HomeMy WebLinkAbout960415.tiff Decision No. C96::-;209_
BEFORE THE PUBLIC UTILITIES COMMISSION r-
OF THE STATE OF COLORADO _acr No =co
* * * -1 :177
IN THE MATTER OF THE APPLICATION ) `4 <
OF THE TOWN OF PLATTEVILLE, )
COLORADO, FOR AN ORDER AUTHORIZING ) v
THE INSTALLATION OF RAIL-HIGHWAY ) DOCKET NO. 95A-221R
CROSSING PROTECTION DEVICES TO BE )
CONSTRUCTED ON THE RIGHT-OF-WAY OF )
THE UNION PACIFIC RAILROAD COMPANY )
AT MILE POST 35, DOT #804 341R, AT )
GRAND AVENUE, PLATTEVILLE, COLORADO. )
COMMISSION ORDER GRANTING APPLICATION
Mailed: February 26 , 1996
Adopted: February 21, 1996
I . BY THE COMMISSION:
A. Statement
1 . On May 18, 1995, the Town of Platteville, Colorado
( "Platteville" ) , filed this application for authority to
install automatic mast mounted flashing light signals with
gates, bells, and constant warning equipment at the crossing
of Grand Avenue (Weld County Road 32) over the right-of-way
and tracks of the Union Pacific Railroad Company ( "UPRR" ) at
railroad milepost 35 , National Inventory I .D. Number 804-341R,
in the Town of Platteville, Weld County, Colorado.
2 . On May 24, 1995 , 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, including the adjacent property owners, in accordance
A B U (°l'-: P24))09 960415
with § 40-6-108 (2) , C.R.S. (1993) . The Notice was mailed May
24, 1995 .
4 . On May 26, 1995, UPRR filed its Entry of Appearance
and Notice of Intervention.
5 . On February 12 , 1996, the Commission received a copy
of the fully executed Agreement by and between the Colorado
Department of Transportation ( "CDOT" ) , Platteville, and UPRR,
dated February 9 , 1996 .
6 . The Commission has reviewed the record in this
matter and finds 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 Rules 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
8 . The purpose of this application is to secure
Commission approval for the installation of flashing light
signals with gates, bells and constant warning equipment at
the crossing of Grand Avenue over the right-of-way and tracks
of the UPRR at railroad milepost 35, National Inventory
I .D. Number 804-341R, in the Town of Platteville, Weld County,
Colorado.
9 . Grand Avenue is a two lane, asphalt paved roadway
within the town limits of Platteville. Grand Avenue crosses
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the mainline and passing track of the UPRR at an angle of 90
degrees . Grand Avenue becomes Weld County Road 32 east of the
crossing and provides a primary access to major agricultural
facilities east of the crossing. This existing crossing is
protected by two mast mounted flashing light signals and bell
with DC track circuits . Just west of this crossing are two
industrial track crossings across Grand Avenue that serve a
major grain elevator. These crossings are adequately
protected by standard crossbuck warning signs .
10 . The average daily vehicular traffic count on Grand
Avenue at the existing crossing is estimated to be 550
vehicles per day with a posted speed limit of 25 m.p.h. There
are currently approximately 24 train movements per day
operating over the crossing at a maximum timetable train speed
of 70 MPH.
11 . Platteville 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 a train
approaching the crossing from either direction on either track
at any speed.
12 . 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. According to of the provisions of
49 C. F.R. 1 .48 , there is no ascertainable benefit to the
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railroad from these improvements and therefore no cost sharing
required for this project.
13 . The work to be done and the expenses thereof will be
paid for in accordance with the appropriate rules and
regulations of the Federal Government and are covered by an
agreement dated February 9 , 1996 between CDOT, Platteville,
and UPRR. The estimated cost of the signal project is
$134 , 500 . The estimated portion for the railroad work is
$119 , 702 .
14 . Maintenance of the roadway approaches to the
crossing will be the responsibility of Platteville.
Maintenance of the crossing surface, roadbed, tracks, grade
crossing signals, gates, and appurtenances will be the
responsibility of UPRR.
15 . All plans, specifications, and exhibits are
complete, accurate, and meet Commission requirements .
16 . The public safety, convenience, and necessity
require, and will be served by, the granting of
this application.
C. Conclusions
17 . The Commission has jurisdiction in this matter under
§ 40-4-106 (2) (a) and (3) (a) , C.R.S . (1993) .
18 . No intervenor who filed a petition to intervene, or
other pleading, contested or opposed the application. The
application is noncontested and unopposed.
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19 . 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 .
20 . 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 Town of Platteville, Colorado is authorized and
directed to install automatic warning devices consisting of
flashing light signals with gates, bells, and constant warning
equipment at the crossing of Grand Avenue over the right-of-way and
tracks of the Union Pacific Railroad Company at railroad milepost
35 , National Inventory I .D. Number 804-341R, in the Town of
Platteville, 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 at this crossing shall comply with the
agreement dated February 9 , 1996 between the Colorado Department of
Transportation, the Town of Platteville, Colorado and the Union
Pacific Railroad Company.
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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 February 9 , 1996
between the Colorado Department of Transportation, the Town of
Platteville, 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 . Upon completion of the installation of the grade crossing
warning devices ordered herein, the Union Pacific Railroad Company
shall notify the Commission in writing within ten days after the
initial operation of the warning devices .
7 . If the installation authorized in Ordering Paragraph
1 above has not been completed within nine months after the
effective date of this Order, the Union Pacific Railroad Company
shall file with the Commission:
a. A status report of the project; and
b. A progress report each month after the status
report is filed, until the installation is
completed.
8 . 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 February 21, 1996 .
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j o THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO
c�rfctal mc ROBERT J. HIX
ATTEST: A TRUE COPY
VINCENT MAJKOWSKI
mac_ X
Commissioners
Bruce N. Smith
Director COMMISSIONER CHRISTINE E. M.
ALVAREZ ABSENT.
G:\RAIL\95A-221R.ORD
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