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HomeMy WebLinkAboutBRU 80 005 mun drain #1 /' J" ,. 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. An-I¡ The Drainage Act, 1975, chapter 79, section 45 (1); Form 6, O. Reg. 467/78. '1'íXIlNSHIP of BRUCE (a) Name f A By-law to provide for a drainage works in the (a) Municipa ty in the County of u'gnl"'1i' 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) Here s t roads may be drained by a drainage works. (b) out the d scription f the lands and roads (c) Insert copy of t e engineer' report be tween pa s 1 and 2. (To be ex eluded from cop of provi- sional by- law sent in accord ance with section 46 (1) and (2). The work proposed consists of approximately 300 meters of open drain work in Lot 16, COncession 11. A tile drain will then proceed in a southerly direction forming two major branches in Lot 16, COncession 11. The westerly branch will proceed through Lot 17 of Concessions 10 and 11 terminating at the Lot 17 - 18 boundary providing adequate capacity and depth for lands of Lot 18, COncession 10. A minor branch from this westerly branch provides OOIItlet to a portion of Lot 18, Concession 10 and the Township sideroad, as well as a part of Lot 18, Concession 11. The second major branch which services the easterly portion of the watershed proceeds from Lot 16, through 17 and 18 then crosses the TowBship road into COncession 10, and terminates at the boundary between Lots 18 and 19 in Concession 10. A short branch just downstream of the Township road prowides outlet to a subwatershed of Lot 18, COncession 10. catchbasins and junction boxes are provided at various locations throughout the drain. Catchbasins are provided on each side of the Township road to provide access for cleanout of the road crossing. AND WHEREAS, the Council of the of RRTIn;: TCMNSRTP in the County of has procured a report made by RRtJrF. MAITLAND ENGINEERING SERVICES LTC. and the report is as follows: (c) ;r MAITLAND ENGINEERING SERVICES LTD. ~ , . Corporation of the Township of Bruce clo Mr. Charles Ellis, A.M.C.T. Clerk Treasurer R.R.#3 TIVERTON, Ont. NOG 2TO Reeve and Councillors: Re: Municipal Drain No. 11 Township of Bruce 1980 GENERAL In accordance with your instructions pursuant to a Petition for Drainage signed by S. MacGillivray, D. Cleland, J. MacGillivray and E. Irwin, owners of lands in Concessions 10 and 11, Lots 16 to 19 of Bruce Township, and pursuant to two site meetings, I have made an inspection and survey 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. 11, 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 16 to 19, Concession 11, and Lots 17 to 19, Concession 10. The area was previously serviced by several small, shallow, private drains and no record could be found of any award or agreement drains for the subject lands. The watershed consists of cleared agricultural lands which are used for the production of small grains, hay, pasture, and some corn. The land in the watershed consists entirely of E1derslie Silty Clay Loam which has imperfect drainage. The watershed boundary, as shown on the plan, was established by field inspection. Presently, drainage is provided for the area by a natural watercourse which proceeds westerly through Sideroad 15. The water reaches this point by means of small, shallow, overland waterruns and shallow tile in some locations. An inspection revealed that a new tile drain was required throughout the major portion of the watershed with a small open drain section at the outlet end to provide adequate outlet for the proposed new tile section. Our inspection revealed that existing tile runs were not adequate nor installed at an acceptable depth to provide drainage based on today's design practice. PROPOSED WORK The work proposed in:,thiSc;report consists of approximately 300 meters of open drain work in Lot 16, Concession 11. A tile drain will then proceed in a south- erly direction forming two major branches in Lot 16, Concession 11. The westerly branch will proceed through Lot 17 of Concessions 10 and 11 terminating at the Lot 17 - 18 boundary providing adequate capacity and depth for lands of Lot 18, Concession 10. A minor branch from this westerly branch provides outlet to a portion of Lot 18, Concession 10 and the Township sideroad, as well as a part of Lot 18, Concession 11. The second major branch which services the easterly portion of the watershed proceeds from Lot 16, through 17 and 18 then crosses the TOwnship road into Concession 10, and terminates at the boundary between Lots 18 and 19 in Concession 10. A short branch just downstream of the Township road provides outlet to a subwatershed of Lot 18, Concession 10. Catchbasins and junction boxes are provided at various locations throughout the drain. Catchbasins are provided on each side of the Township road to provide access for cleanout of the road crossing. 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 principal function of this drain to provide outlet for farm tile underdrainage. catchbasin - junction boxes are provided at various locations to provide convenient connection points and inspection points. Sumps are provided in these catchbasins to act as sediment traps and will require an occasional cleanout depending on cropping practices upstream and adjacent to the box. During periods of high runoff, , -2- 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 $50,230. Schedule C is the assessment of this total cost and includes schedules for the various branches 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. 11 will be essential to ensure that it functions adequately'in the future. This maintenance should include regular inspections and repair work where necessary. 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. 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 proportions as shown on the outlet assessment portion of Sehedule 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) per A. W. Clark, P. Eng. (d) Sel ou in the County of assessmen in any ad- ditional municipali y. . ;-;' Form NO.115 Page 2 of 4 AND WHEREAS the estimated total cost of constructing the drainage works is $ 50.230. 00 AND WHEREAS $50.230.00 is the amount to be contributed by the municipality for construction of the drainage works, AND WHEREAS $ NIL NIL NIL is being assessed in the of NIL (d). AND WHEREAS the council is of the opinion that the drainage of the area described is desirable; THEREFORE the council of the CORPORATION of THF. TOWN1;HIP OF R¡¡II~F 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 T<MNSHIP of BRUCE may borrow on the credit of the Corporation the amount of $29.925.00 ,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 ($14,240.) (b) commuted payments made in respect of the lands and roads assessed, ($6,065.) (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. ~ . : ~ ~ . Form No. 115 age30f4 3. (1) For paying the amount of $ 3f; 330 nn , being I (a) the amount assessed upon the lands and roads, except the lands and roads belonging to or . controlled by thé 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 5 years after the passing of this by-law. Schedule Concession Parcel of Land Total Amount or part thereof Assessed 10 17 $1,535.00 10 18 8,660.00 10 19 5,810.00 11 16 6,255.00 11 17 10,545.00 11 Part 18 5,200.00 11 Part 18 2,460.00 11 19 2,255.00 Total - Lands other than roads and lands of the municipality $42,720.00 Roads (and land¡¡) of municipality 7,510.00 TOTAL 55" ~'''.nn J , ~ Form No. 115 Page 4 of 4 . 4. (1) For paying the amount of $ R .000.00 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 IIITT. of NIL in each year form¡., 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 $ 0;00 00 or less are payable in the first year in which the assessment is 6. imposed. This by-law comes into force on the passing thereof and may be cited as" AO-5 By-law". FIRST READING APRIL 2. 1 CJBO SECOND READING APRIL 2. lCJ80 Provisionally adopted this SECOND day of APRIL 19.8.!L-. . ~~ U --." --'. '-. '/ Clerk THIRD READING ~ "f'H ::r UN .!: "So ENACTED this 1=0.J ft.. T 14 day of :r-voJ~ 19 60. ~~ -IJ- /.1r- Hea the Council J~ Clerk NOTICE OF SITTING OF COURT OF REVISION The Drainage Act, 1975, chapter 79. section 46 (1) and (2). Notice is hereby given that a Court of Revision will be held at RRtJCE TOWN~HTP fV)MMT1NTTV ~NTRF. TThTnRRWOOn on the THIRTEENTH day of MAY 19 :.80 , at 1:30 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. AP/l, t../ if- 19.B2 . Clerk of the Municipality If no notice of intention to make application to quash a by-law is served upon the of the muncipality 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 vatid and binding according to its terms, so far as it prescribes or directs anything within the proper competence of the council: The Drainage Act,l975, chaPter 79. section 58 (2).