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• <br />• <br />• <br />Council MemberReinert introduced the following resolution and moved its adoption: <br />CITY OF LINO LAKES <br />RESOLUTION NO. 07-7t <br />RESOLUTION APPROVING UTILITY RELOCATION AGREEMENT <br />XCEL ENERGY <br />LAKE DRIVE/I -35W INTERCHANGE RECONSTRUCTION <br />S.P. 0280 -55 (T.H. 35W =394) <br />WHEREAS, the City plans to let a contract to construct State Project Number 0280 -55, <br />State Aid Project No. 02- 623 -13, State Aid Project No. 210 - 020 -04 (Project), on Federal Aid <br />Interstate Highway Number 35W =394, which is part of the National System of Interstate <br />Highways.. The Project is located in Lino Lakes, Minnesota at 35W and CSAH 23 (Lake <br />Drive; and <br />WHEREAS, Xcel Energy owns and operates, its fixtures, and related equipment (Facilities) <br />within the limits of publicly owned right of way. The Facilities are within the limits of the <br />Project; and. <br />WHEREAS, the Utility Owner must relocate the Facilities that are within the Project limits. <br />The Utility Owner has requested reimbursement for the cost of this reimbursement from the <br />City; and <br />WHEREAS, Minnesota Statutes, section 161.20 authorizes the Commissioner of <br />Transportation to make arrangements with and cooperate with any governmental <br />authority for the purposes of constructing, maintaining and improving the trunk highway <br />system; and <br />WHEREAS, under Minnesota Statutes, section 161.46, the State may reimburse the <br />Utility Owner for the cost of relocating its Facilities; and <br />WHEREAS, the State of Minnesota and the City of Lino Lakes have entered into an <br />agreement for the construction of such improvements and the City is responsible for <br />providing said reimbursement; and <br />WHEREAS, the Code of Federal Regulations, title 23, part 645, subpart A, and as amended <br />requires a written agreement that specifies the work the Utility Owner will perform for <br />reimbursement. This Agreement is subject to all state, federal, and other applicable laws <br />and regulations. <br />