History Favours The Arbitration Applicant
The Fourth Avenue Bridge has been a major thoroughfare in Moose Jaw since its first wooden iteration in 1911.
It has always been a major traffic bridge over top of the operations of the Canadian Pacific Railway (CPR) today’s forerunner of Canadian Pacific Kansas City Railway (CPKC)
The present day cement Fourth Avenue Bridge was constructed in 1929 and is in dire need of major structural and other repairs.
According to documents submitted by the City to the Canadian Transportation Agency “the Viaduct is well past any legitimate service life expectations.”
Repairs will potentially cost into the tens of millions of dollars and take the main traffic artery out of service for months during reconstruction.
With the design work on the lastest rebuilding proposal for the Fourth Avenue Bridge almost complete the big question is where will the money come from?
The City of Moose Jaw is hoping CPKC will shoulder part of the cost of the multi-million dollar re-build. The railway has responded negatively to the City’s request.
The entire matter is now before arbitration with the Canadian Transportation Agency for a decision.
At the present time neither side is commenting publicly while arbitration is on-going.
The Canadian Transportation Agency is yet to render a decision in the case.
Today we look at other repairs made to the Fourth Avenue Bridge and what sort of orders - if any - were issued.
Second in a series.
By Robert Thomas
Although the present day Fourth Avenue Bridge is one continuous structure it is in fact three separate structures that forms the present day bridge.
The 1929 structure is approximately 330 meters in length and consists of 35 continuously supported reinforced concrete slabs. The 1929 structure ties into both ends of the original 1910 bridge’s steel truss structure.
The 1965 structure is approximately 33 meters long and is on the north end of the Fourth Avenue Bridge.
The 1965 structure is three spans of continuously supported reinforced concrete which splits into the northwest approach ramp and the northeast descending ramp.
The 1989 structure was constructed by the CPR extends the north end of the 1929 structure (the original concrete bridge) and is approximately 61 meters in length.
Tie Back To The 1929 Agreement
In the City’s 2023 arbitration application the City points out how the spirit of the 1929 agreement should be applied thus meaning the majority of the proposed work is cost shared on a 50/50 basis with CPKC.
CPKC for their part do not agree with that conclusion.
Neither side’s arguments have been proven as the matter has yet to be decided by the Adjudicator.
In 1965 the City wanted to reconstruct the northern approaches to the Fourth Avenue Bridge to improve traffic flow and provide additional exit ramp space.
The Fourth Avenue Bridge - MJ Independent photo by Robert Thomas
It is unknown if the City approached the then CPR to share the costs of upgrades because the records from 60 years ago are missing.
What is known though is the City argued to the Board of Transport Commissioners For Canada (BTCC) that the original 1911 Order and 1929 contract should be honoured as the basis for costs related to the project.
In an Order dated September 22, 1964 the City’s application was granted.
The project was cost shared with the Railway Grade Crossing Fund contributing 50 percent of the costs.
The 1989 structure was just one of the issues ending up in front of arbitration.
It was the year the start of the major restoration work was done on the Fourth Avenue Bridge.
Work which closed the Bridge for months much to the chagrin of South Hill merchants and ending up spawning South Of The Bridge (SOB) Days in an effort to bring business back to the South Hill business community.
The 1989 structure was part of an assessment whereby in the early 1980’s the CPR’s steel through truss portion of the bridge was showing serious signs of corrosion.
A broken steel member was replaced in December 1983 and by 1986 a weight restriction was placed on the bridge due to deterioration of the steel trusses.
According to the City’s 2023 arbitration submission the City and CPR were close to a 50/50 cost sharing agreement in September 1987 until it was discovered the concrete portion of the bridge had deteriorated structurally.
In January 1988 the City requested the CPR fund the repairs to the deteriorated concrete on a 50/50 basis. It’s something the CPR declined to do.
Council of the day were given extensive records looking into the 1980’s dispute which are part of the City’s present day arbitration submission.
The Two Options The City Would Accept In 1989 - excerpt from the City’s 2023 arbitration application
The City said they would agree to one of two options:
The CPR be responsible for the cost and maintenance of the steel span structure and the City would pay for the costs to repair of the concrete portions of the bridge.
OR
the work be cost shared on a 50/50 basis.
Both options tied back into the initial 1910 Order and the 1929 agreement to fund and maintain the present day Fourth Avenue Bridge.
On July 24, 1989 the National Transportation Agency ruled the CPR should construct and maintain at its expense the steel structure and supporting piers.
At the same time the order stated the City would provide and maintain at its expense the required wearing surfaces.
The two earlier arbitration decisions are now being used - along with the 1910 Order and 1929 Agreement - as the basis for the City’s present arbitration submission.
It needs to be remembered the City is not simply seeking to repave the Fourth Avenue Bridge. There are many major structural problem that need repair - the subject of the next story in the series.
Next - The Fourth Avenue Bridge Is Falling Down
The engineering reports show it’s not just the road surface in need of major TLC.
