Order No. 1995-R-404
September 26, 1995
IN THE MATTER OF Order No. 1994-R-373 dated September 8, 1994, which authorized Vaughan Engineering Associates Limited, on behalf of the Town of New Waterford, pursuant to section 202 and all other relevant sections of the Railway Act, R.S.C., 1985, c. R-3 to reconstruct the "highway", namely King Street, by levelling out the approaches and extending the sidewalk, where it crosses at grade the tracks of the Cape Breton Development Corporation (hereinafter the railway company), at mileage 7.70 New Waterford Subdivision, in the town of New Waterford, in the province of Nova Scotia, as shown on Plan identified as "King Street Railway Crossing Plan & Profiles", Job No. 2147, Sheet 1 of 1 revised May 2, 1994, on file with the National Transportation Agency (hereinafter the Agency).
File No. R 8050/952-007.70
WHEREAS Clause 6 of Order No. 1994-R-373 reserved the costs of maintaining the crossing for future determination by the Agency;
AND WHEREAS by letter dated August 10, 1995, the railway company has advised the Agency that it will be responsible for the cost of maintaining the crossing surface.
NOW THEREFORE, IT IS ORDERED THAT:
The cost of maintaining the crossing shall be paid by the railway company.
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