Koehler Municipal Drain (Re), 1996 ONAFRAAT 4

APPEAL:

KOELHER MUNICIPAL DRAIN (RE) Township of Hay

KOELHER MUNICIPAL DRAIN (RE), 1996 ONAFRAAT 04

STATUTE:

Drainage Act

HEARING:

No Hearing

DATE OF DECISION:

March 19, 1996

NEUTRAL CITATION:

1996 ONAFRAAT 04

IN THE MATTER OF:

An application under section 76 of the Drainage Act by the Township of HAY for permission to appoint an engineer to procure the report of an engineer to vary the assessment for the KOELHER MUNICIPAL DRAIN.

Before:

Mr. Herbert Todgham, Vice Chair; Mr. Andrew Osyany, Vice Chair; Mr. Russell Piper, Member.

DECISION OF THE TRIBUNAL

This application was filed by the township of Hay by letter dated February 19, 1996 and considered by the Ontario Drainage Tribunal (the Tribunal) on March 19, 1996. The village of Hensall confirmed by letter dated March 12, 1996 that the Village had no objections to the Tribunal granting the application.

Section 76 of the Act is as follows:

76(1) The Council of any local municipality liable for contribution to a drainage works in connection with which conditions have changed or circumstances have arisen such as to justify a variation of the assessment for maintenance and repair of the drainage works may make an application to the Tribunal, of which notice has been given to the head of every other municipality affected by the drainage works, for permission to procure a report of an engineer to vary the assessment, and, in the event of such permission being given, such council may appoint an engineer for such purpose and may adopt the report but, if all the lands and roads assessed or intended to be assessed lie within the limits of one local municipality the council of that municipality may procure and adopt such report without such permission.

After consideration of the submissions made, the Tribunal decided to grant Hay Township permission of the Tribunal to appoint an engineer under Section 76 of the Drainage Act to procure a report to vary the assessment on the Koehler Municipal Drain.

It is ordered that there be no order as to costs, and all parties are responsible for their own costs.

Attention is drawn to Section 73 of the Act. Dated this 19^th day of March 1996.