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HomeMy WebLinkAbout09 183 2009 Convay Municipal Drain Maintenance By-LawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT ""ML�IY OF KIND BY -LAW NO. 2009 -183 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 (Conway Municipal Drain) • WHEREAS By -law No. 74 -14 (Township of Kincardine) of The Corporation of the Municipality of Kincardine was passed by Council on August 05, 1975, providing for the construction of the Convay 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 May 29, 1975 prepared by H.M. Gibson Ltd. 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 $701.08; AND WHEREAS $26.91 is the amount to be contributed by this Municipality for is repair of the municipal drain; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: That the Convay Municipal Drain has been maintained and repaired to the specifications outlined in the Engineer's Report dated May 29, 1975 as prepared by H.M. Gibson Ltd. 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 $478.67 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 the first year in which the assessment is imposed. .../2 Page 2 2009 Convay Municipal Drain Maintenance By -law By -law No. 2009 — 183 • • 4. For paying the amount of $26.91, 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 Convay Municipal Drain Maintenance By -law ". READ a FIRST and SECOND TIME this 16 day of December, 2009. - 7�z Mayor READ a THIRD TIME and FINALLY PASSED this 16 day of December, 2009. C ayor & __-, �1_ - I -= - 1 • MAINTENANCE ASSESSMENT SCHEDULE MUNICIPALITY OF KINCARDINE - WARD 11 CONVAY MUNICIPAL DRAIN - Tile and CB Repair Lot 1 to Lot 3 Concession 9 MAIN DRAIN Repair Cost = $701.08 Jan -09 20 2, W 1/2 3 Costs Percentage of E 1/2 3, 4, W 1/2 5 Costs Benefit & Maintenance grant (1/3 grant Outlet Costs dollars applied if Area By -Law By -Law Costs $ as per P ADIP 2.3 c applicable) No. 75 -14 Conc. Lot Roll # acres Owner No. 75 -14 Im $41.09 Agricultural Lands 9 1 3 -045 20 2, W 1/2 3 3 -046 45 E 1/2 3, 4, W 1/2 5 3 -047 81 E 1/2 5 3 -048 15 6 3 -04801 21 7 3 -049 16 8 3 -050 2 Total Assessment on Agricultural Lands Non - Agricultural Lands G.L. & B.M. Wylds $3,072.00 13.03% $91.34 $30.46 $60.88 E. Albrecht $5,124.00 21.73% $152.35 $50.78 $101.57 Ontario Peninsula Farms Ltd. c/o Nott Farms Ltd. $8,128.00 34.47% $241.66 $80.55 $161.11 D.C. & C. Norman $2,073.00 8.79% $61.63 $20.54 $41.09 Ontario Peninsula Farms Ltd. c/o Nott Farms Ltd. $3,024.00 12.82% $89.91 $29.97 $59.94 D.N. MacArthur $933.00 3.96% $27.74 $9.25 $18.49 Klandon Farms Ltd. c/o Kenneth Kenneth Craig $87.00 0.37% $0.86 $1,73 $22,441.00 95.17% $667.22 $222.41 $444.81 Total Assessment on Non- Agricultural Lands $0.00 0.00% $0.00 Roads Hwy # 21 MTO 234.00 0.99% $6.95 Conc Rd 8 -9 Municipality of Kincardine 231.00 0.98% $6.87 Sdrd 5 -6 Municipality of Kincardine 674.00 2.86% $20.04 Total Assessment on Roads $1,139.00 4.83% $33.86 Total Assessment on Lands and Roads $23,580.00 100.00% $701.08 $0.00 $6.95 $6.87 $20.04 $33.86 $478.67 1/28/2009 0 90127ConvayMDFinalTileCBL1- 3C9Assessment Schedule.xls