55-56 VICTORIA. CHAP. 61. An Act respecting certain railway works in the [Assented to 9th July, 1892.] WHEREAS the Corporation of the city of Toronto by its Preamble. petition has prayed for special legislation in regard to certain of the matters hereinafter set forth; and it is expedient to grant the prayer of the said petition: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. So much of the work in the city of Toronto, authorized Declaratory. to be constructed by the Corporation of the said city by the Act of the Legislature of the province of Ontario, passed in the forty-ninth year of Her Majesty's reign, chapter sixty-six, and the Acts amending the same, and known as the Don im- Don improveprovement, as is covered by the agreements hereinafter mentioned or either of them is hereby declared to be a work for the general advantage of Canada. ment. 2. Two certain agreements, one dated the twenty-third of Agreements July, one thousand eight hundred and ninety, between the Cana- confirmed. dian Pacific Railway Company and the Ontario and Quebec Railway Company and the Corporation of the city of Toronto, and the second dated the third of July, one thousand eight hundred and ninety-one, between the Toronto Belt Line Railway Company and the said Corporation of the city of Toronto, concerning the use by the said companies of certain portions of the Don improvement, which agreements are printed as appendices "A" and "B" hereto respectively, are hereby validated and confirmed and the parties thereto are declared respectively to have and to have had power to do all acts necessary to give effect to the said agreements. to traffic pro 3. No railway company shall, without the consent of the Obstruction Railway Committee of the Privy Council, erect fences or con- hibited. struct cattle guards or other obstructions to traffic upon any portion of the said Don improvement so as to prevent the public from passing upon, over, across and along the said improvement or any portion thereof. Don Branch. 4. Any work or proceedings commenced or to be commenced for the purpose of constructing or completing and operating the Don Branch may be carried on by the Ontario and Quebec Railway Company, or by its lessee the Canadian Pacific Railway Company, as if the time named in section two of chapter fifty-three of the Statutes of 1888, were five years instead of three years. APPENDIX "A." THIS AGREEMENT, made the 23rd day of July, A.D. 1890, between the CORPORATION OF THE CITY OF TORONTO, hereinafter called "the City," of the one part, and the CANADIAN PACIFIC RAILWAY COMPANY and the ONTARIO AND QUEBEC RAILWAY COMPANY, hereinafter called "the Company," of the other part,Witnesseth that the parties hereto do hereby mutually covenant and agree the one with the other as follows: 1. The City shall acquire in fee simple the lands required by them for the Don improvement, including the strip of land to be leased as hereinafter provided, and the Company agrees not to interfere with that title by expropriation of the said strip, or of any other portion of the said property acquired or to be acquired by the City as aforesaid, under the Ontario Act, 49th Victoria, chapter 66, or the Acts amending the same. Provided, and it is hereby agreed, that the City and the Company shall co-operate in obtaining any legislation which either party may consider necessary to remove any doubts as to the validity of this agreement; and in the event of such legislation being refused and the validity of this agreement being successfully impugned, the rights of the Company (if any) in regard to expropriation shall remain as if this agreement had not been made. 2. The City shall lease or otherwise assure to the Company in perpetuity the use of a strip of land twenty-six feet wide, on which two tracks are to be constructed for running purposes only along the Don improvement and south-west thereof, the location of said strip being hereinafter more particularly described; such use to be as full as the business of the Company for running purposes only may require-at an annual compensation, the amount and terms of which are to be fixed. at intervals of fifty years each by arbitration in manner hereinafter described. 3. The Company shall have at all times the working, control and management of the said two running tracks and the arrangement of the time-tables, reserving the right to any other railway company or companies using the tracks (if dissatisfied with the time-tables arranged by the Company), to apply to the Railway Committee of the Privy Council for a readjustment of such time-tables; and such Railway Committee shall have power to readjust the same, but the tracks (in so far as they can be used without interfering with the actual requirements of the business of the Company for running purposes), may be used (for running purposes only) by other railways to be nominated by the City upon payment of such periodical compensation to the Company, and upon such other terms as shall be determined by the Railway Committee of the Privy Council, such terms to be fixed by the said committee, having regard, amongst other things, to the amount contributed by the Company towards the construction of overhead bridges and other improvements, and to the compensation annually paid by the Company, and to the proportion of the use of the tracks given to such other companies, and to the expenses of maintenance, repairs, et cætera. The advantage of being the senior road (as is usual in railway agreements for joint user) shall be in all cases retained by the Company. 4. If the use of the tracks by any other railway company or companies so nominated by the City is objected to by the Company, the dispute shall be referred to the said Railway Committee, and on the hearing of the matter the Company shall not be allowed to object on any grounds except some one or more of the following grounds : (a.) That the capacity of the said two tracks is not sufficient to justify their proposed user by such other company or companies. (6.) That the business of the railway asking admission is of an objectionable nature; but a railway running suburban trains at intervals of not less than thirty minutes shall not be considered objectionable solely on account of the frequency of such trains. (c.) That in the event of the user of either of the said tracks being asked for by the Grand Trunk Railway Company, then the Canadian Pacific Railway Company may object that it should not be granted unless reciprocal rights be given to the Canadian Pacific Railway over their Toronto tracks. Nothing herein contained shall be taken as an approval by the City of any of such objections. 5. The location of the said strip and two running tracks shall in the first instance be as follows, that is to say: Commencing at the face of the south abutment of the Company's bridge over the River Don, at or near the south line of Winchester street produced; thence southerly along the west side of the Don improvement next west of the twenty-three feet roadway adjoining the new channel to a point at or near King street and where the Company's railway lines deflect on a curve to the south-west; thence along such curve, continuing at the same width over city property, to the north side of Eastern avenue, near Cypress street, excepting therefrom that portion crossing the road allowance on the Don improvement to the south of King street, the whole as more particularly shown on signed plan hereto attached. But this location may, from time to time, be readjusted and changed as the needs of business may demand; and if the Company and the City do not agree as to such readjustment, the matter shall be referred to and decided by the Railway Committee of the Privy Council, and upon such readjustment the rights of the parties as to the strip of land in the new location and the tracks thereon shall be the same as if it were the location described in the original lease. 6. Nothing in this agreement shall affect any of the obligations of the Company under section 187 of The Railway Act, or the position of the City in regard to the proposed expropriation by the Company of certain lots on the water front of Toronto; nor in case the City shall at any time apply for legislation to have railway approaches placed under the control of an independent trust, as recommended by paragraph 15 of the Joint Esplanade Committee's report to the municipal council of the City, dated 24th December, 1889, shall the fact of the making of this agreement be used by either party against the other in reference to any such application for legislation. (a.) Subject to the requirements of section 192 of The Railway Act, overhead bridges or trestles or other structures for the handling of traffic and for loading or unloading freight from vessels or for passenger traffic, may be erected upon and across the said Don improvement and the tracks thereon at any point, and any difference or dispute in relation thereto shall be determined by the Railway Committee of the Privy Council. 7. The Company shall dredge the channel on the north side of the River Don to a line with the north abutment of its bridge so far as it has not already been done. 8. The Company shall pay the cost of raising the roadway on the west side of the Don from the south abutment of its bridge until the grade comes down to the level of the caps of the City's piling. 9. The Company shall pay the costs of the additional cribbing necessary to sustain this increased embankment, and shall maintain such additional cribbing in perpetuity. 10. The Company shall permit the City contractors to cross its tracks at any point for the purpose of their contract. 11. The Company shall provide gates and watchmen at King street and Eastern avenue crossings, and also at the level crossings of the highway running along the west side of the said switching and siding tracks. 12. The Company shall within two years from the date of the agreement erect and maintain in perpetuity a passenger station on their own land at or near the crossing of the line of King street by the said two running tracks. 13. The Company shall arrange with the City's contractors so as to avoid any claim for damages on their part against the City by reason of the Company's tracks being laid on the Don improvement before the works now under contract are completed, and to the extent of its power the City will aid the Company in avoiding liability for any such damages. (a.) The other matters mentioned in the memorandum attached to Mr. Sproatt's letter of December 24th, 1888, to Mr. Van Horne, a copy of which is attached hereto, are not affected by anything contained in this agreement. (b.) In case the City at any time decides to construct a high level bridge at Winchester street, the Company will not oppose the construction thereof; and all questions as to the liability of the Company to contribute toward the construction thereof, and as to the extent (if any) of such contribution, shall be decided by the Railway Committee of the Privy Council. 14. Until arrangements have been made for the construction of a high level bridge at King street crossing, the Company shall protect the level crossing there with gates and watchmen as above mentioned, and to avoid the dangers incident to a level crossing of King street by said tracks the Company agrees not to oppose the construction by the City of a high level bridge across the Don improvement at this point, such bridge to be constructed by the City, and the Company will contribute towards the cost and expenses incident to the construction and maintenance thereof, including damages to any property which may be injuriously affected thereby, in such proportion as the Railway Committee of the Privy Council may determine, and both parties hereto agree to be bound by the decision of the said committee. 15. The public shall have the right to cross all tracks at grade on the improvement at Winchester street and Eastern avenue, and at eight points between Winchester street bridge and Eastern avenue, such points to be designated by the city council, and the crossings shall be at least 66 feet wide, but after an overhead bridge at Queen street crossing shall have been constructed and opened for traffic, the tracks shall not be crossed at the level at that point. 16 The Company shall keep across the said strip all such grade crossings as are above mentioned, paved or planked as provided by section 4 of the Act, 28 Victoria, chapter 34, respecting the Toronto Esplanade, and the provisions of The Railway Act as to level highway crossings shall also apply to the said crossings. (a.) In the case of the construction in the future of elevated tracks running from a westerly or southerly direction into grade at any point on the said strip herein before described at or south of the King street crossing, there shall be, in respect of the residue of the said strip (that is to say the part of it lying south of that point) an abatement to the Company of a due portion of the said rent; the amount of such abatement (if dispute arise concerning it) to be finally decided by the Railway Committee of the Privy Council, as well as all questions of compensation to the Company in respect of the disturbance of tracks thereon, or other matters relating to the said residue; provided that in any such case the Company shall not be entitled to any compensation on the ground that the use of the residue of the said strip would be worth during the unexpired portion of the term any higher rent than the proportion of rent so to be abated. |