HomeMy WebLinkAbout20012635.tiff Decision No . C01-0922
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE SICAt'E,` jOF-F9LO$ADO
DOCKET NO. 98A-123R 17'
IN THE MATTER OF THE APPLICATION OF THE COUNTY OF WELD, STATE OF
COLORADO, FOR THE AUTHORITY TO INSTALL SIGNALS AND GATES AT THE
CROSSING OF THE GREAT WESTERN RAILWAY COMPANY AT WCR 17, NORTH
OF WCR 50 , COUNTY OF WELD, STATE OF COLORADO .
COMMISSION ORDER GRANTING APPLICATION
Mailed Date : September 7 , 2001
Adopted Date : September 5 , 2001
BY THE COMMISSION
Statement
1 . On March 23 , 1998, the County of Weld, Colorado
( "Weld" ) , filed this application requesting authority to install
grade crossing warning devices consisting of automatic flashing
light signals with gates, bell , and motion detection track
circuits at the crossing of the Great Western Railway Of
Colorado, L. L.C. ("GtW") mainline track across Weld County Road
("WCR") 17 , north of WCR 50, at railroad milepost 19 . 31,
National Inventory I .D. No. 245-026F, located in Weld, Colorado .
2 . On April 2 , 1998, the Staff of the Commission
filed its Entry of Appearance and Notice of Intervention.
3 . The Commission gave notice of this application
together with a copy of the application to all interested
D/567/7f age/die, '71/0 2001-2635
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parties, including the adjacent property owners, in accordance
with § 40-6-108 (2) , C .R. S . This Notice was mailed April 2 ,
1998 .
4 . On April 7, 1998 , Colorado Department of
Transportation ("CDOT") filed its Entry of Appearance and Notice
of Intervention.
5 . On July 27 , 1999, the Commission received a copy
of the fully executed Agreement by and between CDOT, Weld, and
GtW, dated July 15 , 1999, pertaining to the construction,
maintenance, and funding for this project .
6 . The Commission has reviewed the record in this
matter and deems that the application is now complete within the
meaning of § 40-6-109 . 5, C .R. S .
7 . 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 Rule of Practice and
Procedure, 4 Colorado Code of Regulations ( "CCR" ) 723-1, because
the application is noncontested and the Applicant did not
request a public hearing .
Findings of Fact
1 . The purpose of this application is to secure
Commission approval to install grade crossing warning devices
consisting of automatic flashing light signals with gates, bell,
and motion detection track circuits at the crossing of the Great
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Western Railway Of Colorado, L.L.C. ("GtW") mainline track
across Weld County Road (' WCR") 17 , north of WCR 50, at railroad
milepost 19 . 31 , National Inventory I .D. No. 245-026F, located in
Weld, Colorado .
2 . The average daily vehicular traffic count at the
existing WCR 17 crossing is approximately 2217 vehicles per day.
There are currently approximately 3 daytime freight trains per
week operating over the crossing at a maximum timetable speed of
25 MPH.
3 . The proposed warning devices will consist of two
mast mounted flashing light signals with gates and a bell .
Track circuits will be motion detection devices that will
activate the signals upon the approach of a train from either
direction a minimum of 25 seconds before the train enters the
crossing .
4 . The work to be done and the expenses therefor
will be paid in accordance with the appropriate rules and
regulations of the Federal Government and are covered by an
Agreement by and between CDOT, Weld, and the GtW dated July 15,
1999 . The total cost of the project is $129, 300 . The railroad
portion of the project is $112 , 415 .
5 . Maintenance of the roadway approaches to the
crossing will be the responsibility of Weld. Maintenance of the
crossing surface, roadbed, tracks, grade crossing warning
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devices, and appurtenances will be the responsibility of the
GtW.
6 . All exhibits, specifications, and plans are
complete, accurate, and meet Commission requirements .
7 . 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 intervention was received in opposition to
this 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 . (1993) and Rule 24 , Commission Rules of Practice
and Procedure, 4 CCR 723-1 .
4 . The public safety, convenience, and necessity
require, and will be served by, the granting of this
application.
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ORDER
The Commission Orders That:
1 . The County of Weld, Colorado is authorized and
directed to install grade crossing warning devices consisting of
flashing light signals with gates, bell , and motion detection
track circuits at the crossing of the Great Western Railway Of
Colorado, L.L.C. mainline track across Weld County Road 17,
north of Weld County Road 50 , at railroad milepost 19 . 31 ,
National Inventory I .D. No. 849-357N, in Weld County, Colorado.
2 . Installation of the warning devices authorized in
Ordering Paragraph 1 above shall be in accordance with the
plans, specifications, and exhibits submitted in this
application and hereby approved.
3 . The installation, operation, and maintenance of
the crossing warning devices shall comply with the agreement
dated July 15 , 1999, by and between the Colorado Department of
Transportation, the County of Weld, Colorado and the Great
Western Railway Of Colorado, L.L. C. .
4 . The total actual cost of labor and material
required for installation of the grade crossing warning devices
shall be paid in accordance with the agreement dated July 15,
1999, by and between the Colorado Department of Transportation,
the County of Weld, Colorado and the Great Western Railway Of
Colorado, L.L. C. .
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5 . The Great Western Railway Of Colorado, L.L. C.
shall maintain the warning devices at its own expense for the
life of the crossing so protected.
6 . Upon completion of the installation of the grade
crossing warning devices ordered herein, the Great Western
Railway Of Colorado, L.L.C . shall notify the Commission in
writing within ten days of the initial operation of the warning
devices .
7 . The Commission retains jurisdiction to enter
further required orders .
8 . This Order is effective upon its Mailed Date .
ADOPTED IN COMMISSIONERS' WEEKLY MEETING
September 5, 2001 .
THE PUBLIC UTILITIES COMMISSION
( S E A L )
OF THE STATE OF COLORADO
P�t of COLO4tgO
RAYMOND L. GIFFORD
tie si
U77LITffiS C
POLLY PAGE
ATTEST: A TRUE COPY
JIM DYER
Commissioners
Bruce N. Smith
Director
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