Order No. 1990-R-706

December 10, 1990

December 10, 1990

IN THE MATTER OF an application by the Town of Craik (hereinafter the applicant) pursuant to section 202 and all other relevant sections of the Railway Act, R.S.C., 1985, c. R-3 for authority to relocate the "highway", namely Ferguson Street, where it crosses at grade the track of the Canadian National Railway Company (hereinafter the railway company), at mileage 72.04 Craik Subdivision, and to reconstruct it at grade across the track of the railway company at mileage 72.02 Craik Subdivision, east of the northeast quarter of Section 15, Township 24, Range 28, west of the Second Meridian, in the Town of Craik, in the Province of Saskatchewan, as shown on Plan No. S90-1-49 dated June 4, 1990 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/392-072.05

WHEREAS the Agency has reviewed the submissions filed.

NOW THEREFORE, IT IS ORDERED THAT:

  1. The applicant and the railway company are authorized to carry out the work as shown on the Plan.
  2. The work shall be carried out and maintained in compliance with the requirements of the Agency respecting highway crossings.
  3. When the crossing has been opened for use by the public, the railway company shall close the existing crossing.
  4. The cost of relocating, reconstructing and maintaining the crossing shall be paid by the railway company.
  5. The cost of relocating, reconstructing and maintaining the highway approaches of the crossing and the cost of closing the existing crossing shall be paid by the applicant.
  6. The railway company shall prepare all accounts using rates not in excess of those stipulated in Schedule "A" entitled Directives, attached to Agency Order No. 1990-R-60 dated February 13, 1990, or its replacement, for all construction and maintenance work carried out by the railway company under this Order.
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