Order No. 1991-R-17

January 14, 1991

January 14, 1991

IN THE MATTER OF an application by the City of Toronto (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 reconstruct the pedestrian overhead bridge carrying the "highway", namely Innes Avenue, across and over the tracks of the Canadian National Railway Company (hereinafter the railway company), at mileage 5.70 Newmarket Subdivision, in the City of Toronto, in the Province of Ontario, as shown on Plan Nos. C1, C2, C3, C4 and C5 all dated December 1989 (hereinafter the Plans), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/564-005.70

WHEREAS the Agency has reviewed the submissions filed and takes note of the agreement of the parties.

NOW THEREFORE, IT IS ORDERED THAT:

  1. The applicant is authorized to reconstruct the pedestrian overhead bridge, as shown on the Plans and shall also provide pier protection between the columns of the structure adjacent to, and on each side of, the tracks of the railway company.
  2. The pedestrian overhead bridge shall be reconstructed and maintained in compliance with the requirements of the Agency respecting highway crossings.
  3. Detailed plans shall be submitted to, and approved by, an Engineer of the Agency before reconstruction is commenced.
  4. The cost of reconstructing the pedestrian overhead bridge shall be paid by the applicant.
  5. The cost of removing the existing pedestrian overhead bridge, the cost of protecting the railway facilities and operations during construction, and the cost of relocating the utilities shall be considered part of the cost of reconstructing the pedestrian overhead bridge.
  6. The cost of maintaining the substructure and superstructure of the pedestrian overhead bridge shall be paid by the applicant.
  7. The cost of maintaining the railway approaches, track structure, railway drainage and communication facilities shall be paid by the railway company.
  8. 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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