3. court of revision - O’KEEFE MUNICIPAL DRAIN Modifications

tribunale de rÉvision - INSTALLATIONS MUNICIPALES DE DRAINAGE O’KEEFE

COURT OF REVISION RECOMMENDATION

That Council give third reading to O’Keefe Municipal Drain By-law.

RECOMMANDATION DU TRIBUNAL DE RÉVISION

Que le Conseil étudie le Règlement sur les installations de drainage municipales O’Keefe en troisième lecture.

Documentation

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.

Report to/Rapport au :

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

Ward 3

Ref N°: ACS2006-PWS-UTL-0024

SUBJECT:	O'KEEFE MUNICIPAL DRAIN Modifications

OBJET :	InSTALLATIONS MUNICIPALES DE DRAINAGE O'KEEFE

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.

ENVIRONMENTAL IMPLICATIONS

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.

RURAL IMPLICATIONS

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

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 3^rd 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