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HomeMy WebLinkAbout09 180 2009 Andrew Morris Municipal Drain Maintenance By-LawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT pn�unoFK�wc� BY -LAW NO. 2009 - 180 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 (Andrew Morris Municipal Drain) • WHEREAS By -law No. 83 -31 (Township of Kincardine) of The Corporation of the Municipality of Kincardine was passed by Council on November 21, 1983, providing for the construction of the Andrew Morris 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 July 28, 1983, 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 $696.77; is AND WHEREAS $72.92 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 Andrew Morris Municipal Drain has been maintained and repaired to the specifications outlined in the Engineer's Report dated July 28, 1983 by Paragon Engineering Limited as 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 $559.24 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 Andrew Morris Municipal Drain Maintenance By -law By -law No. 2009 — 180 • • 4. For paying the amount of $72.92, 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 Andrew Morris Municipal Drain Maintenance By -law ". READ a FIRST and SECOND TIME this 16 day of December, 2009. Mayor �VU_ 0_QQ Cler READ a THIRD TIME and FINALLY PASSED this 16 day of December, 2009. TMayor • MAINTENANCE ASSESSMENT SCHEDULE MUNICIPALITY OF KINCARDINE - WARD II ANDREW MORRIS MUNICIPAL DRAIN - Tile Repair Lot 25 Concession 10 MAIN DRAIN Repair Cost = $696.77 $99.14 Jan -09 4i66.09 $456.00 2.89% $20.15 Costs Percentage of $6,639.00 Costs $293.30 $97.76 Benefit & Maintenance grant (1/3 grant $135.06 Outlet Costs dollars applied if $76.20 Area By -Law By -Law Costs $ as per ADIP 2.3 c applicable) Conc. Lot Roll # acres Owner No. 83-48 No. 83 -48 (ii) Agricultural Lands 10 25 3 -102 232 H E Voskam $2 244 0 ° P 26 3 -104 5.9 R.S. Dufton 11 25 3 -138 34.1 D.C.J. & P.E. Fritz W 1/2 26 3 -139 13.6 Kell Farms Limited E 1/2 26 3 -140 11.1 Kell Farms Limited Total Assessment on Agricultural Lands Non- Agricultural Lands , 0 14.23 70 $99.14 $33.05 4i66.09 $456.00 2.89% $20.15 $6.72 $13.43 $6,639.00 42.09% $293.30 $97.76 $195.54 $3,057.00 19.38% $135.06 $135.06 $1,725.00 10.94% $76.20 $76.20 486.32 $14,121.00 89.54% $623.85 $137.53 Total Assessment on Non - Agricultural Lands $0.00 0.00% $0.00 Roads Conc 10 -11 10.4 Municipality of Kincardine $837.50 5.31% $37.00 Sdrd 25 -26 2.5 Municipality of Kincardine $813.00 5.15% $35.92 Total Assessment on Roads $1,650.50 10.47% $72.92 $0.00 $37.00 $35.92 $72.92 Total Assessment on Lands and Roads $15,771.50 100.00% $696.77 $559.24 1/28/2009 09 0128AndrewMorrisMDFinalTileL25C10Assessment Schedule.xls