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COUNCIL COMMUNICATION <br />TO: MAYOR AND CITY COUNCIL <br />FROM: MALCOLM FLEMING, CITY MANAGER <br />DATE: JANUARY 4, 2011 <br />SUBJECT: APPROVE RESOLUTION NO. 1, SERIES 2011 — A RESOLUTION <br />APPROVING A PIPELINE LICENSE AGREEMENT WITH BURLINGTON <br />NORTHERN SANTA FE (BNSF) RAILWAY COMPANY FOR A PIPELINE <br />CROSSING TO PROVIDE A SECONDARY WATER SOURCE FOR THE <br />TAKODA SUBDIVISION PROJECT <br />ORIGINATING DEPARTMENT: PUBLIC WORKS DEPARTMENT <br />SUMMARY: Currently, properties north of S. Boulder Road and east of State Highway 42 <br />receive Louisville water service from a single source with the ability to receive emergency <br />secondary service from the City of Lafayette. One of the stipulations within the Takoda <br />Subdivision Agreement includes extension of a 12 -inch potable water main from Centennial Dr. <br />to State Highway 42. This secondary connection will provide another Louisville water source <br />for the Takoda Subdivision as well as properties mentioned above (e.g. North End, Louisville <br />Plaza, Alvenus, etc.). <br />The attached license agreement is similar to the 2008 Pipeline License for the Dillon Road <br />Widening Project. However, in the case of the Takoda Subdivision, the Developer's contractor <br />will perform the work. The City Attorney has reviewed the Pipeline License Agreement and has <br />provided recommendations to staff that resolve liability concerns /issues that may occur during <br />the construction and warranty period. <br />FISCAL IMPACT: The City will pay a portion of the cost for extending water service and <br />sanitary sewer service to the Takoda Subdivision per the North Louisville Annexation <br />Agreement and the Louisville Municipal Code. The City's share in the cost of work will be <br />reimbursed to the developer in the form of rebate payments. Information concerning Utility <br />rebate payments is outlined within the Takoda Subdivision Agreement, 8.0 Special Provisions, <br />8.1 Credit for Certain Utility Improvements (a). <br />RECOMMENDATION: Approve Resolution No. 1, Series 2011 approving a Pipeline <br />License Agreement with Burlington Northern Santa Fe (BNSF) Railway Company for a water <br />main crossing. <br />ATTACHMENT(S): <br />1. Resolution No. 1, Series 2011 <br />2. Pipeline License between BNSF Railway Co. & City of Louisville <br />SUBJECT <br />RESOLUTION NO. 1, SERIES 2011 <br />AGENDA ITEM <br />4B <br />13 <br />