5. ASSESSMENTS ON THE LEAMY CREEK MUNICIPAL DRAIN

LES ÉVALUATIONS CONCERNANT LES INSTALLATIONS MUNICIPALES DE
DRAINAGE RUISSEAU LEAMY

COMMITTEE RECOMMENDATION

That Council approve the amendment to the existing Schedule of Assessment to the Engineer’s Report for the Leamy Creek Municipal Drain dated August 1, 1974 as outlined in this report.

RECOMMANDATION DU COMITÉ

Que le Conseil approuve les modifications de l’évaluation du rapport de l’ingénieur concernant les amendements aux installations municipales de drainage Ruisseau Leamy du 1 août 1974.

Documentation

1. Deputy City Manager’s Report, Infrastructure Services and Community Sustainability dated 28 September 2010 (ACS2010-ICS-ESD-0031).

2. Extract of Draft Minutes, Agriculture and Rural Affairs Committee meeting of

5 October 2010.

Report to/Rapport au :

Agriculture and Rural Affairs Committee

Comité de l’agriculture et des affaires rurales

28 September 2010 / le 28 septembre 2010

Submitted by/Soumis par : Nancy Schepers, Deputy City Manager/

Directrice municipale adjointe, Infrastructure Services and Community Sustainability/Services d 'infrastructure et Viabilité des collectivités

Contact Person / Personne ressource : Dixon Weir, General Manager /

Directeur général Environmental Services / Services envrironnementaux

613-580-2424, ext./poste 22002 Dixon.Weir@ottawa.ca

Ward/Quartier 21 – Rideau-Goulbourn

Ref N°: ACS2010-ICS-ESD-0031

SUBJECT:

ASSESSMENTS ON THE LEAMY CREEK MUNICIPAL DRAIN

OBJET :

Les ÉVALUATIONs concernant les installations municipales de drainage ruisseau leamy

REPORT RECOMMENDATION

That the Agriculture and Rural Affairs Committee recommend that Council approve the amendment to the existing Schedule of Assessment to the Engineer’s Report for the Leamy Creek Municipal Drain dated August 1, 1974 as outlined in this report.

RECOMMANDATION DU RAPPORT

Que le Comité de l'agriculture et des affaires rurales recommande au Conseil municipal d’approuver les modifications de l’évaluation du rapport de l’ingénieur concernant les amendements aux installations municipales de drainage Ruisseau Leamy du 1 août 1974.

BACKGROUND

Robinson Consultants Inc. was appointed by the City of Ottawa in January 2010 to complete an amendment to the existing Schedule of Assessment to the Engineer’s Report dated August 1, 1974 for the Leamy Creek Municipal Drain in the City of Ottawa, former Township of Nepean.

The Engineer’s Report was initiated by the request of the current property owner of Lot 3, Concession 5 in the former Township of Nepean to include a new sub-surface drainage area (tile) beyond the current drainage area boundary. The purpose of the report, which has been completed in accordance with Section 66 of the Drainage Act, is to provide an assessment of a just proportion of the drainage works as per the requirements of the Act.

The existing Engineer’s Report entitled “Engineer’s Report for the Repair and Improvement to the Leamy Creek Municipal Drain and the Construction of the Moodie-Tierney Branch, Moodie-Foster Branch and the Smits Branch” was completed for the Township of Nepean by A.J. Graham Engineering Consultants Ltd., dated August 1, 1974 – Revised April 29, 1975. This report is governed by former Township of Nepean By-Law No. 38-75.

DISCUSSION

Section 66 of the Drainage Act, RSO 1990, Chapter D.17 addresses the issue of lands being drained and connected to a drain constructed under the Drainage Act where the lands to be connected were not previously assessed on the drain.

66. (1) Where an owner of land that is not assessed for a drainage works subsequently connects the land with the drainage works for the purpose of drainage or where the nature or extent of the use of drainage works by land assessed for the drainage works is subsequently altered, an engineer appointed by the initiating municipality for the purpose shall make an inspection and assess the land for a just proportion of the drainage works, regard being had to any compensation paid to the owner of such land in respect of the drainage works, but no person shall connect such land to the drainage works without the approval of the council of the municipality. R.S.O. 1990. c. D. 17, s.66 (1).

The lands to be subsequently connected to the Leamy Creek Municipal Drain have been assessed through the Engineer’s Report a just proportion of the drainage works.

RURAL IMPLICATIONS

The Leamy Creek Municipal Drain provides legal outlet for area lands and roads. The lands draining to the Leamy Creek Municipal Drain are mainly agricultural.

CONSULTATION

In accordance with Section 66 (2) of the Drainage Act the owners of land assessed have been provided with a copy of the assessment.

COMMENTS BY THE WARD COUNCILLOR(S)

The report is ward specific to Ward 21 and the Councillor has been advised.

LEGAL/RISK MANAGEMENT IMPLICATIONS

There are no legal/risk management impediments to implementing the recommendation in this report.

CITY STRATEGIC PLAN

These works will fulfill the City’s 2007 – 2010 Strategic Plan service delivery goals by improving drainage in the area, and managing infrastructure in a cost effective and efficient manner.

TECHNICAL IMPLICATIONS

There are no technical implications.

FINANCIAL IMPLICATIONS

The estimated total cost of the drainage works, including the Engineer's Report and associated studies is $1500. The total amount is to be assessed to benefiting property owners.

Project costs have and will be paid initially by the City of Ottawa, Wastewater and Drainage Operations Branch, Environmental Services Department, and will be recovered through assessments/recoveries to the benefiting landowners. Funds have been approved in the 2010 Capital Budget in internal order 902960 Municipal Drains Improvements.

SUPPORTING DOCUMENTATION

Document 1 – Location Plan

DISPOSITION

Upon approval by Council, the City Drainage Superintendent will notify all assessed landowners.