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Decision No. R99-805
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO -
DOCKET NO. 98A-482R
IN THE MATTER OF THE APPLICATION OF THE CITY OF GREELEY,
COLORADO FOR AUTHORITY TO CONSTRUCT A SIDEWALK AND PEDESTRIAN
CROSSING ACROSS THE RAILROAD TRACKS ON BOTH SIDES OF 13TH STREET
IN GREELEY.
RECOMMENDED DECISION OF
ADMhNISTRATIVE LAW JUDGE
WILLIAM J. FRITZEL
GRANTING APPLICATION
Mailed Date : July 27, 1999
Appearances :
Mary Daviet, Assistant City Attorney for the
City of Greeley, Greeley, Colorado;
James P. Gatlin, Esq. , Omaha, Nebraska, for
the Union Pacific Railroad Company; and
Jack Baier, of the Staff of the Colorado
Public Utilities Commission.
I. STATEMENT
A. On October 23 , 1998 , the City of Greeley ( "City" )
filed an Application for Authority to Construct a Sidewalk and
Pedestrian Crossing across the Union Pacific railroad tracks at
the 13th Street crossing in Greeley, Colorado.
B. On October 29 , 1999, the Commission issued notice of
the application.
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C. Staff of the Colorado Public Utilities Commission
( "Staff" ) and the Union Pacific Railroad Company ( "UP" ) inter--
vened in this matter.
D. The Commission scheduled this matter for hearing in
Greeley, Colorado for June 4 , 1999 at which time the matter was
heard. Testimony was received from witnesses and Exhibit Nos . 1
through 9 were marked for identification and admitted into evi-
dence. At the conclusion of the case the matter was taken under
advisement .
E. Pursuant to § 40-6-109, C.R. S . , the record and exhib-
its of the proceeding together with a written recommended deci-
sion are transmitted to the Commission.
II . FINDINGS OF FACT AND CONCLUSIONS THEREON
A. Applicant , the City of Greeley is a municipal cor-
poration. The UP is a railroad company operating in the State
of Colorado.
B. The Commission has jurisdiction over this matter.
C. The City requests authority from this Commission to
construct a sidewalk and pedestrian crossing across three tracks
of the UP on both sides of 13th Street in Greeley.
D. Thirteenth Street is a four-lane arterial running east
and west crossing three railroad tracks of the UP. The average
daily traffic count at this location on 13th Street is
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7, 000 vehicles . Jefferson Elementary School is located adjacent
and west of the 13th Street crossing. The 13th Street crossing
is currently protected with cantilever lights, gates, and bells .
The crossing surface in the roadway over the railroad tracks is
composed of rubberized panels . The rubber panels do not extend
beyond the street surface . There are no pedestrian crossings
across the three tracks . Pedestrians, including elementary
school children, must step across the three tracks or enter the
roadway to cross over the rubberized panel in the travel lanes .
The City proposes to install sidewalks on both sides of
13th Street including concrete panels over the railroad tracks .
(See Exhibit No 2 . )
E. Jefferson Elementary School is located approximately
one half block west of the 13th Street railroad crossing.
(Exhibit No. 1) Approximately four times a day, students of
Jefferson Elementary cross the tracks unsupervised. The chil-
dren have been observed to cross the railroad tracks by stepping
into the traffic lanes to cross over the rubberized panels or by
stepping over the tracks . Some of the children are as young as
five years old. Many of Jefferson Elementary School ' s students
live on the west side of the railroad tracks . These students
need to cross the railroad tracks to attend school at Jefferson
which is located on the east side of the tracks . In addition to
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school children, adults also walk across the tracks or enter the
roadway. -
F. There are currently 12 to 15 UP freight trains that
cross 13th Street . The timetable speed of the trains is
20 miles per hour. The proposed pedestrian crossing project
does not require modification of the existing warning signals at
the crossing .
G. The City proposes that it will pay for the crossing
panels, sidewalk leading to the railroad crossing, and traffic
control . The City proposes that the UP install the pedestrian
crossing panels across the railroad tracks . The City also pro-
poses that UP maintain the pedestrian crossing panels for the
life of the crossing.
H. Exhibit No. 8 is an estimate of the cost for the
proposed installation of pedestrian crossing on both sides of
13th Street . The total cost of the project is estimated to be
$55, 200 . (Exhibit No . 6) The City proposes that the UP pay for
50 . 1 percent or $27, 663 of the total cost and that the City pay
for 49 . 9 percent or $27 . 537 . (See Exhibit No. 6 . )
I . The evidence of record establishes that the public
safety requires that the application of the City for the pedes-
trian crossing at 13th Street be approved. Section 40-4-106 ,
C .R. S . , grants the power to this Commission to determine the
point of crossing at which railroad tracks intersect with the
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• public streets and highways and to determine the protection
devices at the crossing as may reasonably be necessary to pro-
tect against accidents and to provide for the public safety.
The evidence of record clearly establishes that the proposed
pedestrian crossings will enhance the safety of the public .
Section 40-4-106 (2) (b) , C.R. S . , provides that the Commission
allocate the cost of improvements to the crossing. It is found
that a fair and equitable allocation of the total cost of the
project, estimated to be $55, 200 , should be 20 percent to the UP
and 80 percent to the City.
J. Pursuant to § 40-6-109, C.R. S . , it is recommended that
the Commission enter the following order.
III . ORDER
A. The Commission Orders That :
1 . The application of the City of Greeley for
authority to construct a sidewalk and pedestrian crossing across
the railroad tracks on both sides of 13th Street in Greeley is
approved.
2 . The Union Pacific Railroad Company is authorized
to install and maintain the pedestrian crossing panels across
the railroad tracks at the 13th Street crossing in the City of
Greeley, Colorado .
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3 . The total cost of labor and materials estimated
to be $55, 200 shall be allocated as follows : 80 percent to the
City of Greeley; and 20 percent to the Union Pacific Railroad
Company.
4 . Upon completion of the project, the City of
Greeley shall notify the Commission in writing within ten days
of the completion of the project .
5 . This Recommended Decision shall be effective on
the day it becomes the Decision of the Commission, if that is
the case, and is entered as of the date above .
6 . As provided by § 40-6-109, C.R. S . , copies of this
Recommended Decision shall be served upon the parties, who may
file exceptions to it .
a. If no exceptions are filed within 20 days
after service or within any extended period of time authorized,
or unless the decision is stayed by the Commission upon its own
motion, the recommended decision shall become the decision of
the Commission and subject to the provisions of § 40-6-114 ,
C .R. S .
b. If a party seeks to amend, modify, annul , or
reverse basic findings of fact in its exceptions, that party
must request and pay for a transcript to be filed, or the
parties may stipulate to portions of the transcript according to
the procedure stated in § 40-6-113 , C.R. S . If no transcript or
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• Stipulation is filed, the Commission is bound by the facts set
out by the administrative law judge and the parties cannot
challenge these facts . This will limit what the Commission can
review if exceptions are filed.
7 . If exceptions to this Decision are filed, they
shall not exceed 30 pages in length, unless the Commission for
good cause shown permits this limit to be exceeded.
( S E A L )
THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO
0_,Ecozo„
sr . -
O WILLIAM J. FRITZEL
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Golfo Administrative Law Judge
ATTEST: A TRUE COPY
Bruce N. Smith
Director
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