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TC Res. No. 2005-03 APPROVING AND AUTHORIZINGTOWN OF AVON, COLORADO RESOLUTION NO. 05-03 SERIES OF 2005 A RESOLUTION APPROVING AND AUTHORIZING APPLICATION SUBMITTAL TO THE COLORADO PUBLIC UTILITIES COMMISSION FOR AT GRADE CROSSINGS AS REQUIRED BY THE TOWN CENTER PUBLIC IMPROVEMENTS PROJECT IN THE TOWN OF AVON, COLORADO WHEREAS, the Union Pacific Railroad Company requires approval by the Public Utilities Commission of the State of Colorado for the installation of the two at grade vehicular and pedestrian crossings over railroad property, as more specifically described in the application prepared by Town staff, a copy of which is made a part of the record of this meeting; and WHEREAS, the installation of the two proposed crossings of railroad property is necessary and in the public interest of the community; and WHEREAS, the Council desires that the Public Utilities Commission of the State of Colorado find the implementation of requested improvements by the Town of Avon serves the public interest and long-term master planning objectives of the community, and that the PUC approve the application as submitted. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, that application by the Town of Avon to the Public Utilities Commission of the State of Colorado for the installation of two at grade vehicular and pedestrian crossings over railroad property, as more specifically described in the application prepared by Town staff, is hereby approved and authorized by the Town of Avon, Colorado. ADOPTED THIS DAY OF FEBRUARY, 2005. r=43 OF Qcc,, ' l Pattenny Town rk TOWN COUNCIL TOW OF ON, COLD DO - a Ronald C. Wolfe, Mayor ATTEST: Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Tambi Katieb, Community Development Directo Date: February 10, 2005 Re: Resolution 05-03 authorizing application to the Public Utilities Commission of the State of Colorado (PUC) for the two at grade crossings into the Confluence property Summary: Attached to this memo is Resolution 05-03, authorizing staff to submit application to the Public Utilities Commission of the State of Colorado (PUC) for the two at grade crossings into the Confluence property. Though you have already provided us direction to prepare and submit the application, our legal counsel has advised us that an official action is preferred to be included in the submittal. Staff has largely prepared a draft application, and we anticipate submittal to the PUC within the next week after our consultants review and advise us on the content and adequacy of our submittal. As a reminder, the Town entered into a Memorandum of Understanding (MOU) with East West for all costs associated with the preparation, submittal, and hearings necessary in acquiring the PUC approval for these crossings. It is planned that the property owner will also pay for the crossings once their approvals have been secured, since they represent a cost effective means of access to the site in lieu of the existing PUD requirements. Recommendation: Staff recommends that your move to approve Resolution 05-03, authorizing staff to submit application to the Public Utilities Commission of the State of Colorado for two at grade crossings over railroad property. Town_ Ma alter Co m nts: .gin a'~L ./.t', ~Gc J Attachments:% , A. Resolution 05-03