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HomeMy WebLinkAboutBRU 80 019 mun drain #12 I I I I I (a) Nte of A By-law to provide for a drainage works in the (a) Mun' pality in the County of BRUCE , '- Municipal World Limited - Form 115 Page 1 of 4 For use by Municipalities not within the District of Muskoka or a regional ~ municipality. DRAINAGE BY-LAW NO. 80-19 The Drainage Act, 1975, chapter 79, section 45 (1); Form 6, O. Reg. 467/78. TOWNSHIP BRUCE of WHEREAS the requisite number of owners have petitioned the council of the TOWNSHIP BRUCE in the County of BRUCE of in accordance with the provisions of The Drainage Act, 1975, requesting that the following lands and (b) Hojre set roads may be drained by a drainage works_ (b) OUlt1de. _ipf n of ....10 ds and r ds. :1 ., .' ¡¡oj ., , j j ¡j I I I (c) Inl rt a :. ~¡~~r!~e ..por be- (Wee pages 1 and . (To ex- clude from opy of pI ¡- Ilona! by- low t in ac rd- anee ith _ctio 46(1 ond (2»). The work proposed in this report consists of 1,410 metres of open drain work to provide outlet for the tile drains at an existing road culvert located in LOt 21, Concession 8 - 9. A small amount of downstream work will be required in LOt 21, Concession 9 in order to provide outlet for the road culvert. Within the limits of the open work, it is proposed to install two new farm crossings; one in LOt 22, Concession 8 and another in LOt 23, Concession 8. It is proposed to start the tile drain at a point in LOt 23, Concession 8 where another open drain joins the main drain and provides outlet for the subwatershed in the eastern part of the entire watershed. It is proposed to install tile outlet drain southward through the bush on the lot line between Concessions 7 and 8 proceeding to a point in the middle of Lot 24, Concession 7 where two branches will be constructed; one proceeding to the west of the farm buildings and the other proceeding to the east of the farm buildings of LOt 24, Concession 7. It is proposed to install road crossings at the Concession 6 - 7 road for each branch, terminating the drain on the south, or upstream side of the concession 6 - 7 road allowance. Junction boxes are provided at various locations throughout the drain, and catchbasin junction boxes are provided on each side of the Township road crossings to provide access for cleanout of the road crossings. The proposed tile has been designed utilizing a drainage co-efficient of 3/8" per 24 hours. This co-efficient is recommended for improved forage and general grain crops. It should be noted that it is the principle function of this drain to provide outlet for farm tile underdrainage. Catchbasin junction boxes are provided at various locations to provide convenient connection and inspection points. Sumps are provided in these catchbasins to act as sediment traps, and will require an occasional cleanout depending upon cropping practices upstream and adjacent to the junction box. During periods of high runoff overland flow will be experienced, therefore, it will be necessary to maintain a grassed waterway in the natural low run to prevent erosion~_ AND WHEREAS, the Council of the TOWNSHIP BRUCE of in the County of BRUCE has procured a report made by MAITLAND ENGINEERING SERVICES LTD. (per A. W. Clark P. Eng.) and the report is as follows; (c) . f f t ¡ I ! ¡ ~ ~ I I J MAITLAND ENGINEERING SERVICES LTD. fO-I'i (;¡) Corporation of the Township of Bruce c/o Mr. Charles Ellis, A.M.C.T. Clerk Treasurer R.R.#3 TIVERTON, Ont. NOG 2TO Reeve and councillors: Re: Municipal Drain No. 12 Township of Bruce 1980 GENERAL In accordance with your instructions pursuant to a Petition for Drainage signed by A. Davey & Sons Ltd. and others, owners of lands in Concessions 6, 7, and 8 of Bruce Township, and pursuant to two site meetings, a report dated March 28, 1980 was submitted and considered by Council at their June 12, 1980 meeting. Following that meeting and pursuant to your letter of June 25, 1980 referring the report back for reconsideration of the drainage area and other matters, I have made a further site inspection of the subject area and herewith submit my report, plan and profile, estimates, assessments, and specifications, as required by The Drainage Act 1975, for a new municipal drain to be known as Municipal Drain No. 12 (Davey), Township of Bruce 1980. The plan shows the location of the work and the lands affected thereby. The profile and specifications indicate the grades, dimensions, and other particulars of the work. LOCATION and EXISTING CONDITIONS The proposed drain is located on LOts 23 and 24, Concession 7, and Lots ~l, 22 and 23, Concession 8. The area was previously serviced by a fairly well defined ditch in Lots 21, 22 and 23 of Concession 8. However, in Concession 7 drainage is by means of natural low runs which are interrupted periodically by depressional areas. The upper watershed area of Concession 6 does not have good access. through the TOwnship Road and ponding of water exists above the Concession 6 - 7 road. within the watershed, several minor drainage schemes have been undertaken as private drainage work to alleviate drainage problems in various pot holes. Very little underdrainage has been installed within the watershed area. The watershed consists of cleared agricultural lands and a small section of bush land which exists along the rear lot line between Concessions 7 and 8. The cleared agricultural lands are mainly used as pasture land with some of the lands utilized for the production of small grains and corn. The land in the watershed consists mainly of Elderslie silty Clay Loam which has imperfect drainage, with the lower lands adjacent to the natural low runs being Chesley Silty Clay Loam which has poor drainage. ¡ l I The watershed boundary, as shown on the plan, was established by field inspection and air photo interpretation. It was the wish of the upstream petitioners that as much of the drain as possible be incorporated as a tile drain. our inspection reveàled that a new tile drain is required throughout the major portion of the upstream lands out letting into an improved open drain. The open drain also services a subwatershed located to the east of the watershed serviced by the proposed tile drain. l t In accordance with the requests of landowners at the consideration of the first report, a further inspection of the watershed boundary of the lands to the east of the original watershed boundary was conducted. This inspection revealed that some additional lands to the east of the original watershed now have access to the open drain. This access has been gained by the excavation through a small knoll in Lot 25, Concession 8. This additional land is now included in the plan of the subject drain. I r At the consideration of the original report, the owners of Lot 25, Concession 7 indicated that they understood the southwest portion of their lands would have more direct access to the tile portion of the drain. As a result of meetings with the owners of Lot 24 and Lot 25, Concession 7, it is our understanding that the two owners now intend to install private drains to service that portion of Lot 25, Concession 7. " · %0-19(9) -2- At the request of the owner of Lot 22, Concession 8, concerning the underdrainage of the northeast portion of that lot to the open drain, some additional field work was undertaken to confirm that the underdrainage can be installed with adequate outlet to the proposed open drain. We would point out that the underdrainage can be taken to this open drain although the surface water will continue to utilize other natural drainage passages. For the purposes of The Drainage Act 1975, the area requiring drainage was considererd to be that portion of the lands in Lots 23 and 24 utilizing the closed drain. PROPOSED WORK I The work proposed in this report consists of 1,4l0 metres of open drain work to provide outlet for the tile drains at an existing road culvert located in Lot 21, Concession 8 - 9. A small amount of downstream work will be required in Lot 21, Concession 9 in order to provide outlet for the road culvert. Within the limits of the open work, it is proposed to install two new farm crossings; one in Lot 22, Concession 8 and another in Lot 23, Concession 8. It is proposed to start the tile drain at a point in Lot 23, Concession 8 where another open drain joins the main drain and provides outlet for the subwatershed in the eastern part of the entire watershed. It is proposed to install tile outlet drain southward through the bush on the lot line between Concessions 7 and 8 proceeding to a point in the middle of LOt 24, Concession 7 where two branches will be constructed; one proceeding to the west of the farm buildings and the other proceeding to the east of the farm buildings of Lot 24, Concession 7. It is proposed to install road crossings at the Concession 6 - 7 road for each branch, terminating the drain on the south, or upstream side of the concession 6 - 7 road allowance. Junction boxes are provided at various locations throughtout the drain, and catchbasin junction boxes are provided on each side of the Township road crossings to provide access for cleanout of the road crossings. The proposed tile has been designed utilizing a drainage co~efficient of 3/8" per 24 hours. This co-efficient is recommended for improved forage and general grain crops. It should be noted that it is the principle function of this drain to provide outlet for farm tile underdrainage. Catchbasin junction boxes are provided at various locations to provide convenient connection and inspection points. Sumps are provided in these catchbasins to act as sediment traps, and will require an occasional cleanout depending upon cropping practices upstream and adjacent to the junction box. During periods of high runoff overland flow will be experienced, therefore, it will be necessary to maintain a grassed waterway in the natural low run to prevent erosion. SCHEDULES The allowances to be paid to the owners entitled thereto under Section 29 and 30 of The Drainage Act 1975 are shown in Schedule 'A' of this report. Normally, these allowances are deducted from an owner's total assessment when invoiced in accordance with Section 62 of The Drainage Act 1975. Schedule 'B' is the cost estimate of the proposed works which totals $46,470. Schedule 'C' is the assessment of this total cost and includes schedules for both open and closed portions of the work to assist in the assessment of any future maintenance costs. THE DRAINAGE ACT 1975 - Sections 80, 82 and 83 The sections of The Drainage Act 1975 dealing with the obstruction of, damage or injury to, and pollution of a municipal drain, namely Section 80, 82 and 83 respectively, are brought to the attention of the landowner. As can be seen from these sections, the landowner as well as the municipality have responsibilities to ensure that a municipal drain is properly maintained and is not abused. Proper maintenance of Municipal Drain No. 12 will be essential to ensure that it functions adequately in the future. This maintenance should include regular inspections and repair work where ne€essary. INFORMATION SHEET ¡ An information sheet prepared by the Ontario Ministry of Agriculture & Food entitled "Understanding Drainage Assessment" is attached hereto, and it is recommended that all affected landowners read this sheet to obtain a thorough understanding of their responsibilities under The Drainage Act. 1- ~~-'------'-"- ..-'-" - --.----------.-. ~o-/9 (if) '~ :,~ " '~ -3- '- MAINTENANCE After this proposed work has been completed it shall be maintained by the Township of Bruce in accordance with section 74 of The Drainage Act 1975, at the expense of all the upstream lands and roads assessed herein in the same relative proportion as shown on the outlet assessment portion of Schedule 'c' only. This shall be the method of proportioning maintenance costs unless varied in accordance with the provisions of The Drainage Act 1975. Respectfully submitted, MAITLAND ENGINEERING SERVICES LTD. SEAL (A. W. Clark) þër A. W. Clark, P. Eng. ~ j i j ~ j f .' YO-/'i (5) Form No. 115 Page 2 of 4 AND WHEREAS the estimated total cost of constructing the drainage works is $ 46 .470. 00 AND WHEREAS $ 46.470.00 is the amount to be contributed by the municipality for construction of the drainage works. AND WHEREAS $ of is being assessed in the ------ ------- ------ (d) Set ul in the County of ....-.I. nts ÌII. any - clition.l munici lity. 1 ~ 1 1 ---------- (d). AND WHEREAS the council is of the opinion that the drainage of the area described is desirable; THEREFORE the council of the TOWNSHIP BRUCE of pursuant to The Drainage Act, 1975, enacts as follows: 1. The report is hereby adopted, and the drainage works as therein indicated and set forth are hereby authorized and shall be completed in accordance therewith. , \. 2. (1) The Corporation of the TOWNSHIP BRUCE of may borrow on the credit of the Corporation the amount of $ 27. 045. 00 , being the amount to be contributed by the municipality for construction of the drainage works less the total amount of, (a) grants received under section 85 of the Act; and (b) commuted payments made in respect of the lands and roads assessed. (2) The Corporation may issue debentures for the amount borrowed and such debentures shall be made payable within 5 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, ~ i ~ ~ I Î I í ~ Rc-/'(6) Form No.115 Page 3 of 4 '~ 3. (1) For paying the amount of $ ?7 n4~ nn , being (a) the amount assessed upon the lands and roads, except the lands and roads belonging to or controlled by the municipality; and (b) the amount required to pay interest on the portion of the amount borrowed, represented by the amount in clause a, less the total amount of, (c) grants received under section 85 of the Act; (d) moneys paid pursuant to subsection 3 of section 61 of the Act; and (e) commuted payments made in respect of the lands and roads assessed, a special rate shall be levied upon 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. (2) The amount of the special rate levied upon each parcel of land or part thereof shall be divided into 5 equal amounts and one such amount shall be collected in each year for ~ years after the passing of this by-law. Schedule Concession Parcel of Land Total Amount or part thereof Assessed 9 21 ---- 8 21 $ 155.00 8 22 3,745.00 8 23 4,720.00 8 24 485.00 8 25 370.00 8 26 30.00 7 23 955.00 7 24 17,275.00 7 part 24 75.00 7 25 2,095.00 7 26 965.00 7 27 230.00 6 W~ 24 2,160.00 6 E'" 24 3,690.00 6 25 3,260.00 6 part 25 35.00 6 26 315.00 6 27 10.00 Total - Lands other than roads and lands of the municipality ...,., ~.,,, "" Roads (and lands) of municipality 5,900.00 TOTAL $46,470.00 ~ ¡, !' !-- , I f I 4 ~ j :1 ! ~ î , io-¡q (1) Form No. 115 Page 4 of 4 4. (1) For paying the amount of $ 5.900.00 being (a) the amount assessed upon the lands and roads belonging to or controlled by the munici- pality; and (b) the amount required to pay interest on the portion of the amount borrowed represented by the amount in clause a, a special rate shall be levied upon the whole rateable property in the TownshiD of Bruce in each year for----L- years after the passing of this by-law to be collected in the same manner at the same time as other taxes are collected. 5. All assessments of $ 500.00 or less are payable in the first year in which the assessment is imposed. M ' . I D in unJ.cJ.pa ra 6. This by-law comes into force on the passing thereof and may be cited as" ¡1? By-law". FIRST READING Novemher 14. H8D SECOND READING November 14. 19S0 Provisionally adopted this FOURTEENTH day of NOVEMBER 19-ª-º-. ---ffL u ~ ¿:ead of the Council ~ r- Clerk THIRD READING :lnnQ. ~, 1 qAl l ENACTED this THIRD JUNE 19~. day of ~µ"'~ / ~ad of the CounciL ~ I· I t Clerk NOTICE OF SITTING OF COURT OF REVISION i t', The Drainc¡¡e Act, 1975, chapter 79, section 46 (1) and (2). \ Notice is hereby given that a Court of Revision will be held at BrucE! Townsh; p Community Centre, Underwood, Ontario on the THIRD ,19 SO at 1:30 '. . day of DECEMBER o'clock in the after 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. November 14 I 19~. unicipality If no notice of intention to make application to quash a by-law is served upon the clerk 0 e munc:ipality 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 acc:ording to its terms, so far as it prescribes or directs anything within the proper competence of the council: The Drainage Act, 1975, chanter 79. section 58 (2).