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2 <br />2. The relocation is subject to obtaining permits from the County for the facilities to be <br />relocated underground and the City shall, prior to the relocation, deliver to Xcel Energy <br />permanent easements on a form provided by Xcel Energy for the relocation underground of <br />facilities that cannot be placed within the public right-of--way along Rice Street. <br />3. The City agrees that it will not oppose Xcel Energy's implementation of a surcharge <br />consistent with the tariff on customers of Xcel Energy located within the City. The amount <br />shall be Xcel Energy's necessary, actual and reasonably incurred costs of undergrounding less <br />the estimated costs Xcel Energy would have incurred through relocation of its overhead lines <br />along the project site because of the Rice Street project. <br />4. The City does not waive its right to verify by legal means available to it that the amount of <br />the surcharge is the necessary, actual and reasonable cost incurred. <br />5. The City hereby agrees to the collection of a surcharge for the added cost of the underground <br />placement of the Xcel Energy distribution electric line along Rice Street between County <br />Road B and County Road B-2. <br />The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Roe <br />and upon vote being taken thereon, the following voted in favor thereof: Johnson; Roe; Pust; and <br />Klausing; the following voted against the same: Ihlan <br />