HomeMy WebLinkAbout20011975.tiff BEFORE THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO
Dgcleet No;.01F,-288R
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.
NOTICE OF APPLICATION FILED
TO THE PARTIES IN THIS MATTER AND ALL INTERESTED PERSONS, FIRMS
OR CORPORATIONS :
You are notified that this application has been filed with
the Colorado Public Utilities Commission, and any person desiring
to intervene in or participate as a party in this proceeding
shall file his petition for leave to intervene, or under the
Commission' s Rules of Practice and Procedure, file other
appropriate pleadings to become a party, within 30 days after the
date of this notice.
At the time of this notice, the Commission has not deemed
this application to be complete within the meaning of § 40-6-
109 . 5, C.R.S .
The Commission may consider and decide this application upon
the record without a formal public hearing if the application is
deemed complete and no notice of intervention or petition to
intervene contesting or opposing the application has been timely
filed.
If a hearing is required in this matter, the Commission will
notify the parties of the hearing date, time and location.
Applicants must appear at the hearing, if one is set, and present
evidence in support of their application. Other parties may
appear and present evidence in support of their position.
Unless previously filed, the applicant shall file its list
of witnesses and copies of its exhibits not later than 30 days
after the application is deemed complete. The applicant shall
also serve each party and staff with its list of witnesses and
copies of each of its exhibits .
Each intervenor shall file with the Commission a list of
witnesses and copies of its exhibits at least 15 days before the
CG'rz5e n/ e yov/4-
Yr/ //( 2001-1975
first day of the hearing. Each intervenor shall also serve each
party and staff with a list of its witnesses and copies of each
of its exhibits .
Upon objection by a party, no witness will be permitted to
testify and no exhibit will be received in evidence, except in
rebuttal, unless filed and served as provided in this notice .
If a party does not meet the requirements of this notice,
the Commission may dismiss the application or intervention upon
motion filed by any other party, or upon the Commission' s own
motion, unless good cause is shown.
No motion for continuance of any hearing set in this
proceeding will be granted except as stated in Rule 69 of the
Commission' s Rules of Practice and Procedure .
Dated at Denver, Colorado, this 17th day of July 2001 .
THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO
BRUCE N. SMITH, Director
Colorado Public Utilities Commission
1580 Logan, OL2 ,
Denver, Colorado 80203
G:\NOTICE\
2
BEFORE THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO
Docket No.01 A-288R
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.
ENTRY OF APPEARANCE AND
NOTICE OF INTERVENTION
TO THE PARTIES IN THIS MATTER AND ALL INTERESTED PERSONS, FIRMS OR
CORPORATIONS:
You are notified that the Staff of the Commission hereby enters its appearance and intervention in the
above captioned application. By this intervention, the Staff of the Commission does not oppose or contest
the granting of this application, but rather indicates to the parties and all interested persons, firms or
corporations that Staff will participate in any hearing which results from an intervention contesting or
objecting to any portion of this application. If no other interventions are filed or if no other petitions seeking
interventions are granted, other than interventions in support, so that this application is noncontested or
unopposed, the Staff will then participate to the extent necessary to insure that the Commission file in this
proceeding is complete and accurate. However, Staff reserves the right to object, and will participate in any
matters herein as its interests may require.
For information concerning this application contact Jack Baier at (303)894-2855. Service upon Staff
as required by Rule 9(b)(2), of the Commission's Rules of Practice and Procedure, may be made by serving
documents on Jack Baier of the Commission Staff.
Dated at Denver, Colorado, this 17th day of July 2001.
FOR STAFF OF THE COMMIS ION
Bruce N.Smith, Directr
Public Utilities Commission
Logan Tower, Office Level 2
' 1580 Logan Street
Denver, Colorado 80203
(303) 894-2007
CERTIFICATE OF MAILING
I hereby certify that I mailed a true and correct copy of the foregoing ENTRY OF
APPEARANCE AND NOTICE OF INTERVENTION OF THE STAFF OF THE COMMISSION
in the US mail, postage prepaid, this 17th day of July, 2001 addressed as follows:
777.2„,u (1.4--o-
Della Menchaca
Town of Windsor Mr. Randolph R. Reyes, P.E.
Board of Trustees Manager, CDOT Railroad Program
301 Walnut Street 4201 East Arkansas, Empire Park
Windsor, CO 80550 Denver, CO 890222
Mr. John P. Frey Esq. Poudre Tech Metropolitan District
Town Attorney Attn: Martin Lind,President
301 Walnut Street 8200 Eastman Park Drive
Windsor, CO 80550 Windsor, CO 80550
Mr. Roderick L. Wensing Renny Fagan
Town Administrator Deputy Attorney General
301 Walnut Street Regulatory Law Section
Windsor, CO 80550 1525 Sherman Street 5th Floor
Denver, CO 80203
Ms Karla Harding
Regional Transportation Director
Region 4
1420 2n°Street
Greeley, CO 80631
County of Weld
Barbara Kirkmeyer
Commission Chair
915 10th Street
Greeley, CO 80632
County of Weld
Mr. Bruce Barker, Esq.
County Attorney
915 10u' Street
Greeley, CO 80632
Eastman Kodak Company
Kodak Colorado Division
9952 Eastman Park Drive
Windsor, CO 80550
Great Western Railway Company of Colorado, LLC
Attn: Mr. David Lafferty
PO Box 537
Loveland, CO 80539
THE PUBLIC UTILITIES COMMISSIOrRECEL'! "J
OF THE STATE OF COLORADO JUN 1 .b i 7IE!' I(
IN THE MATTER OF THE APPLICATION OF
PUBLIC l ILLS
THE TOWN OF WINDSOR, COLORADO,
STATE OFCOLOEA'cL
A COLORADO STATUTORY TOWN, FOR AN )
ORDER AUTHORIZING THE CONSTRUCTION )
OF A PEDESTRIAN-BICYCLE CROSSING ) APPLICATION
OVER THE GREAT WESTERN RAILWAY )
TRACK AT THE INTERSECTION OF ) O/A- &&35<
COLORADO STATE HIGHWAY 257 IN THE )
TOWN OF WINDSOR, COUNTY OF WELD, )
STATE OF COLORADO. )
The Town of Windsor, Colorado, hereby applies to the Public Utilities Commission for
an order authorizing the construction and maintenance of a pedestrian-bicycle crossing within the
Great Western Railway right-of-way. In support of its application, the Town of Windsor presents
the following information:
1. Applicant is a Colorado statutory town duly authorized to construct, maintain and
utilize public rights-of-way within the state of Colorado.
2. The address, telephone number, and facsimile number of applicant are:
Board of Trustees
Town of Windsor
301 Walnut Street
Windsor, CO 80550
(970) 686-7476
Fax: (970) 686-7180
3. The name and address of applicant's representative are:
Roderick L. Wensing
Town Administrator
Town of Windsor
301 Walnut Street
Windsor, CO 80550
Page 1 of 3
4. There currently exists no pedestrian or bicycle crossing at the identified location.
The requested crossing is necessary in order to provide for the health, safety and benefit of the
public.
5. The requested crossing is necessitated by the construction of the Poudre River
Trail, designed to connect Greeley, Colorado, to Fort Collins, Colorado, through the Town of
Windsor.
6. The nature and character of the proposed construction is as follows:
The project consists of the construction of an at-grade crossing for
the Poudre River Trail. Plans for the proposed project, which
include the location of the proposed project, are attached hereto and
incorporated herein as "Exhibit A."
7. Adjacent property owners, with mailing addresses and the location of their
respective properties, are as follows:
Colorado Department of Transportation
Right-of-Way Office
4201 East Arkansas Avenue
Denver, CO 80222
Right-of-way for Highway 257 located east of the proposed trail crossing
Eastman Kodak Company
Kodak Colorado Division
9952 Eastman Park Drive
Windsor, CO 80550
Owner of property adjacent to Highway 257 to the east
Poudre Tech Metropolitan District
8200 Eastman Park Drive
Windsor, CO 80550
ATTN Martin Lind. President
Owner of property west of the proposed trail crossing'
8. The Great Western Railway will install the grade crossing and perform all work
within its right-of-way.
9. The costs for construction and maintenance of the crossing will be borne entirely
by applicant/Town of Windsor.
Page 2 of 3
10. Maintenance of the crossing will be the responsibility of applicant/Town of
Windsor.
11. The installation of the crossing will be in accordance with the specifications of the
Public Utilities Commission and the Great Western Railway.
12. To the extent necessary, the Town of Windsor waives the time limits set forth in
Section 40-6-109.5(2) and (3), C.R.S., for this proceeding.
WHEREFORE, applicant requests that the Public Utilities Commission of the State of
Colorado issue an order authorizing the construction of a pedestrian-bicycle crossing at the
location more fully described in this application.n DATED at Windsor, Colorado, this / Z day of - �w , 2001.
APPLIC
i
TOW O DS COLORADO
By
Jo rey, own mey
STATE OF COLORADO )
) ss.
County of Weld
Wayne Miller, of lawful age, being first duly sworn upon oath, deposes and states that he
is the mayor of the Town of Windsor, Colorado, that he has read the above and foregoing
application, knows the content thereof, and acknowledges that the same is true to the best of his
knowledge, information and belief.
-/
s L'iL? ;'/'t/CL
Wayne Miller,/Mayor
Town of Windsor, Colorado
The foregoing instrument was subscribed and sworn to before me this i I day of
artr v , 2001, by Wayne Miller, Mayor, Town of Windsor, Colorado.
Witness my hand and official seal.
My commission expires: IAyCormisslon Expires June 27,2003
u Fort Collins,CO80521 -
r'
[SEAL]
,z�
Notary Public
Page 3 of 3
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