Order No. 1991-R-28

January 22, 1991

January 22, 1991

IN THE MATTER OF an application by the City of Winnipeg (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 to construct a subway to carry a "highway", namely York Avenue, across and under the tracks of the Canadian National Railway Company (hereinafter the railway company), at mileage 251.82 Redditt Subdivision, in the City of Winnipeg, in the Province of Manitoba, as shown on Plan Nos. ST-1-451 dated April 1990 and ST-2-451, ST-3-451, ST-4-451 and ST-6-451 all dated April 16, 1990 (hereinafter the Plans), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/611-251.82

WHEREAS the Agency has reviewed the submissions filed.

NOW THEREFORE, IT IS ORDERED THAT:

  1. The applicant and the railway company are authorized to construct the subway, as shown on the Plans.
  2. The subway shall be constructed 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 construction is commenced.
  4. The cost of constructing the subway shall be paid by the applicant.
  5. The cost of constructing and removing the rail diversions, the cost of modifying the track layout and the cost of relocating the utilities shall be considered part of constructing the subway.
  6. The cost of maintaining the substructure and superstructure of the subway shall be paid by the applicant.
  7. The cost of maintaining the track rail, ballast, switches, communication lines, train services and other appurtenances located on or within the structure shall be paid for by the railway company.
  8. All other maintenance costs associated with the subway, including the cost of maintaining the highway approaches, sidewalks, lighting, safety barriers and drainage, shall be paid by the applicant.
  9. 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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