HomeMy WebLinkAbout992889.tiff Decision No. C99-1261
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
DOCKET NO. 98A-166R
IN THE MATTER OF THE APPLICATION OF THE COUNTY OF WELD, STATE OF
COLORADO, FOR THE AUTHORITY TO INSTALL SIGNALS, AND GATES AT THE
CROSSING OF THE UNION PACIFIC RAILROAD COMPANY AT WCR 37 AND STATE
HIGHWAY 85, COUNTY OF WELD, STATE OF COLORADO.
COMMISSION ORDER GRANTING APPLICATION
Mailed Date : November 22, 1999
Adopted Date : November 19, 1999
I. BY THE COMMISSION
A. Statement
1 . On March 9, 1998, the County of Weld, Colorado
( " Weld" ) , filed this application requesting authority to
install grade crossing warning devices consisting of flashing
light signals with gates, bell , and constant warning devices at
the crossing of WCR 37 at State Highway 85 across the tracks and
right-of-way of The Union Pacific Railroad Company ("UPRR" ) at
railroad Mile Post 60 . 19, National Inventory I .D. No. 804-857K
in County of Weld, Colorado.
2 . On April 27, 1998, 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
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with § 40-6-108 (2) , C.R. S . (1993) . This Notice was mailed
April 27, 1998 .
4 . On May 6, 1998 , UPRR filed its Entry of
Appearance and Notice of Intervention.
5 . On June 3 , 1999, the Commission received a copy
of the fully executed Agreement by and between CDOT, Weld, and
UPRR, dated May 21, 1999, pertaining to the construction,
maintenance, and funding for this project .
6 . 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 .
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 Rule of Practice and
Procedure, 4 Colorado Code of Regulations ( "CCR" ) 723-1, because
the application is noncontested and the Applicant did not
request a public hearing.
B. Findings of Fact
1 . The purpose of this application is to secure
Commission approval to install grade crossing warning devices
consisting of flashing light signals with gates, bell, and
constant warning devices at the crossing of WCR 37 at State
Highway 85 across the tracks and right-of-way of UPRR at
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railroad Mile Post 60 . 19, National Inventory I .D. No. 804-857K
in the County of Weld, Colorado.
2 . WCR 37 is a two lane north/south asphalt-paved
roadway that crosses the UPRR tracks from the east at an angle
of approximately 45 degrees and intersects in a "tee"
intersection with State Highway 85 just west of the crossing.
The existing crossing is protected by crossbuck warning signs,
advance warning signs and stop signs.
3 . The average daily vehicular traffic count on WCR
37 at the existing crossing is approximately 348 vehicles per
day. There are currently about 14 freight trains per day
operating over the crossing at a maximum timetable speed of 70
MPH.
4 . The proposed warning devices will consist of
train-activated flashing light signals with gates and bells .
The signal located in the southwest quadrant will have two
additional sets of flashing light signals directed to warn
motorists turning onto WCR 37 from State Highway 85 . Track
circuits will be constant warning devices that will provide 30
seconds of warning time for the approach of a train in either
direction at any authorized train speed.
5 . The work to be done and the expenses therefor
will be paid in accordance with the appropriate rules and
regulations of the Federal Government and are covered by an
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agreement by and between CDOT, Weld, and the UPRR dated May 21,
1999 . The total budgeted cost of the signal project is
$119, 000 . The estimated cost of the railroad portion of the
work is $111, 667 .
6 . Maintenance of the roadway approaches to the
crossing will be the responsibility of Weld. Maintenance of the
crossing surface, roadbed, tracks, grade crossing warning
devices, and appurtenances will be the responsibility of UPRR.
7 . All exhibits, specifications, and plans are
complete, accurate, and meet Commission requirements .
8 . The public safety, convenience, and necessity
require, and will be served by, the granting of this
application.
C. Conclusions On Findings Of Fact
1 . The Commission has jurisdiction in this matter
under § 40-4-106 (2) (a) and (3) (a) , C.R. S . (1993) .
2 . No intervention was received in opposition to
this application. The application is noncontested and
unopposed.
3 . 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 .
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4 . 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, Colorado is authorized and
directed to install grade crossing warning devices consisting of
flashing light signals with gates, bell , and constant warning
devices at the crossing of WCR 37 at State Highway 85 across the
tracks and right-of-way of The Union Pacific Railroad at
railroad Mile Post 60 . 19, National Inventory I .D. No . 804-857K
in County of Weld, 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 May 21, 1999, by and between the Colorado Department of
Transportation, the County of Weld, 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
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shall be paid in accordance with the agreement dated May 21,
1999, by and between the Colorado Department of Transportation,
the County of Weld, 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 of the initial operation of the warning devices .
7 . If the installation authorized in Ordering
Paragraph No. 1 above has not been completed within nine (9)
months of 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 .
9 . This Order is effective upon its Mailed Date .
B. ADOPTED IN COMMISSIONERS' WEEKLY MEETING
November 19, 1999 .
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( S E A L )
THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO
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VINCENT MAJKOWSKI
ATTEST: A TRUE COPY
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ROBERT J. HIX
Bruce N. Smith
Director Commissioners
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