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<br />,-~ <br />! ! <br /> <br />,~.,',.,. ,~- <br /> <br />RESOLlYTION NO. _00:>-076 <br /> <br />RESOLUTION DIRECTING XCEL ENERGY TO UNDERGROUND OVERHEAD <br />UTILITIES ALONG SILVER LAKE ROAD FROM 15TH S1REET NW TO <br />RICE CREEK ROAD <br /> <br />WHEREAS,during 2002 and 2003, roadway and enhancement improvements will be completed on Silver <br />Lake Road from 15th Street NW to Mississippi Street NW within the City to provide for improved traffic safety; and <br /> <br />WHEREAS, the City seeks to improve safety and aesthetics along Silver Lake Road by directing Xcel <br />Energy to underground its electric utility facilities along Silver Lake Road; and <br /> <br />WHEREAS, Xcel will not agree to place its facilities underground on this project unless it recovers through <br />a surcharge on customers within the City the additional costs it will incur because of the undergrounding offacilities; <br />and <br /> <br />WHEREAS, Xcel must receive approval from the Public Utilities Commission for any surcharge on a <br />special class of ratepayers; and <br /> <br />WHEREAS, the City is in receipt of a letter dated August 28, 2002 outlining the estimated cost of the <br />requested undergrounding and the estimated monthly surcharge on Xcel' s customers in the City and acknowledges <br />that the surcharge design and amount is based on a tariff now pending before the Minnesota Public Utilities <br />Commission and that Xcel has rights under its existing tariff to seek a surcharge for special facilities; and <br /> <br />NOW, lHEREFORE, BE IT RESOLVED by the city council of the city of New Brighton, Minnesota that <br />I. Xcel Energy is hereby requested and directed to relocate its overhead facilities along Silver Lake <br />Road from 15th Street NW to Rice Creek Road underground. <br /> <br />2. The City agrees that it will not oppose Xce!'s petition to the Public Utilities Commission for a <br />surcharge consistent with the pending tariff on customers ofXcellocated within the City. The <br />amount shall be Xcel's necessary, actual and reasonably incurred costs of under grounding less the <br />costs Xce\ would have incurred through relocation of its overhead lines along the project site <br />because of the Silver Lake Road project. <br /> <br />3. The City does not waive its right to verify by legal means available to it that the amount of <br />surcharge is the necessary, actual and reasonable cost incurred. <br /> <br />Adopted this 24th day of Septenber, 2002. <br /> <br />~~ <br />i 'n-, Cl~:j(\\ <br /> <br />Steve Larson, M;lyor <br /> <br />, <br />, ' <br /> <br />.' A TIEST: " <br /> <br />,. . t!it4'~.4. )ilf-LU<L <br />an Mmer, Director of Fmance and Support Services <br /> <br />~CityM~,g~ <br />