Order No. 1995-R-369

August 31, 1995

August 31, 1995

IN THE MATTER OF Order No. 1995-R-175 dated May 1, 1995, which authorized the City of Calgary (hereinafter the applicant), pursuant to section 201 and all other relevant sections of the Railway Act, R.S.C., 1985, c. R-3, to construct an overhead bridge to carry the "highway", namely Canyon Meadows Drive S.W., across and over the track of Canadian Pacific Limited (hereinafter the railway company), at mileage 7.96 Macleod Subdivision, in the city of Calgary, in the province of Alberta, as shown on Drawing Nos. NTA-1 and NTA-2, both revised January 31, 1995, (hereinafter the Plans), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/134-007.96


WHEREAS clause 6 of Order No. 1995-R-175 reserved the costs of constructing and maintaining the overhead bridge and the cost of closing the temporary level crossing for future determination by the Agency;

AND WHEREAS by letter dated July 6, 1995, the applicant proposed that the railway company make a contribution of $31,750 towards the construction of the overhead bridge;

AND WHEREAS by letter dated August 17, 1995, the railway company agreed to make a one time contribution of $31,750 towards the cost of construction of the overhead bridge;

AND 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 railway company shall make a one time contribution of $31,750 towards the cost of construction of the overhead bridge and the balance of the cost of construction of the overhead bridge shall be paid by the applicant.
  2. The cost of closing the temporary level crossing shall be considered part of the cost of construction of the overhead bridge.
  3. The cost of maintaining the overhead bridge shall be paid by the applicant.
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