HomeMy Public PortalAboutSS By-law 62-1407COLCHESTER - TOWNLINE DRAIN
TOWNSHIP OF SANDWICH SOUTH
BY -LAW NO. 1407
A By -law to proviae for the repair and improvement of
of Drainage works knows as the Colchester Townline
Drain, in the Township of Sandwich South, in the County
of Essex, and for the borrowing on the credit of the
municipality the sum of $580.01 (Less Provincial aid
to Drainage Subsidy) being the amount assessed against
the lands affected for completing the same.
Provisionally adopted on the 3rd day of Parch, 1962.
i-MEREAS, Garnet Hyland and Mrs. Grace Lafferty served written notice on the
Council of the Township of Sandwich South, to have the upper portion of the
Colchester Townline Drain cleaned out and repaired to a proper outlet,
under the provisions of the Municipal Drainage Act.
AND WHEREAS, thereupon the said Council has procured an examination to be
made by Mr. C. G. R. Armstrong, C.E. being a person competent of such
i
purpose, of the said area proposed to be drained and the means suggested
for the drainage thereof, and of other lands and roads liable for assess-
ment under the Municipal Drainage Act, and has also procured plans, spec-
ifications and estimates of the drainage work to be made by C. G. R.
Armstrong, C.E. and an assessment to be made by him of the lands and roads
to be benefited by such drainage work and other lands and roads liable for
contribution thereto, stating as nearly as he can, the proportion of
benefit, outlet liability and injuring liability, which, in his opinion,
will be derived or incurred in consequence of such drainage work by every
road and lot or portion of lot, the said assessments so made being the
assessment hereinafter by this By -law cn acted to be assessed and levied
upon the roads and lots or parts of lots hereinafter in that behalf
especially set forth and described, and the report of the said C. G. R.
Armstrong, C.E. in respect thereof and of the said drainage work being as
follows:-
(2)
WINDSOR, Ontario, February 13, 1962.
To:- The Reeve and Municipal Council
of the TO NSHIP OF SANDWICH SOUTH.
Gentlemen:
As instructed by you, I have made an examination, survey, etc.,
of the upper portion of the Colchester Townline Drain, in your Township,
and now report thereon as follows: -
I commenced my survey of this drain at a point one hundred feet
(1001) East of the line between the East 3/4 of the East 1/2 and the West
1/4 of the east 1/2 of Lot 1, Concession 11, thence T followed the course
of the drain downstream to Station 28 a distance of Two thousand Eight
hundred feet ( 2,800} .
I find that the upper portion of this drain has become filled in
and is not deep enough to drain the outlet tiles draining thereto on the
East 1/2 of the said Lot 1..
I would, therefore, recommend that the drain be cleaned out and
improved from Station 0 to Station 23, which is approximately two hundred
feet (2001) West of the road between Concessions 10 and 11.
I further find that each of the following owners is entitled to
and should receive the following amounts as damages to lands and crops (if
any).
1. Mrs. Olga Gerard, owner of pt. S -W, pt Lot 1, Con. 11 ------- - - - - -$ 70.00
2. Mrs. Grace Lafferty, owner W E2 Lot 1, Con. 11 ------------- --- - -- 3 0. 00
3. Garnet & Morley Hyland, owners of E 3/4 E4 Lot 1, Con. 11 -------- qo'p' 5.00
TOTAL .......... ........................$105.00
I have provided for these in my estimate, as is provided for under
Sub - Section 7, of Section 8, of the Municipal Drainage Act.
Nay estimate of the total cost of this work, including all incid-
ental expenses, is the sum of yo1,343.00, made up as follows:-
Excavation from Station 0 to Station 23 - 2 300 ft. ----------- - - - - -$ 760.00
(including hauling away where necessary
Damages to lands and crops (if any) -------------------------------- $ 105.00
Total for Construction ------------------ - - - - -$ 865.00
Surveys, plans, estimates, report and assessments - - - - -- $180.00
Assistance and expenses ------------------------- - - - - -- - -- $ 50.00
Extra work for Clerk ------------------------------------- $ 60.00
Publishing By- law ------------ -- -------- ---- --- ----- - - - - -- $ 60.00
Court of Revision -------- -------------------------------- $ 35.00
Ontario 111unicipal Board Fee ------------------------- - - - - -- $ 3.00
Letting and Superintending ------ - - - - -- -------- --- -- - - - - -- $ 90.00
Total for Incidentals ---------------- - - - - -- --gyp 478.00
TOTAL ESTIMATE ...... ... ................a.....61,343.00
(3)
This amount I have assessed against the lands and roads herein
assessed for its repair and improvement in accordance with the following
Schedule of Assessment:-
11 NWpt.l Flossie Gerard 20.58 30.00 10.00 26,67 4.98 6.33
,.,., > ,
11 Pt.SW pt.2 Mrs. Letitia Gerard 17.75 - 9.00 6.00 1.15 1.43
11 W4 F'a 1 Mrs. Grace Lafferty 25 100.00 50.00 100.00 18.70 23.74
11 E3/4 F4 1 Garnet & Morley, t
Hyland �'}'� 57 300.00 125.00 283.33 52.97 67`.26
11 NW pt. 1 James C. Moore .75 5.00 1.00 4.00 .75 .95
TOTAL ON LANDS 161.08 $ 645.00 5225.00 $580.01 $108.44 $137.69
Townline Road
Road between Concessions 10 and 11
f TOTAL ON ROADS
TOTAL ON LANDS (Brought down)
TOTAL ASSESSMENT
$ 300.00 $ 18.00 $212.00
150.00 5.00 103.33
$ 450.00 $ 23.00 $315.33
645.00 225.00 580.01
$1,095.00 $248.00 U95.34
I would further recommend that this drainage work be kept up and
maintained at the expense of the lands and roads herein assessed for its
repair and improvement and in the proportions herein contained until other -
wise determined under the provisions of the Municipal Drainage Act.
All of which is respectfully submitted.
0. G. R. ARMSTRONG, P. Eng.
gineer for EFe Township of an wick Sout_1
SPECIFICATIONS for the REPAIR AND IMPROVIIMT of the Upper Portion of the
Colchester Townline Drain in the TMSHIP CF SANDWICH SOUTH
The work on this drain shall commence at Station 0 which is one
hundred feet (1001) East of the line between the East 3/4 E2 and the West
4 East I of Lot 1, Concession 11, and shall fethe road between Station
ConcessionsiJ
approximately two hundred feet (2001) West o
10 and 11.
The drain shall be of the form, size, depth, etc., as shown on the
accompanying profile and as described in the specifications. The depths are
to the bottom of the finished drain and are to be taken from the surface of
the ground beside the stakes. The drain shall have a uniform and even side
slope of not less than one and one- quarter feet (141) horizontal to one
foot (11) vertical on the side remote from the road and for that portion of
the roadside slope of the drain which is below the bottom of the present
drain. The present roadside slope shall not be interfered with except that
Value
of Out-
Value
let Liab• Int ►to
Lot or
of Out-
& of Bene.
Cover
Part of
Acres
Value of
let
less 1/3
@ 6 ,)-
Annual
Cone. Lot
Owner's Name
Afftd.
Benefit
Liability Prov. Sub.
5 Yrs,
Payment
11 Spt.SWpt.l
Mrs. Olga Gerard
20
$ 180.00
$ 20.00
$133.34 $
24•91
$31.65
11 Mpt.SWpt.l
Joseph Gerard
20
30.00
10.00
26.6?
4.98
6.33
11 NWpt.l Flossie Gerard 20.58 30.00 10.00 26,67 4.98 6.33
,.,., > ,
11 Pt.SW pt.2 Mrs. Letitia Gerard 17.75 - 9.00 6.00 1.15 1.43
11 W4 F'a 1 Mrs. Grace Lafferty 25 100.00 50.00 100.00 18.70 23.74
11 E3/4 F4 1 Garnet & Morley, t
Hyland �'}'� 57 300.00 125.00 283.33 52.97 67`.26
11 NW pt. 1 James C. Moore .75 5.00 1.00 4.00 .75 .95
TOTAL ON LANDS 161.08 $ 645.00 5225.00 $580.01 $108.44 $137.69
Townline Road
Road between Concessions 10 and 11
f TOTAL ON ROADS
TOTAL ON LANDS (Brought down)
TOTAL ASSESSMENT
$ 300.00 $ 18.00 $212.00
150.00 5.00 103.33
$ 450.00 $ 23.00 $315.33
645.00 225.00 580.01
$1,095.00 $248.00 U95.34
I would further recommend that this drainage work be kept up and
maintained at the expense of the lands and roads herein assessed for its
repair and improvement and in the proportions herein contained until other -
wise determined under the provisions of the Municipal Drainage Act.
All of which is respectfully submitted.
0. G. R. ARMSTRONG, P. Eng.
gineer for EFe Township of an wick Sout_1
SPECIFICATIONS for the REPAIR AND IMPROVIIMT of the Upper Portion of the
Colchester Townline Drain in the TMSHIP CF SANDWICH SOUTH
The work on this drain shall commence at Station 0 which is one
hundred feet (1001) East of the line between the East 3/4 E2 and the West
4 East I of Lot 1, Concession 11, and shall fethe road between Station
ConcessionsiJ
approximately two hundred feet (2001) West o
10 and 11.
The drain shall be of the form, size, depth, etc., as shown on the
accompanying profile and as described in the specifications. The depths are
to the bottom of the finished drain and are to be taken from the surface of
the ground beside the stakes. The drain shall have a uniform and even side
slope of not less than one and one- quarter feet (141) horizontal to one
foot (11) vertical on the side remote from the road and for that portion of
the roadside slope of the drain which is below the bottom of the present
drain. The present roadside slope shall not be interfered with except that
the contractor will be required to trim off all overhanging ledges.
The excavated earth shall be cast Northerly on to the adjoining
lands (except where hereinafter noted) and well and evenly spread over a
sufficient space so that no portion of the excavated earth is more than ten
inches (10R1) in depth and kept at least four feet W) clear from the edge of
the drain, care being taken not to fill up any existing ditches or furrows
with the excavated material.
Where the drain passes in front of any house, lawn, garden or
driveway, the excavated earth shall be hauled away and spread upon the lands
of the owner as above specified*
The contractor will note that he is required to haul away all the
excavated earth from the drain from the Westerly side of the road between
Concessions 10 and 11 to Station 23 and to dispose of same at a site to be
secured by him at his own expense.
Where there is any brush or rubbish in the course of the drain
including both side slopes of the drain and on that area of land where the
earth is to be spread and on that area between where the earth is to be
spread and the Northerly top edge of the drain, all such brush and rubbish
shall be grubbed out of the drain and close cut where the earth is to be
spread, the whole to be burned or otherwise properly disposed of to the sat-
isfaction of the Commissioner in charge.
The whole of the work shall be done in a neat, thorough and work-
manlike manner, to the full satisfaction of the Commissioner in charge.
Progress orders for payment will be furnished the contractor by
the Commissioner in charge. Said orders shall be not more than 80% of the
value of the work done and materials furnished on the ground, but the paying
of the full 80% does not imply that any portion of the work has been accepted.
The remaining 20% will be paid thirty -seven (37) days after the final com-
pletion and acceptance of the work.
C. G. R. ARMSTRONG, P. Eng.
Engineer the Township of N H SOUTH
WINDSOR, Ontario.
February 13, 1962.,
AND WHEREAS, the said Council are of the opinion that the drainage
of the area described is desirable.
Therefore, the said Municipal Council of the Township of Sandwich
South, pursuant to the provisions of the Municipal drainage Act, enacts as
follows:-
(1) The said report, plans, specifications, assessments and estimates are
hereby adopted, and the drainage work as therein indicated and set forth shall
be made and constructed in accordance therewith.
(2) The Reeve of the said Township of Sandwich South may borrow on the credit
of the Corporation the sum of Five Hundred and Eighty Dollars and One Cent
($580.01) being the sum to be contributed by the said Township for the com-
pletion of the work (Less estimated Provincial Aid to Drainage Subsidy) and
may issue Debentures of the Corporation to that amount, in sums of not less
than Fifty Dollars each, and payable within Five rears from the date of the
said Debentures with interest at the rate of Six per cent per annum, that is
to say in Five equal annual installments, such debentures to be payable at the
Canadian Imperial Bank of Commerce, Windsor, Ontario and to have attached to
them coupons for the payment of interest,
(3) For the paying the sum of X580.01 the amount (less Estimated Provincial
Aid to Drainage Subsidy) charged against the said lands for benefit and outlet,
apart from land and roads belonging to and controlled by the Municipality and
(5)
for covering interest thereon for Five years at Six per cent per annum, the
following total special rates, over and above all other rates .shall be assessed,
levied and collected (at the same time and in the same manner as other taxes
are levied and collected) upon and from the lots and parts of lots in the
Schedule of Assessment on Page 3, and the amount of the total special rates
and interest against each lot or part of lot respectively: shall be divided
into FIVE equal parts and one such part shall be assessed, levied and
collected as aforesaid, in each year for FIVE years after the final passing
of this bylaw, during which the said debentures have to run.
(4) For the paying of the sum of `;100.00 benefit assessment and the sum of
63.34 outlet liability (less estimated Provincial Aid to Drainage Subsidy)
assessed against the road between Concessions 10 and 11 owned and controlled
by the Township of Sandwich South and the treasurer of the Township of
Sandwich South shall be billed for the cost of the same,,
(5) For the paying of the sum of $200.00 benefit assessment and the sum
of 42.00 outlet liability (less estimated Provincial Aid to Drainage Sub-
sidy) assessed against the Townline Road owned and controlled by the
County of Essex and the Treasurer of the County of Essex shall be billed
for the cost of the same.
(6) That the Township accept payment from any of the assessed parties
who wish to commute their portions of the aforegoing assessment, without
interest, such payment shall be made to the Township Treasurer within
thirty days of the date of the Court of Revision of this By -law and the
Township shall issue the Debentures for the full amount of the assessment
on lands less the amount commuted by the owner,
(7) This by -law shall be published as provided by Sections 25 - 26 of
the Municipal Drainage act and shall come into force upon and after the
final passing thereof and may be cited as the upper portion of the
Colchester - Townline Dra.i.n By -law of 1962,
Finally passed this day of
1962.
EDNARD J. DUMOUCHELLE BERT R. BEDFORD
Reeve
Clerk
� °- 1"�� �. �Y�-- c�./l� L✓`�4.�
I, Bert R. Bedford, Clerk of the Township of Sandwich South, hereby
certify the foregoing to be a true copy of Bylaw No. 1107 of the Township
of Sandwich South for the construction of the .upper j�crti -on of the Golc'2-
ester Townline Dram as provisionally adopted this 3rd day of March, 19620
oi-ty 4,
Clerk
(6)
NOTICE is hereby given that a Court of Revision will be held in the Mun-
icipal Hall in the Township of Sandwich South onllonday, the 7th day of
April, 1962 at the hour of 4:00 o'clock in the afternoon for the hearing and
trial of appeals made against the said assessment or any part thereof, in
the same mariner prescribed by the municipal Drainage Act, any notice of
such appeal to be served the Clerk of the Municipality at least ten days
before the meeting of the said Court.
E
FURTHER NOTICE is hereby given that anyone intencung to apply to have such
a By -law or any part thereof quashed must, not later than ten days after
the final passing thereof, serve a notice in writing upon the Clerk and
Reeve of the Municipality of his intention to make application for that
purpose to the Drainage Referee, during the six weeks ensuing the final
passing of the said By -law,
Township Clerk
Dated at Sandwich South, Ontario,
this 3rd day of March, 1962,