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HomeMy Public PortalAboutSS BYLAW 82-28doc2NOTICE NOTICE IS HEREBY given that a Court of Revision will be held in the Municipal Council Chamber in the Township of Sandwich South on Monday, the 23rd day of August 1982, at the hour of 8:00 p.m. for the Hearing and trial, of appeals made against the said assessment or any part thereof, in the same manner prescribed by the Drainage Act, 1975, any notice of such appeal to be served in writing on the Clerk of the Municipality at least ten (10) days before the meeting of the said Court. AND FURTHER, Notice is hereby given that Dny person intending to appeal against the decision of the Court of Revision shall personally or by his agent, give notice in writing to the Clerk, within ten (10) days after notice of the decision of the Court of Revision has been received from the Clerk, of the person's intention to appeal to the County Judge, whose decision shall be final. AND FURTHER, NOTICE is hereby given that anyone intending to apply to have such a by-law, or any part thereof quashed must, wot later than ten (10) 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 referee, (The Drainage Act, 1975 Section 46, Subsection 3). Evelyn ~iver, (Mrs.) Clerk Dated at Oldcastle, Ontario this 26th day of July, 1982. SCHEDULE "A" TO BY-LAW NO. 82-28 WINDSOR~ Ontario~ June 29~ 1982. ro :- The Reeve and Municipal Council of the TOWNSHIP OF SANDWICH SOUTH ~nt lemen :- As instructed by you~ I have made an examination~ 3urvey~ etc., of the Ruston Drain~ in your Township: and now report ~hereon as follows :- I Commenced my survey of this drain at its upper end .ear the line between the East half and the West half of Lot 295~ .~.T.R. Thence I proceeded upstream.~.Westerly along the Southerly ~ide of the blind line to near Station 5+55 where the drain.crosses ~o the North side of the 'blind line-. Thence I continued Westerly following the course of the dr-ain along the North side of the 'blind line to Station 11+08 where .the dr.ain runs .Northerly along the East- erly side of the line between Lots 295 and 29~ to near~ Station 22+00 w~here the drain crosses to the West.side of the said line and runs Northerly along ~the West .~ide of the line betwee~-said~ Lots 295 and 296 to Station 33 where .the drain runs Westerly along the Southerly side of North Talbot Road (County Road #~ 46) to Station 34+42 where the drain turns Northerly and ~crosses Said County Road and runs Northerly across the South part of Lot 9~ Concession 11~ to Station 36+85 at its outlet in Pike Creek. I find that this drain is badly out of repair and would recommend .that it' be repaired and improved in accordance with the accompanying ~profile and specifications. I would further recommend that wher~ the drain crosse the North Talbot Road (County Road. #.46)~ ~the present highway cul- ,eft be removed and in the same location a new 30" diameter~ 10 ~auge~ C.I.P.~ 60' long~ be installed. SCHEDULE "A" TO BY-LAW NO. 82-28 uston Drain ownship of Sandwich South Page 2. I have provided for this in my estimate, as is pro- ided for under Section 17 of the Drainage Act, 1975, as amended. I further find 'that each of the following owners is ntitle4 to and should~ receive .the following amounts as compensation or damages to lands and crops (if any):-. · Robert Hergott, owner of Part of Lot 295, N.T.R. $1,638.00 · Anthony Vendittelli, owner of Part of-Lot 296, N.T.R. - ........... 84.00 · Wilfred O'Neil,- owner, of part of Lot 9, Con- cession 11 .................................... 93.00 TOTAL ............................... $1,815.00 I have provided for-this in my estimate, as is pro- ided for under Section 29 of the Drainage Act, 1975, as amended. I hereby .designate a~n area having a perpendicular lidth of 30' adjoining and lying immediately North of the blind line !rom Station 0 to .the line between Lots 295 and 296, togehher with n area having a perpendicular 'width of 30' lying immediately East ~f and adjoining the line between said .Lots 295 and 296, N.T.R., ~nd extending from the blind line Northerly to the Southerly limit f .the North Talbot Road, together with an area: having a perpendicu- .ar width of 30' adjoining and lying immediately South of the South- ~rly limit of the North Talbot~ Road extending Westerly frmm the line between said Lots 295 and ~296:~ to Station~34+42, together with ~n area having a perpendicular wid~th of 30' lying immediately West ~f the drain between ~the ~Nor. therly limit of the. North Talbot Road ~nd Pike/C~-ee.k as the working space on which the Contractor is allow- ~,d to u~e his construction equipment ~during the~ repair and improve- ent of this drain, all as provided for under Section 63 of the rainage 'Act, 1975, as amended. SCHEDULE "A" TO BY-LAW NO. 82-28 ,us ton Drain ~ownship of Sandwich South Pase 3. My estimate of the total cost of this work, incluRing 11 incidental expenses, is the sum of $14,710.00, made up as fol- ,OWS:- :xcavation from Sta. 0 ~to Sra. 36~.~85 = 3,~685 ft. -$3,700.00 rushing and Grubbing ............ ........ ~ ......... - ........ 2,500..00 ,amages to land-s and crops (if any) ...................... 1,815.00 .emoving and replacing fences 50.00 .emove present highway culvert across County Road ~ 46 and install new 30" dia., 10 gauge, C.I.P., 60' long ........................... 3,150.00 nforeSeen ...... - ....................... Total for construction, damages, etc. - .... 100.00 xrvey, assistance and expenses $755.00 lans, estimates, report and assess- ments .................. - ........... 940.D~ ublishing By-Law ................ - ......... 175 ~.0~0 ).M.B. Fee ............................... ',nter im F inanc ing .................. 50.0~0 800,.0t0 ~etting and Superintending .............. 350.00 'reparing tender forms, drawing con- tract, inspections, and issuing certificate of completion ......... 325.00 Total for Incidentals .............. -- $11,315.00 3,395.00 TOTAL ESTIMATE ............................ ,~ This amount t have'asseTSs~d against the lands and oad affected, in accordance with:..t~e accompanyihg' Schedule 'of ~ssessment. I would further recommend tha~.th~is drainage .work be ept up and maintained .at the expense of the lands and road;~ here- .n assessed for its repair and imProvement and in the proportions ~erein contained until otherwise determined under the provisions of SCHEDULE "A" TO BY-LAW NO. 82-28 uston Drain ownship of Sandwich South Page 4. he Drainage Act, 1975, as amended. Ail of which is respectfully submitted. C.G.RUSSELL ARMSTRONG LIMITED Dr.ainage Engineers "~aurice Armstrong P.'~'. Lot Par · Lot S. !95 " S. !95 " S. ~95 " S. ~.95 l! S. " 29( " S. ~.95 " S. ~-95 " S. ~-95 " S. ~95 " N. ~.95 " N. ~.96 11 Pt 9 *Denot~ or S SCHEDULE "B" TO BY-LAW NO. 82-28 SCHEDULE OF ASSESSMENT RUSTON DRAIN TOWNSHIP OF SANDWICH SOUTH Owner's Names Hectares Acres Afft'd Afft'd Benefit' Cyril Halmo 3.35 Katherine Toye 2.02 Irene Rus ton 2.0 2 Helen Hat ling 2.02 Robert Rudy 4.04 Michael Cassar 4.05 David Sauve .31 Jean Sego .32 Marcel Bedard .26 Ernest Bridgen .20 Robert Hergott 2.02 2.02 .40 Anthony Vend it te lli Wilfred O'Neil TOTAL ON LANDS .~4 ~- W. S .Rd. .982. lands (brought down) TOTAL' ASSESSMENT non-agricultural lands io. Value of Outlet Value Tota 1 Va lue Liability Improv't 8.28 5 5 5 9 .'99 10 .~0 2 .76 .~8 .65 ~. 5 $1,.320. $ 944. $2,264. · 800. 560. 1.360. 800. 4~80. 1,280. 800. 40.0. 1,200. 500. 748 ~ 1,248. 420. 750. 1,170. ~.82. 60. 142 .* 82. 64. 146.* 70. ,52. 122 ~* 70. 40. 110 .* 800. 280. 1,080. 800. 320. 1,120. 200. 20. 2'20.* 744. $4,718. $11,462. $3,1.50. $ 98. $ 3,248'i! 6,744. 4,~718. t1~-462~,~ $9,894.... $4_,8i6. C.G.RUSSELL ARMSTRONG LIMIZED Drainage Engineers per ~~A~ng. SCHEDULE "C" TO BY-LAW NO. 82-28 SPECIFICATIONS_for the Repair and Improvement of :the RUSTON DRAIN, in the TOWNSHIP OF SANDWICH SOUTH -- The drain shall be of the form, size, depth, etc., as shown on the accOmpanying pro'file:-~ Th shall follow the course as described in the report and as shown pn the accompanying plan.· It shall be to the depths as shown on the profile and' the depths are to the bottom of ;the finished drain and are to be taken from the surface of the· ground beside :the ·st~akes. ~The drain shall have a uniform and even bottom and in-no case shall· such bottom project ~bove the grade l~ne ishown on the~Profile as determined from the bench marks. From Station 0 to Station 1.1+08, the excavated earth hall be cast Northerly on.to ~the ~adjoining lands and from StatiOn .1+08 to the South side of the North .Talbot Road, ~the excavated~ =.arth shall be cast on .to the adjoining lands to the East and whmre the drain runs Westerly along, the South side ~of the North. Talbot toad, the excavated earth sha. ll·be..cast once,to the adjoining lands' to _the South and where the drain runs Northerly from the Nor~th Tal- bot Road t° -the outlet' the excavated ear~t~h shall be cast on tO the ~djoining lands to-the West and in each and eVery case the said ex- cagated ear,th shall'be well and eve~nly spread over a sufficient space so that no portion of the excavated, earth is more than 10" in depth and kept at least·~4' ·clear from the~edge of the drain, care be lng taken not to fill up any existing ditches or furrows with .the cavated material. The Contractor .Will confine his operations within the limits of the designated area described as follows :- An area having a perpendicular width of 3·0' adjoining and lying immediately~ Nor·th of the blind line from Station 0 .~to the line between Lots 295 and 296, together with an area having a perpendicular width of 30' immediately East of and ~adjoining the line between said Lots 295 SCHEDULE "C" TO BY-LAW NO. 82-28 Spe~ffcations Ruston Drain Township of Sandwich South Pane 2. and 296, N.T,R., and extending., from the-blind line Northerly to the Southerly limit of the North Talbot Road~.~together with an area having a perpendicular width of ~30' adjoining and .lying immediately South of .the Southerly limit of 'the North Talbot Road extending Westerly from the line between said~ Lots 295 and 296 to Station 34+42, together with an area having a perpendicular width of 30' lying immediately West of the drain between-the Northerly limit of the North Talbot Road and Pike Creek. Where the main drai~n ,'crosses the Nor. th Talbot Road County Road # 46), .the Contractor :will cut-a minimum ~wid_th of '.rench that will allow him to remove the pmesent C.I.P., and will ~eliver any salvage materials'therefrom at. the site of the County ~ravel Pit hereinafter described, and wilt"' install a ~30" diameter~ 10 gauge, C.I.P., ~60' long. He.will lay this pipe. so that the in- ~ert at the south end is 4" 'below the grade of .the drain at .this lo- :ation and the north end of-the pipe will-be ~2" -.~.wer than the ~outh end of the culvert. After the Contractor has laid the new culvert to the ~roper depth and alignment, he shall seal each end with a .clay backfill for a length of 5' on the pipe and,securely tamp the clay around and over the pipe to the level' of ~.the shoulder of the road and between the clay backfill~ ~the.:~Contractor shall furnish, place and consolidate granular "B" material around and over-.the pipe to within 16" of the surface of .the roadWay and over the granular naterial, .the Contractor shall furnish, place and consolidate 12" ~f granular "A" material and on ,top of the'12" of granular "'A" ma- terial, the Contractor shall furnish and consolidate 4" of asphalt- ic HL-3 concrete for the full width of .the .pavement. On the outer ,~dge of the paVement for .the' full width of the shoulder, the Con- tractor shall, bring the granular "A" material to ~the surface of the ~houlder. SCHEDULE "C" TO BY-LAW NO. 82-28 ~pecifications ',us ton Drain ~ownship of Sandwich South Page 3. The Subur.ban ~Roads Commission will supply the said ~0" diameter C.I.P. and ~the granular !'B"-~material at the County ravel pit on County Road #.18, in the~.:~ownship of Gosfield SoUth, nd the Contractor is'-re~ir~ed to' obtain and '~transport the above ~aterials from the pit to the site .where the culvert is to be ins- ~alled. Where there is. any .br.ush,,~.~rubbish or trees in the cc le of the drain, including.both side.slopes of the drain, or w. here he earth is to be spread, and also including any brush,, rubbish or :tees on that strip of'land-between where .the earth is to be spread ~nd the edge of .the drain, a,tl such bru. s.h~! rubbish Or trees shall.be rubbed out of the drain and .close ,'cu~.::;,in 'the other areas, the hole to be burned or otherw;ise dispose/[ of to the satisfaction of :he Commissioner in char-ge. The Contractor will also c:tose cut all brush in that ~rea of the drain remote from .where the ~earth is to be spread for distance of ,5' from the top of the .finished bank of the drain nd shall' .dispose of the brush in &..manner satisfactory to the ~ommissi~ner in charge at a site to be secured by him at his Own ,~xpense. In that area of the drain:~North of the North Talbot .~oad, ·the Contractor will encounter.~..mamM~..,large trees, some in the ;ourse of the drain and some on the:.·top-,~of .the .bank. The Commis- sioner in charge will direct·the Contractor as to which trees shall ~e totally removed from the drain and which' trees may be.close cut ~nd further which trees may be left in place. In disposing o:f :the :tees, the Contractor will use .the same procedure as he has dnme in the excavatiOn of the main portion of the drain. SCHEDULE "C" TO BY-LAW NO. 82~28 .... )ecif ications Drain ip of Sandwich South Page 4. Where it is necessary to-take down any fence in order proceed with the work, the same, shall, be done by .the Contractor when that portion of the work has been completed, the said' shall be replaced by him in a neat and workmanlike manner, he will not be requi~ed: to procure any new materials for re- .ng said fence, provided he has used reasonable care ,in re- · and replacing t.he same. Where the drain runs~Westerly along the Southerly ide of County Road # 46,-the Contractor shall take the necessary ,idening off the Southerly ~s,.l~pe .of the drain and in this area, the slopes of .the drain shall be 2' horizontal to 1' 'Vertical. Before the work is commenced, the Contractor will ob- the necessary permits to ~pe=ate his machine and equipment. The Contractor shall.-satisfy himself as to ~the exact nature and extent of any exist:ting structures, utilities, other objects which he may encounter,-~during the~course of the and do no damage?to same. The whole of 'the .work shall"be done in a neat, tho- ;h and workmanlike manner, .to the full satisfaction of the Com- in charge. Progress orders for.paymen~ will be furnished~to the tot by the Commissioner. in charge, Said orders shall be not than 85% of the value of 'the work done and materials' furnished the ground 'but t-he. paying of .:the full .85% does not imply :that portion of the ~woJ~.k has been-accepted.. The remaining 15% will. b thirty-seven (371),days after the final completion and accept- ~nce of the work. ,-Ontario. June 29~ 1982. C.GoRUSSELL ARMSTRONG LIMITED Drainage Engineers ~/Maurice ArmStrong P~ng.