In 2013, following substantial completion of the Parkway construction, the Ministry of Transportation of Ontario (MTO) filed petitions with the City for Council to appoint an engineer to examine and report on the Municipal Drains that provide a drainage outlet for the Parkway. Landmark Engineers Inc. was appointed as the Drainage Engineer by CR511/2016 in accordance with Section 8 of the Drainage Act. Landmark was retained to make an examination of the drain and prepare a drainage report to make recommendations for any repairs and improvements to the drain. The Ministry of Transportation has also committed to pay all costs associated with the engineering and preparation of the drainage report.

The City of Windsor does not assess property owners for drain maintenance, as directed by Council Resolution 388/2007, passed on October 1, 2007, which confirmed the use of the general tax levy for drain maintenance costs in accordance with the City of Windsor Act of 1968. However, a portion of the costs inherent with rebuilding private access structures are still to be assessed to the benefiting landowners.

Discussion:

The recommended repairs as outlined in the drainage report, include removing all dead woody material such as trees and brush that have blown over and lying in and across the drain channel and to remove all brush in the lower half of the drain channel that could cause a flow blockage. In addition, replacement of the ditch inlet bar screen is proposed at the downstream end of the open drain section which is prone to clogging. A brick bulkhead in the storm sewer outlet chamber to the Grand Marais Drain is also proposed to be removed.

Copies of the drainage report and notices of the Council meeting to consider the report for adoption by by-law, were sent to the affected landowners in accordance with section 41 of the Drainage Act.

In accordance with Section 45 of the Drainage Act, at the Council meeting in which the drainage report is considered, the drainage report may be adopted by by-law when such a by-law is given 1st and 2nd readings by Council. The report shall then be deemed to be adopted and the by-law shall be known as a Provisional By-law. Council shall then, within 30 days of adoption of the drainage report, send a copy of the Provisional By-law and Notice of a Court of Revision meeting to all affected landowners listed in the assessment schedule and/or allowance and compensation schedule. The notice shall inform each landowner that the landowner may appeal the owner’s assessment and/or allowances to a Court of Revision by giving notice to the Clerk not later than 10 days prior to the first sitting of the Court of Revision. Following the Court of Revision and the expiration of the appeal period, the by-law may be passed by giving a 3rd and final reading of the by-law by Council.

A copy of the drainage report entitled, “Drainage Report for the Marentette-Mangin Drain in the City of Windsor, County of Essex”, dated May 1, 2020, is attached in the appendices.