HomeMy WebLinkAboutBy-law No. 2015-005 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2015-005
A PROVISIONAL BY-LAW TO PROVIDE FOR DRAINAGE WORKS
IN THE MUNICIPALITY OF BAYHAM IN THE COUNTY OF ELGIN
KNOWN AS THE MAGYAR-DIELMAN DRAIN
WHEREAS the Engineer Spriet Associates on behalf of the Municipality of Bayham in
accordance with Section#78(1) of the Drainage Act, R.S.O. 1990, requests that the following
lands and roads be drained by drainage works:
Parts of Lots 3 - 6, Concessions 8 and 9, Municipality of Bayham
AND WHEREAS, the Council of the Municipality of Bayham has procured Engineer Report
No. 212102, prepared by Spriet Associates, dated November 10, 2014, which is attached hereto
as Schedule "A", and forms part of this By-Law.
AND WHEREAS the estimated total cost of constructing the drainage work is $95,000.00;
AND WHEREAS the Council is of the opinion that the drainage of the area is desirable;
NOW THEREFORE the Council of the Municipality of Bayham enacts as follows:
1. Engineer Report No. 212102, dated November 10, 2014 and attached hereto, 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 Municipality of Bayham may borrow, on the credit of the
Corporation, the amount of$95,000.00,being the amount necessary for construction of the
drainage works.
2.2 The Corporation may arrange for the issue of debentures on its behalf for the amount
borrowed 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) monies paid under Subsection#61(3) of the Act; and
monies assessed in and payable by another municipality, and
By-law No.2015-005 -2-
such debentures shall be made payable within five(5) years from the date of the debenture and
shall bear interest at a rate not higher than the rate charged by a chartered bank of Canada.
3. A special equal rate sufficient to redeem the principal and interest on the debentures shall
be levied upon the lands and roads as set forth in the attached Schedule "A" to be collected in the
same manner and at the same time as other taxes are collected in each year for five (5) years after
the passing of this by-law.
4. For paying the amount of$10,557.00 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 rateable property in the
Municipality of Bayham in each year for five(5) years after the passing of this Provisional By-
law to be collected in the same manner and at the same time as other taxes are collected.
5. All assessments of$250.00 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 the"Magyar-
Dielman Municipal Drain".
READ A FIRST AND SECOND TIME this 8th day of January,2015 and provisionally
adopted this 8th day of January,2015.
P;La/l‘11 11 e.0
MAYOR CLERK
5 ` '�`J
READ A THIRD TIME AND FINALLY PASSED this day of ( r 2016►
,Zdel '''ar\*6L\rtS11-1°It' 2J
MAYOR CLERK
COURT OF REVISION—MUNICIPALITY OF BAYHAM
Take notice that the Court of Revision of The Corporation of the Municipality of Bayham for
considering and determining of Appeals to the said Court of Revision to the Assessment of
By-law#2015-005, will be held in Council Chambers at THE BAYHAM MUNICIPAL OFFICE,
9344 Plank Road, Straffordville on Thursday, February 5, 2015 at 8:00 p.m. All notices of
assessment appeal by an owner shall be served on the Clerk of the Municipality AT LEAST 10
DAYS PRIOR to the first sitting of the Court.
Date of mailing 6
CLERK
,-.. 0_,Kectu_ie It " -to Bib
L O1S -OO
MAGYAR-DIELEMAN DRAIN
Municipality of Bayham
11,f•
SPRIET
ASSOCIATES
ENGINEERS&ARCHITECTS
155 York Street
London.Ontario NSA 1A8
Tel.(519)672-4100
Fax(519)433-9351
E-mail MAIL@SPRJET.ONC4
Our Job No. 212102 November 10, 2014
London, Ontario
November 10, 2014
MAGYAR-DIELEMAN DRAIN
Municipality of Bayham
To the Mayor and Council of
the Municipality of Bayham
Mayor and Council:
We are pleased to present our report on the reconstruction of the Magyar-Dieleman Municipal
Drain serving parts of Lots 3 to 6, Concessions 8 and 9 in the Municipality of Bayham. The total
watershed area contains approximately 59 Hectares.
AUTHORIZATION
This report was prepared pursuant to Section 78 of the Drainage Act. Instructions were received
from your Municipality with respect to a motion of Council. The work was initiated by a request
signed by an affected landowner.
HISTORY
The Magyar-Dieleman Drain was originally constructed pursuant to a report submitted by
A.M. Spriet, P. Eng. dated September 28, 1962 and consisted of the construction of approximately
2,600 lineal feet of closed drain ranging in size from 200mm (8") to 250mm (10") diameter. It also
called for the incorporation of approximately 1,000 lineal feet of 10" diameter tile as well as minor
ditching at the new drain's outlet.
EXISTING DRAINAGE CONDITIONS
A site meeting held with respect to the project and through later discussions, the owners reported
the following:
a that the landowner, N. Campbell (Roll No. 5-011), indicated that the drain on his property was
in poor condition and had numerous sinkholes and broken tile. He requested that the drain be
replaced to allow him to properly utilize the land
• the drainage superintendent for the Municipality of Bayham indicated that he made several
repairs to the tiles over the years and concurred that the drain was in poor condition. He
further indicated that poor soil conditions exist, namely quicksand
A field investigation and survey was completed and upon reviewing our findings we note the
following:
• that the existing drain is in poor condition as evidenced by the numerous sinkholes along it
• that the drain is undersized by the current standards
• based on test holes dug in the lands downstream of Eden Line the soils conditions appear to
differ from those found upstream of Eden Line
2
EXISTING DRAINAGE CONDITIONS (cont'd)
Preliminary design, cost estimates and assessments were prepared and an informal public
meeting was held to review the findings and preliminary proposals. Based on the discussions at this
meeting additional work was done and a second informal meeting was held. Based on this it was
decided to proceed with the report.
DESIGN CRITERIA AND CONSIDERATIONS
The proposed drain was designed, with respect to capacity, using the Drainage Coefficient method
contained in the "DRAINAGE GUIDE FOR ONTARIO", Publication 29 by the Ontario Ministry of
Agriculture, Food, and Rural Affairs. The Drainage Coefficient defines a depth of water that can be
removed in a 24 hour period and is expressed in millimetres per 24 hours. The coefficient used for
the Main Drain was 38mm.
We would like to point out that there have been indications of quicksand soil conditions, but no
formal soil investigation has been made.
All of the proposed work has been generally designed and shall be constructed in accordance with
the DESIGN AND CONSTRUCTION GUIDELINES FOR WORK UNDER THE DRAINAGE ACT.
RECOMMENDATIONS
We are therefore recommending that the existing Magyar-Dieleman Drain be replaced with a new
drain designed to current standards. More specifically we recommend:
• that the Main Drain be replaced, commencing at the Little Jerry Creek through the lands of
R. & E. Swartzentruber, and D. & E. Swartzentruber, across Eden Line into the lands of
N. & F. Campbell and M. & D. McEwen, to its head for a total length of 842m
• that the Main Drain upstream of Eden Line be installed on a stone bedding with geotextile to
prevent the shifting and settlement of the drain
• that a new road crossing be installed under Eden Line by boring
• that catchbasins be installed along the course of the drain to reduce surface flows
• that the existing drain constructed in the 1962 report be officially abandoned from municipal
status pursuant to Section 19 of the Drainage Act
Due to the indications of poor soil conditions our design includes the wrapping of tile joints with
geotextile and crushed stone bedding wrapped with geotextile.
ENVIRONMENTAL CONSIDERATIONS AND MITIGATION MEASURES
There are no significant wetlands or sensitive areas within the affected watershed area or along
the route of the drains. The proposed construction of the Magyar-Dieleman Drain includes quarry
stone outlet protection and surface inlets which greatly help reduce the overland surface flows and
any subsequent erosion. A temporary flow check of silt fencing is to be installed in the ditch
downstream of the tile outlet for the duration of the construction.
3
SUMMARY OF PROPOSED WORK
The proposed work consists of approximately 842 lineal meters of open ditch cleanout, 350mm
(14") to 450mm (18") concrete field tile and HDPE plastic pipe including related appurtenances.
SCHEDULES
Four schedules are attached hereto and form part of this report, being Schedule 'A' -Allowances,
Schedule 'B' - Cost Estimate, Schedule 'C' -Assessment for Construction, and Schedule 'D' -
Assessment for Maintenance.
Schedule 'A' -Allowances. In accordance with Sections 29 and 30 of the Drainage Act, allowances
are provided for right-of-way and damages to lands and crops along the route of the drain as defined
below.
Schedule 'B' - Cost Estimate. This schedule provides for a detailed cost estimate of the proposed
work which is in the amount of$ 95,000.00. This estimate 'ncludes engineering and administrative
costs associated with this project.
Schedule 'C' -Assessment for Construction. This schedule outlines the distribution of the total
estimated cost of construction over the roads and lands which are involved.
Schedule 'D' -Assessment for Maintenance. In accordance with Section 38 of the Drainage Act, this
schedule outlines the distribution of future repair and/or maintenance costs for portions of, or the
entire drainage works.
Drawing No.1, Job No. 212102, and specifications form part of this report. They show and describe
in detail the location and extent of the work to be done and the lands which are affected.
ALLOWANCES
DAMAGES: Section 30 of the Drainage Act provides for the compensation to landowners along the
drain for damages to lands and crops caused by the construction of the drain. The amount granted
is based on $3,613.00/ha. for closed drain installed with wheel machine. This base rate is multiplied
by the hectares derived from the working widths shown on the plans and the applicable lengths.
RIGHT-OF-WAY Section 29 of the Drainage Act provides for an allowance to the owners whose land
must be used for the construction, repair, or future maintenance of a drainage works. It should be
noted that the original report did not provide right-of-way.
For tile drains where the owners will be able to continue to use the land, the allowance provides for
the right to enter upon such lands, and at various times for the purpose of inspecting such drain,
removing obstructions, and making repairs. Also, the allowance provides for the restrictions
imposed on those lands to protect the right-of-way from obstruction or derogation. The amounts
granted for right-of-way on tile drains is based on a percentage of the value of the land designated
for future maintenance. Therefore, the amounts granted are based on $5,000.00/ha. through
cropped lands. These values are multiplied by the hectares derived from the width granted for future
maintenance and the applicable lengths.
4
ASSESSMENT DEFINITIONS
in accordance with the Drainage Act, lands that make use of a drainage works are liable for
assessment for part of the cost of constructing and maintaining the system. These liabilities are
known as benefit, outlet liability and special benefit as set out under Sections 22, 23, and 26 of the
Act.
BENEFIT as defined in the Drainage Act means the advantages to any lands, roads, buildings or
other structures from the construction, improvement, repair or maintenance of a drainage works such
as will result in a higher market value or increased crop production or improved appearance or better
control of surface or sub-surface water, or any other advantages relating to the betterment of lands,
roads, buildings or other structures.
OUTLET liability is assessed to lands or roads that may make use of a drainage works as an outlet
either directly or indirectly through the medium of any other drainage works or of a swale, ravine,
creek or watercourse.
in addition, a Public Utility or Road Authority shall be assessed for and pay all the increased cost
to a drainage works due to the construction and operation of the Public Utility or Road Authority.
This may be shown as either benefit or special assessment.
ASSESSMENT
A modified "Todgham Method"was used to calculate the assessments shown on Schedule 'C'-
Assessment for Construction. This entailed breaking down the costs of the drain into sections along
its route. Special Assessments and Special Benefits were then extracted from each section.
The remainder is then separated into Benefit and Outlet costs. The Benefit cost is distributed to
those properties receiving benefit as defined under"Assessment Definitions", with such properties
usually being located along or close to the route of the drain. The Outlet Costs are distributed to all
properties within the watershed area of that section on an adjusted basis. The areas are adjusted
for location along that section, and relative run-off rates. Due to their different relative run-off rates,
forested lands have been assessed for outlet at lower rates than cleared lands. Also, roads and
residential properties have been assessed for outlet at higher rates than cleared farm lands.
The actual cost of the work involving this report, with the exception of Special Assessments, is to
be assessed on a pro-rata basis against the lands and roads liable for assessment for benefit and
outlet as shown in detail below and on Schedule 'C' -Assessment for Construction. The Special
Assessments shall be levied as noted in the Section "Special Assessment"
5
SPECIAL ASSESSMENT
In accordance with Section 26 of the Drainage Act, a Special Assessment has been made against
the Municipality of Bayham being the increased cost to the drainage work for boring a 457mm (18")
diameter smooth wall steel pipe across their road allowance on the Main Drain due to the
construction and operation of the Eden Line. The Special Assessments shall be made up of the
actual cost of this work and both the final and estimated values of the Special Assessment are to De
calculated as follows:
Less Equivalent Plus
Drain Cost Administration Plus Interest Special
Main Drain Cost of Work (Fixed) Cost &Net H.S.T. Assessment
457mm dia. $8,100.00 . $500.00 $1,500.00 $150.00 $9,250.00
The above special assessments shall not apply for future maintenance purposes.
If any additional work is required to the drainage works due to the existence of buried utilities such
as gas pipe lines, communications cables, etc. or if any of the utilities require relocation or repair,
then, the extra costs incurred shall be borne by the utility involved in accordance with the provisions
of Section 26 of the Drainage Act.
GRANTS
In accordance with the provisions of Section 85 of the Drainage Act, a grant may be available for
assessments against privately owned parcels of land which are used for agricultural purposes and
eligible for the Farm Property Class Tax rate. Section 88 of the Drainage Act directs the
Municipality to make application for this grant upon certification of completion of this drain. The
Municipality will then deduct the grant from the assessments prior to collecting the final
assessments.
MAINTENANCE
Upon completion of construction, all owners are hereby made aware of Sections 80 and 82 of the
Drainage Act which forbid the obstruction of or damage or injury to a municipal drain.
After completion, the entire Magyar-Dieleman Drain shall be maintained by the Municipality of
Bayham at the expense of all upstream lands and roads assessed in Schedule 'D' - Assessment for
Maintenance and in the same relative proportions until such time as the assessment is changed
under the Drainage Act.
Respectfully submitted,
SPRIET ASSOi TESL NDDN LIMITED
.M.Sp iet, P.Eng.
JMS:bv
SCHEDULE 'A'-ALLOWANCES 6
MAGYAR-DIELEMAN DRAIN
Municipality of Bayham
In accordance with Sections 29 and 30 of the Drainage Act, we determine the allowances payable
to owners entitled thereto as follows:
Section 29 Section 30
CONCESSION LOT ROLL NUMBER (OwnerL Right-of-Way Damages TOTALS
MAIN DRAIN
8 Pt. 3 & 4 5-011(N. & F. Campbell) $ 2,610.00 $ 2,820.00 $ 5,430.00
8 Pt. 4 & 5 5-017(M. & D. McEowen) 40.00 40.00 80.00
9 Pt. 3 5-047(R. & E. Swartzentruber) 320.00 340.00 660.00
9 Pt. 3 & 4 5-047-04(D. & E. Swartzentruber) 1,070.00 1,160.00 2,230.00
Total Allowances $ 4,040.00 $ 4,360.00 $ 8,400.00
TOTAL ALLOWANCES ON THE MAIN DRAIN $ 8,400.00
TOTAL ALLOWANCES ON THE MAGYAR-DIELEMAN DRAIN $ 8,400.00
SCHEDULE 'B' - COST ESTIMATE 7
MAGYAR-DIELEMAN DRAIN
Municipality of Bayham
We have made an estimate of the cost of the proposed work which is outlined in detail as follows:
MAIN DRAIN
6.0 meters of 450mm dia., H.D.P.E. plastic sewer pipe including rodent gate
Supply $ 750.00
Installation at tile outlet with quarry stone rip-rap around pipe and along
ditch including 17m of open ditch cleanout(Approximately 6m3 quarry stone req'd) $ 1,200.00
Installation of the following concrete field tile and sewer pipe including supply& installation
of crushed stone bedding with geotextile wrap and geotextile around tile joints
292 meters of 350mm dia. concrete tile on a stone bedding with geotextile $ 11,000.00
230 meters of 450mm dia. concrete tile on a stone bedding with geotextile $ 9,090.00
8 meters of 450mm dia. HDPE sewer pipe on a stone bedding with geotextile $ X320.00
213 meters of 450mm dia. concrete tile $ 3,200.00
60 meters of 450mm dia. HDPE sewer pipe with sand bedding $ 2,400.00
Supply of the above listed tile & pipe $ 18,990.00
Supply of 400 mm wide geotextile for wrapping of tile joints $ 350.00
Supply and delivery of 19mm crushed stone (Approx. 200 tonnes) $ 4,400.00
16 meter length of 457mm dia, 6.3mm thickness smooth wall steel pipe
Supply $ 2,600.00
Install under Eden Line by boring $ 4,000.00
Grout existing pipe under Eden Line $ 1,500.00
Supply and install two 600mm x 600mm standard catchbasins and three
600mm x 600mm ditch inlet catchbasins, including grates, berms, ditching,
removal and disposal of existing catchbasins $ 7,450.00
Clearing and grubbing $ 150.00
Restoration of Laneways and Lawn Areas $ 1,250.00
Tile connections including bends $ 250.00
Allowances under Sections 29 & 30 of the Drainage Act $ 8,400.00
SCHEDULE 'B' - COST ESTIMATE (cont'd) 8
MAGYAR-DIELEMAN DRAIN
Municipality of Bayham
MAIN DRAIN (cont'd)
ADMINISTRATION
Interest and Net Harmonized Sales Tax $ 2,100.00
Survey, Plan and Final Report $ 12,450.00
Expenses $ 6so.00
Supervision and Final Inspection $ 2,500.00
TOTAL ESTIMATED COST $ 95,000.00
SCHEDULE C ' -ASSESSMENT FOR CONSTRUCTION 9
MAGYAR-DIELEMAN DRAIN
Municipality of Bayham
Job No. 212102
Nov 10, 2014
*=Non-agricultural
HECTARES
CON. LOT AFFECTED ROLL No. (OWNER) BENEFIT OUTLET TOTAL _
MAIN DRAIN
8 Pt. 3 & 4 19.76 5-011(N. & F. Campbell) $ 28,240.00 $ 11,117.00 $ 39,357.00
8 Pt. 4 & 5 23.53 5-018(J. & M. Magyar) 600.00 15,667.00 16,267.00
* 8 Pt. 4 & 5 2.80 5-017(M. & D. McEowen) 300.00 1,510.00 1,810.00
8 Pt. 5 3.39 5-019(D. &Y. Doneff) 1,573.00 1,573.00
* 8 Pt. 5 0.41 5-020-03(C. & D. Godby) 288.00 288.00
8 Pt. 6 2.92 5-020-02(P. & R. Dzambas) 1,138.00 1,138.00
* 8 Pt. 6 0.76 5-020-10(J. &A. Gohm) 429.00 429.00
9 Pt. 3 1.33 5-047(R. & E. Swartzentruber) 2,750.00 126.00 2,876.00
9 Pt. 3 & 4 2.95 5-047-04(D. & E. Swartzentruber) 9,400.00 211.00 9,611.00
TOTAL ASSESSMENT ON LANDS $ 41,290.00 $ 32,059.00 $ 73,349.00
Eden Line 0.39 Municipality of Bayham $ 10,030.00 $ 527.00 $ 10,557.00
Culloden Road 0.70 County of Elgin $ $ 1,844.00 $ 1,844.00
TOTAL ASSESSMENT ON ROADS $ 10,030.00 $ 2,371.00 $ 12,401.00
SPECIAL ASSESSMENT against the Municipality of Bayham
for the increased cost of boring a 457mm (18") dia. smooth wall
pipe under Eden Line on the Main Drain $ 9250.00
TOTAL ASSESSMENT ON THE MAIN DRAIN $ 95,000.00
TOTAL ASSESSMENT ON THE MAGYAR-DIELEMAN DRAIN $ 95,000.00
SCHEDULE 'D' -ASSESSMENT FOR MAINTENANCE 10
MAGYAR-DIELEMAN DRAIN
Municipality of Bayham
Job No. 212102 Nov 10, 2014
HECTARES PERCENTAGE OF
CON. LOT AFFECTED ROLL No. (OWNER) MAINTENANCE COST
MAIN DRAIN
8 Pt. 3 & 4 19.8 5-011(N. & F. Campbell) 42.0 %
8 Pt. 4& 5 23.5 5-018(J. &M. Magyar) 26.5
• 8 Pt. 4 & 5 2.8 5-017(M. & D. McEowen) 2.8
8 Pt. 5 3.4 5-019(D. &Y. Doneff) 2.6
* 8 Pt. 5 0.4 5-020-03(C. & D. Godby) 0.5
8 Pt. 6 2.9 5-020-02(P. & R. Dzambas) 1.9
• 8 Pt. 6 0.8 5-020-10(J. &A. Gohm) 0.7
9 Pt. 3 1.3 5-047(R. & E. Swartzentruber) 2.5
9 Pt. 3 & 4 3.0 5-047-04(D. & E. Swartzentruber) 8.2
TOTAL ASSESSMENT ON LANDS 87.7 oh
Eden Line 0.39 Municipality of Bayham 9.2
Culloden Road 0.70 County of Elgin 3.1
TOTAL ASSESSMENT ON ROADS 12.3 %
TOTAL ASSESSMENT FOR MAINTENANCE
ON THE MAGYAR-DIELEMAN DRAIN 100.0
SCHEDULE OF NET ASSESSMENT
MAGYAR-DIELEMAN DRAIN
Municipality of Bayham
(FOR INFORMATION PURPOSES ONLY)
Job No. 212102
Nov 10, 2014
*=Non-agricultural
ROLL NUMBER TOTAL APPROX.
(OWNER) ASSESSMEN1 GRANT ALLOWANCES NET
Main Drain
5-011(N. & F. Campbell) $ 39,357.00 $ 13,119.00 $ 5,430.00 $ 20,808.00
5-018(J. & M. Magyar) 16,267.00 5,422.00 10,845.00
* 5-017(M. & D. McEowen) 1,810.00 80.00 1,730.00
5-019(D. &Y. Doneff) 1,573.00 524.00 1,049.00
* 5-020-03(C. & D. Godby) 288.00 288.00
5-020-02(P. & R. Dzambas) 1,138.00 379.00 759.00
* 5-020-10(J. &A. Gohm) 429.00 429.00
5-047(R. & E. Swartzentruber) 2,876.00 959.00 660.00 1,257.00
5-047-04(0. & E. Swartzentruber) 9,611.00 3,204.00 2,230.00 4,177.00
* Eden Line $ 19,807.00 $ $ $ 19,807.00
* Culloden Road 1,844.00 1,844.00
TOTALS $ 95,000.00 $ 23,607.00 $ 8,400.00 $ 62,993.00