HomeMy WebLinkAboutBy-law No. 2023-098THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2023-098
A BY-LAW TO PROVIDE FOR THE ABANDONMENT OF
BRANCHES C AND D OF THE BENNER DRAIN
WHEREAS pursuant to Section 84(1) of the Drainage Act, upon the written request
of three quarters of the owners of land assessed for benefit in respect of a drainage
works, asking for the abandonment of such drainage works or a part thereof, the
council of the initiating municipality shall forthwith notify all owners of land assessed
for drainage works. Unless any owner within ten days of the mailing of such notice,
gives to the Clerk of the municipality written notice that the owner requires a report of
an engineer to be made on such proposed abandonment;
AND WHEREAS Section 85(5) of the Drainage Act provides that if no notice is mailed
to the Clerk in accordance with subsection (1), the Council may by bylaw abandon the
drainage works, and thereafter the municipality has no further obligations with respect to
the drainage works;
AND WHEREAS notice was sent to landowners on November 8, 2023;
AND WHEREAS no responses were received within the 10 day period;
THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM ENACTS AS FOLLOWS:
1. THAT branches C and D of the Benner Drain described in Schedule A be
herewith abandoned pursuant to the provisions of Section 84 of the Drainage
Act;
2. AND THAT the Municipality of Bayham is now and henceforth relieved of any
further obligation with respect to the drainage works described in Schedule A;
3. AND THAT this by-law shall come into full force and effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 21st
DAY OF DECEMBER 2023.
MAYOR CLERK
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