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2.0 Present Brief History of the Subject Drain
A brief history of the subject drain and the need for improvement was presented. The Marentette-Mangin Drain is considered a municipal drain that was established under the provisions of the Drainage Act, however copies of historic reports and bylaws pertaining to the drain could not be located. Therefore, the report is being prepared under Section 4 of the Act.
The WEMG has entered into an agreement with the City of Windsor, whereby the Province will maintain the portion of the Drin lying within the Parkway lands . The City and WEMB require a secure outlet for the drainage system that services the Parkway.
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3.0 Highlight the Drainage Act Process
A summary of the process that will be followed in preparing the new reports, and what the process entails once the new Engineer’s Report have been filed with the City, was presented. The opportunities that the property owners have for appeal were highlighted.
A new engineer’s report will be prepared and for the Marentette-Mangin Drain, and the report will be filed with the Clerk’s office within the next few months. The City will send copies of the report, and notice of meeting to consider report, to owners within the municipalities who are subject to assessment or compensation, as well as to the conservation authority, railways, road authorities, public utilities, the Ministry of Natural Resources and the Director. Council will consider the reports at meeting held not less than 10 days after the notices have been sent. Council may adopt report, by provisional by-law.
Council, within 30 days of the adoption of the report, will send a copy of the provisional by-law and the date of the Court of Revision to all assessed or compensated owners.
The Court of Revision will be held by the City not sooner than 20, nor later than 30 days from the date of mailing the by-law. Any owner wishing to appeal their assessment must serve notice on the Clerk of the City at least 10 days before first sitting of the Court. Any owner may appeal to Drainage Tribunal against the decision of Court of Revision by notifying Clerk within 21 days of the pronouncement of the decision of the Court of Revision. Any owner or public utility may appeal the findings or recommendations of the Engineer’s Report to the Drainage Tribunal within 40 days of mailing the notices, or the adoption of the report. Council of the City may pass provisional by-law authorizing the work after appeal period has elapsed, and there are no appeals, or all appeals are completed.