Order No. 1991-R-77

February 8, 1991

February 8, 1991

IN THE MATTER OF an application by McCormick Rankin Consulting Engineers, on behalf of the Ministry of Transportation of the Province of Ontario, (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", namely Colborne Street, by widening it and adding a sidewalk on the north side, where it crosses at grade the track of the Canadian National Railway Company (hereinafter the railway company), at mileage 32.03 Hagersville Subdivision, near the City of Brantford, in the Township of Brantford, in the County of Brant, in the Province of Ontario, as shown on Figures 5, 6 and 7 of Contract No. 88-39, all dated August 1988 (hereinafter the Plans), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/460-032.03

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 Plans.
  2. The work shall be carried out and maintained in compliance with the requirements of the Agency respecting highway crossings.
  3. Eighty-three percent of the cost of reconstructing the crossing with a standard class crossing surface shall be paid by the railway company and the balance of said cost shall be paid by the applicant.
  4. The additional cost incurred for a superior class crossing surface shall be paid by the applicant.
  5. Eighty-three percent of the cost of maintaining the crossing shall be paid by the railway company and the balance of the said cost shall be paid by the applicant.
  6. The cost of reconstructing and maintaining the highway approaches of the crossing shall be paid by the applicant.
  7. 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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