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HomeMy WebLinkAbout13 059 2013 Municipal Drain #9 - Anness Branches A & B - 2011 Maintenance By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE dA 3); - c, III i_1:9Jt* 0 -47,1,7-.* , 4,4/C /,1LITY OF Kl, B - LAW NO. 2013 - 059 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 (Municipal Drain #9 - Anness Branches A & B - 2011) • WHEREAS By -law No. 2011 -078 of The Corporation of the Municipality of Kincardine was passed by Council July 13, 2011, providing for the construction of the Municipal Drain #9 - Anness Branches A & B - 2011, being the current by- law; AND WHEREAS Council maintained and repaired this Drain, without a new report of an Engineer, but in accordance with specifications outlined in the current Engineer's Report dated April 29, 2011 prepared by R.J. Burnside & Associates 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 $5,153.49 and a grant of $1,569.00 was received leaving $3,138.01 to be raised by a cash assessment and $446.48 • as the amount to be contributed by the Municipality for the maintenance and repair of the municipal drain; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine, ENACTS as follows: 1. That the Municipal Drain #9 - Anness Branches A & B - 2011 be maintained and repaired to the specifications outlined in the Engineer's Report dated April 29, 2011 by R.J. Burnside & Associates Limited, 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 $3,584.48 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. ....12 Page 2 2013 Municipal Drain #9 - Anness Branches A & B - 2011 Maintenance By -law By -law No. 2013 - 059 4. For paying the amount of $446.48 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 "2013 Municipal Drain #9 - Anness Branches A & B - 2011 Maintenance By -law ". READ a FIRST and SECOND TIME this 5 day of June, 2013. ayo Clerk • READ a THIRD TIME and FINALLY PASSED this 5 day of June, 2013. A - `1 - 4 Ma or Clerk 111 111 This is Schedule " " to By -Law No. - 055 passed the 5 day of -3-Line 2013 • MAINTENANCE ASSESSMENT SCHEDULE MUNICIPALITY OF KINCARDINE WARD III #9 ANNESS MUNICIPAL DRAIN - Cleanout Lot 28, Concession 10 to Lot 30, Concession 10 MAIN DRAIN - OPEN Repair Cost = $5,153.48 Costs Percentage of Apr -12 grant Costs Project Completion Benefit & Maintenance dollars (1/3 grant Date 8 -Sep -11 Outlet Costs as per applied if By -Law # By -Law # ADIP 2.3 c applicable) Area (ii) 2011 - 078 2011 - 078 Costs $ Conc. Lot Roll # ha Owner Agricultural Lands 9 29 2 -266 24.6 A. Davey & Sons Ltd. 8.00% 14.75% $759.96 $253.32 $506.64 9 30 2 -267 1.2 A. Davey & Sons Ltd. 0.30% 0.55% $28.50 $9.50 $19.00 1 28 3- 045 -10 34 Ontario Peninsula Farms Ltd 3.25% 5.99% $308.73 $102.91 $205.82 1 29 3 -046 40.5 Ontario Peninsula Farms Ltd 14.00% 25.81% $1,329.93 $443.31 $886.62 1 30 3 -047 39.7 K. Elliott 15.00% 27.65% $1,424.93 $474.98 $949.95 10 W 1/2 31 3 -048 12.1 R. & D. Dufton 9.00% 16.59% $854.96 $284.99 $569.97 Total Assessment on Agricultural Lands 49.55% 91.34% $4,707.01 $1,569.00 $3,138.01 Non- Agricultural Lands Total Assessment on Non Agricultural Lands 0.00% 0.00% $0.00 $0.00 Roads Sideroad 30 Municipality of Kincardine 4.70% 8.66% $446.48 $446.48 Total Assessment on Roads 4.70% 8.66% $446.48 $446.48 Total Assessment on Lands and Roads 54.25% 100.00% $5,153.49 $3.584.48 • 12/4/2012 Anness MD •