Background:

The Grand Marais Drain is a major watercourse that extends from its east limit near Tourangeau Road, and flows westerly to the City's border with the Town of LaSalle. The drain continues through the Town of LaSalle to its convergence with the Cahill Drain, where it outlets to Turkey Creek. The Turkey Creek continues to flow westerly through the Town of LaSalle where it ultimately discharges into the Detroit River.

Pursuant to the Roster Method in accordance with section 113 of Purchasing By-law 932012, Landmark Engineers Inc. (Landmark) was appointed as the Drainage Engineer to make an examination of the Grand Marais Drain. Landmark prepared a Drainage Report to make recommendations for any repairs and improvements to the drain. This was done in accordance with Section 78 of Ontario's Drainage Act, R.S.O. 1990, Chapter D.17.

At the City Council Meeting of November 18, 2019, Council considered the Drainage Report for the Repair and Improvement to the drain. Council Resolution CR578/2019 approved the first and second readings of Provisional By-law 119-2019, and the Drainage Report was adopted in accordance with Section 45 of the Drainage Act.

City Council's landowner assessment policy for drainage works is through Council Resolutions CR288/2007 and CR64/2015. Apart from private structures, the City of Windsor inherits the costs of drain maintenance rather than apportioning to the landowners themselves. The policy as consolidated by both resolutions is as follows:

I. City of Windsor CONTINUE to use the general tax levy or the sewer surcharge levy, depending on location for drain maintenance costs in accordance with the City of Windsor Act, 1968:

a. with the exception of private access structures and "special benefit" works benefiting individual properties;, which are to be assessed to the benefiting property owners as per a completed engineer's report and assessment schedule as a "special benefit" in accordance with s. 24 of the Drainage Act;

b. Municipal Drains, excluding access structures will be maintained at the general tax rate or sewer surcharge, depending on location, provided the landowners allow soil from the drains to be spread on their lands, as provided for in the Engineer's Report.

II. That Council APPROVE provision of payment options for property owners, for payment of assessments and special charges as identified in a Drainage Report under the Drainage Act and adopted by by-law, as follows:

Property owners are offered the option to pay the assessments and special charges including HST in a single payment within 30 days of the invoice, or added to property taxes in 10 (ten) equal instalments with interest calculated at prime + 1% per annum established as of the date the drainage cost is determined by the City Treasurer or designate.