HomeMy WebLinkAboutWD-63-84CORPORATION OF THE TOWN OF NEWCASTLE
PUBLIC WORKS DEPARTMENT R. DUPUIS, P. ENG., DIRECTOR
HAMPTON, ONTARIO TEL. (416) 263.2231
LOB 1JO 987.5039
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF JUNE 18, 1984
REPORT NO.: WD -63 -84
SUBJECT: REPORT ON CORRESPONDENCE FROM THE LAW FIRM
OF JONES & JONES SUBMITTING COSTS RE
MR. MARK HANCOCK, LOT 35, CONCESSION 6,
FORMER TOWNSHIP OF DARLINGTON.
RECOMMENDATION:
It is respectfully recommended:
1. That this report be received; and,
2. That a copy of this report be forwarded to the law
firm of Jones & Jones and the City of Oshawa.
REPORT:
The attached correspondence from the law firm of Jones &
Jones raises two matters which should be considered by
Council:
1. The condition of the Townline road allowance in
Concession 6 of the former Township of Darlington and
the associated need for repairs.
2. An account in the amount of $75.00 for lost time and
wages as a result of Mr. Hancock being "stuck" on the
Townline road allowance.
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Page 2
REPORT NO. WD -63 -84
With respect to the first issue, the status of the Townline
road allowance has been a matter of discussion for some
time. Numerous discussions with Mr. Hancock, his lawyer and
the City of Oshawa have taken place. Notwithstanding such
discussions, the "Boundary Road Agreement" between the Town
and City of Oshawa, Paragraph 4.0, states:
"Nothing in this agreement shall oblige either the
City or the Town to open for public travel, maintain
or repair any portion of the boundary road allowance
that is designated as "unopened" or that is not
maintained by either Party, as illustrated on the plan
attached as Schedule "B "."
Schedule "B" includes the section of the Townline road
allowance in question. Therefore, unless some accord is
reached between the Town and City, no work will be performed
on the Townline road allowance.
With respect to the account for $75.00 being submitted, it
must be pointed out that both Mr. Hancock and his lawyer are
well aware of the status of the Townline road allowance, as
discussed above, and that Mr. Hancock did, on his own
volition, choose to use the road allowance despite a sign at
the northern entrance to it which states that it is
unmaintained and not open to traffic. The Town is,
therefore, not responsible for Mr. Hancock's actions or any
costs incurred by him in taking such actions.
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Page 3
REPORT NO. WD -63 -84
In considering this matter, Council may be interested in how
the road allowance in question relates to the Town's policy
for unimproved roads. Having reviewed the road allowance,
it is apparent that at some time in the past the road was
maintained either by the former Township of Darlington or
the former Township of Whitby. Thus, Town policy would
recognize this road as unimproved and would permit minimal
maintenance in accordance with the quality standard for
unimproved roads. However, it is felt that the terms of the
Boundary Road Agreement supercedes the Town's normal
policy.
Respectfully submitted,
R.G. Dupuis, P. Eng.,
Director of Public Works.
RGD:jco
June 13, 1984.
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May 24, 1984
Mayor and Council
of the Corporation of the`
Town of Newcastle
40 Temperance Street
BOWMANVILLE, Ontario
L1C 3A6
Dear Sirs:
Communications Direction
Ralph S, Jones
Donald S. Jones
Re: Mark Hancock
re: property at Lot 35, Conc. 6, Darlington
/el
D -7
RECEIVED
MAY 3 p 1984
Our client, Mark Hancock, owns the north 70 acres of Lot 35 in the
sixth concession of Darlington. His only access to the southerly
portion of this land is along the Townline Road, which at this time
is presumably an unopened road allowance, although certain
improvements have been made to this road in years past. In any
event, last week, our client was attempting to take farming implements
to this field in order to put the crop in and became mired in a mud
hole in the road allowance. Lost time and wages amounted to some
$75.00. Since, at the present time, he appears unable to get any
assistance from your Council to fix up this road, we are submitting
his account in the amount of $75.00, one -half of which we feel should
be paid by the Town of Newcastle. We will be submitting a similar
account to the City of Oshawa.
Yours truly,
JONES & JONES, Per:
RALE S. JO ES
130 King Street East, Oshawa, Ontario LIH IB6 Telephone (416) 571.1774
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