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By-law No. 2010-100 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2010-100 A PROVISIONAL BY-LAW TO PROVIDE FOR DRAINAGE WORKS IN THE MUNICIPALITY OF BAYHAM IN THE COUNTY OF ELGIN KNOWN AS THE BARTLEY MUNICIPAL DRAIN WHEREAS the requisite number of owners have petitioned the Council of the Municipality of Bayham in the county of Elgin in accordance with Section#4 of the Drainage Act, R.S.0.1990, requesting that the following lands and roads be drained by drainage works: • Part Lots 6 - 9, Concessions 8 & 9, Municipality of Bayham AND WHEREAS, the Council of the Municipality of Bayham has procured Engineer Report No. 209138, prepared by Spriet Associates, dated August 31, 2010, which is attached hereto as Schedule "A", and forms part of this By-Law. AND WHEREAS the estimated total cost of reconstructing the drainage works referred to as the Bartley Municipal Drain is $45,330.00 and is to be paid directly to the contractor by the affected landowners Abraham Peters and Emma Peters (Assessment Roll #34-01-000-005-02301) as the sub-dividers of the proposed lots for which this drain is required; AND WHEREAS $0.00 is the amount to be contributed by the Municipality of Bayham for administration costs/roads assessment associated with the reconstruction of the drainage works known as the Bartley Municipal Drain; AND WHEREAS the Council is of the opinion that the drainage of the area is desirable and a revised assessment schedule for future maintenance is needed; NOW THEREFORE the Council of the Municipality of Bayham enacts as follows: 1. Engineer Report No. 209138, dated August 31, 2010 and attached hereto, is hereby adopted and the drainage works and assessment revision 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$45,330.00, being the amount necessary for reconstruction 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; By-law No. 2010-100 -2 - November 4, 2010 (c) monies paid under Subsection#61(3) of the Act; and (d) monies assessed in and payable by another municipality, and 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 $45,330.00 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 `Bartley Municipal Drain". READ A FIRST AND SECOND TIME this 4th day of November 2010. Provisionally adopted this 4th day of November 2010. l -4 OR CLERK READ A THIRD TIME AND FINALLY PASSED this 13 to day of .54 r,uct ri 2010. 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#2010-100 will be held in Council Chambers at THE BAYHAM MUNICIPAL OFFICE in Straffordville on December 2, 2010 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 t° - </ /0 i CLERK