERK MAYOR