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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 2 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 3 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. 4 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. 5 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. 6 B. This Order is effective on its Mailed Date. C. ADOPTED IN OPEN MEETING February 21, 1996 . of coL0 w. o 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. 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