ONTARIO DRAINAGE TRIBUNAL
APPEAL:
STONE/VERVERS MUNICIPAL DRAIN (RE) Township of Springwater K. & E. Stone, H. & J. Lesperance, E. McFadden, G. Ververs, J. Knuff
STONE/VERVERS MUNICIPAL DRAIN (RE), 1995 ONAFRAAT 09
STATUTE:
HEARING:
March 14, 1995
May 4, 1995 for Order May 23, 1995 for Reasons
NEUTRAL CITATION:
1995 ONAFRAAT 09
TOWNSHIP OF SPRINGWATER
STONE/VERVERS MUNICIPAL DRAIN
IN THE MATTER OF:
An Appeal of K. & E. Stone and others from the Report of D. McNalty, P. Eng., dated March 29, 1994, on the Stone/Ververs Municipal Drain, in the Township of Springwater, in the County of Simcoe.
DECISION
This Appeal came before the Ontario Drainage Tribunal on March 14, 1995, at the Township of Springwater Council Chambers, 57 Queen Street West, Elmvale, Ontario.
All assessed owners were served with the Notice of Hearing, as evidenced by the Affidavit of Service filed, and invited to make representations.
At that time, there appeared before the Tribunal, D. McNalty P. Eng., who prepared and presented the Report, dated March 29, 1994 the Appellants K. & E. Stone, H. & J. Lesperance, E. McFadden, G. Ververs, J. Knuff and D. Priest, Public Works Superintendent, Township of Springwater on behalf of the Township of Springwater and other assessed owners.
The Clerk of the Township of Springwater, Eleanor J. Rath, A.M.C.T., acted as Clerk of the Tribunal.
On hearing the evidence, the submissions and reading the materials filed:
IT IS ORDERED THAT all assessments be restored as levied by the Engineer in the Assessment Schedule (revised for presentation to the Court of Revision) dated June 1994, annexed hereto as Schedule "A".
IT IS ORDERED THAT the allowance granted to G. Ververs with respect to the SW 1/4 Lot 13, Con. 10, pursuant to s. 30 of the Drainage Act be increased from the sum of $300.00 to the sum of $600.00.
IT IS ORDERED THAT the increase in the allowance granted to G. Ververs in Paragraph 2 above, shall be assessed against all lands and roads assessed for the cost of the Main Drain and in the same relative proportions as the "Liability Assessment" levied against those lands and roads.
IT IS ORDERED THAT there be no Order as to costs and all parties are responsible for their own costs.
Attention is drawn to s.73 of the Drainage Act, R.S.O. 1990, c. D.17.
Dated: May 4, 1995.
Bernard J. Goodal, Chairperson
SCHEDULE "A"
TOWNSHIP OF SPRINGWATER. STONE-VERVERS MUNICIPAL DRAIN ASSESSMENT SCHEDULE
(Revised for Presentation to the Court of Revision)
Ainley & Associates Ltd. Project 193255 June 1994
Roll NO.
Cone No.
Lor No.
Property Owner
Approx. Hectares Affected
Liahility Assessment
Benefit Assessment
Total Assessment
OMAF Gram
Allowance
Total
Main Drain
C, - 131
9
N'/e 14
E. McFadden
8.00
$I. 797.47
$0 ()()
$1.797.47
$599 16
$0.00
$1.986.31
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