Order No. 1991-R-483
September 5, 1991
IN THE MATTER OF Order No. 1991-R-339 dated June 21, 1991 which authorized Canadian Pacific Limited (hereinafter CP) to reconstruct the overhead bridge carrying the "highway", namely Belvedere Street, across and over its track at mileage 68.40 Sherbrooke Subdivision, in the City of Sherbrooke, in the Province of Quebec, as shown on General Layout Plan No. 092600200060, Sheet No. 2, dated April 5, 1988, on file with the National Transportation Agency (hereinafter the Agency).
File No. R 8050/225-068.40
WHEREAS the City of Sherbrooke (hereinafter the City), subsequent to the issuance of Order No. 1991-R-339, proposed an alternative design, namely a change in the design which incorporates a tunnel for the use of pedestrians and cyclists at the back of and as part of the reconstruction of the north abutment of the overhead bridge at Belvedere Street;
AND WHEREAS the City, in support of its revised design, submitted Plan No. 092600200060, Sheet Nos. 1 and 6 to 15, all revised June 28, 1991 and Plan No. 092600220050, Sheet Nos. 2 to 5, all revised June 28, 1991;
AND WHEREAS the City advised that it was ready to assume all the costs of constructing and maintaining the said tunnel;
AND WHEREAS CP submitted that Sheet Nos. 1 to 15, all revised June 28, 1991 showing the proposed cycle/pedestrian tunnel under the roadway were acceptable;
AND WHEREAS the Agency has reviewed the submissions filed, takes note of the agreement of the parties and has found pursuant to section 41 of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.), that there has been a change in the facts or circumstances pertaining to Order No. 1991-R-339 since it was issued.
NOW THEREFORE, IT IS ORDERED THAT:
Order No. 1991-R-339 dated June 21, 1991 is hereby amended by:
- Replacing, in the heading, "General Layout Plan No. 092600200060, Sheet No. 2, dated April 5, 1988" with "Plan No. 092600200060, Sheet No. 7, revised June 28, 1991".
- Replacing on page 1, second paragraph, "Plan No. 092600200060, Sheet No. 1 revised April 12, 1988 and Plan No. 092600200050, Sheet Nos. 2 to 14 all revised April 12, 1988" with "Plan No. 092600200060, Sheet Nos. 1, 6 and 8 to 15, all revised June 28, 1991 and Plan No. 092600220050, Sheet Nos. 2 to 5, all revised June 28, 1991".
- Adding the following paragraph:
"12. The cost of constructing and maintaining the tunnel to serve pedestrians and cyclists, located at the back of the north abutment of the overhead bridge, shall be paid by the City."
- Date modified: