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HomeMy WebLinkAbout13 064 2013 Royal Oak Creek Municipal Drain Maintenance By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE k dA KBT� y 1� i , � 9i 1lITY OF KMCP� BY -LAW NO. 2013 - 064 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 (Royal Oak Creek Municipal Drain) • WHEREAS By -law No. 71 -11 of The Corporation of the Municipality of Kincardine (Township of Kincardine) was passed by Council, April 1971 providing for the construction of the Royal Oak Creek 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 prepared by E.M. Gibson Ltd. P. Eng. O.L.S. , 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 $5,313.91 and a grant of $1,629.60 was received leaving $3,259.20 to be raised by a cash assessment and $425.11 • 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 Royal Oak Creek Municipal Drain be maintained and repaired to the specifications outlined in the Engineer's Report by E.M. Gibson Ltd. P. Eng. O.L.S 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 Tess any grant money received for lands eligible to receive agricultural grants. .../2 • Page 2 2013 Royal Oak Creek Municipal Drain Maintenance By -law By -law No. 2013 - 064 3. That the amount of $3,684.31 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. 4. For paying the amount of $425.11 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 Royal Oak Creek Municipal Drain Maintenance By -law". READ a FIRST and SECOND TIME this 5 day of June, 2013. 111111IPA 57)".%R. • ti►^Q c,k n ! Mayo Clerk u READ a THIRD TIME and FINALLY PASSED this 5 day of June, 2013. , 7( +14c.t.c-aucee Mayor Clerk 1111 • This is Schedule " A " to By -Law No. 2O13- a ` 4 passed the nom' day of a-inc 2013 III MAINTENANCE ASSESSMENT SCHEDULE MUNICIPALITY OF KINCARDINE WARD II ROYAL OAK CREEK MUNICIPAL DRAIN - Tile Repair Lot 68, Concession 3 SDR P DRAIN - TILE Repair Cost = $5,313.91 Costs Percentage of Apr -12 grant Costs Benefit & Maintenance dollars 6- Dec -11 Outlet Costs as per (1/3 grant Project Completion Date p applied if By -Law # By -Law # ADIP 2.3 c applicable) Area (ii) 71 -11 71 -11 Costs $ Conc. Lot Roll # ha Owner Agricultural Lands 2 SDR 68, 69, 70 1 -090 61 P.D. Schlegel $540.00 36.00% $1,913.01 $637.67 $1,275.34 3 SDR 68, 69, 70 1 -042 150 R Schlegel $840.00 56.00% $2,975.79 $991.93 $1,983.86 T�sessment on Agricultural Lands $1,380.0 92.00% $4,888.79 $1,629.60 $3,259.20 Non - Agricultural Lands Total Assessment on Non - Agricultural Lands $0.00 0.00% $0.00 $0.00 Roads (Conc. 2 -3 SDR) South Line Municipality of Kincardine $120.00 8.00% $425.11 $425.11 Total Assessment on Roads $120.00 8.00% $425.11 $425.11 Total Assessment on Lands and Roads $1,500.00 100.00% $5,313.91 $3,684.31 III 12/4/2012 Royal Oak Creek MD III