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RESOLUTION NO. <br />07-015 <br />STATE OF MINNESOTA <br />COUNTY OF RAMSEY <br />CITY OF NEW BRIGHTON <br />RESOLUTION DIRECTING XCEL ENERGY TO UNDERGROUND OVERHEAD <br />UTILITIES ALONG OLD HIGHWAY 8 NW BETWEEN I-694 AND THE LONG LAKE <br />REGIONAL PARK ENTRANCE <br />WHEREAS, during 2007 and 2008, roadway and boulevard improvements will be completed <br />on Old Highway 8 NW between I-d94 and the Long Lake Regional Park entxance within the City to <br />provide for improved traffic safety; and <br />WHEREAS, the City seeks to improve safety and aesthetics along Old Highway $ by directing <br />Xcel Energy to underground its electric utility facilities along Old Ilighway 8 NW; and <br />WHEREAS, Xcel Energy will not agree to place its facilities underground on this project <br />unless it recovers through a surcharge on customers within the City the additional costs it will incur <br />because of the undergrounding of facilities; and <br />WHEREAS, the City is in receipt of a Scoping Estimate and Special Facilities Surcharge dated <br />December 15, 2006, outlining the estimated cost of the requested undergrounding and the estimated <br />monthly surcharge on Xcel's customers in the City; and <br />NOW, THEREh'ORE, BE IT RESOLVED by the City Council of the City of New <br />Brighton, Minnesota that: <br />1. Xcel Energy is hereby requested and directed to relocate its overhead facilities <br />underground along Old Highway 8 NW between I-694 and the Long Lake Regional <br />Park entrance. <br />2. The City agrees that it will not appose a surcharge on customers of Xcel located within <br />the City. The amount shall be Xcel's necessary, actual, and reasonably incurred costs <br />of undergrounding less the costs Xcel would have incurred through relocation of its <br />overhead lines along the project site because of the Old Highway 8 NW project. <br />3. The City does not waive its right to verify, by legal means available to it, that the <br />amount of the surcharge is necessary, actual an reason ble cost incurred. <br />Adopted this 27th day of February, 2007. <br />ATTEST: <br />Steve: T arsnn_ Mavnr <br />Daniel A. Maiers, <br />Director of Finance and Support Services <br />(SEAL) <br />