Report to / Rapport au:

Agriculture and Rural Affairs Committee

Comité chargé de l’agriculture et des questions rurales

and Council / et au Conseil

04 February 2002 / le 04 février 2002

Submitted by / Soumis par: Rosemarie Leclair, General Manager / Directrice générale

Transportation, Utilities and Public Works / Transports, Services et Travaux publics

Contact / Personne-ressource: P. McNally, Director / Directeur

Utility Services Branch / Direction des services publics

Telephone No. / Tél.: 580-2424, extension / poste 22609

e-mail/courriel: Patrick.McNally@city.ottawa.on.ca

Ref N°: ACS2002-TUP-UTL-0008

SUBJECT:	Osgoode Gardens - Cedar Acres Municipal Drain
OBJET :	INSTALLATIONS MUNICIPALES DE DRAINAGE OSGOODE GARDENS-CEDAR ACRES

REPORT RECOMMENDATION

That the Agriculture and Rural Affairs Committee recommend that Council adopt the Engineer’s Report for the Osgoode Gardens - Cedar Acres Municipal Drain 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 Osgoode Gardens-Cedar Acres 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 Osgoode Gardens - Cedar Acres Municipal Drain is located in Osgoode Ward, in the vicinity of the intersection of Stage Coach Road and Mitch Owens Road. The drain begins in Osgoode Ward and flows southeasterly to the North Castor River, as shown on site plan contained in Attachment “A”. The drain was originally initiated by the former Township of Osgoode to provide improved outlet for upstream lands west of Stage Coach Road, and was constructed in accordance with By-law No. 19-1972 of the former Township of Osgoode.

Improvements to the Osgoode Gardens - Cedar Acres Municipal Drain were requested by the owners of Sunset Lakes Developments and Albion Sun Vista Development, under petition date of 30 January 2001, and Stantec Engineering Consultants were subsequently appointed to prepare an Engineer’s Report for the improvements. The Drainage Act requires that an Engineer’s Report be prepared for any modifications to a municipal drain, and that the assessment to benefiting landowners and road authorities for future maintenance be revised.

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 Osgoode Gardens-Cedar Acres Municipal Drain.) In brief, the complete process includes:

· Appoint an Engineer to prepare the Engineer’s Report (Report completed December 2001);

· Conduct an On-site Meeting with affected landowners to review the proposed modifications, (Completed 26 July 2001);

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 (Attachment “B”) 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 and the By-law before the Agriculture and Rural Affairs Committee as the Meeting to Consider as required by the Drainage Act.

The Schedule to the By-law sets out the assessments for this drain, in accordance with the Engineer’s Report. Note that the sum of the total assessments ($94,390) does not add up to the total cost of the drain ($97,940). The reason for this is because of allowances given to some landowners pursuant to sections 29 to 33 of the Drainage Act. Allowances are given to landowners for various reasons including, but not limited to, situations where a landowner’s land is necessary to use:

(a) for the construction or improvement of drainage works;

(b) for the disposal of material removed from drainage works;

(c) as a site for a pumping station to be used in connection with a drainage works; or

(d) as a means of access to any such pumping station, if, in the opinion of the engineer, such right of way is sufficient for the purposes of the drainage works.

The Engineer’s Report sets out the value of any such land for damages and includes those sums in the estimates of the costs of construction.

As stated in Schedule “A” of the Engineer’s Report, there is a total of $7,280 in allowances, bringing the total net assessment to $90,660. It will still cost $97,940 to construct the drain. The sum of $3,730 ($3,135 + $595) of the $7,280 in allowances concerns land that is not receiving a benefit. Thus, because an allowance against land that is not being positively assessed results in a negative net allowance, the total assessments in the By-law add up to $94,390 ($90,660 + $3,730).

ENVIRONMENTAL IMPLICATIONS

The Engineer’s Report provides that the drain will be constructed incorporating design standards and erosion control features to minimize the impacts of construction, as well as incorporating stream enhancements. An Environmental Impact Statement is included as a part of the report.

RURAL IMPLICATIONS

Modifications to the Osgoode Gardens - Cedar Acres Municipal Drain will improve drainage in the watershed.

CONSULTATION

The On-Site Meeting, as required under the Drainage Act, was held on 26 July 2001. Affected landowners, agencies and utilities in the watershed were notified in advance of the meeting. All assessed landowners will be notified of the Meeting to Consider the Report and will be provided with a copy of the Engineer’s Report.

The South Nation Conservation Authority (SNCA) was notified prior to the appointment of the Engineer and has been consulted as required in the Drainage Act. A copy of the Engineer’s Report was also forwarded to the SNCA.

FINANCIAL IMPLICATIONS

The estimated cost of the project is $97,940. Some of the actual costs of the work will be assessed to the affected owners of lands in accordance with the Schedule of Assessment, Schedule “A” from the Engineer’s Report. Some of the cost has been assessed against the City itself ($16,579.04). The by-laws allow the City to issue debentures to pay for the up-front costs of the work.

ATTACHMENTS

ATTACHMENT “A” - Osgoode Gardens - Cedar Acres Municipal Drain Site Plan

ATTACHMENT “B” - Osgoode Gardens - Cedar Acres Municipal Drain By-Law

ATTACHMENT “C” – Osgoode Gardens – Engineers Report dated December 2001 (distributed separately and on file with the City Clerk)

DISPOSITION

Upon approval by Council, staff will notify all affected landowners of the date of the Court of Revision.

Concession	Parcel of Land or Part Thereof	Roll Number	Amount Assessed (Total Assessment less Allowances)
Total			$

ATTACHMENT “A” - Osgoode Gardens-Cedar Acres Municipal Drain Site Plan

ATTACHMENT “B” - Osgoode Gardens-Cedar Acres Municipal Drain By-Law

BY-LAW NO. 2002 -

A by-law of the City of Ottawa to provide for the improvement of drainage works in the City of Ottawa – Osgoode Gardens-Cedar Acres Municipal Drain.

WHEREAS the Osgoode Gardens-Cedar Acres Municipal Drain By-law, being By-law Number 19 - 1972 of the Township of Osgoode was passed pursuant to the Drainage Act (now R.S.O. 1990, c.D.17);

AND WHEREAS the lands referred to in By-law Number 19 – 1972 of the Township of Osgoode are now included in the City of Ottawa by virtue of the City of Ottawa Act, 1999, S.O. 1999, c.14, Sch.E;

AND WHEREAS every by-law of the Township of Osgoode 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 attached hereto and forms part of this by-law;

AND WHEREAS the Osgoode Gardens-Cedar Acres 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, more specifically Lots 2, 3, 4 and 5 Concession 4;

AND WHEREAS the estimated cost of constructing the drainage work is $97,940.00;

AND WHEREAS $97,940.00 is being assessed in the City of Ottawa;

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 1^st and 2^nd Reading on February 27, 2002 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 dated December 2001 and attached hereto is hereby adopted and the drainage works as therein indicated and set forth is hereby authorized and shall be completed in accordance therewith.

2. (1) The Corporation of the City of Ottawa may borrow on the credit of the Corporation the amount of $97,940.00 being the amount necessary for construction of the drainage works.

(2) The Corporation may issue debentures 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 section 61(3) of the Act; and

(d) money assessed and payable by another municipality,

and such debentures shall be made payable within 10 years from the date of the debenture and shall bear interest at a rate not higher than the rate charged by the Ontario Municipal Improvement Corporation or the successor thereof on the date of sale of such debenture.

3. A special equal annual rate sufficient to redeem the principal and interest on the debentures shall be levied upon the lands and roads as set forth in the Schedule to be collected in the same manner and at the same time as other taxes are collected in each year for 10 years after the passing of this by-law.

4. For paying the amount of $16,579.04, being the amount assessed upon the lands and roads belonging to or controlled by the municipality, a special rate sufficient to pay the amount assessed plus interest thereon shall be levied upon the whole rateable property in the City of Ottawa in each year for 10 years after the passing of this by-law to be collected in the same manner as other taxes are collected.

5. All assessments of $100.00 or less are payable in the first year in which the assessment is imposed.

6. This by-law comes into force on the passing thereof and may be cited as the “Osgoode Gardens-Cedar Acres Drain By-law, 2002”.

ENACTED AND PASSED THIS day of , 2002

CITY CLERK MAYOR

Schedule

Concession	Parcel of Land or Part Thereof	Roll Number	Amount Assessed (Total Assessment less Allowances)
City of Ottawa, formerly the Geographic Township of Osgoode, Concession 4	Part of Lot 2	040-04700	$12,751.34
City of Ottawa, formerly the Geographic Township of Osgoode, Concession 4	Part of Lot 3	040-05500	$ 1,400.74
City of Ottawa, formerly the Geographic Township of Osgoode, Concession 4	Part of Lot 3	040-05600	$ 1,375.68
City of Ottawa, formerly the Geographic Township of Osgoode, Concession 4	Part of Lot 3	040-05400	$ 1,350.63
City of Ottawa, formerly the Geographic Township of Osgoode, Concession 4	Parts of Lot 3 and 4	040-05200 and 040-05700	$33,903.69
City of Ottawa, formerly the Geographic Township of Osgoode, Concession 3	Part of Lot 2	030-10601	$27,028.87
Roads and Lands of the Municipality – (City of Ottawa Roads)			$16,579.04
Total			$94,390.00