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HomeMy WebLinkAbout23 074 Russell Municipal Drain Maintenance (2023) By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2023 – 074 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 (Russell Municipal Drain) Whereas By-law No. 90-22 of The Corporation of the Municipality of Kincardine (Township of Kincardine) was passed by Council Monday, November 19, 1990 providing for the construction of the Russell 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, September 10, 1990 prepared by Paragon Engineering Limited, 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 $2559.26 and a grant of $707.79 was received leaving $1654.13 to be raised by a cash assessment and $197.34 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 Russell Municipal Drain be maintained and repaired to the specifications outlined in the Engineer’s Report by Paragon Engineering Limited. 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 $1851.47 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 $197.34 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 “Russell Municipal Drain Maintenance (2023) By-law”. Page 2 of 2 Russell Municipal Drain Maintenance (2023) By-law By-law No. 2023 - 074 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 =$2,559.26 May-23 15-Oct-21 Conc.Lot Roll # Area ha Owner 90 - 22 90 - 22 Costs $ Agricultural Lands A E Pt 39,40 410821000430300 Slade, Burton Irwin 6.34 9.04%$231.27 $77.09 $154.18 6 Pt 1 410821000215100 2209337 Ontario Inc 10.56 15.05%$385.20 $128.40 $256.80 6 Pt 1,2 410821000215300 Slade, Bonnie Jane; Slade, B 30.53 43.51%$1,113.66 $371.22 $742.44 7 S Pt 1 410821000220800 Slade, Burton Irwin 9.82 14.00%$358.21 $119.40 $238.81 7 N Pt 1 410821000220600 Storrey, Joan Viola; Millar, St 0.96 1.37%$35.02 $11.67 $23.35 Total Assessment on Agricultural Lands 58.21 82.97%$2,123.36 $707.79 $1,415.57 Non-Agricultural Lands Total Assessment on Non-Agricultural Lands 0.00 0.00%$0.00 $0.00 Roads King's Highway No. 21 Min. of Transportation 6.54 9.32%$238.56 $238.56 Conc Road 7 Mun. of Kincardine 5.41 7.71%$197.34 $197.34 Total Assessment on Roads 11.95 17.03%$435.91 $435.91 Total Assessment on Lands and Roads 70.16 100.00%$2,559.26 $1,851.48 MAINTENANCE ASSESSMENT SCHEDULE MUNICIPALITY OF KINCARDINE WARD II RUSSELL MUNICIPAL DRAIN - Tile Repair Lot 39/40, Concession A MAIN DRAIN - TILE PORTION 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 RUSSELL MD SCHEDULE 'A'