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RESOLUTION NO. 17-2 <br /> BOARD OF COMMISSIONERS <br /> ELK RIVER MUNICIPAL UTILITIES <br /> A RESOLUTION AUTHORIZING THE ELK RIVER MUNICIPAL UTILITIES <br /> TO ENTER INTO AN AGENCY RELOCATION AGREEMENT WITH THE <br /> STATE OF MINNESOTA <br /> WHEREAS, the Minnesota Department of Transportation (MnDOT) plans to let a <br /> contract to construct State Project Number 7102-127 (Project) on Trunk Highway <br /> Number 10. The Project is located on Trunk Highway 10 on Bridge #5955 and Bridge <br /> #71005 over the Elk River (Lake Orono) and from Joplin Street to Xenia Avenue in Elk <br /> River; and <br /> WHEREAS, Elk River Municipal Utilities (ERMU) owns and operates water mains, <br /> their fixtures, and related equipment (Facilities) that are located on property where <br /> MnDOT will construct the Project; and <br /> WHEREAS,the Project will require the relocation and adjustment of ERMU's Facilities. <br /> If ERMU relocated the Facilities or let a separate contract to relocate them that relocation <br /> work would interfere with the Project. ERMU has requested that MnDOT perform the <br /> relocation work as part of the Project. Including ERMU's relocation work in the State's <br /> Construction contract may eliminate duplication of services, facilitate activity <br /> coordination, simplify supervision, and expedite Project construction; and <br /> WHEREAS, pursuant to Minnesota Statutes, section 161.46, subdivision 5, ERMU <br /> appoints MnDOT as its agent to design and construct the relocation work as part of the <br /> Project and MnDOT may relocate the Facilities as part of the Project on the trunk <br /> highway system; and <br /> WHEREAS, state law requires a written agreement between MnDOT and ERMU that <br /> describes their separate responsibilities. <br /> NOW, THEREFORE, BE IT RESOLVED that Agency Relocation Agreement <br /> Number 1027572 between the State of Minnesota, acting through its Commission of <br /> Transportation, and ERMU, is hereby approved and the ERMU Chair and General <br /> Manager are authorized to execute the Agreement on behalf of ERMU. <br /> This Resolution Passed and Adopted by the Board of Elk River Municipal Utilities this <br /> 1 1th day of April, 2017. <br /> John J. Dietz, Chair <br /> Troy Adams, P.E., General Manager <br /> 46 <br />