Al? - Wednesday, September 8, 1982 - North Shore News

AN _ EXPENSIVE WAY TO COLLECT LAWSUITS? |
Aid to flood victims could spell trouble

A COST sharing pact worth about $800,000 in

creek channel upgrading neared accord last week
between North Vancouver District flood victims

and the municipality.

“Those members of
council who vote for this,”
argued Alderman John
Lakes, “must realize that
with the passage of time
District will be sued.”

Under the proposed
drainage improvement
scheme private (and some
public) properties damaged
during last October's
torrential rains are
slated to receive aid in the
form of equal cost sharing

with the municipality.
Residents whose
properties (not including

structures) were ravaged by
flooding will im essence pay
5O per cent of costs related
to drainage work needed to
improve water flow through
their developed residential
land.

In addition, property
owners could either contract
out to private companies the
required work or have
District do the designing and
construction.

To qualify for subsidy
under the program, residents
with water courses passing
through their land would
have p designations
of “high” or “medium” risk
flooding potential.

High risk is defined as
property where flooding
probability to both land and
buildings is significant.
Medium risk is classified as
property which would incur
only land damage from flood
waters.

However, council's
nervousness about entering
into the cost sharing
drainage improvement pact
arises from legal opinion
which notes that once
District agrees through
convenant to perform or
authorize flood control
work, then the municipality
becomes hable and open to
lawsuits.

“If the District takes no

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action,” explained municipal
solicitor Robert Orr, “I don’t
think the District faces any
potential liablility in the
event of flooding.”

He further remarked that
if District undertakes work
on medium and high risk
properties then the
municipality “could be liable
in negligence.”

“For liability of course,
there would have to be
negligence either in
preparation of the plans or
carrying out of work,”
explained Orr.

In short, District’s liability
would be limited and
reduced if it does not do any
drainage work, prepare any
design plans for water course
upgrading or inspect any
work carried out on flood
potential properties.

As it stands, if the

REVISED AFTERNOON PEAK SERVICE.
The emasting tip leaving the Vancouver

Bus Depot at 4-06 p.m. has been cancelled. The

following tnp, departing at 4.13 p.m. will now

drainage work program is
approved by council then all
property owners to receive
cost sharing improvements
would have to sign a
covenant protecting District
from future lawsuits.

But despite the indemnity
clause Lakes still contended
that “an indemnity is only as
good as an indemnity is.”

“What we're talking about
here is an open cheque book
for the future (lawsuits),”
said Lakes.

What Alderman Ernie
Crist, meanwhile found
ironical about District's

proposed drainage policy is
that the municipality should
be slammed with lawsuits
when it attempts to aid its
residents.

“It’s strange we (District)
should be heid liable when
we provided the necessary
work” said Crist, adding:
“I've read the  solicitor’s
report (containing the

covenants) and I think there
are adequate protections.”

And although Alderman
Jim Ball expressed empathy
for District residents and
said he understood the
enormous costs involved for
private property owners to
repair damages, the cost
could be greater for District
in the future if the scheme is
ratified.

MOUNTAIN HWY.

SEYMOUR

BERKLEY

DOWNTOWN ROUTING CHANGED.
All 210, 211 and 214 buses will now loop in
downtown Vancouver via Dunsmuir, Hornby and
Pender Streets. Actual terminus is on Hornby
Street, northbound between Dunsmuir and Pender.
Connections are available on local buses to and
from Georgia and Robson Streets.

MARINE DRIVE

IMPROVED AFTERNOON PEAK SERVICE.

One new trip has been added, leaving the
Vancouver Bus Depot at 4:47 p.m. The existing trip
leaving at 4:54 will now depart at 5:00 p.m.

HIGHLAND

operate three minutes earher

FOR MORE INFORMATION CALL 324-3211.

EFFECTIVE SEPTEMBER 10"

a To Downtown

“We are just opening the
door for future actions,” he
said. “But I sympathize with
those people affected.”

Alderman Mary Segal’s
sentiments were more in line
with Crist’s and she argued
the cost sharing pact was
necessary because “we have
responsibilities to all our

taxpayers.”

When and if council
approves the recom-
mendations from both the
municipal engineering
department and District's
solicitor on private property
drainage upgrading, work
will proceed in two phasés.

CONTINUED ON PAGE Al3

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OFF-PEAK ROUTE CHANGED
Outside of rush hours on weekdays, as well as

all day Saturdays, Sundays and holidays, the 246

HIGHLAND has been rerouted to tenninate at

ameninn Regular Route
ummm Rush Hour Routing

Park Royal Shopping Centre in West Vancouver

Those passengers travelling to and from Downtown

may transfer directly to a 240 MARINE DRIVE

or 241 UPPER LONSDALE at Marine & Capilano
See accompanying map for route details