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HomeMy WebLinkAbout21 144 2021 Jones Municipal Drain Maintenance By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2021 - 144 A BY-LAW TO AUTHORIZE THE MAINTENANCE AND REPAIR OF A MUNICIPAL DRAIN UNDER THE PROVISIONS OF THE DRAINAGE ACT, R.S.O. 1990 (2021 Jones Municipal Drain) WHEREAS By-law No. 83-22 of The Corporation of the Municipality of Kincardine (Township of Bruce) was passed by Council January 4, 1984 providing for the construction of the Jones 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 5, 1983 prepared by A.W. Clark, P.Eng., 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 $5,515.39 and a grant of $1,428.19 was received leaving $3,007.80 to be raised by a cash assessment and $1,079.40 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 Jones Municipal Drain be maintained and repaired to the specifications outlined in the Engineer’s Report by A.W. Clark, P.Eng. 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 $4,087.20 necessary to be raised by the 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 $1,079.40 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. 5. This by-law shall come into full force and effect upon its final passage. Page 2 2021 Jones Municipal Drain Maintenance By-law By-law No. 2021 - 144 6. This by-law may be cited as the “2021 Jones Municipal Drain Maintenance By- law”. READ a FIRST and SECOND TIME this 8th day of September, 2021. READ a THIRD TIME and FINALLY PASSED this 8th day of September, 2021. Mayor Clerk BURNSIDE PLAN from ITHL 0--tNCt i5 OUR PLO-1 REPORT Jones MD Municipality of Kincardine Main Drain Ward III Ir- Q z O 3-07300 (1.92ha) (n J. & N. KEMPERS LU MAIN DRAIN CLOSED z WATERSHED BOUNDARY O SIDEROAD 10/11 WORK U ♦ � 3-07201 (0.22ha) * 3-0 300 G. & M. GLEDHILL (5 07ha) ' & N. EMPERS BRANCH A 3-07100 (2.1 ha) )17 K. & S. JONES *00 MAIN DRAIN 53ha) L9 XN CLOSED K. & S. TT 3-02210 (30.84ha) C10 L. &T. KEMPERS ` 2+493 � � � L8 C10 +755 — � � - - � - - � � '� 3-07110 (115.61 ha) L 3-01900 (51.48ha) R. &J. HAVERKAMP + M.L. McLEAN c/o D. SMITH T A 3 045 �F,QS '9<O NATURAL 3-06900 (27.43ha) WATERCOURSE �6 J. & N. KEMPERS ` NO,q� 3-01800 (29.08ha) R R I MnI SnN MAINTENANCE ASSESSMENT SCHEDULE MUNICIPALITY OF KINCARDINE WARD III JONES MUNICIPAL DRAIN - CB /Tile Repair Lot 9, Concession 10 MAIN DRAIN - CLOSED PORTION Repair Cost= $5,515.39 Costs Percentage of Apr-23 grant Benefit& Maintenance dollars Costs Project Completion 30-Jun-19 Outlet Costs as per (1/3 grant Date p applied if By-Law# By-Law# AD I P 2.3 c applicable) Area (ii) Conc. Lot Roll# acres Owner 83-22 83 -22 Costs$ Agricultural Lands 10 Pt. 8 3-01900 Vanderveeken Farms Inc. $17816.00 29.77% $17641.69 $547.23 $17094.46 10 Pt. 9 3-02210 L.J. &T.L.S. Kempers $27923.51 47.92% $27642.89 $880.96 $17761.93 Total Assessment on Agricultural Lands $47739.51 77.68% $47284.58 $17428.19 $27856.39 Non-Agricultural Lands 10 Pt. 9 3-02200 K. &S. Scott $167.49 2.75% $151.41 $151.41 Total Assessment on Non-Agricultural Lands $167.49 2.75% $151.41 $151.41 Roads Concession 10 Mun of Kincardine $17194.00 19.57% $17079.40 $17079.40 Total Assessment on Roads $17194.00 19.57% $17079.40 $17079.40 Total Assessment on Lands and Roads $67101.00 100.00% $57515.39 $47087.20 12/04/2023 Jones MD