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<br />F.b-OH002 16:31 <br /> <br />65122BI753 <br /> <br />T-607 P 004/004 F-160 <br /> <br />From-PETERSON FRAM BERGMAN <br /> <br />February 6, 2002 <br />Page 3 <br /> <br />distribution lines with the authority ofthe utility company to recover the extra costs associated <br />with this type of project by either collecting a payment voluntarily from the City or, in the <br />alternative, by imposing a rate surcharge on customers within the City. <br /> <br />In addition to the 2001 Regulations, the City has adopted regulations regarding the <br />construction of utilities within public rights-of-way. The Right-of-Way Management <br />Regulations state that anyone who disturbs the right-at-way needs to obtain a permit trom the <br />City before the work is commenced. Although a contrary view can be expressed because <br />Lexington Avenue is a county road, in my opinion, the City's Right-of-Way Management <br />Regulations required Xcel Energy to obtain a right-ot-way permit tram the City before <br />commencing the project. <br /> <br />JPF;dra <br /> <br /> <br />I <br /> <br />, <br /> <br />. <br /> <br />. <br /> <br />e <br />