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15-11084r RESOLUTION NO. 11084 RESOLUTION DIRECTING XCEL ENERGY TO UNDERGROUND OVERHEAD UTILITIES ALONG PORTLAND AVENUE BETWEEN 67TH STREET AND 70TH STREET WHEREAS, in 2015 roadway and boulevard improvements will be completed on Portland Avenue between 67th Street and 77th Street to provide for improved traffic safety; and WHEREAS, the City seeks to improve safety and aesthetics along Portland Avenue by directing Xcel Energy to underground it's electric utility facilities along 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; and WHEREAS, on July 22, 2014 Xcel Energy was notified by e-mail that their facilities must be relocated. The relocation must be completed concurrently with the road reconstruction project. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. Xcel Energy is hereby requested and directed to relocate its overhead facilities underground along Portland Avenue between 67th Street and 70th Street. 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. 3. The City does not waive its right to verify, by legal means available to it, that the amount of the surcharge is Xcel's necessary, actual and reasonably incurred costs of undergrounding. Adopted by the City Council of the City of Richfield, Minnesota this 12th day of May, 2015. Debbie Goettel, Mayor ATTEST: C oA icen Elizabeth anHo•se, City Clerk