Order No. 1991-R-240

May 17, 1991

May 17, 1991

IN THE MATTER OF an application by the City of Lethbridge (hereinafter the applicant) pursuant to section 201 and all other relevant sections of the Railway Act, R.S.C., 1985, c. R-3 for authority

a) to construct an overhead bridge to carry the "highway", namely Highway 3A/University Drive/ Highway 25, across and over the track of Canadian Pacific Limited (hereinafter the railway company), at mileage 110.95 Taber Subdivision;

b) to remove the crossing at grade carrying the "highway", namely University Drive, across the track of the railway company, at mileage 110.92 Taber Subdivision; and

c) to remove the overhead bridge carrying the "highway", namely Highway 3A, across and over the track of the railway company, at mileage 110.97 Taber Subdivision;

all in the City of Lethbridge, in the Province of Alberta, as shown on Drawing No. P1, Revision 2, dated September 1990 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/243-110.95

WHEREAS the applicant applied to the Agency for the authority set out in the title;

AND WHEREAS the applicant requested that the railway company contribute to the cost of constructing the overhead bridge;

AND WHEREAS the railway company is not prepared to accept the proposal of the applicant and, therefore, submits that it should not be required to contribute to the cost of constructing the overhead bridge;

AND WHEREAS the utility companies affected by the proposal have not objected to the proposed work and have provided cost estimates to the applicant for required modifications to their systems;

AND WHEREAS the Agency has reviewed the submissions filed and in accordance with the Decision appended hereto.

NOW THEREFORE, IT IS ORDERED THAT:

  1. The applicant is authorized to carry out the work as shown on the Plan.
  2. The overhead bridge shall be constructed and maintained in compliance with the requirements of the Agency respecting highway crossings.
  3. Detailed plans of the proposed overhead bridge shall be submitted to, and approved by, an Engineer of the Agency before construction is commenced.
  4. When the overhead bridge at mileage 110.95 Taber Subdivision has been opened for use by the public, the applicant is authorized to remove the existing crossing at grade of University Drive at mileage 110.92 Taber Subdivision and to remove the existing overhead bridge at the crossing of Highway 3A at mileage 110.97 Taber Subdivision.
  5. The cost of constructing and maintaining the new overhead bridge, the cost of removing the existing overhead bridge and the cost of removing the existing crossing at grade shall be paid by the applicant.
  6. The railway company is directed to prepare all accounts using rates not in excess of those stipulated in Schedule "A" entitled Directives, attached to Agency Order No. 1991-R-56 dated February 4, 1991, or its replacement, for all construction and maintenance work carried out by the railway company under this Order.

ERRATUM

February 10, 1992

Order No. 1991-R-140 dated May 17, 1991 - City of Lethbridge, mileage 110.95 Taber Subdivision.

File No. R 8050/243-110.95

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