HomeMy WebLinkAbout20050708.tiff Decision No. R04-1 lit:31_ -t)
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
DOCKET NO. 04A-205R
IN THE MATTER OF THE APPLICATION OF THE TOWN OF WINDSOR, COLORADO, A
COLORADO HOME RULE MUNICIPALITY, FOR AN ORDER AUTHORIZING THE
CONSTRUCTION OF A ROADWAY CROSSING OVER THE GREAT WESTERN RAILWAY
TCK AT THE INTERSECTION OF CROSSROADS BOULEVARD AND STATE 25577 IN THE TOWN OF WINDSOR, COUNTY OF WELD, HIGHWAY
STATE
OF COLORADO
MOTION FOR EXTENSION OF TIME
The applicant,the Town of Windsor,Colorado("Windsor")hereby requests an extension of
time to and including March 9,2005,to file a Motion for Approval of Application and a stipulation
in the within action. As grounds therefor,Windsor states and alleges as follows:
I. Windsor's application was filed with the Public Utilities Commission on April28,2004. On
May 21, 2004,Windsor filed a supplement to the application.
2. On July 2,2004,OmniTRAX,Inc. ("OmmTRAX")and Great Western Railway of Colorado,
LLC ("Great Western") filed their Entry of Appearance and Notice of Intervention in this
matter.
3. As part of the aforesaid application,Windsor waived the procedural time limits set forth in
Section 40-6-109.5(2) and(3), C.R.S.
4. On or about January 25, 2005, Administrative Law Judge Marquez granted Windsor's
Motion to Vacate Hearing dated January 24, 2005, and ordered that the parties file a
stipulation in this case on or before February 28, 2005.
ettintinaiilCQ >1�J Page I of 5
P.� 6c; c24 PG() 2005-0708
5. Through the efforts of Windsor, Great Western, and OmniTRAX, a stipulation has been
agreed to and prepared, together with additional documents, including private crossing
agreements and a Contract for Services. Those documents were approved by Windsor's
Town Board on February 14, 2005, and by the other interested parties in this case, Trollco,
Inc., and Poudre Tech Metropolitan District on February 23, 2005.
6. Final approval by Great Western and OmniTRAX has been complicated by the recent
hospitalization and heart surgery of the principal engineer on this project, J. Chris Dodge.
Counsel for Great Western and OmniTRAX has represented that minor engineering changes
may be necessary regarding the design of the project involved and that accomplishing those
changes has been complicated by Mr. Dodge's illness. Counsel for Great Western and
OmniTRAX has assured the undersigned, and all other parties hereto, that the necessary
engineering changes can be made, all signatures obtained, and the Stipulation and
accompanying documents filed with the Public Utilities Commission within ten days.
7. Counsel for Great Western and OmniTRAX has authorized the undersigned to make the
representations contained herein and joins in the within motion for an extension of the time
to March 9, 2005,within which time the parties must file a stipulation.
Page 2 of 5
WHEREFORE,for the reasons aforesaid,Windsor requests that the parties be afforded to and
including March 9, 2005, within which to file a Motion for Approval of Application and a
stipulation, evidencing the parties' resolution of all issues in dispute.
DATED this 25`h day of February, 2005.
APPLICANT:
TOWN O , COLORADO
By /
t.
Jo P`. rey, own A ey
torney Reg. # 891
318 Canyon Avenue, Suite 200
P. O. Box 2283
Fort Collins, CO 80522
Telephone: 970-493-8622
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Motion for Extension of Time regarding the
Colorado Public Utilities Cyrnmission matter with Docket
each o.04A-205R5 was properly mailed with
�� g:
postage prepaid this !—day of February,
Trollco,Inc.
Town of Windsor Martin Lind,President
Board of Trustees 8200 Eastman Park Drive
1 dso Street Windsor, CO 80550
Windsor, C CO 80550
Town Board
Town of Windsor of Windsor
Roderick L.Wensing,Town Manager Town ow Walnut Street
W1 dso Street Windsor,CO 80550
Windsorr,, C CO 80550
Page 3 of 5
Eastman Kodak Company Colorado Department Of Transportation
Kodak Colorado Division Right-of-Way Office
9952 Eastman Park Drive 4210 East Arkansas Avenue
Windsor, CO 80550 Denver, CO 80222
Great Western Railway County of Weld
Company of Colorado, LLC Rob Masden, County Commission Chair
Carl Hollowell P.O.Box 758
P.O. Box 737 Greeley, CO 80632
Loveland, CO 80539
Mr.Rayne Hutchinson County of Weld
Railroad Coordinator Bruce Thomas Baker, County Attorney
4201 East Arkansas,Empire Park P.O.Box 758
Denver, CO 80222 Greeley, CO 80632
Ms. Karen Howard Colorado Public Utilities Commission
Deputy Attorney General Bruce Smith,Director
Regulatory Law Section Logan Tower,Office Level 2
1525 Sherman Street, 5th Floor 1580 Logan Street
Denver, CO 80203 Denver, CO 80203
OmniTRAX,Inc Colorado Public Utilities Commission
Attention: General Counsel Ray Jantzen,Railway Section
252 Clayton Street, Suite 400 Logan Tower,Office Level 2
Denver, CO 80206 1580 Logan Street
Denver, CO 80203
Town of Windsor Town of Windsor
Edward Starck,Mayor Dennis Wagner,Director of Engineering
301 Walnut Street 301 Walnut Street
Windsor,CO 80550 Windsor,CO 80550
Daniel K. Calisher,Esq. OmniTRAX,Inc.
Foster, Graham,Buttner&Calisher, LLP Chris Dodge,V.P. of Engineering
1226 Bannock Street 252 Clayton Street, Suite 400
Denver, CO 80204 Denver, CO 80206
Page 4 of 5
•
Mr. John J. Roberts
Assistant Attorney General
Business and Licensing Section
State of Colorado Department of Law
1525 Sherman Street, 5th Floor
Denver,Colorado 80203
Page 5 of 5
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