Order No. 1991-R-76

February 7, 1991

February 7, 1991

IN THE MATTER OF an application by the Department of Transportation and Utilities of the Province of Alberta (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 "highway" by widening Secondary Highway No. 520 where it crosses at grade the track of Canadian Pacific Limited (hereinafter the railway company), at mileage 81.23 Macleod Subdivision, between the northeast quarter of Section 23 and the southeast quarter of Section 26, Township 12, Range 17, west of the Fourth Meridian, in the Town of Claresholm, in the Province of Alberta, as shown on Plan No. 2:08 - 41 dated June 19, 1990 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/134-081.23

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 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. The cost of reconstructing the crossing and the highway approaches of the crossing shall be paid by the applicant.
  4. The cost of maintaining the crossing shall be paid by the railway company.
  5. The cost of maintaining the highway approaches of the crossing shall be paid by the Town of Claresholm.
  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-120 dated April 2, 1990, or its replacement, for all construction and maintenance work carried out by the railway company under this Order.
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