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08-10071r RESOLUTION NO.1 0071 RESOLUTION DIRECTING XCEL ENERGY TO UNDERGROUND OVERHEAD UTILITIES ALONG 66TH STREET BETWEEN 4TH AVENUE AND PARK AVENUE AND PORTLAND AVENUE BETWEEN 67TH STREET AND 64TH STREET WHEREAS, in 2008 roadway and boulevard improvements will be completed on 66th Street between 4th Avenue and Park Avenue as well as Portland Avenue between 67th Street and 64th Street to provide for improved traffic safety; and WHEREAS, the City seeks to improve safety and aesthetics along 66th Street and Portland Avenue by directing Xcel Energy to underground it's electric utility facilities along 66th Street and Portland Avenue; and WHEREAS, Xcel Energy is expected to recover the additional costs it will incur because of the undergrounding of facilities through a surcharge on customers within the City; and WHEREAS, the City is in receipt of an estimate for the requested undergrounding. WHEREAS, on February 6,2007 Xcel Energy was notified by letter that their facilities must be relocated. The relocation must be completed no later than May 15, 2008. NOW, THEREFORE, BE IT RESOLVED by the City Council that: 1. Xcel Energy is hereby requested and directed to relocate its overhead facilities underground along 66th Street between 4th Avenue and Park Avenue. 2. Xcel Energy is hereby requested and directed to relocate its overhead facilities underground along Portland Avenue between 6ih Street and 64th Street. 3. The City agrees that it will not oppose a surcharge on customers of Xcellocated within the City. The amount shall be Xcel's necessary, actual, and reasonably incurred costs of undergrounding less the costs Xcel would have incurred through relocation of its overhead lines along the project site because of the 66th Street and Portland Avenue Intersection Project. 4. The City does not waive its right to verify, by legal means available to it, that the amount of the surcharge is necessary, actual and reasonable cost incurred. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of March, 2008. ~,~ ATTEST: ~,~ Nancy Gib ,City Clerk