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8. Application for APPROVAL TO EXPROPRIATE LANDS – Trim Road Widening Project – Innes rOAD to Brian Coburn Boulevard, City of Ottawa
DEMANDE D’APPROBATION D’EXPROPRIATION – PROJET D’ÉLARGISSEMENT DU CHEMIN Trim – ENTRE LE CHEMIN Innes ET LE Boulevard Brian Coburn, VILLE D’OTTAWA
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That Council approve the application for approval to expropriate those lands required to facilitate the construction of the widening of Trim Road between Innes Road and Brian Coburn Boulevard pursuant to Section 4 of the Expropriations Act.
RECOMMANDATION DU COMITÉ
Que le Conseil approuve la demande d’approbation visant à exproprier ces terrains, approbation requise pour faciliter les travaux d’élargissement du chemin Trim entre le chemin Innes et le boulevard Brian-Coburn, en vertu de l’article 4 de la Loi sur l’expropriation.
1. City Manager’s report dated 3 January 2012 (ACS2012-CMR-REP-0003).
Report to/Rapport au:
Finance and Economic Development Committee
Comité des finances et du développement économique
and Council / et au Conseil
3 January 2012 / 3 janvier 2012
Submitted by/Soumis par: Kent Kirkpatrick, City Manager / directeur municipal
Contact Person/Personne ressource: Robin Souchen, Manager, Realty Services Branch, Real Estate Partnerships and Development Office / Gestionnaire, Direction des services immobiliers, Bureau de partenaires immobiliers et du développement
(613) 580-2424 x 21549, Robin.Souchen@ottawa.
REPORT RECOMMENDATION
That the Finance and Economic Development Committee recommend Council approve the application for approval to expropriate those lands required to facilitate the construction of the widening of Trim Road between Innes Road and Brian Coburn Boulevard pursuant to Section 4 of the Expropriations Act.
Que le Comité des finances et du développement économique recommande au Conseil d’approuver la demande d’approbation visant à exproprier ces terrains, approbation requise pour faciliter les travaux d’élargissement du chemin Trim entre le chemin Innes et le boulevard Brian-Coburn, en vertu de l’article 4 de la Loi sur l’expropriation.
BACKGROUND
Through approval of the 2010 Capital budget City Council approved funding for the design and property acquisition of the Trim Road widening project. The purpose of this report is to seek Council approval for staff to initiate expropriation, if necessary, to facilitate the proposed construction.
DISCUSSION
The Trim Road widening project requires lands from approximately fourteen (14) property owners abutting Trim Road between Innes Road and Brian Coburn Boulevard. The project involves partial land requirements, and temporary and permanent construction easements required for construction purposes.
The project approval report did not include authorization for staff to initiate expropriation for the property rights required to facilitate the said construction, if necessary. In accordance with section 4 of the Expropriations Act, R.S.O., 1990, c. E-26, as amended (the “Act”), Council, as the expropriating authority, must approve and direct staff to proceed with the application for approval to expropriate. Notwithstanding the foregoing and pursuant to the direction of Infrastructure Services and Community Sustainability Branch, Realty Services will contact property owners to negotiate property settlements.
Upon Council approval of this report, as the expropriating authority, staff can proceed with the expropriation procedures by providing the statutory notices to the owners together with publishing the required notices in the newspapers having general circulation in the locality in which the lands are located.
It is important to reaffirm the City’s position that meaningful negotiations to acquire the partial takings, permanent and temporary construction easements will continue. Every effort will be made to negotiate amicable settlements with all property owners. In the event it becomes necessary to commence expropriation proceedings to meet construction schedules, negotiations will continue in an attempt to resolve any outstanding issues.
RURAL IMPLICATIONS
Trim Road is the Urban Boundary and the property requirements located on the East side of Trim Road are on the rural side of the Urban Boundary. The requirements are not significant in size and will not generate any rural implications.
CONSULTATION
Public consultation for the project was part of the Municipal Class Environmental Assessment process and included open houses and notices.
COMMENTS BY THE WARD COUNCILLOR
Councillor Blais has reviewed this report and was consulted by staff. If expropriation is necessary, it will be unfortunate; however, partial takings and easements are necessary to ensure this important community infrastructure is completed in a timely manner, with no further delay. He supports efforts for continued negotiations to ensure these acquisitions are resolved expeditiously.
LEGAL IMPLICATIONS
Provided that the requirements of the Expropriations Act are met, if expropriation is necessary, there are no legal impediments to implementing any of the recommendations in this report.
RISK MANAGEMENT IMPLICATIONS
Acquisition of the land requirements are required to complete the Trim Road widening. Failure to approve the expropriation will delay completion of the project and lead to construction penalties.
FINANCIAL IMPLICATIONS
There are no financial implications with regard to this report.
ACCESSIBILITY IMPACTS
There are no accessibility impacts with regard to this report.
TECHNOLOGY IMPLICATIONS
There are no technology implications with regard to this report
CITY STRATEGIC PLAN
The recommendations of this report support City Council’s strategic priority: Transportation and Mobility (TM) - meeting the current and future transportation and mobility needs of residents, visitors, and enterprises by improving transit and by emphasizing choice and accessibility of multiple types of transportation; and its objective TM3, provision of infrastructure to improve mobility choices by supporting initiatives relates to routes; specifically, Strategic Initiative 14: Asset Renewal of Roads – a program to sustain renewal of roads within the City’s transportation network to maintain operational performance.
SUPPORTING DOCUMENTATION
N/A
DISPOSITION
Following Council’s approval, Realty Services and Legal Counsel will serve a Notice of Application for Approval to Expropriate upon the registered owner(s) and publish the said Notice pursuant to Section 6 of the Expropriations Act.