HomeMy WebLinkAboutBRU 80 019 mun drain #12
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(a) Nte of A By-law to provide for a drainage works in the (a)
Mun' pality
in the County of BRUCE
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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.
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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)
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MAITLAND ENGINEERING SERVICES LTD.
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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.
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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.
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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.
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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.
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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
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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
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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.
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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.
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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
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(d) Set ul in the County of
....-.I. nts
ÌII. any -
clition.l
munici lity.
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(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.
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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,
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Form No.115
Page 3 of 4
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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
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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
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ENACTED this
THIRD
JUNE
19~.
day of
~µ"'~ /
~ad of the CounciL
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Clerk
NOTICE OF SITTING OF COURT OF REVISION
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The Drainc¡¡e Act, 1975, chapter 79, section 46 (1) and (2).
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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
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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).