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HomeMy WebLinkAboutBy-law No. 2008-084 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.2008-084 A PROVISIONAL BY-LAW TO PROVIDE FOR DRAINAGE WORKS IN THE MUNICIPALITY OF BAYHAM IN THE COUNTY OF ELGIN KNOWN AS THE OTTER'S EDGE MUNICIPAL DRAIN WHEREAS the County of Elgin Engineer has petitioned the Council of the Municipality of Bayham in the County of Elgin in accordance with the Sections #4 of the Drainage Act, R.S.O. 1990,requesting that the following lands and roads be drained by drainage works: + Parts of Lot 13,Concession 2 in the Municipality of Bayham. AND WHEREAS, the Council of the Municipality of Bayham has procured Engineer Report No. 206065, prepared by Spriet Associates, dated June 26, 2008, 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 $67,900.00; 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. 206065, dated June 26, 2008 and attached hereto, is hereby adopted and the drainage works as therein indicated and set forth are hereby authorized and shall be completed he accordance therewith. 2.1 The Corporation of the Municipality of Bayham may borrow, on the credit of the Corporation, the amount of$67,900.00, 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 (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 The Ontario Municipal Improvement Corporation on the date of sale of such debentures. 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 $Nil 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. By-law No. 2008-084 - 2 - October 2, 2008 5. All assessments of$150.00 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 "Otter's Edge Municipal Drain". READ A FIRST AND SECOND TIME this tad day of October 2008. Provisionally adopted this 2"d day of October 2008. MA 4 DEP Y CLERK READ A THIRD TIME AND FINALLY PASSED this f' '1 day of /t4 vim&,6'C rgdel IPA IF f -,art MAY A � y 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#2008-084 will be held in Council Chambers at THE BAYHAM MUNICIPAL OFFICE in Straffordville on November 6, 2008 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 004ZeA , 6tise /4/ , ) P Y CLERK Schedule "A" SCHEDULE 'C '-ASSESSMENT FOR CONSTRUCTION OTTER'S EDGE DRAIN Municipality of Bayham Job No. 206065 June 26, 2008 HECTARES CON. LOT AFFECTED ROLL No. (OWNER) BENEFIT OUTLET TOTAL MAIN DRAIN ,y 2 13 0.28 01-095(Otter's Edge Estates Ltd.) $ $ 941.00 $ 941.00 '* 2 13 0.13 01-095-04(B. Greenfield) 275.00 275.00 2 13 2.61 01-096(J. Underhill) 700.00 5,117.00 5,817.00 2 13 0.29 01-097-05(B. Heimbuch) 706.00 706.00 TOTAL ASSESSMENT ON LANDS $ 700.00 $ 7,039.00 $ 7,739.00 Plank Road 1.40 County of Elgin $ 3,390.00 $ 10,431.00 $ 13,821.00 ,' TOTAL ASSESSMENT ON ROADS $ 3,390.00 $ 10,431.00 $ 13,821.00 ,1 SPECIAL ASSESSMENT against the County of Elgin for the increased cost of boring a 323mm (12.75")dia. smooth • wall pipe under Plank Road $ 6,500.00 `' TOTAL ASSESSMENT ON THE MAIN DRAIN $ 28,060.00 3'. ;BRANCH "No. 1" 2 13 0.28 01-095(Otter's Edge Estates Ltd.) $ 2,380.00 $ 555.00 $ 2,935.00 '1* 2 13 0.13 01-095-04(B. Greenfield) 850.00 317.00 1,167.00 :j TOTAL ASSESSMENT ON LANDS $ 3,230.00 $ 872.00 $ 4,102.00 Plank Road 0.90 County of Elgin $ 8,200.00 $ 6,418.00 $ 14,618.00 TOTAL ASSESSMENT ON ROADS $ 8,200.00 $ 6,418.00 $ 14,618.00 TOTAL ASSESSMENT ON BRANCH "No. 1" $ 18,720.00 I SCHEDULE 'C'- ASSESSMENT FOR CONSTRUCTION(Cont'd) 11 TITER'S EDGE DRAIN IAunicipality of Bayham HECTARES CON. LOT AFFECTED ROLL No. (OWNER) BENEFIT OUTLET TOTAL BRANCH "No.2" 2 13 0.42 01-096(J. Underhill) $ 990.00 $ 448.00 $ 1,438.00 it 2 13 0.29 01-097-05(B. Heimbuch) 850.00 769.00 1,619.00 TOTAL ASSESSMENT ON LANDS $ 1,840.00 $ 1,217.00 $ 3,057.00 Plank Road 0.20 County of Elgin $ 1,940.00 $ 1,623.00 $ 3,563.00 TOTAL ASSESSMENT ON ROADS $ 1,940.00 $ 1,623.00 $ 3,563.00 TOTAL ASSESSMENT ON BRANCH "No.2" $ 6,620.00 BRANCH "No.3" SPECIAL ASSESSMENT against the County of Elgin for the entire cost to install Branch No.3 within their road allowance to provide drainage for the grassed island area and surrounding road $ 14,500.00 TOTAL ASSESSMENT ON BRANCH "No.3" $ 14,500.00 TOTAL ASSESSMENT ON THE OTTER'S EDGE DRAIN $ 67,900.00 Note:All of the above lands denoted with an asterik are classified as Non-Agricultural