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08-10072r RESOLUTION NO.1 0072 RESOLUTION DIRECTING XCEL ENERGY TO UNDERGROUND OVERHEAD UTILITIES ALONG 76TH STREET BETWEEN HUMBOLDT AVENUE SOUTH AND KNOX AVENUE WHEREAS, in 2008 roadway and boulevard improvements will be completed on 76th Street between Humboldt Avenue and Knox Avenue as part of the Minnesota Department of Transportation's 76th Street Bridge Replacement Project to provide for improved traffic safety; and WHEREAS, the City seeks to improve safety and aesthetics alon~ 76th Street by directing Xcel Energy to underground it's electric utility facilities along 76 h Street; and WHEREAS, Xcel Energy will not agree to place its facilities underground on this project unless it recovers through a surcharge on customers within the City the additional costs it will incur because of the undergrounding of facilities; and WHEREAS, the City is in receipt of a Estimated Cost Summary for the requested work dated January 21, 2008, outlining the estimated cost of the requested undergrounding. 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 76th Street between Humboldt Avenue South and Knox Avenue. 2. The City agrees that it will not oppose a surcharge on customers of Xcel located 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 76th Street Bridge Replacement Project. 3. 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. ~QM; Debbie Goettel, Mayor ATTEST: ~AAL~ ~ Nancy Gibb City Clerk