Order No. 1988-R-769

August 31, 1988

August 31, 1988

IN THE MATTER OF the application of the City of Chatham (hereinafter the Applicant) for authority to reconstruct and widen Keil Drive where it crosses at grade the right of way and track of Canadian Pacific Limited (hereinafter the Railway Company), at mileage 65.87 Windsor Subdivision, in the City of Chatham, in the Province of Ontario, as shown on Plan Sheet 1 of 1, Project No. C-726, revised to January 19, 1988, on file with the Agency under File No. 45236; and

IN THE MATTER OF the relocation and revision of the protective devices.

File No. 45236

UPON reading the submissions filed,

IT IS ORDERED THAT:

  1. The Applicant and the Railway Company are authorized to carry out the said work as shown on the said Plan.
  2. The said work shall be carried out in compliance with the requirements of the Agency respecting highway crossings.
  3. The cost of reconstructing and widening the said crossing shall be paid by the Applicant.
  4. The cost of maintenance of the widened crossing shall be paid by the Applicant.
  5. Before the said widened portion of the crossing is opened for the use by the public, the Railway Company shall relocate and revise the protective devices at the said crossing.
  6. The said protective devices shall be relocated and revised in compliance with the requirements of the Highway Crossings Protective Devices Regulations General Order No. E-6, C.R.C. 1978, c. 1183.
  7. The cost of relocating the said protective devices shall be paid by the Applicant.
  8. The Railway Company is directed to prepare all accounts using rates not in excess of those stipulated in Schedule "A" entitled Directives attached to Railway Transport Committee Order No. R-40634, dated May 8, 1987, or its replacement, for all construction and maintenance work carried out by the Railway Company under this Order.
  9. Fifty per cent of the cost of maintenance and operation of the said relocated protective devices shall be paid by the Applicant and fifty per cent of the said cost shall be paid by the Railway Company.
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