ERMU RES 17-2 RESOLUTION NO. 17-2
BOARD OF COMMISSIONERS
ELK RIVER MUNICIPAL UTILITIES
A RESOLUTION AUTHORIZING THE ELK RIVER MUNICIPAL UTILITIES
TO ENTER INTO AN AGENCY RELOCATION AGREEMENT WITH THE
STATE OF MINNESOTA
WHEREAS, the Minnesota Department of Transportation (MnDOT) plans to let a
contract to construct State Project Number 7102-127 (Project) on Trunk Highway
Number 10. The Project is located on Trunk Highway 10 on Bridge #5955 and Bridge
#71005 over the Elk River (Lake Orono) and from Joplin Street to Xenia Avenue in Elk
River; and
WHEREAS, Elk River Municipal Utilities (ERMU) owns and operates water mains,
their fixtures, and related equipment (Facilities) that are located on property where
MnDOT will construct the Project; and
WHEREAS,the Project will require the relocation and adjustment of ERMU's Facilities.
If ERMU relocated the Facilities or let a separate contract to relocate them that relocation
work would interfere with the Project. ERMU has requested that MnDOT perform the
relocation work as part of the Project. Including ERMU's relocation work in the State's
Construction contract may eliminate duplication of services, facilitate activity
coordination, simplify supervision, and expedite Project construction; and
WHEREAS, pursuant to Minnesota Statutes, section 161.46, subdivision 5, ERMU
appoints MnDOT as its agent to design and construct the relocation work as part of the
Project and MnDOT may relocate the Facilities as part of the Project on the trunk
highway system; and
WHEREAS, state law requires a written agreement between MnDOT and ERMU that
describes their separate responsibilities.
NOW, THEREFORE, BE IT RESOLVED that Agency Relocation Agreement
Number 1027572 between the State of Minnesota, acting through its Commission of
Transportation, and ERMU, is hereby approved and the ERMU Chair and General
Manager are authorized to execute the Agreement on behalf of ERMU.
This Resolution Passed and Adopted by the Board of Elk River Municipal Utilities this
1 1th day of April, 2017.
J .lin J. y ietz, Clair
f �F
Troy At1ams, P.E., General Manager