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HomeMy WebLinkAbout980459.tiff RESOLUTION RE: APPROVE TWO APPLICATIONS FOR INSTALLATION OF SIGNALS AND GATES TO PUBLIC UTILITIES COMMISSION AND AUTHORIZE CHAIR TO SIGN - STATE HIGHWAY 85 WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with two Applications for installation of signals and gates between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Public Works Department, and the Public Utilities Commission of the State of Colorado, with terms and conditions being as stated in said applications, and WHEREAS, after review, the Board deems it advisable to approve said applications, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the two Applications for installation of signals and gates between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Public Works Department, and the Public Utilities Commission of the State of Colorado be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said applications. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of March, A.D., 1998. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:' et 4e17 6��� ., �/ ►ICI i Constance L. Harbe Chair Weld C n �v .�..<, oa ft f !1Ud t •ut) O W. H. bster, Pro-Te BY: Deputy C oard l eorge . Baxter APP S TO FORM: Dale K. Hall o y orney EXCUSED DATE OF SIGNING (AYE) Barbara J. Kirkmeyer 980459 EG0037 Gc : P(); Pu y PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO IN THE MATER OF THE APPLICATION OF ) THE COUNTY OF WELD, STATE OF ) COLORADO, FOR THE AUTHORITY TO ) DOCKET INSTALL SIGNALS, AND GATES AT ) NO. THE CROSSING OF THE UNION PACIFIC ) RAILROAD COMPANY AT WCR 66 AND ) STATE HIGHWAY 85 ) COUNTY OF WELD ) STATE OF COLORADO ) The County of Weld, P.O. Box 758, Greeley, Colorado 80632, a political subdivision of the State of Colorado hereby applies to the Public Utilities Commission for authority to install signals, bells, gates, and constant warning devices at the crossing of the Union Pacific Railroad Company at Weld County Road (WCR) 66 and State Highway 85 located in the County of Weld, Colorado and in support of this application states as follows: 1. The Union Pacific Railroad Company presently has two sets of railroad tracks which cross WCR 66 at National Inventory Crossing ID No.804-846X at railroad mile post 54.76. There is currently a stop sign at this crossing which the applicant desires to be changed so that the said crossing is protected by flashing lights, gates and constant warning devices, as more fully described in CDOT Form No. 463 (Design Data) that the County has submitted to the State. The Project is identified as No. SRP CO30- 015,11831. 2. Presently an average daily total of 1,777 vehicles cross the railroad tracks at said crossing. Presently, there is a total of 25 through trains in a 24 hour period with a time table speed of 70 miles per hour maximum for freight trains, of the 25 trains there are 2 switching moves at 10 miles per hour at the WCR 66 crossing. 3. Said improvements are necessary and proper at this crossing for the service, accommodation, convenience and safety of the motoring public. The WCR 66 location is a moderately traveled collector street, due to adjacent land use and continuity, and is also used by emergency service vehicles, and school buses. 4. The Union Pacific Railroad Company is agreeable to the signal installation at this crossing and will furnish and install the automatic flashing light signals, gates and constant warning devices by force account. 5. The proposed signal installation will be constructed and installed in accordance with the Rail/Highway Grade Crossing Protection Specifications of the Association of American Railroads, the specifications of the Public Utilities Commission and the standards of the Manual of Uniform Traffic Control Devices, latest edition. Gi SC/ Public Utilities Commissioner Rail Crossing, WCR 66 Weld County, Colorado Page 2 6. Weld County will pay such costs as to satisfy the County's obligation set forth in Paragraph 9 below. 7. The names and addresses of property owners adjacent to the subject crossing in each direction are: J &M Partnership Monson Bros. Co. P.O. Box 1426 P.O. Box 1426 Greeley, Co 80632 Greeley, Co 80632 Monfort of Colorado Inc. W S W Inc. c o Conagra P.O. Box 1290 One Conagra Drive Greeley, Co 80632 Omaha, Ne 68102 Hoshiko Farms Inc. 28607 WCR.50 Kersy, Co 80644 8. This application is filed under the funding source of Section 130 of Tide 23 of the United States Code, the Surface Transportation and Uniform Assistance Act of 1987, and the regulations promulgated thereunder. Weld County has agreed to enter into a contract with the State of Colorado, for the use and benefit of the State Department of Transportation, and the Union Pacific Railroad Company. The contract is pending and when executed will be submitted to the Commission as a late filed exhibit. 9. The costs of the project will be borne by the Federal Highway Administration at the rate of one hundred percent (100%) and by the County of Weld at the rate of zero percent (0%), up to the allocated Federal Highway Administration's share, all without costs to the State of Colorado. The estimated cost of the project compiled by the Union Pacific Railroad Company is $124,054 which shall be paid as follows: a. Federal participation funds $ 124,054 (100%of$124,054) b. Weld County's non-participating funds 0% $ 3.000 including indirect cost TOTAL BUDGETED FUNDS $ 127,054 9c51 Public Utilities Commissioner Rail Crossing, WCR 66 Weld County, Colorado Page 3 10. A vicinity map showing the surrounding major roadways and WCR 66 located is attached to this application as Exhibit A. 11. The County waives the time limits set forth in 40-6-109.5, section (I) and (2) for this application. WHEREFORE; the Applicant requests the Public Utilities Commission of the State of Colorado make and enter its order authorizing the installation, operation and maintenance of the flashing lights, bells and automatic gates and constant warning devices at this crossing. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 73rd day of March 1998. ATTEST: ,� , , / COUNTY OF WELD, COLORADO by and through the Board of County Commissioners of Weld County, State of Colorado 1861 fra (0) c By: (/ / � /J By: . i,�l.'(t•ts v„ I, 70- .firr.d4J Deputy r� Constance L. Harbert, Chair (03/23/98) m:wpdiles\dons\wcr66-rr - Y i i 1 \) HWY 14 11 ULT \...........4 �. e ,. w� c#.. .Aw i j I a 1 i 1 1 _ 7 I 1 1 1 .R i '! NORTH •} e $ EATON! !_� ��� , ' ,SFI'F,Rpli•r,F• •. , : e WCR 74 < < 1e 7_ �"�CR 74 t : 1,�2 city i t ...ww ..r I ■ ON ..w.la ■ • T I. 1 iii. cn •y • Hr t .... .0el *Ow • I 1_ 1 LUCERN HWY 892 1 P . 11 e WCR 66 • WCR 66 PROJECT LOCATION ... ....... -,-...r I........ I , 1 '-- e l `* T t — 1 1 �, -- a 1 .. ... j 1l �. t` WCR • W64 __ ; tc"rcf • POGDRE R/YER j _, } 4 �� w _ Y \ i r .7eee� t 7 vry 263: R — 1 = , e t e N +t IS U.S. r; L, e i I I , z'' i 1 i w . s M I -------i E p,'' . ; 1 r� 1 j e J --` 1 , } t "`e 6-99.0d. t a 378 .ir0 ALIE E q q I / I LATHAM RES. w.. ! (gY = RIVER a `f�,�-- I 1 -----1 __ ,�—_.%�...�� � 'so I*. ' 4 eb a a 0 C s I - ---'' lb,.a IL., 4EN ++ 11 1 e 1 1 .4 I • I 1; T I , , I I a a r 4/7 "Iiitiel‘CC „ _ j1 MEMORANDUM l7 CTO: Clerk to the Board DATE: Mardi 20, 1998 COLORADO FROM: Don Somer, Utility & Right-of-Way Agent Ve-' SUBJECT: Public Utility Commission Agreement Please place the following items on the Board's next agenda: 1. Application for Weld County's authority to install signals and gates at the crossing of the Union Pacific Railroad Company at WCR 37 and St. Hwy 85 2. Application for Weld County's authority to install signals and gates at the crossing of the Union Pacific Railroad Company at WCR 66 and St. Hwy 85. Please send both original agreements back to be submitted to the Public Utility Commission. The appropriate documentation is attached. board.mem PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO IN THE MATER OF THE APPLICATION OF ) THE COUNTY OF WELD, STATE OF ) COLORADO, FOR THE AUTHORITY TO ) DOCKET INSTALL SIGNALS, AND GATES AT ) NO. THE CROSSING OF THE UNION PACIFIC ) RAILROAD COMPANY AT WCR 37 AND ) STATE HIGHWAY 85 ) COUNTY OF WELD ) STATE OF COLORADO ) The County of Weld, P.O. Box 758, Greeley, Colorado 80632, a political subdivision of the State of Colorado hereby applies to the Public Utilities Commission for authority to install signals, bells, gates, and constant warning devices at the crossing of the Union Pacific Railroad Company at Weld County Road (WCR) 37 and State Highway 85 located in the County of Weld, Colorado and in support of this application states as follows: 1. The Union Pacific Railroad Company presently has one set of railroad tracks which cross WCR 37 at National Inventory Crossing ID No.804-857K at railroad mile post 60.19. There is currently a stop sign at this crossing which the applicant desires to be changed so that the said crossing is protected by flashing lights, gates and constant warning devices, as more fully described in CDOT Form No. 463 (Design Data) that the County has submitted to the State. The Project is identified as No. SRP CO30- 016,11832. 2. Presently an average daily total of 348 vehicles cross the railroad tracks at said crossing. Presently, there is a total of 25 through trains in a 24 hour period with a time table speed of 60 miles per hour maximum for freight trains at the WCR 37 crossing. 3. Said improvements are necessary and proper at this crossing for the service, accommodation, convenience and safety of the motoring public. The WCR 37 location is a moderately traveled collector street, due to adjacent land use and continuity, and is also used by emergency service vehicles, and school buses. 4. The Union Pacific Railroad Company is agreeable to the signal installation at this crossing and will furnish and install the automatic flashing light signals, gates and constant warning devices by force account. 5. The proposed signal installation will be constructed and installed in accordance with the Rail/Highway Grade Crossing Protection Specifications of the Association of American Railroads, the specifications of the Public Utilities Commission and the standards of the Manual of Uniform Traffic Control Devices, latest edition. � /� 9 Public Utilities Commissioner Rail Crossing, WCR 37 Weld County, Colorado Page 2 6. Weld County will pay such costs as to satisfy the County's obligation set forth in Paragraph 9 below. 7. The names and addresses of property owners adjacent to the subject crossing in each direction are: C H Carter Bolet Co 37353 Hwy 85 P.O. Box 747 Eaton, Co 80615 Eaton, Co 80615 Charles R. Jr. &Charlene Jae Winter John W. &Barbara A. Kuhn 38117 WCR 37 37350 WCR 37 Eaton, Co 80615 Eaton, Co 80615 8. This application is filed under the funding source of Section 130 of Title 23 of the United States Code, the Surface Transportation and Uniform Assistance Act of 1987, and the regulations promulgated thereunder. Weld County has agreed to enter into a contract with the State of Colorado, for the use and benefit of the State Department of Transportation, and the Union Pacific Railroad Company. The contract is pending and when executed will be submitted to the Commission as a late filed exhibit. 9. The costs of the project will be borne by the Federal Highway Administration at the rate of one hundred percent (100%) and by the County of Weld at the rate of zero percent (0%), up to the allocated Federal Highway Administration's share, all without costs to the State of Colorado. The estimated cost of the project compiled by the Union Pacific Railroad Company is $127.007 which shall be paid as follows: a. Federal participation funds $ 127,007 (100% of$127,007) b. Weld County's non-participating funds 0% $ 3,000 including indirect cost TOTAL BUDGETED FUNDS $ 130,007 Public Utilities Commissioner Rail Crossing, WCR 37 Weld County, Colorado Page 3 10. A vicinity map showing the surrounding major roadways and WCR 66 located is attached to this application as Exhibit A. 11. The County waives the time limits set forth in 40-6-109.5, section (1) and (2) for this application. WHEREFORE; the Applicant requests the Public Utilities Commission of the State of Colorado make and enter its order authorizing the installation, operation and maintenance of the flashing lights, bells and automatic gates and constant warning devices at this crossing. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 23rd day of March 1998. ATTEST: ' i COUNTY OF WELD, COLORADO by and I � v wv�-� through the Board of County Commissioners Lori t of Weld County, State of Colorado � i By: _fY/73 r o ii By: �/QE. ��o. _ qCr ..: Deputy N L o£ d Constance L. Harbert, hair(03/23/98) rn:wpdil es\dons\wcr3 7-rr • 9 Wsrci 4 t ; M t M 1 fVV ..� 1 �Vrc-, AULT 3 l . ! I IIII 0 1 - i i } ! : 2 i PROJECT I OCATION • 4 a .17 •.. 41 I ,„, t 1 1 JEW a 1 1 I f t DSOR IIIIMII • r w'I J • 'S. I EATON )1 RY-R84 Nr I i 1 • ‘ i 1 4 ` t l f 1 I 1/2 city 1 II 1 i I r li. • � M--- } NORTH / i rift': r F � pw L iarw.. /1r`-Pi- a UCERNE NA}'39:'''. 92 }qyr j I rt i 44, 1'0TE Rip-i 4r 1 It �' _,(:_i __`---- ill 1 1 w + -. Ewa �e _ • ei Liii r1 r ..,7 - . , f1 2f 1 ,, i Q t__ i l 1 yf / .aa �/..VI I 7 f M S d f i , Y: r---1 i J, r.r. - 40,'•#~ I i i t i 1II .•r -r-i. i soy.<�I 37� • -1�� ALLE -X• .� i i -- — —-.— _ r1 — --3g — --- ' a.�a.�. 3 — — 5 , '� fr LATHAM RES.!. oa.- }1 i r 4.b ' - . a4 / 7 i �b 0 a a a CI .aawi �.IL EN j �-'...'�"- �� • •y 4•aw lil f 1 i i j . .1r a•.74.•r ma mmm—m••lo--mod -l!'' - aw g.,awa r. II ql• I I woe I . I 1 r' $ 1 p . I i 1 _ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO Al %n " o. 37 * * * G IN THE MATTER OF THE APPLICATION ) OF THE COUNTY OF WELD, STATE OF ) COLORADO, FOR THE AUTHORITY TO ) DOCKET NO. 98A-166R INSTALL SIGNALS, AND GATES AT THE) CROSSING OF THE UNION PACIFIC ) NOTICE OF APPLICATION FILED RAILROAD COMPANY AT WCR 37 AND ) STATE HIGHWAY 85, COUNTY OF WELD, ) STATE OF COLORADO 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 10 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 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 . 980461 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 27th day of April, 1998 . FOR THE STAFF OF THE COMMISSION OF CO(O Bruce N. Smith, Director �Ck' PUBLIC UTILITIES COMMISSION CiriurreScr y Logan Tower, Office Level 2 y 1580 Logan Street 4rlr'�' Denver, Colorado 80203 �° R; y (303) 894-2000, Ext. 311 JB/mb:98A-166R BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO * * * IN THE MATTER OF THE APPLICATION ) OF THE COUNTY OF WELD, STATE OF ) DOCKET NO. 98A-166R COLORADO, FOR THE AUTHORITY TO ) INSTALL SIGNALS, AND GATES AT THE) ENTRY OF APPEARANCE CROSSING OF THE UNION PACIFIC ) AND RAILROAD COMPANY AT WCR 37 AND ) NOTICE OF INTERVENTION STATE HIGHWAY 85 , COUNTY OF WELD, ) STATE OF COLORADO 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) 894-2000, Ext. 350 . 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 27th day of April, 1998 . FOR THE STAFF OF THE COMMISSION VA/US uce N. Smith, Director ublic Utilities Commission Logan Tower, Office Level 2 1580 Logan Street Denver, Colorado 80203 (303) 894-2000, Ext . 311 JB/mb:98A-166R 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 U.S . mail, postage prepaid, this 27th day of April, 1998 addressed as follows : Maur n Barnes Administrative Assistant Linda Siderius Cliff Shoemaker, Director of Deputy Attorney General Industrial and Public Projects Regulatory Law Section Union Pacific Railroad Company 1525 Sherman, 5th Floor 1416 Dodge Street Denver, Colorado 80203 Omaha, NE 68179 Dana Johnson John E. Biebel, Superintendent Railroad Liaison Engineer of Transportation Services Colorado Department Union Pacific Railroad Company of Transportation 201 East 17 Street 4201 East Arkansas, Rm. 289 Cheyenne, WY 82001 Denver, Colorado 80222 C.H. Carter Constance L. Harbert 37353 Highway 85 Commission Chair Eaton, CO 80615 Weld County 915 10th Street Charles R. Jr. & P.O. Box 758 Charlene Jae Winter Greeley, CO 80632 38117 WCR 37 Eaton, CO 80615 Bruce Barker Attorney Bolet Co. Weld County P.O. Box 747 915 10th Street Eaton, CO 80615 P.O. Box 758 Greeley, CO 80632 John W. & Barbara A. Kuhn James P. Gatlin, Esq. 37350 WCR 37 Union Pacific Railroad Company Eaton, CO 80615 Law Department 1416 Dodge Street, Room 830 Omaha, Nebraska 68179 Sue K. Grabler Manager Public Projects Union Pacific Railroad Company 1400 W. 52nd Avenue Denver, CO 80221 IB:mb/98A-16.51t `, ,_!_D oD', t:T1 BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO r: 37 * * * IN THE MATTER OF THE APPLICATION ) OF THE COUNTY OF WELD, STATE OF ) COLORADO, FOR THE AUTHORITY TO ) DOCKET NO. 98A-167R INSTALL SIGNALS, AND GATES AT THE) CROSSING OF THE UNION PACIFIC ) NOTICE OF APPLICATION FILED RAILROAD COMPANY AT WCR 66 AND ) STATE HIGHWAY 85 , COUNTY OF WELD, ) STATE OF COLORADO 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 10 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 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 . 9,10V5 9 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 27th day of April, 1998 . �pE Cow FOR THE STAFF OF THE COMMISSION �P C o Bruce N. Smith, Director ____ 4. .� PUBLIC UTILITIES COMMISSION y7 z Logan Tower, Office Level 2 �' �( y1580 Logan Street 'G� �. �� Denver, Colorado 80203 ff�, (303) 894-2000, Ext. 311 JB/mb:98A-167R BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO * * * IN THE MATTER OF THE APPLICATION ) OF THE COUNTY OF WELD, STATE OF ) DOCKET NO. 98A-167R COLORADO, FOR THE AUTHORITY TO ) INSTALL SIGNALS, AND GATES AT THE) ENTRY OF APPEARANCE CROSSING OF THE UNION PACIFIC ) AND RAILROAD COMPANY AT WCR 66 AND ) NOTICE OF INTERVENTION STATE HIGHWAY 85, COUNTY OF WELD, ) STATE OF COLORADO ) 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) 894-2000, Ext. 350. 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 27th day of April, 1998 . FOR THE STAFF OF THE COMMISSION y rews Bruce. Smith, Direct Public Utilities Commission Logan Tower, Office Level 2 1580 Logan Street Denver, Colorado 80203 (303) 894-2000, Ext. 311 JB/mb:98A-167R 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 U.S. mail, postage prepaid, this 27th day of April, 1998 addressed as follows : Maur n Barnes Admi istrative Assistant Linda Siderius Cliff Shoemaker, Director of Deputy Attorney General Industrial and Public Projects Regulatory Law Section Union Pacific Railroad Company 1525 Sherman, 5th Floor 1416 Dodge Street Denver, Colorado 80203 Omaha, NE 68179 Dana Johnson John E. Biebel, Superintendent Railroad Liaison Engineer of Transportation Services Colorado Department Union Pacific Railroad Company of Transportation 201 East 17 Street 4201 East Arkansas, Rm. 289 Cheyenne, WY 82001 Denver, Colorado 80222 J & M Partnership Constance L. Harbert P.O. Box 1426 Commission Chair Greeley, CO 80632 Weld County 915 10th Street Monfort of Colorado, Inc. P.O. Box 758 c/o Conagra Greeley, CO 80632 One Conagra Drive Omaha, NE 68102 Bruce Barker Attorney Hoshiko Farms, Inc. Weld County 28607 WCR 50 915 10th Street Kersy, CO 80644 P.O. Box 758 Greeley, CO 80632 Monson Brothers Co. P.O. Box 1426 James P. Gatlin, Esq. Greeley, CO 80632 Union Pacific Railroad Company Law Department W S W, Inc. 1416 Dodge Street, Room 830 P.O. Box 1290 Omaha, Nebraska 68179 Greeley, CO 80632 Sue K. Grabler Manager Public Projects Union Pacific Railroad Company 1400 W. 52nd Avenue Denver, CO 80221 1B-mb/98A-1678 a�y5 BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO }' -- ', °: : 6 x x r IN THE MATTER OF THE APPLICATION ) OF THE COUNTY OF WELD, STATE OF ) COLORADO, FOR THE AUTHORITY TO ) DOCKET NO. 98A-167R INSTALL SIGNALS, AND GATES AT THE ) CROSSING OF THE UNION PACIFIC ) ENTRY OF APPEARANCE RAILROAD COMPANY AT WCR 66 AND ) AND STATE HIGHWAY 85, COUNTY OF WELD ) NOTICE OF INTERVENTION STATE OF COLORADO. ) TO THE PARTIES IN THIS MATTER AND ALL INTERESTED PERSONS, FIRMS OR CORPORATIONS : You are notified that the Union Pacific Railroad Company ( "UPRR") , a Delaware corporation, by and through its attorney, James P. Gatlin, hereby enters it appearance and intervention in the above captioned Application and that UPRR will fully participate in this matter and in any hearing. By this intervention UPRR is not taking a position as to whether it objects or does not object to the Application filed by The Regional Transportation District. UPRR reserves the right to object, and UPRR will intervene and participate in any matters herein as its interests may appear. DATED at Omaha, Nebraska, this 4th • - o May, 1 8 . JAMS • . GAT N, #1793 At �rney or Union Pacific R; lroad Co pany 1416 Dodge Street, Room 830 Omaha, NE 68179 (402) 271-2158 G:V.AWADMVPG'PUOSBA-16'/A\BEMGN]NT CERTIFICATE OF MAILING I hereby certify that the foregoing Entry of Appearance and Notice of Intervention was deposited in the U.S. Mail, postage prepaid, this 5th day of May, 1998 addressed to: Jack Baier John E. Biebel, Superintendent Public Utilities Commission of Transportation Services Logan Tower, Office Level 2 Union Pacific Railroad Company 1580 Logan Street 201 East 17th Street Denver, CO 80203 Cheyenne, WY 82001 Linda Siderius Cliff Shoemaker, Director of Deputy Attorney General Industrial and Public projects Regulatory Law Section Union Pacific Railroad Company 1525 Sherman, 5th Floor 1416 Dodge Street, Room 1010 Denver, CO 80203 Omaha, NE 68179 Dana Johnson J & M Partnership Railroad Liaison Engineer P.O. Box 1426 Colo. Dept. of Transportation Greeley, CO 80632 4201 East Arkansas, Rm. 289 Denver, CO 80222 Monfort of Colorado, Inc. c/o Conagra Constance L. Harbert One Conagra Drive Commission Chair Omaha, NE 68102 Weld County 915 10th Street Hoshiko Farms, Inc. P.O. Box 758 28607 WCR 50 Greeley, CO 80632 Kersy, CO 80644 Bruce Barker Monson Brothers Co. Attorney P.O. Box 1426 Weld County Greeley, CO 80632 915 10th Street P.O. Box 758 W S W, Inc. Greeley, CO 80632 P.O. Box 1290 Greeley, CO 80632 Sue K. Grabler Manager Public Projects Southern Pacific Lines 1400 W. 52nd Avenue Denver, CO 80221 ktiakij Martha S. Williams G:V.AWADWPGWI1O98A-167R\BENIGNINT 2 CCY1 :Ti BEFORE THE PUBLIC UTILITIES COMMISSION , OF THE STATE OF COLORADO * * * IN THE MATTER OF THE APPLICATION ) OF THE COUNTY OF WELD, STATE OF ) COLORADO, FOR THE AUTHORITY TO ) DOCKET NO. 98A-166R INSTALL SIGNALS, AND GATES AT THE ) CROSSING OF THE UNION PACIFIC ) ENTRY OF APPEARANCE RAILROAD COMPANY AT WCR 37 AND ) AND STATE HIGHWAY 85, COUNTY OF WELD ) NOTICE OF INTERVENTION STATE OF COLORADO. ) TO THE PARTIES IN THIS MATTER AND ALL INTERESTED PERSONS, FIRMS OR CORPORATIONS: You are notified that the Union Pacific Railroad Company ( "UPRR") , a Delaware corporation, by and through its attorney, James P. Gatlin, hereby enters it appearance and intervention in the above captioned Application and that UPRR will fully participate in this matter and in any hearing. By this intervention UPRR is not taking a position as to whether it objects or does not object to the Application filed by The Regional Transportation District. UPRR reserves the right to object, and UPRR will intervene and participate in any matters herein as its interests may appear. DATED at Omaha, Nebraska, this 4 day .f May /1998 . S P. A LIN, #1793 A Forney for Union Pacific lilroad Company 416 Dodge Street, Room 830 Omaha, NE 68179 (402) 271 -2158 G:U,AWADMVPG\PUCV8A-166RNHLNIGNAT CERTIFICATE OF MAILING I hereby certify that the foregoing Entry of Appearance and Notice of Intervention was deposited in the U. S. Mail, postage prepaid, this 5th day of May, 1998 addressed to: Jack Baier John E. Biebel, Superintendent Public Utilities Commission of Transportation Services Logan Tower, Office Level 2 Union Pacific Railroad Company 1580 Logan Street 201 East 17th Street Denver, CO 80203 Cheyenne, WY 82001 Linda Siderius Cliff Shoemaker, Director of Deputy Attorney General Industrial and Public projects Regulatory Law Section Union Pacific Railroad Company 1525 Sherman, 5th Floor 1416 Dodge Street, Room 1010 Denver, CO 80203 Omaha, NE 68179 Dana Johnson C. H. Carter Railroad Liaison Engineer 37353 Highway 85 Colo. Dept. of Transportation Eaton, CO 80615 4201 East Arkansas, Rm. 289 Denver, CO 80222 Charles R. Jr. & Charlene Jae Winter Constance L. Harbert 38117 WCR 37 Commission Chair Eaton, CO 80615 Weld County 915 10th Street Bolet Co. P.O. Box 758 P.O. Box 747 Greeley, CO 80632 Eaton, CO 80615 Bruce Barker John W. & Attorney Barbara A. Kuhn Weld County 37350 WCR 37 915 10th Street Eaton, CO 80615 P.O. Box 758 Greeley, CO 80632 Sue K. Grabler Manager Public Projects Southern Pacific Lines 1400 W. 52nd Avenue Denver, CO 80221 Martha S. Williams G:V.AWADMVPGWUO9BA.166R\BENIGNINT 2 Hello