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CITY OF OTSEGO <br />COUNTY OF WRIGHT <br />STATE OF MINNESOTA <br />AGREEMENT BETWEEN THE CITY OF OTSEGO AND ELK RIVER <br />MUNICIPAL UTILITIES AS TO UNDERGROUNDING OF ELECTRICAL <br />UTILITIES ACROSS CSAH 39 IN THE CITY OF OTSEGO <br />THIS AGREEMENT entered into this _ day of January, 2008 between the City of <br />Otsego (hereinafter CITY) and Elk River Municipal Utilities (hereinafter UTILITY). <br />WHEREAS, the City of Otsego's Right of Way Ordinance requires underground <br />installation of utilities within the City; and <br />WHEREAS, the Ordinance also provides that the Director may waive or modify <br />requirements of the ordinance upon a showing of good cause; and <br />WHEREAS, the issue of a delay in under grounding electrical utilities was presented to <br />the Otsego City Council at their regularly scheduled meeting on January 14; and <br />WHEREAS, based upon the facts presented the Council determined that a reasonable <br />delay in under grounding was appropriate and motioned that the Director approve the <br />waiver subject to a written Agreement. <br />FINDINGS <br />The Council deemed that the delay in implementation of the ordinance requirements was <br />justified by the following; <br />1. Under grounding of the electrical utility would be more appropriate upon <br />widening of CSAH 39, if such work is undertaken within a reasonable time <br />period. <br />2. Under grounding the system as per ordinance requirements would not allow for <br />proper looping of the system at this time. <br />3. Under grounding would be more appropriately accomplished in the context of a <br />larger overall project. <br />ORDER AND AGREEMENT <br />