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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 I-/7- �%/ 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 2 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 3 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. 4 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. . 5 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 G:\RAIL\APPS\98A123R\DECC01-0922.DOC:DCM 6 Hello