affect the ability of the municipality to drain excess storm water, as alternative outlets are available.
Financial Matters:
Typically, all expenses associated with the repair and improvements to the Broadway Drain would have been assessed to the Corporation of the City of Windsor in accordance with CR388/2007, which states:
That the City of Windsor undertakes drain maintenance and costing in the following method:
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, which are to be assessed to the benefiting property owners as per 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.
CR388/2007 was later amended by CR64/2015, which extended the exception of private access structures to include exemption of “special benefit” works that benefit individual properties.
The WDBA had committed at the outset to bearing all costs associated with preparing the Engineer’s Report, and towards the completion of any capital improvements to the subject drain(s).
All associated drainage works are located on lands owned by either Transport Canada / WDBA or the City of Windsor. No allowances or compensation were determined to be warranted based on the foregoing, and the following:
- no privately-owned lands are directly affected by the drainage works;
- all cost for construction of the drainage works (including preparation of this report) will be borne by TC/WDBA;
- the City has approved by way of CR388/2007 that all costs of drain maintenance, repairs and improvements, except those associated with Special Benefit, be borne by the City through the general tax levy; and,
- the drainage system is being taken to a sufficient outlet.
A report under Section 78 of the Drainage Act would ordinarily include a cost estimate to complete the recommended drain improvements. However, with improvements to