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HomeMy WebLinkAbout09 178 2009 Russell Municipal Drain Maintenance By-LawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT ��LII'YOF KING BY -LAW NO. 2009 -178 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) is WHEREAS By -law No. 90 -22 (Township of Kincardine) of The Corporation of the Municipality of Kincardine was passed by Council on November 19, 1990, providing for the construction of the Russell 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 all 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; AND WHEREAS the cost of this repair is $65,036.00; • AND WHEREAS $3,518.45 is the amount to be contributed by this Municipality for repair of the municipal drain; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: That the Russell 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. 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 $46,585.29 necessary to be raised by this 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 is the first year in which the assessment is imposed. .../2 Page 2 2009 Russell Municipal Drain Maintenance By -law By -law No. 2009 — 178 • U • 4. For paying the amount of $3,518.45, 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 "2009 Russell Municipal Drain Maintenance By -law ". READ a FIRST and SECOND TIME this 16 day of December, 2009. ayor Lb `divvt_"a .P Cler READ a THIRD TIME and FINALLY PASSED this 16 day of December, 2009. Mayor 1 • MAINTENANCE ASSESSMENT SCHEDULE MUNICIPALITY OF KINCARDINE WARD II RUSSELL MUNICIPAL DRAIN - REPAIR MAIN DRAIN - CLOSED PORTION Repair Cost = $65,036.00 1990 Dec -08 properties eligible for Costs Percentage of g (1/3 grant Maintenance grant applied if Costs By -Law as per applicable) 90 -22 Costs $ ADIP 2.3 c Co nc. Lot Roll # Owner IM Agricultural Lands A Pt E Pt 38,39 A C Pt 38,39,40 A E Pt 39,40 A C Pt 41,42 A E Pt 41,42 A E Pt 43 6 Pt 1 6 Pt 1,2 7 SPt1 7 NPti H.J. Seiber Farms H.J. Seiber Farms Burton Irwin Slade Bonnie Jane Slade Burton Irwin Slade Irwin Slade Henry Edward Voskamp Burton Irwin Slade Burton Irwin Slade Joan Viola Storey 6.77 $4,402.93 yes $2,935.30 10.36 $6,737.73 yes $4,491.82 6.34 $4,123.28 yes $2,748.85 1.53 $995.05 yes $663.37 6.82 $4,435.46 yes $2,956.97 1.42 $923.51 yes $615.67 10.56 $6,867.80 yes $4,578.54 30.53 $19,855.49 yes $13,236.99 9.82 $6,386.54 yes $4,257.69 0.96 $624.35 yes $416.23 85.11 $55,352.14 $18,450.71 $36,901.43 Total Assessment on Agricultural Lands Non - Agricultural Lands A Pt E Pt 43 Sidney David Brown A Pt E Pt 38,39 Dianne Farrell 6 Pt 1 Hydro One Networks Inc. Total Assessment on Non - Agricultural Lands Roads King's Highway No. 21 Min. of Transportation Conc Road 7 Mun. of Kincardine Total Assessment on Roads Total Assessment for Maintenance on Lands and Roads for Main Drain - Closed Portion 0.12 $78.04 $78.04 0.16 $104.06 $104.06 2.66 $1,729.96 $1,729.96 2.94 $1,912.06 $1,912.06 6.54 $4,253.35 $4,253.35 5.41 $3,518.45 $3,518.45 11.95 $7,771.80 $7,771.80 100.00 $65,036.00 $46,585.29 w 1/28/2009 081223Assessment Schedule Russell MDMainNewWwayNewTile.xls