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HomeMy WebLinkAbout08 061 2008 Russel Municipal Drain Maintenance . . . . THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2008 - 061 BEING A BY-LAW TO AUTHORIZE THE MAINTENANCE AND REPAIR OF A MUNICIPAL DRAIN UNDER THE PROVISIONS OF THE DRAINAGE ACT, R.S.0.1990 (Russell Municipal Drain) WHEREAS By-law No. 90-22 of The Corporation of the Municipality of Kincardine was passed by Council on November 19, 1990, providing for the construction of the Russeil Municipal Drain, being the current by-law; AND WHEREAS Council has repaired this Drain, without a new report of an Engineer, but in accordance with specifications outlined in the current Engineer's Report dated 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 ail the upstream lands 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 EXCEPT THAT, in this case, in accordance with Section 80 of the Act, Parts of Lots 39 and 40, bearing the Roil Number 4108 210 004 302, shail be assessed a special amount for the repairs to the Main Drain Closed portion of the Drain; AND WHEREAS the work done on the Main Drain Closed portion included tile repairs, tile inspection and cutting of the grassed waterway, at a cost of $7,967.97; AND WHEREAS the work done on Branch 0 included catch basin and tile repairs, at a cost of $1,180.76; AND WHEREAS the work done on Branch F included a number of tile repairs, at a cost of $1 ,038.28; AND WHEREAS the total cost of the above-noted repairs is $10,187.01; AND WHEREAS $614.92 is the amount to be contributed by this Municipality for the maintenance and repair of the various parts of the municipal drain; NOW THEREFORE the Council of The Corporation of the Municipaiity of Kincardine, ENACTS as foilows; 1. That the Russeil Municipal Drain has been maintained and repaired to the specifications outlined in the Engineer's Report dated September 10, 1990, as prepared by Paragon Engineering Limited and contained within the current by-law. .../2 . . . . Page 2 2008 Russell Municipal Drain Maintenance By-law By-law No. 2008 - 061 2. That the actual costs of this drainage repair and maintenance, attached hereto as Schedule 'A', be assessed as per the current by-law, EXCEPT THAT, in this case, In accordance with Section 80 of the Act Parts of Lots 39 and 40, nearing the Roll Number 4108 210 004 302, shall be assessed a special amount for the repairs to the Main Drain Closed portion of the Drain, less any grant money received for lands eligible to receive agricultural grants. 3. That the amount of $10,187.01 necessary to be raised by this Municipaiity 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 $614.92 being the amount assessed upon the lands and roads belonging to, or controlled by the municipaiity 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 "2008 Russell Municipal Drain Maintenance By-law". READ a FIRST and SECOND TIME this 16'h day of April, 2008. cic1-oy~ Mayor i*-~~ Clerk READ a THIRD TIME and FINALLY PASSED this 16'h, day of April, 2008. ~(P~ ~ ~~o.QQ Clerk This is Schedule ::..it" to By-Law ='!!- lIih No. Nol passedthe~day of 200li" MAINTENANCE ASSESSMENT SCHEDULE RUSSELL MUNICIPAL DRAIN MAIN DRAIN. CLOSED PORTION Clerk ----- General assessment Special assessment $5,798.98 $2.168.99 Cone. If Actual Repair Cost = $7 967 97 Lot Owner Agricultural Lands A A A A A A A 6 6 7 7 pt E Pt 38,39 pt E Pt 38,39 C pt 38,39,40 E Pt39,40 C Pt41,42 E Pt41,42 E Pt43 PI1 Pt1,2 S Pt 1 N Pt1 H.J. Seiber Farms H.J. Seiber Farms H.J. Seiber Farms Burton Irwin Slade Bonnie Jane Slade Burton Ilwin Slade Irwin Slade Henry Edward Voskamp Burton Irwin Slade Burton Irwin Slade Joan Viola Storey Total Assessment on Agricultural Lands Non-Agricultural lands A A 6 Pt E Pt43 pt E pt 38,39 PI1 Sidney David Brown Dianne Farrell Hydro One Networks Inc. Roads Total Assessment on Non-Agricultural Lands l Highway No. 21 Cone Road 7 Min. of Transportation Mun. of Kincardine Total Assessment on Roads A ptE Pt38,39 H.J. SeIber Farms Total Assessment for Maintenance on Lands and Roads for Main Drain - Closed Portion Jan 28/08 Regular % $ 6.72 389.69 yes 259.81 1845.63 yes 1230.48 10.36 600.77 yes 400.54 6.34 367.66 yes 245.12 1.53 88.72 yes 59.15 6.82 395.49 yes 263.67 1.42 82.35 yes 54.90 10.56 612.37 yes 408.27 30.53 1770.43 yes 1180.34 9.82 569.46 yes 379.66 0.96 55.67 yes 37.12 85.06 6778.24 2259.19 4519.05 0.12 0.21 2.66 6.96 12.18 154.25 no no no 6.96 12.18 154.25 2.99 173.39 173.39 6.54 379.25 no 379.25 5.41 313.72 no 313.72 11.95 692.98 692.98 323.36 323.36 100.00 7967.97 5708.78 18/04/2008 Russell Mun. Drain Schedule MAINTENANCE ASSESSMENT SCHEDULE RUSSELL MUNICIPAL DRAIN BRANCH D (CLOSED) IIActuaJ Repair Cost = Cone. Lot Agricultural lands 6 7 7 Pt1 SPt1 N Pt 1 Total Assessment on Agricultural Lands Roads King's Highway No. 21 Conc.Rd 7 Total Assessment on Roads Total Assessment for Maintenance on Lands and Roads for Branch D $1,180.76 Owner Henry Edward Voskamp Burton IIwin Slade Joan Viola Storey Min. of Transportation Municipality of Kincardine Regular % 3.63 41.11 4.03 Jan-07 $ 42.86 485.41 47.58 48.77 575.86 34.11 17.12 402.76 202.15 51.23 604.90 100.00 1180.76 yes yes yes 191.95 no no 28.57 323.61 31.72 383.90 402.76 202.15 604.90 988.81 18/0412008 Russell Mun. Drain Schedule MAINTENANCE ASSESSMENT SCHEDULE RUSSELL MUNICIPAL DRAIN BRANCH F (CLOSED) IIActual Repair Cost = $1,038.28 Jan-{)7 Cone. Lot Owner Regular % $ Agricultural Lands A A A c Pt 38,39,40 E Pt 39,40 E Pt41,42 H.J.Seiber Farms Burton Irwin Slade Burton Irwin Slade 34.71 23.16 23.32 360.39 240.47 242.13 yes yes yes 240.26 160.31 161.42 Total Assessment on Agricultural Lands 81.19 842.98 280.99 561.99 Roads King's Highway No. 21 Min. of Transportation 9.27 96.25 00 96.25 Conc.Rd 9.54 99.05 99.05 7 Municipality of Kincardine 00 Total Assessment on Roads 18.81 195.30 195.30 Total Assessment for Maintenance on Lands and Roads for Branch F 100.00 1038.28 757.29 18/04/2008 Russell Mun. Drain Schedule