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HomeMy WebLinkAbout14 137 2014 Ribey Municipal Drain Maintenance By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KB _ t*, • A vie' Af ..;;40 ALIry OF KING BY -LAW NO. 2014 -137 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 (Ribey Municipal Drain) WHEREAS By -law 974 1968 (Township of Bruce) of The Corporation of the Municipality of Kincardine was passed by Council on October 16, 1968, providing • for the construction of the Ribey 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 August 22, 1968 prepared by A.M. MacKay & 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 $774.80 and a grant of $241.49 was received leaving $482.98 to be raised by a cash assessment and $50.33 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 Ribey Municipal Drain has been maintained and repaired to the specifications outlined in the Engineer's Report dated August 22, 1968 as prepared by A.M. MacKay & Associates Limited 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 $482.98 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 $50.33, 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. Page 2 2014 Ribey Municipal Drain Maintenance By -law By -law No. 2014 - 137 5. This by -law shall come into full force and effect upon its final passage. 0 6. This by -law may be cited as the "2014 Ribey Municipal Drain Maintenance By -law ". READ a FIRST and SECOND TIME this 5th day of November, 2014. READ a THIRD TIME and FINALLY PASSED this 5th day of November, 2014. V Mayor Clerk • • • MAINTENANCE ASSESSMENT SCHEDULE MUNICIPALITY OF KINCARDINE WARD III RIBEY MUNICIPAL DRAIN - Tile Repair Lot 7, Concession 13 SYSTEM C Repair Cost = $774.80 Costs Percentage of Mar -14 grant Costs Benefit & Maintenance dollars Project Completion 27-May-13 (1/3 grant Date y Outlet Costs as per applied if By - Law # By - Law # ADIP 2.3 c applicable) Area (ii) 974 of 1968 974 of 1968 Costs $ Conc. Lot Roll # acres Owner Agricultural Lands XII 6 312200 8.5 Murray Ribey Farms Ltd. $85.00 2.57% $19.90 $6.63 $13.26 XII 7 312200 14.1 Murray Ribey Farms Ltd. $375.00 11.33% $87.78 $29.26 $58.52 Ontario Pennisulla Farms $285.00 8.61% $66.71 $22.24 $44.48 XIII S 1/2 6 317600 28.4 c/o Pelee Island Winery Ontario Pennisulla Farms $1,025.00 30.97% $239.93 $79.98 $159.95 XIII S 1/2 7 317600 40.7 c/o Pelee Island Winery Ontario Pennisulla Farms $135.00 4.08% $31.60 $10.53 $21.07 XIII N 1/2 6 317500 13.3 c/o Pelee Island Winery Ontario Pennisulla Farms $1,190.00 35.95% $278.55 $92.85 $185.70 XIII N 1/2 7 317500 50 c/o Pelee Island Winery Total Assessment on Agricultural Lands $3,095.00 93.50% $724.47 $241.49 $482.98 Non - Agricultural Lands Total Assessment on Non - Agricultural Lands $0.00 0.00% $0.00 $0.00 Roads Concession 12 2.8 215.00 6.50% $50.33 $50.33 Total Assessment on Roads $215.00 6.50% $50.33 $50.33 Total Assessment on Lands and Roads $3,310.00 100.00 %'' $774.80 $533.31 • 3/26/2014 2013 KIN - Invoice - Grant - Assessment Schedules.xlsm . ht9 ; 10 11- 1 12 13 I' > 15 ` 1' T 2 s � s 4e ) .: ■ NORTH °' d ■ 1 ■ • 00 ;O o tii,.P BRUCE a y �..�� 1) ioff is .t.t• i 1 ( FAN , ' 1 d 1 • R•IBEY DRAIN ` �' ' '� __,-.-...-. iii. f � h • it, ./ • . • LOTS 6,7, 8 a 9 O } � , �-•• - ' CONC. XI, XII, XIII & XIV i, • ill I . TOWNSHIP OF BRUCE . . • 870' . X 11 I / Ill SCALE I AUGUST 15; 196 8. © t eoo : ' a 1/ 175 . .1 ii . LEGEND � L' r . TOTAL .DRAINAGE AREA rs ;,- . mop 1. v • BENEFIT , AREA / / -___- DRAINAGE TILE - -- - -� 1 ' : . IL (1 E , .I �- ' • lr • Ribey MD System C Municipality of Kincardine Ward III NORTN ., try .. . • BRUCE �• s ', A ' )t i ;7* 1 Tz 2 i, ��� ,- ..,,,, , 1 XIV _ ' . i ,, ‘ l 7 •o Ilk / " . . - - - ' i n fr R U C E l'a% . INV fr -__ 1 il a xiv ; clally, 1 , . , , .I. 1. \. - 70/ xtil 1 .f m6- . - iff,: 5 8. . Of 0 1100 r INA�GE AREA ..... Mt ,Tref( ( \REA ad 17411111k4 WAIN. 4 \ TILE '. 11 _ _ .�i ` f, ~" ......77 \ ,_,° Description of Drain Maintenance 1 Tile Repair in Lot 7/8 ,Conc. 13 My records show it is an 8 inch tile. r • ,• Application for Maintenance Grant Mail To: Ministry of Agriculture, Food and Rural Affairs !' Ontario Environmental Management Branch under the Drainage Act and the 3rd Floor SE,1 Stone Rd W, Guelph, ON NIG 4Y2 Ministry of Agriculture, Food and Rural Affairs Agricultural Drainage Infrastructure Program (ADIP) Attention: Drainage Please Print or Type Application Reference Number: TP/M 2013 - MAIN Municipality: Kincardine I Drainage Superintendent: George Guse OMAFRA questions Name: George Guse County, Region, District Company Name R.J.Burnside & Associates regarding this application • Telephone: S19- 357452 Bruce 1 X 855 applicable): (t' f (if applicable): Ltd. should be directed to Email: aouse@rjburnside.com Drain Project Length of ' Assessment on Total Cost Assessment on Name of Drain on which the Authorizing. Completion Project Description of the agricultural 1 Assessment on (inc. Net HST) of the Agricultural Land Grant 4e Maintenance' Project occurred By -law No. Date Drain Type (metres) Maintenance 4 Project lands (A) all lands (T) Maintenance 4 Project (AT) X C Amount 2 1 Ribey MD Section 1 974 of 19681 l 27 Map _. _ Repair Tile $3,095.00 $3,310.00 $774.80 $724.47 $241.49 1 3 4 - 5 6 7 8 9 10 Note 1) From the last revised By -law, obtain the total assessment against properties eligible for grant (see ADIP Policy 2.2) to be assessed for this maintenance work and divide by the total Total Cost of all Total Agriculntral Total Grant assessment against all lands (T) to be assessed for this maintenance work. Multiply by the actual costs of the maintenance (C). Maintenance Projects Assessment (TA) : Amount 2 Note 2) Grant amount is 1/3 of (TA) in Southern Ontario and 2/3 of (TA) in Northern Ontario. The total grant paid by OMAFRA for all maintenance and superintendent claims will not exceed the approved municipal allocation (see ADIP Policy 2.1) 774 $7 2A .47 $1241.49 Note 3) Supporting documentation for one of the above projects (as detailed in ADIP Policy 2.3) must be submitted with this application form. Note 4) "Maintenance' includes drain maintenance, repair. minor improvement and operations. Check ADM policy Section 2.2 for maintenance grant eligibility criteria. NOTE TO APPLICANTS: The applicant(s) acknowledge that the information submitted could be disclosed in the event of a request made pursuant to the Freedom of Information and Protection of Privacy Act. Information submitted in confidence should be clearly marked "confidential ". Information provided on this form is that of the organization and not the personal information of the applicant. The applicant will report as required by the ministry on the use of any funds provided. The ministry reserves the right of independent verification of reported program and financial information. Funds that are not used as intended must be returned. CERTIFICATE OF TREASURER: 1 certify that the applicant is a legal entity and that: • All information is true and correct and acknowledge that this application may be denied if any of the information is false or incomplete. CERTIFICATE OF THE DRAINAGE SUPERINTENDENT: • The applicant complies with all applicable laws and regulations and discharges its responsibilities in compliance with ministry requirements. I certify that the above maintenance, repair or minor improvement projects were • Subject to Section 75 (3) of the Drainage Act, the above described maintenance' work has been assessed upon upstream lands and roads in the proportion determined undertaken on my recommendation and under my supervision in accordance with by the most recent by -law pertaining thereto; the grant claim for the assessments made upon privately owned agricultural lands complies with Drainage Act S. 85 to 87 Section 85 (a) (ii) of the Drainage Act, and have been completed to my satisfaction. and with Section 2 of the Agricultural Drainage Infrastructure Program (ADIP) policies. Treasurer's Name (print or type): Treasurer's Signature: Date: Signature: (Date: ^ 7 '�E:..1�_k. } (t x ..s...:=c_.n._� r cc y , L,c'.. r =d °= - 2 EXISTING DRAINAGE Numerous swales are in existence throughout the drainage area. • The sub - surface soil consists of a hard, impervious clay which tends to hold the ground water which collects in the natural depressions of the land. Crop yield in these swale areas is a great deal lower then the balance of the land. A tile drainage system will improve the workability and the yield of the soil. PROPOSED IMPROVEMENTS Generally, we intend to construct a tile drainage system which will remove the excess ground water by following the natural water course. Because of the complexity of the drainage area, four individual • systems have been developed. Each of these will remove water from one individual area to the existing outlet, using a system of ' tile drains. An examination of the enclosed plan will reveal the above pro- posals and show the areas where it is felt that new culverts are required. No severance will be paid because culverts are provided where required. After construction:, the work shall be maintained by the Township of Bruce at the expense of the roads and lands assessed herein and in the same relative proportion, until the said assessment shall be varied according to the provisions of the Drainage Actb It should be noted that the figures shown in the following assess- ments do not account for any aid or grant received under Section 64 of the Drainage Act or A.R.D.A. Any money received from these sources will be deducted from the total assessment schedule. Application for these grants must be made within (3) months after the passing of the By-law and before work is commenced. Our estimate for the cost of the work is as follows: - f SYSTEM "C" 7 Part Area in Lot Conc. Owner Acres Benefit Outlet 6 XII M. Ribey 8.5 85,00 7 XII W. Ribey 5.7 290.00 7 XII " It 8.4 85.00 6 (S.1 /2) XIII D. Jeffrey 28.4 285.00 7 (S.1 /2) XIII D. Jeffrey 15.2 770.00 7 (S.1 /2) XIII " " 25.5 255.00 6 (N.1 /2) XIII W. Jeffrey 13.3 135.00 7 (N.1 /2) XIII " 17.0 860.00 7 (N.1 /2) XIII " It 33.0 330.00 8 XIII W. Ribey 16.8 855.00 8 XIII " " 13.3 135.00 Township Roads & Allowances 0.7 105.00 :t n it 2.1 110.00 TOTAL BENEFIT $2880.00 TOTAL OUTLET $1420.00 TOTAL ASSESSMENT $4300.00 SYSTEM "D" 7 XIV T. Laurie 6.4 200.00 7 XIV " " 6.5 40.00 8 XIV W. Howe 2.5 75.00 8 XIV it " 8.5 55.00 TOTAL BENEFIT $ 275.00 TOTAL OUTLET $ 95.00 TOTAL ASSESSMENT $ 370.00 ASSESSMENT DRAIN "A" $ 3,200,00 ASSESSMENT DRAIN "B" 3,280.00 ASSESSMENT DRAIN "C" 4,300.00 ASSESSMENT DRAIN "D" 370.00 TOTAL ASSESSMENT $11,150.00. R.J. Burnside & Associates Limited 449 Josephine Street P.O. Box 10 Wingham ON NOG 2W0 Canada telephone (519) 357 -1521 fax (519) 357 -3624 web www.rjburnside.com (: BU RNSIDE Ui =rr r? r° rs. ,,3t1 Transmittal Date: April 16, 2014 File No.: MCW144830.2013 Re: Application for Maintenance Grant To Attention: Drainage Company: Ministry of Agriculture, Food Address: 3rd Floor SE, 1 Stone Rd. W. and Rural Affairs Guelph ON N1G 4Y2 From Name: George Guse Sent Via: Courier Enclosed items: 1 Application for Maintenance Grant (1 page) 2 Supporting Documentation (5 pages) Comments: Please contact our office if you have any questions or concerns. Regards, 140416 trans OMAFRA.doc 4/16/2014 11:52 AM Sent By: [Initial]