HomeMy WebLinkAbout20020626.tiff Decision No. C02-0281
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLOORADO - ' -
DOCKET NO. 01A-288R j „
IN THE MATTER OF THE APPLICATION OF THE TOWN OF WINDSOR,
COLORADO, A COLORADO STATUTORY TOWN, FOR AN ORDER AUTHORIZING THE
CONSTRUCTION OF A PEDESTRIAN-BICYCLE CROSSING OVER THE GREAT
WESTERN RAILWAY TRACK AT THE INTERSECTION OF COLORADO STATE
HIGHWAY 257 IN THE TOWN OF WINDSOR, COUNTY OF WELD, STATE OF
COLORADO.
COMMISSION ORDER GRANTING APPLICATION
Mailed-Date : -March 8,--2002
Adopted Date : March 6, 2002
BY THE COMMISSION:
Statement
1 . On June 15, 2001, The Town of Windsor, filed this
application for authority to construct a pedestrian-bicycle trail
across the tracks and right-of--way of the Great Western Railway
Company ( "GtWRy" ) , at Colorado State Highway 257 ("SH 257") and
the intersection of the Kodak Plant entrance in The Town of
Windsor.
2 . The Commission gave notice of the application,
together with a copy of the application, to all interested
parties including the adjacent property owners, in accordance
with § 40-6-108 (2) , C.R. S . The Notice was mailed July 17, 2001 .
3 . On July 17, 2001 , the Staff of the Commission
filed its Entry of Appearance and Notice of Intervention.
4 . The Town of Windsor waived the time limits set
forth in Section 40-6-109 . 5 (2) and (3) , C.R. S .
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5 . The Commission will determine this matter upon the
record, without a formal hearing, under § 40-6-109 (5) , C.R. S . ,
and Rule 24, Commission Rules of Practice and Procedure, 4 Code
of Colorado Regulations ( "CCR" ) 723-1 , because the application is
noncontested and unopposed.
Findings of Fact
1 . The Town of Windsor is constructing a portion of
the Poudre River Trail designed to connect Greeley, Colorado to
Fort Collins, Colorado, through The Town of Windsor. This project
consists of the construction of an at-grade crossing across the
track of the GtWRy for the Poudre River Trail . The proposed
crossing will be located at the intersection of SH 257 and the
Kodak Plant entrance .
2 . In the vicinity of the crossing, SH 257 runs
north/south and is east of, parallel to, and contiguous with the
railroad right-of-way. The GtWRy operates approximately 2 trains
per day at the location of the proposed crossing at a maximum
train speed of 25 mph.
3 . The purpose of this application is to secure
Commission approval to construct the pedestrian-bicycle trail
across single track of GtWRy as shown on Exhibit A of this
application. The proposed pedestrian-bicycle trail will cross
the tracks at approximately a 90-degree angle to the tracks .
Appropriate warning signs and pavement markings will be installed
and maintained by The Town of Windsor in accordance with the
Manual on Uniform Traffic Control Devices .
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4 . Notice of the proposed grade crossing has been
given by the Commission to all interested parties, including the
adjacent property owners . No intervenor who filed a petition to
intervene or other pleading contested or opposed the application.
5 . Funding for the entire project including the grade
crossing surfaces, approach work, drainage and related work will
be paid for by the Town of Windsor.
6 . Maintenance of the pedestrian-bicycle crossings
including the crossing surfaces, approaches, pavement markings,
and warning signs will be the responsibility of the Town of
Windsor.
7 . All exhibits, specifications, and plans are
complete, accurate, and meet Commission requirements .
8 . The public safety, convenience, and necessity
require, and will be served by, the granting of this application.
Conclusions On Findings Of Fact
1 . The Commission has jurisdiction in this matter
under § 40-4-106 (2) (a) and (3) (a) , C.R. S .
2 . No intervenor who filed a petition to intervene or
other pleading contested or opposed the application. The
application is noncontested and unopposed.
3 . The Commission will determine this matter on the
record, without a formal hearing, under § 40-6-109 (5) , C.R. S . ,
and Rule 24 , Commission Rule of Practice and Procedure,
4 CCR 723-1 .
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4 . The public safety, convenience, and necessity
require, and will be served by, the granting of this application.
ORDER:
The Commission Orders That:
1 . The Town of Windsor, is authorized to construct a
pedestrian-bicycle trail across the tracks and right-of-way of
the Great Western Railway Company, at Colorado State Highway 257
and the intersection of the Kodak Plant entrance in The Town of
Windsor.
2 ._ .—The construction_autharized _in__Orde_ring Paragraph
1 above shall be in accordance with the plans, specifications,
and exhibits submitted with the application, which are hereby
approved.
3 . The construction, operation, and maintenance of
the pedestrian-bicycle trail crossing shall be the responsibility
of The Town of Windsor.
4 . The Commission retains jurisdiction to enter
further required orders .
5 . This Order is effective on its Mailed Date .
ADOPTED IN COMMISSIONERS' WEEKLY MEETING
MARCH 6, 2002
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(S E A L) THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO
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9�0 RAYMOND L. GIFFORD
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ATTEST: A TRUE COPY
JIM DYER
de-- 2c. Commissioners
Bruce N. Smith
Director
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