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HomeMy WebLinkAbout13 065 2013 Russell Municipal Drain Maintenance By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE "*F2 ,v, • /C /mL!TY OF KING BY -LAW NO. 2013 - 065 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 (Russell Municipal Drain) • WHEREAS By -law No. 90 -22 of The Corporation of the Municipality of Kincardine (Township of Kincardine) was passed by Council November 19, 1990, providing for the construction of the Russell 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 September 10, 1990 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 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 the Branch A — Tile Portion repair is $1,405.30 and a grant of $342.40 was received leaving $688.58 to be raised by a cash assessment and $374.33 as the amount to be contributed by the Municipality for • the maintenance and repair of the municipal drain; AND WHEREAS the cost of the Main Drain — Tile Portion repair is $1,017.60 and a grant of $0.00 was received leaving $1,017.60 to be raised by a cash assessment and $0.00 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 Russell Municipal Drain be maintained and repaired to the specifications outlined in the Engineer's Report dated September 10, 1990 by Paragon Engineering Limited, contained within the current by -law. 2. That the actual costs of this drainage repair and maintenance, attached hereto as Schedule 'A' for Branch A and Schedule "B" for the Main Drain, be assessed as per the current by -law less any grant money received for lands eligible to receive agricultural grants. • .../2 Page 2 2013 Russell Municipal Drain Maintenance By -law By -law No. 2013 - 065 3. That the amount of $1,062.91 for Branch A and $1017.60 for the Main Drain is 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. 4. For paying the amount of $374.33 for Branch A and $0 for the Main Drain 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 Russell Municipal Drain Maintenance By -law ". 1111 READ a FIRST and SECOND TIME this 5 day of June, 2013. r -- 7 1 Mayor Clerk �1 READ a THIRD TIME and FINALLY PASSED this 5 day of June, 2013. - Inkcke. )01642.e ayor Clerk • • This is Schedule " A . . " to By -Law No, passed the 5 441 day of .Tune 2013 Ill MAINTENANCE ASSESSMENT SCHEDULE MUNICIPALITY OF KINCARDINE WARD II RUSSELL MUNICIPAL DRAIN - Tile Repair Lot 38, Concession A BRANCH A - TILE PORTION Repair Cost = $1,405.31 Costs Percentage of Apr -12 grant Benefit & Maintenance dollars Costs Project Completion 16- Oct -11 Outlet Costs as per (1/3 grant Date applied if By -Law # By -Law # ADIP 2.3 c applicable) Conc. Lot Roll # ha Owner 90 - 22 90 - 22 Costs $ (��) Agricultural Lands A E Pt 35,36,37 4 -296 R.W.R.& S.F.& H.G. Hayes 6.77 14.79% $207.82 $69.27 $138.55 A E Pt 38,39 4 -302 H.J.Seiber Farms Ltd. 4.28 9.36% $131.51 $43.84 $87.67 6 Pt 1 2 -151 2209337 Ontario Inc. 22.40 48.95% $687.87 $229.29 $458.58 T.sessment on Agricultural Lands 33.45 73.09% $1,027.19 $342.40 $684.80 Non - Agricultural Lands A E Pt 38,39 4 -299 Dianne Farrell 0.12 0.27% $3.78 $3.78 Total Assessment on Non - Agricultural Lands 0.12 0.27% $3.78 $3.78 Roads King's Highway No. 21 Min. of Transportation 12.19 26.64% $374.33 $374.33 Total Assessment on Roads 12.19 26.64% $374.33 $374.33 Total Assessment on Lands and Roads 45.76 100.00% $1,405.30 $1,062.91 • 12/4/2012 Russell MD Br A III This is Schedule "ii," to By - Law No. - passed the 5iI day of )u 20f 4110 MAINTENANCE ASSESSMENT SCHEDULE MUNICIPALITY OF KINCARDINE WARD II RUSSELL MUNICIPAL DRAIN - Tile Repair Inspection MAIN DRAIN - TILE PORTION Repair Cost = $1,017.60 Costs Percentage of Apr -12 Project Completion Benefit & Maintenance 7- Dec -11 Outlet Costs Date By -Law # By -Law # Area 90 - 22 90 - 22 Costs $ Conc. Lot Roll # ha Owner Agricultural Lands Total Assessment on Agricultural Lands 0.00 0.00% $0.00 • Non - Agricultural Lands Total Assessment on Non - Agricultural Lands 0.00 0.00% $0.00 Roads King's Highway No. 21 Min. of Transportation 6.54 100.00% $1,017.60 Total Assessment on Roads 6.54 100.00% $1,017.60 Total Assessment on Lands and Roads 6.54 100.00% $1,017.60 III 12/4/2012 Russell MD Main III