HomeMy WebLinkAbout23 073 Holtby Municipal Drain Maintenance (2023) By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2023 – 073
Being a By-law to Authorize the Maintenance and Repair of a Municipal
Drain under the Provisions of the Drainage Act, R.S.O. 1990
(Holtby Municipal Drain)
Whereas By-law No. 71-7 of The Corporation of the Municipality of Kincardine
(Township of Kincardine) was passed by Council Monday, July 04, 1977 providing
for the construction of the Holtby Municipal Drain, being the current by-law; and
Whereas Council wishes to maintain and repair this Drain, without a new report of
an Engineer, but in accordance with specifications outlined in the current Engineer’s
Report dated Monday, June 08, 1970 prepared by H.M. Gibson LTD, P. Eng., as
contained within the above mentioned by-law; and
Whereas in accordance with section 74 of the Drainage Act, the cost of
maintenance and repair of a Municipal Drain is to be at the expense of all the
upstream land and roads in any way assessed for the construction or improvement
of the drainage works and in the proportion determined by the then current by-law
pertaining thereto; and
Whereas the cost of this repair is $4276.77 and a grant of $1200.62 was received
leaving $2934.06 to be raised by a cash assessment and $142.09 as the amount
to be contributed by the Municipality for the maintenance and repair of the municipal
drain; now therefore be it
Resolved that the Council of The Corporation of the Municipality of Kincardine
Enacts as follows:
1. That the Holtby Municipal Drain be maintained and repaired to the
specifications outlined in the Engineer’s Report by H.M. Gibson LTD, P.
Eng.
2. That the actual costs of this drainage repair and maintenance, attached
hereto as Schedule ‘A’, be assessed as per the current by-law less any
grant money received for lands eligible to receive agricultural grants.
3. That the amount of $3076.15 necessary to be raised by the Municipality for
such drainage works shall be made a cash assessment upon the roads
and lands affected by the proposed work. All assessments are payable in
the first year in which the assessment is imposed.
4. For paying the amount of $142.09 being the amount assessed upon the
lands and roads belonging to or controlled by the Municipality a special rate
sufficient to pay the amount assessed plus interest thereon shall be levied
upon the whole ratable property in the Municipality of Kincardine after the
passing of this by-law to be collected in the same manner and at the same
time as other taxes are collected.
5. This By-law shall come into full force and effect upon its final passage.
6. This By-law may be cited as the “Holtby Municipal Drain Maintenance
(2023) By-law”.
Page 2 of 2
Holtby Municipal Drain Maintenance (2023) By-law
By-law No. 2023 – 073
Read a First and Second Time this 8th day of May, 2023.
Read a Third Time and Finally Passed this 8th day of May, 2023.
Mayor Clerk
Repair Cost =$4,276.77 May-23
17-Dec-21
Conc.Lot Roll #
Area
acres Owner 71 - 7 71 - 7 Costs $
Agricultural Lands
1 S.D.R.9 & 10 410821000109900 42 Knapton Farms Ltd $210.00 11.63%$497.30 $165.77 $331.53
1 N.D.R.8 410821000117000 17 Holtby, Kenneth William $84.00 4.65%$198.92 $66.31 $132.61
1 N.D.R.9 & Pt 10 410821000117100 42 Stewart, Kevin Alexander; St $210.00 11.63%$497.30 $165.77 $331.53
1 N.D.R.Pt 10 410821000117100 10 Stewart, Kevin Alexander; St $51.00 2.82%$120.77 $40.26 $80.51
1 N.D.R.11 & 12 410821000117300 57 Stewart, Edna Pearl; Stewart $285.00 15.78%$674.90 $224.97 $449.94
1 N.D.R.13 410821000117400 36 Lowry, Brock Elliott; Macmas $180.00 9.97%$426.26 $142.09 $284.17
1 N.D.R.14 410821000117500 30 Koberinski, Marjorie Anne $150.00 8.31%$355.21 $118.40 $236.81
1 N.D.R.15 & 16 410821000117600 47 Farrell, Clayton Douglas $237.00 13.12%$561.24 $187.08 $374.16
1 N.D.R.17 410821000117700 14 KNJ Farms Ltd $69.00 3.82%$163.40 $54.47 $108.93
1 N.D.R.18 & 19 410821000117801 9 KNJ Farms Ltd $45.00 2.49%$106.56 $35.52 $71.04
Total Assessment on Agricultural Lands $1,521.00 84.22%$3,601.86 $1,200.62 $2,401.24
Non-Agricultural Lands
Total Assessment on Non-Agricultural Lands $0.00 0.00%$0.00 $0.00
Roads
Sdrd 10-11 3 Municipality of Kincardine 60.00 3.32%$142.09 $142.09
Hwy # 9 7.5 Dept of Highways 225.00 12.46%$532.82 $532.82
Total Assessment on Roads $285.00 15.78%$674.91 $674.91
Total Assessment on Lands and Roads $1,806.00 100.00%$4,276.77 $3,076.15
MAINTENANCE ASSESSMENT SCHEDULE
MUNICIPALITY OF KINCARDINE WARD II
HOLTBY MUNICIPAL DRAIN - Tile INSPECTION Lot 9, Concession 1 SDR to Lot 13, Concession 1 NDR
MAIN DRAIN - OPEN & CLOSED PORTIONS
grant
dollars
as per
ADIP 2.3 c
(ii)
Costs
(1/3 grant
applied if
applicable)
Costs
Benefit &
Outlet
By-Law #
Percentage of
Maintenance
Costs
By-Law #Project Completion Date
2023-05-04
Kincardine MD Assessments 2021
SCHEDULE 'A'