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Home My WebLink AboutBRU 81 022 Wrightson drain #13 nicipal World Limited - Form 115 fge1of4 (. r use only by municipalities not within t e District of Muskoka, or a regional unicipality, or a restructured county. DRAINAGE BY-LAW NO. 81-22 Drainage Act. R.S.O. 1980, c. 126, s. 45 (1), Fonn 6, O. Reg. 300/81 '1 1 (*) Na!"e?f A by-law to provide for a drainage works in the (a) ...........T.º~n~t!lp............... of .......~r.!!!;~......................... NUßlClpa1tty in the ............ .Ç.9.\!n t..Y......................................... of ................. .!!r.U!;!:............................................................ WHEREAS the requisite number of owners have petitioned the council of the ...Jº!'!.IJ.~.~.i.P................... of ........~.r:.I,I.ç.¡;................................ in the .... ...... ~º¡¡.IJ.ty............ ................of ................ßr.U.c.e............. ........ .... in accordance with the provisions of the Drainage Act, requesting that the following lands and roads may be drained by a drainage works. (b) (þ) Here set qut the de· riptiODO( e lands d roads, name of aiD ifre- ¡rorim- ovement existing aiR. Concession 2 and 3. Lots 19 to 22. Centred over Concession 2 and 3 and sideroad 20-21 including Concession 3 and 4. Lot 22. . ~ 1 ~ AND WHEREAS, the council of the ......T.<?~~.~.~~.p........... of ........~r.!!!;~............. in the .....,Ç9.I,I.lJJ..Y................ of ........~r.~~~...................................... has procured a report made by ....~...~.....C.J.¡¡,r.k....P......ErJ.9.................. and the report is attached hereto and forms part of this by-law: (c) I ¡ f MUNICIPAL DRAIN #13 WRIGHTSON DRAIN EXTENSION 91-~~(';¡) HISTORY . The downstream end of the subject drain was constructed under a report of G. E. Stephenson, P. Eng., dated August 2, 1950 and was called the Wrightson Drain. The Wrightson Drain had its outlet in Willow Creek in Lot 24, Concession 4. The drain proceeded west and south in Lots 24 and 23 and west and south in Lot 22 for a total length of 3,300 feet. The upstream portion of the subject drain has been the subject of earlier agreements, awards, and reports. The earliest agreement was dated 1913 with an Engineer's Report prepared November 10, 1916. TwO awards were made dated October 4, 1918 and a further agreement was made January 17, 1939. The latest matter concerning the upstream end of the subject drain was the Mac Brown Drainage Award of July 28, 1941, prepared by Mr. G. E. Stephenson, P. Eng., under the provisions of the Ditches and Watercourses Act. It would appear from a review of the Township drainage files that this award is the most recent drainage matter which concerns the upstream lands in the watershed. DRAINAGE AREA The drainage area of this municipal drain is as shown on the plan and includes all or parts of the following lots: Lots 21 and 22, Concession: 1; Lots 18, 19, 20, 21, and 22, Concession 2; Lots 19, 20, 21, 22, and 23, Concession 3; and Lots 20, 21, and 22, Concession 4, all of which are in the Township of Bruce. I , The predominate soil in this watershed is Perth Clay which constitutes the eastern 60% of the watershed. Perth Clay is a heavy textured till having smooth gentle slopes with few stones and imperfect natural dràinage with an agricultural capability rating of Class 1. The southern portion of the watershed is made up of Huron Clay Loam which is a heavy textured till having good natural drainage with few stones and being smooth to moderately sloping in topography. The predominate soil twe in the west section of the watershed is Berien Sandy Loam which is a sandy outwash over heavy till. This soil type has imperfect natural drainage and has a smooth very gently sloping topography and is stone free. The area within the watershed in Lot 22 of Concession 2 consists of Wauseon Sandy Loam which is a sandy outwash over heavy till having poor natural drainage. It is stone free and has smooth very gently sloping topography. All of the land within the watershed has an agricultural capability rating of Class 1. The majority of land within this drainage area is used for agricultural production of cash crops (corn and grain) or pasture. Lot 19, Concession 3 consists mainly of bush as well as portions of bush on Lots 20, 21, Concession 2. WATERSHED BOUNDARY The watershed boundary which is shown on the plan was established from field inspection, air photo interpretation, discussions with landowners, and referral to the watershed boundary of an adjacent report northwest of the subject drain. The owner of Lot 18, Concession 2 indicated that land in that lot has been tiled to the west. This fact has been taken into account in the assessments and no allowance for drainage from that parcel of land has been provided for in the drain. It is not anticipated that the bush land of Lot 19, Concession 3 will be cleared, and no provision has been made in the sizing of the tile and the construction of the drain to accept the tiling of that lot. This fact is like- wise reflected in the assessment schedule. A plan for the Wrightson Drain is not on file with the Township and the boundaries indicated in this report were checked for general conformity with the areas assessed in the wrightson Drain report, however, we feel that drainage waters from that small section of land in Concession 1 are draining to this drain. and, therefore, should be assessed accordingly. PRESENT CONDITION r The watershed is presently served for drainage outlet by an open drain which has its outlet into the Wrightson Drain in Lot 22 at the boundary between Concessions 3 and 4. The drain proceeds southerly through Lot 22 and Lot 21 until it reaches Sideroad 20-21, proceeds through the Sideroad through a corrugated steel pipe and then proceeds southerly along the west side of the Sideroad to the Concession Road, and proceeds through the Concession Road by way of corrugated steel pipe to the upstream side of Concession Road 2_3. Lands in the south-west quadrant of this intersection drain by private drains and roadside ditches to this intersection; surface water from the bushlot in Lot 19, Concession 3 proceeds by overland flow and by ditch drainage easterly until it reaches the intersection of the Sideroad and Concession Road and proceeds to the open drain. The southern part of Lot 20, Concession 3 drains directly to the open drain while the northern section consists of undulating land with pot holes and has no direct natural outlet although water does flow in a general south-easterly direction to pond at the Sideroad. It is proposed to give outlet to this land which presently does not have direct f r , f · ~~~ -2- outlet by means of the creation of Branch A to the Municipal Drain No. 13. Lands in the south-east quadrant of the intersection drain by private drains northerly through the Concession Road by a private crossing and enter the existing open drain downstream of~the second culvert. The remaining lands within the watershed have direct outlet to the existing open drain. The surface water culvert located at the intersection of the two Township Roads does not provide adequate depth to receive water from a tile system. Likewise, the existing open drain provides a minimal depth fòr tile outlet throughout its entire length. ponding at the downstream outlet end of the open drain has been experienced due to the construction of a hydro access road for the tower line. Water presently flows over a ford which has been created by Hydro to allowaccess to the towers to the east of the drain. The elevation of the ford is such that water is backed up on Lot 22, Concession 3. J fl-.:Ió/(/f) Form No. 115 Page 2 of 4 AND WHEREAS the estimated total cost of constructing the drainage works is $ l.~...nQ,.QQ............... AND WHEREAS $.1.l..11S.00...is the amount to be contributed by the municipality for construction of the drainage works. AND WHEREAS $ ....~.~.~.::................. is being assessed in the .......~.~.~~.............. of ....~.~~~~................. (d) eloul in the .......................:.:.:.:::.......................................... of ................~.~.~.::::................................................(d) Ollie sments in a y add' ianal my 'cipality. ----- NIL ---- AND WHEREAS the council is of the opinion that the drainage of the area is desirable; THEREFORE the council of the ..................I!1W!!!!h.lI)................. of ..............ßr.!!!;~........................... pursuant to the Drainage Act, enacts as follows: 1. The report is dated...Jul,¡¡..2B.....19.81... and attached hereto is hereby adopted and the drainage works as therein indicated and set forth is hereby authorized, and shall be completed in accord- ance therewith. 2. (1) The Corporation of the ......................I~~~~.~.~.~............... of ..................~:.~~~........................... may bonow on the credit of the Corporation the amount of $l~.,.u.~.,.9.9..... , being the amount necessary for construction of the drainage works. (2) The Corporation may issue debentures for the amount bonowed less the total amount of, (a) grants received under section 85 of the Act; (b) commuted payments made in respect of lands and roads assessed within the municipality; (c) moneys paid under subsection 61 (3) of the Act; and (d) moneys assessed in and payable by another municipality, and such debentures shall be made payable within ....Q....... years from the date of the debenture and shall bear interest at a rate not higher than the rate charged by The Ontario Municipal Improvement Corporation on the date of sale of such debentures. . f/-~,H5) Form No. 115 Page 3 of4 3. A special equal annual rate sufficient to redeem the principal and interest on the debentures shall be levied upon the lands and roads as set forth in the Schedule to be collected in the same manner and at the same time as other taxes are collected in each year for ..........~........ years after the passing of this by-law. SCHEDULE Concession Parcel of Land or part thereof Total Amount Assessed 1 21 530. . .1 1 Total - Lands other than roads and lands of the municipality 59 870. Roads (and lands) of municipality J -~ TOTAL 73,115. 4. For paying the amount of $ll.;¡.4.~............ being the amount assessed upon the lands and roads belonging to or controlled by the municipality, a special rate sufficient to pay the amount >j I ! assessed plus interest thereon shall be levied upon the whole rateable property in the ................... Township Bruce. 5 . .............................of ........................... U1 each year for ........................... years after the passmg of this by-law to be collected in the same manner and at the same time as other taxes are collected. I . l r 1; ~ . ~ 'll-J~ (l.) Form No. 115 Page 4 of 4 5. All assessments of $ 5.0.a................ or less are payable in the first year in which the assessment is imposed. 6. This by-law comes into force on the passing thereof and may be cited as "....Muntcipal............. ..... ...Qr.a:in. .1.13................... .......... ............ ........ ...... ............ .................................. ........ By-law." FIRST READING ....º~.~~.~.~.':'..?,..J.~~L........................... SECOND READING ....º!;.t9.~.¡;X'..?,...~.~!'!~......... ................. Provisionally adopted this .......7....C!!.........day of øf:t.~.~,.. 19<Jr..!.. ···......··..·c¡y£·tt~~·~....................·· THIRD READING .... ......~~..~~. !:'.....}... ......I..f.?.';!,.,............. ENACTED this ......T.~!.~~............day of ......H.~.f!...(.~...........19..f>.~, ClJ2 : " ' .- ....·....f·~=·tt:·~~~......·'.:··,....··.......... hJL::--"-: ",- ..·..·......................(/·é;~~¡;·..·".,·....·..........··........·.. J___' NOTICE OF SITTING OF COURT OF REVISION Drainage Act, R.S.O. 1980, c. 126, s. 46 (1) and (2) Notice is hereby given that a Court of Revision will be held at ...j;h~.,Çº.I,I.IJ.ç.i.L~t!~(1)Þ.~r..~.................... ....................... Cl1nmu.ni.tY... C;en tr.¡¡.... .Un.d.ex.wQQå ~.. Qnt~r.i .0.... .................................................................... on the ......F.oUr.tb.........day of .....................Noltember.............., 19..81......................at ...1.:3.0.................. o'clock in the ......a.f.t.er.......... noon to hear any owner of land, or, where roads in the local municipality are assessed, any ratepayer, who complains that his or any other land or road has been assessed too high or too low or that any land or road that should have been assessed has not been assessed, or that due consideration has not been given or allowance made as to type of use of land, who personally, or by his agent, has given notice in writing to the clerk of the municipality that he considers himself aggrieved for any or all such causes. ....................4i~..............~.................. ~~"k~iciPalitY If no notice of intention to make application to quash a by-law is served upon the clerk of the councü within ten days after the passing of the by-law or, where a notice of intention has been given, if an application to quash is not made to the referee within three months after the passing of the by-law, the by-law or so much thereof as is not the subject of or is not quashed upon any such application, is valid and binding according to its terms, so far as it prescribes or directs anything within the proper competence of the council: the Drainage Act. R.S.O. 1980, c. 126, s. 58 (2). ,