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HomeMy WebLinkAbout13 063 2013 McDonald Drain Maintenance By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE � K87y iit ` ,H � 0 AAIITV OF K1NC BY -LAW NO. 2013 - 063 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 (McDonald Drain) • WHEREAS By -law No. 76 -4 of The Corporation of the Municipality of Kincardine (Township of Bruce) was passed by Council April 7, 1976, providing for the construction of the McDonald 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 December 21, 1975 prepared by A.W. Clark & Associates, 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 $9,662.34 and a grant of $2,357.36 was received leaving $5,119.67 to be raised by a cash assessment and $2,185.31 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 McDonald Drain be maintained and repaired to the specifications outlined in the Engineer's Report dated December 21, 1975 by A.W. Clark & Associates, 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 $7304.98 necessary to be raised by the 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. 111 .../2 Page 2 2013 McDonald Drain Maintenance By -law By -law No. 2013 - 063 4. For paying the amount of $2,185.31 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 McDonald Drain Maintenance By- law". READ a FIRST and SECOND TIME this 5 day of June, 2013. �--�� G � M yor Clerk • READ a THIRD TIME and FINALLY PASSED this 5 day of June, 2013. • 4 ayor Clerk 1111 1111 This is Schedule "A" " to By -Law No. 213- C' the 5441 day of �J�.r 201 III MAINTENANCE ASSESSMENT SCHEDULE MUNICIPALITY OF KINCARDINE (WARD 111) McDONALD MUNICIPAL DRAIN - Cleanout Lot 19, Concession 11 to Lot 25, Concession 10 MAIN DRAIN - OPEN PORTION Repair Cost = $9,662.33 Costs Percentage of Apr -12 Project Completion Benefit & Maintenance Costs 14 -Dec -11 grant (1/3 grant Date Outlet Costs dollars applied if By -Law # By -Law # as per applicable) Area ADIP 2.3 c 76 - 4 76 - 4 Costs $ Conc. Lot Roll # acres Owner (ii) Agricultural Lands 11 19 0- 003 -083 50 McGillvray Farms $2,393.88 9.70% $937.20 $312.40 $624.80 11 20 0- 003 -084 80 Donelda MacGillvray $2,035.18 8.25% $796.77 $265.59 $531.18 11 21 0-003 -085 75 Underwood Farms $1,023.64 4.15% $400.75 $133.58 $267.17 1 22 0-003-086 36 Dennis White $903.41 3.66% $353.68 $117.89 $235.79 11 23 0- 003 -087 100 Ontario Peninsula Farms $1,633.95 6.62% $639.68 $213.23 $426.45 11 24 0- 003 -088 50 Ontario Peninsula Farms $1,018.50 4.13% $398.74 $132.91 $265.83 11 W 1/2 25 0- 003 -088 25 Ontario Peninsula Farms $509.25 2.06% $199.37 $66.46 $132.91 10 20 0- 003 -036 30 Glen McGillvrary $877.44 3.56% $343.52 $114.51 $229.01 10 21 0- 003 -037 45 Jack VanBaaren $597.58 2.42% $233.95 $77.98 $155.97 10 22 0- 003 -039 45 Jack VanBaaren $937.46 3.80% $367.01 $122.34 $244.67 10 23 0-003 -039 55 Jack VanBaaren $1,561.15 6.33% $611.18 $203.73 $407.45 10 Pt. 24 0- 003 -040 50 Ontario Peninsula Farms $1,248.41 5.06% $488.75 $162.92 $325.83 10 25 0- 003 -041 65 Ontario Peninsula Farms $942.02 3.82% $368.80 $122.93 $245.87 10 W 1/2 26 0-003 -042 38 Ontario Peninsula Farms $979.98 3.97% $383.66 $127.89 $255.77 10 E 1/2 26 0- 003 -043 35 Claire Allen $672.35 2.72% $263.22 $87.74 $175.48 10 27 0-003 -045 38 Ontario Peninsula Farms $729.98 2.96% $285.78 $95.26 $190.52 Total Assessment on Agricultural Lands $18,064.18 73.19% $7,072.06 $2,357.36 $4,714.70 Non- Agricultural Lands E 1/2 25 0- 003 -090 10 Ruth McLean $258.60 1.05% $101.24 $101.24 Pt. 24 0-003 -040 10 Jack Etherton $775.81 3.14% $303.73 $303.73 T sessment on Non- Agricultural Lands $1,034.41 4.19% $404.97 $404.97 Roa s Municipality of Kincardine (geographic Township of $737.52 2.99% $288.74 $288.74 Sideroad 20 Bruce) Municipality of Kincardine (geographic Township of $76.35 0.31% $29.90 $29.90 Sideroad 25 Bruce) Municipality of Kincardine (geographic Township of $4,768.05 19.32% $1,866.67 $1,866.67 Concession 10 -11 Bruce) Total Assessment on Roads $5,581.92 22.62% $2,185.31 $2,185.31 Total Assessment on Lands and Roads $24,680.51 100.00% l' l $9,662.34 $7,304.98 12/4/2012 MacDonald MD •