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Decision No. C96-265
12 I"^ I I fl 9: 49
BEFORE THE PUBLIC UTILITIES COMMISSION CLERri
OF THE STATE OF COLORADO TO THE EO TD
* * *
IN THE MATTER OF THE APPLICATION)
OF THE COUNTY OF WELD, STATE OF )
COLORADO, FOR THE AUTHORITY TO )
INSTALL SIGNALS, BELLS AND GATES) DOCKET NO. 94A-403R
AT THE CROSSING OF THE UNION
PACIFIC RAILROAD COMPANY AND WCR)
64 ( "O" STREET) , COUNTY OF WELD )
STATE OF COLORADO
COMMISSION ORDER GRANTING APPLICATION
Mailed: March 8, 1996
Adopted: March 6, 1996
I. BY THE COMMISSION:
A. Statement
1. On August 1, 1994, the County of Weld, State of
Colorado ( "Weld" ) , filed this application requesting authority to
install grade crossing warning devices consisting of flashing light
signals with gates, bells, and constant warning equipment at the
crossing of Weld County Road 64 ( "O" Street) across the mainline
and passing tracks of the Union Pacific Railroad Company ( "UP" ) , at
railroad milepost 53 . 73 , National Inventory I.D. Number 804-845R,
north of Greeley, in Weld County, Colorado.
2 . On August 3 , 1994, 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 parties,
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including the adjacent property owners, in accordance with § 40-6-
108 (2) , C.R.S . (1993) . This Notice was mailed August 3, 1994 .
4 . On June 28, 1994, the Commission received a copy of
the fully executed Agreement by and between the Colorado Department
of Transportation ( "CDOT") , Weld and UP, dated June 15, 1994 ,
pertaining to the construction, maintenance and funding for this
project.
5 . 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.
6 . 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 CCR 723-1,
because the application is noncontested and the Applicant did not
request a public hearing.
B. Findings of Fact
7. The purpose of this application is to secure
Commission approval to install flashing light signals with gates,
bells, and constant warning equipment at the crossing of Weld
County Road 64 ( "O" Street) across the mainline and passing tracks
of the UP at railroad milepost 53 . 73 , National Inventory
I .D. Number 804-845R, north of Greeley, in Weld County, Colorado.
8 . Weld County Road 64 ( "O" Street) is an asphalt paved
roadway that crosses the UP mainline and passing tracks at an angle
of approximately 70 degrees . The existing crossing is protected by
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standard train activated flashing light signals and bell with
advance warning signs .
9 . The average daily vehicular traffic count on Weld
County Road 64 ( "O" Street) at the existing crossing is
approximately 1800 vehicles per day. There are currently about 30
train movements per day over the crossing including two Amtrak
trains operating at a maximum timetable speed of 70 MPH.
10 . Weld proposes to install train-activated flashing
light signals with gates and warning bells at this crossing. Track
circuits will be constant warning devices that will provide 30
seconds of warning time for the approach of a train on either track
in either direction at 70 MPH.
11. Funding for the proposed grade crossing warning
devices is available under Section 130 of Title 23 U.S.C. , and,
therefore, funding under § 40-4-106 (2) (b) , C.R.S. (1993) , does not
apply. There is no railroad cost sharing for this project because
of the provisions of 49 C. F.R. 1 .48 .
12 . The work to be done and the expenses thereof 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 UP dated June 15, 1994 . The budgeted
cost of the signal project is $150, 000 . The estimated cost of the
railroad portion of the work is $88 , 547 .
13 . Maintenance of the roadway approaches to the
crossing will be the responsibility of Weld. Maintenance of the
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crossing surface, roadbed, tracks, grade crossing signals, gates,
and appurtenances will be the responsibility of UP.
14 . All exhibits, specifications, and plans are
complete, accurate, and meet Commission requirements .
15 . The public safety, convenience, and necessity
require, and will be served by, the granting of this application.
C. Conclusions On Findings Of Fact
16 . The Commission has jurisdiction in this matter under
§ 40-4-106 (2) (a) and (3) (a) , C.R.S . (1993) .
17 . No intervenor who filed a petition to intervene, or
other pleading, contested or opposed the application. This
application is noncontested and unopposed.
18 . 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 .
19 . The public safety, convenience, and necessity
require, and will be served, by the granting of this application.
II . ORDER:
A. The Commission Orders That:
1 . The County of Weld County, Colorado is authorized
and directed to install grade crossing warning devices consisting
of flashing light signals with gates, bells and constant warning
equipment at the crossing of Weld County Road 64 ( "O" Street) ,
across the mainline and passing tracks of the Union Pacific
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Railroad Company at railroad milepost 53 . 73 , National Inventory
I.D. Number 804-845R, north of Greeley, 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 June
15, 1994 by and between the Colorado Department of Transportation,
Weld County, Colorado and the Union Pacific Railroad Company.
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 June 15, 1994, by and
between the Colorado Department of Transportation, Weld County,
Colorado and the Union Pacific Railroad Company.
5 . The Union Pacific Railroad Company shall maintain
the warning devices at its own expense for the life of the crossing
so protected.
6. The Commission retains jurisdiction to enter further
required orders.
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B. This Order is effective on its Mailed Date.
C. ADOPTED IN OPEN MEETING March 6, 1996 .
doco1THE PUBLIC UTILITIES COMMISSION
F OF THE STATE OF COLORADO
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�l�c �a ROBERT J. HIX WEATteaATTEST: A TRUE COPY VINCENT MAJKOWSKI
Commissioners
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COMMISSIONER CHRISTINE E. M.
Bruce N. Smith ALVAREZ ABSENT.
Director
G:\RAIL\94A-403R.ORD
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