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CR 97-188 Encroachment Agreement OCI Communications IncOctober 17, 1997 Proposed Action. Staff recommends adoption of the following motion: Move that Council authorize the Mayor and City Manager, on behalf of the City, to enter into an encroachment agreement with OCI Communications, Inc. This agreement sets in motion a permit process for the installation and maintenance of fiber optic telecommunications in public right -of -way by OCI Communications. Overview. The federal Telecommunications Deregulation Act of 1996 paved the way for any and all telecommunications providers to offer services that once fell to one company, as in the case of U.S. West in Minnesota. The federal law immediately opened public rights -of -way to unprecedented invasion by a burgeoning industry. Hopkins is already faced with processing two requests for installation of lines and there are more on the way The federal act spearheaded rapidly- increasing demand for space within the right -of -way but did nothing to address issues of control and management of the public corridor. The passage of Minnesota Sessions Law 1997, Chapter 123 with its comprehensive right -of -way language has begun to address management issues. The legislation has called for the formation of a task force to advise the Public Utilities Commission on state -wide uniform construction standards and what scope of authority cities will have. The PUC is required to complete their rulemaking by March 1, 1998. In the meantime, companies such as OCI are ready to install cable in Hopkins, and an encroachment agreement is the best means of bridging that time gap. Primary Issues to Consider. • OCI proposal and ramifications • Terms of the agreement • Recommendations Supporting Information. • Encroachment agreement Ja es Gessele Engineering Superintendent 0 P K ENCROACHMENT AGREEMENT OCI COMMUNICATIONS, INC. Council Report No. 97 -188 Council Report 97 -188 October 17, 1997 Page 2 Analysis OCI Proposal OCI Communications of Minnesota, Inc., a corporation authorized to do business within the state, proposes to install a fiber optic telecommunications system in the City of Hopkins. OCI represents itself as a provider of local and long distance service to all customers in the community. Staff is certain however that OCI's paramount interest in Hopkins is the strategic location of a U.S. West central office facility on 11th Avenue North. The central office affords this company, as well as any others to follow, to interface with U.S. West's massive communications system in- place. This is a must for OCI to even do any business. OCI has proposed to install their facility in Soo Line Railroad right -of -way, within one foot of 11th Avenue and 1st Street North right -of -way, and within Shady Oak Road right -of -way to County Road 3. The company has submitted drawings to that effect. Staff is reluctant to allow any installation in 11th Avenue, already a utility- crowded roadway, until it learns more of what management controls the City may actually have in hand once the above - mentioned task force makes recommendations to the PUC. To that end there is a restrictive clause in the agreement as it concerns 11th Avenue. OCI is prepared to follow an alternate route acceptable to staff, a route the company will fall back on should they feel they need to proceed before the task force's projected November 1 date for reporting to the PUC. The alternate route runs along the Soo Line Railroad to 5th Avenue, north along 5th Avenue to First Street North, thence westerly to Shady Oak Road, with short connections southward to U.S. West at 11th and 12th Avenues. OCI plans to directional bore (underground trenchless digging) most of their facility in boulevard areas. In every case where OCI crosses an underground electrical, gas, or telephone service line or main it is required by law to dig a "window" pothole. This is done to verify that the existing utilities will not be adversely affected by the directional bore. The consequence is that OCI will need to do substantial boulevard restoration: turf replacement, new sidewalk panels, even bituminous or concrete pavement replacement. Needless to say, OCI's presence is not the most welcome news, especially in the First Street North corridor so soon after its recent reconstruction. 0 Terms of the Agreement In short, the agreement is a means for OCI to install its facility before final construction standards become available in the spring of 1998. In this agreement OCI recognizes that to a substantial degree its installation is subject to regulations yet to come, that it will also be subject to a completely revised right -of -way ordinance that staff will be preparing for Council action by early spring 1998. OCI also recognizes that it may face upward adjusted permit fees once the new ordinance and construction standards are in place. Council Report 97 -188 October 17, 1997 Page 3 The agreement grants OCI an eight -year term to operate in Hopkins with automatic renewal unless 90 -day notice is given. A permit to work in the public corridor will be granted with the owners subject to current City restoration and traffic management requirements. OCI is required to post a minimum $50,000.00 bond and maintain Worker's Compensation Insurance and general liability insurance in compliance with statutory requirements. Recommendation Staff feels that given the mandates laid out in the federal act, this agreement is the best the City can do to accommodate OCI Communications, to live up to federal requirements, and to still be a responsible steward and manager of public corridors. Staff recommends approval of the encroachment agreement. ENCROACHMENT AGREEMENT This Encroachment Agreement (this "Agreement ") is made as of the day of C "to , 1997, by and between the City of Hopkins, Minnesota ("City") Y tY P � " ( tY " d ) OCI Communications of Minnesota, Inc. ( "OCI "), a corporation authorized to do business within the State of Minnesota; and having its principal office at 401 Second Avenue South, Suite 900, Minneapolis, Minnesota 55401. A. OCI represents that it is a corporation duly organized, and existing under the laws of the State of Minnesota and authorized by the Federal Communications Commission to provide Telecommunications Services. B. OCI has voluntarily chosen to enter into this Agreement with the City and comply with the provisions contained herein with full knowledge of the provisions of Minn. Stat. Chapter 237,. as amended by laws of Minnesota 1997, Chapter 123. C. The City has authority to grant encroachment within its rights -of -way only as expressly specified in applicable law, however, the City makes no representation, guaranty or warranty with respect to its title or interest in said rights -of- way. NOW, THEREFORE, in consideration of the foregoing Recitals A -C, other valuable consideration and the mutual undertakings and agreements contained herein, the City and OCI agree as follows: 1. Incorporation of Recitals. Recital Paragraphs A -C, above, are incorporated in and made a part of this Agreement in their entirety. c: \file \hopcivil \encroach.oci RECITALS 2. Definitions. When used in this Agreement, unless the context clearly indicates a contrary intent, the following words and phrases shall have the meanings stated below: "City" means the City of Hopkins, Minnesota. "Fiber Optic Network Facilities" or "Facilities" means fiber optic cables, conduits, converters, splice boxes, cabinets, handholds, manholes, vaults, equipment, drains, surface location markers, appurtenances and related facilities located or installed by OCI or to be located or installed by OCI in Public Right -of -Way and used or useful for the transmission of Telecommunications Services. "Law" means any local, state or federal act, statute, ordinance, rule, regulation, code, license, certificate, franchise, permit, writ, ruling, award, executive order, directive, requirement, injunction, judgment, decree or other order issued, executed, entered or deemed applicable by any governmental authority. "Management Costs" shall have the meaning stated in Minn. Stat. 237.162, Subd. 9. "Public Right -of -Way" shall have the meaning stated in Minn. Stat. 237.162, Subd. 3, but shall be limited to public rights -of -way within the City. "Telecommunications Services" shall be defined consistently with the definition found in the Communications Act of 1934, as amended. c: \file\hopcivil \encroach.oci 2 CONSTRUCTION, MAINTENANCE AND OPERATION OF THE SYSTEM 3. License and Encroachment. Subject to the provisions of this Agreement, and all applicable Law, the City hereby grants a nonexclusive license to OCI to construct, maintain and operate Facilities in, under, over, across and along Public Right -of -Way for the purpose of providing Telecommunications Services. Said license is not assignable without the express written permission of the City, which consent shall not be unreasonably withheld, but may be conditioned upon the Assignee consenting, in writing, to be bound by the terms and conditions of this Agreement. This Agreement and OCI's rights hereunder shall not be sold, transferred, leased, assigned . or disposed of, in whole or in part, including but not limited to, by force or voluntary sale, merger, voluntary or involuntary bankruptcy, consolidation, receivership or other means without the prior written consent of the City, which consent shall not be unreasonably withheld but may be conditioned upon the Assignee consenting, in writing, to be bound by the terms and conditions of this Agreement. Notwithstanding any other provision in this Agreement, no consent from the City shall be required for a mortgage, collateral assignment or other instrument of hypothecation, in whole or in part, to secure an indebtedness. Notwithstanding any provision of this Agreement apparently to the contrary, OCI agrees that the license and encroachment granted and the permit to be issued to OCI pursuant to this Agreement shall not extend to or permit the construction, maintenance or operation of any Facilities within the Public Right -of -Way of 11th Avenue between its intersections with Seventh Street South and First Street North (which portion of the Public Right -of -Way of 11th Avenue South is hereinafter referred to the "Excluded Right -of- Way "). At such time as the Advisory Task Force established pursuant to 1997 Session Laws, Chapter 123, Section 9, has submitted proposed uniform statewide construction standards for construction of Facilities to the State of Minnesota Public Utilities Commission, and such proposed construction standards are available to the City, or on such earlier date as the City in its sole discretion shall determine to allow construction of Facilities within the Excluded Right-of- Way, OCI and the City shall enter into an Amendment to this Agreement allowing OCI to construct, maintain and operate Facilities within the Excluded Right -of -Way, subject to all of the terms, c: \file\hopcivil \encroach.oci conditions, agreements and limitations contained in this Agreement and, further, subject to such additional construction standards, methods and limitations as the City may lawfully impose on the construction, maintenance or operation of any Facilities within the Excluded Right -of -Way. 4. Term. The term of this Agreement shall be eight (8) years commencing on the date stated in the first paragraph of this Agreement and ending on the eighth anniversary date of said commencement date. The parties agree that this Agreement shall automatically renew for additional consecutive five (5) year periods, unless either party gives a minimum of ninety (90) days advance written notice to the other of intent to terminate prior to the end of the initial eight (8) year term of this Agreement or any renewal term. 5. No Interference. Except as permitted by applicable Law and this Agreement, in the performance and exercise of its rights and obligations under this Agreement, OCI shall not damage or interfere in any manner with the existence, condition or operation of any Public Right -of -Way or any public or private roads, streets, curbs, sidewalks, sanitary sewers, water mains, storm drains, gas mains, poles, overhead and underground electric and telephone wires, electrollers, cable television wires and other telecommunications, utility, municipal or other public property without the approval of the owner(s) of the affected property or facilities. 6. No Property Interest. This Agreement is not intended to grant to OCI any property interest in any Public Right -of -Way and is made subject and subordinate to the prior, superior and continuing right of the City to use any Public Right -of -Way as a street and for any other public use and for the purpose of laying, installing, maintaining, repairing, protecting, replacing and removing sanitary sewers, water mains, storm drains, gas mains, poles and utility improvements, and for other c: \file\hopcivil \encroach.oci municipal uses and with right of ingress and egress, along, over, across, under and in said Public Right -of -Way. 7. Application for Permits. OCI shall apply for a permit for all work and each job within any Public Right -of -Way. OCI shall furnish detailed plans of the work prepared by a registered professional engineer, and other such information as required by the City and by Law, and shall pay all Management Costs incurred by the City including, but not limited to, processing, field marking, engineering, inspection, security and any other fees in accordance with the rates in effect at the time of payment subject to Section 18 hereof OCI agrees to place its Facilities underground in all locations where the City requires other telecommunications providers to do the same. In those areas of the City where OCI's Facilities are located on above - ground transmission or distribution facilities of a public utility or telecommunications provider, OCI agrees to relocate or install its Facilities underground at its own cost and within 120 days of the City's request when: c : \file\hopcivil \encroach.oci The utility, on whose poles OCI has attached its Facilities, is required to relocate its facilities underground; or b. The City requires all telecommunications providers to relocate their above - ground facilities underground within the Right -of -Way, subject to the permit. Said improvements shall be constructed and installed in according with the Law and this Agreement. 8. Issuance of Permits. Upon execution of this Agreement and performance of the obligations contained in this Agreement by OCI and compliance by OCI with all permitting requirements, the City will issue all permits necessary to the installation of OCI's telecommunica- tions system, in accordance with the City's permitting procedures as may from time -to -time be amended in accordance with applicable law. 5 9. Manner of Construction. The construction, installation, operation, maintenance and removal of all Fiber Optic Network Facilities shall be accomplished without cost or expense to the City and in such manner so as not to endanger persons or property, or unreasonably obstruct travel on any street, road, walk or other access thereon within any Public Right -of -Way. OCI shall proceed with all due diligence to complete construction of its Fiber Optic Network Facilities as promptly as possible, without undue interruption or delay. OCI shall not excavate or disturb public streets, roads or sidewalks that have been constructed by the City within five (5) years prior to installation of the Facilities but shall, instead, use installation and construction techniques, such as directional boring, that require the lease possible excavation or disturbance of public streets, roads or sidewalks. In the event excavation or disturbance of public streets, roads or sidewalks is unavoidable, OCI shall notify the City Engineer or City Engineering Supervisor and shall not proceed with such excavation or disturbance until written approval therefore has been obtained from the City Engineer or City Engineering Supervisor, which approval may be conditioned upon employing construction techniques that will minimize excavation or disturbance of public streets, roads or sidewalks. OCI shall also use reasonable efforts to coordinate its construction schedule with the City's schedule of public improvements to minimize disruption and damage to City streets and other public improvements. The City shall keep OCI reasonably apprised of its schedule of public improvements at all times during the construction of the Facilities. Prior to performing any construction, installation, maintenance, repair or relocation work, OCI shall contact all utility companies to obtain the location of utility lines and improvements that may be affected by work performed by OCI, if requested to do so by the City. c: \file\hopcivil \encroach.oci 10. Maps. Within sixty (60) days of completion of construction, OCI shall provide the City with an accurate as built maps or drawings certifying the location of all Facilities within Public Right -of -Way in a paper format and in a format compatible and consistent with the City's electronic mapping system and/or including all data reasonably necessary to allow the City to develop a Right -of -Way mapping system. All such maps or drawings shall be certified to the City by a registered professional engineer. 11. Condition of Facilities. OCI agrees to keep and maintain said Fiber Optic Network Facilities in good and safe condition and free from any nuisance. 12. Bond. Prior to issuance of any permit, OCI shall deliver and maintain a performance bond in favor of the City in an amount sufficent, as determined by the City Engineer or City Engineering Supervisor, to cover all costs of restoration of streets, roads, sidewalks, utilities and other public improvements that may be damaged as a result of OCI's activities. In no event shall the required performance bond be in an amount of less than Fifty Thousand and no /100ths Dollars ($50,000.00). The required performance bond shall remain in force until sixty (60) days after full completion of OCI's construction, as reasonably determined by the City, including restoration of Public Right -of -Way and other property affected by the construction. The bond shall be issued in a form and by a bonding company approved by the City, which approval shall not be unreasonably withheld. 13. Required Authorizations. Prior to issuance of any permit, OCI shall provide the City with sufficient information to establish that it has obtained all required government approvals and permits to construct and operate the Facilities and to offer and provide Telecommunications Services including any certification or other documentation required by the Public Utilities c: \file\hopcivil \encroach.oci Commission of the State of Minnesota or any other regulatory entity. At all times during the term of this Agreement, OCI shall maintain membership in Gopher State One Call and shall furnish the City, upon request, proof that it is maintaining such membership. 14. Relocation for City Purposes. OCI shall relocate, in cooperation with, and at no charge to the City, any Fiber Optic Network Facility installed, used and maintained under this Agreement if and when made necessary by any lawful change of grade, alignment or width of any street or road within any Public Right -of -Way or the construction, maintenance or operation of any underground subway or viaduct by City and/or the construction, maintenance, repair, replacement or operation of any other City underground or above - ground facilities or utility improvements. OCI agrees to relocate or install its Facilities underground at its own costs and within sixty (60) days of the City's request, if such request is made between April 1 and October 1, and within 120 days of the City's request, if such request is made between October 1 and April 1. 15. Removal and Abandonment. If any portions of the Fiber Optic Network Facilities covered under this Agreement are no longer used by OCI, or are abandoned for a period in excess of twelve (12) months, OCI shall notify the City and the. City shall determine whether OCI shall either promptly vacate and remove the Facilities at OCI's expense or abandon some or all of the Facilities in place to the extent permitted by Law. c: \file \hopcivil \encroach.oci 16. Restoration of Public Right -of -Way. Whenever construction, installation, maintenance, repair, removal or relocation of Facilities occurs within any Public Right -of -Way, OCI shall, after the construction, installation, maintenance, removal or relocation of the Facilities, at its own cost, repair, restore and return the Public Right -of -Way on which the Facilities were located and any highway, road, sidewalk, utility or other improvements to the same or better condition existing before such construction, installation, maintenance, repair, removal or relocation. The work must be completed as promptly as the weather permits. Any repair or restoration work performed by OCI between November 15 and April 30 will incorporate such measures as are required, due to weather conditions or unavailability of paving materials, to assure proper permanent restoration, including temporary repair or restoration measures which OCI shall replace by means of permanent restoration methods at such time as weather conditions and availability of materials permit. If OCI does not properly perform and complete the work, remove all dirt, rubbish, equipment and material, and restore the Public Right -of -Way to the same or better condition, the City may restore the Public Right -of -Way and any highway, road, sidewalk, utility or other improvements to the same condition at the expense of OCI. OCI shall, upon demand, pay to the. City the direct and indirect cost of the work done for or performed by the City, including but not limited to, the City's administrative costs. 17. Damage OCI shall be responsible for damage to city street pavements, existing utilities, curbs, gutters and sidewalks due to OCI's installation, maintenance, repair or removal of its Fiber Optic Network Facilities in Public Right -of -Way, and shall repair, replace and restore the damaged Public Right -of -Way and such improvements at its sole expense and subject to approval c: \file\hopcivil \encroach.oci by the City, which approval shall not be unreasonably withheld or delayed. 18. Other City Requirements. OCI shall pay all permit and user fees or any other fees to the City in accordance with applicable law. OCI expressly acknowledges and agrees that the City shall have the right to impose upon OCI additional fees and/or damages for OCI's occupation of the Public Right -of -Way to the extent not inconsistent with applicable law. It is intended that, subsequent to the execution of this Agreement, the City will adopt an ordinance imposing comprehensive requirements on telecommunication Right -of -Way users such as OCI pursuant to recently enacted state legislation (Laws of Minnesota 1997, Chapter 123). OCI further acknowl- edges and agrees to be bound by any subsequent ordinance or regulation adopted by the City with respect to the City's lawful control over its Public Right -of -Way and hereby agrees and acknowl- edges that such ordinance or regulation, including any permit and fee requirements, will be retroactively applied to OCI, provided that such ordinance or regulation is also retroactively applied to all telecommunications providers who are granted permits from the City to install a new Fiber Optic Network on Public Right -of -Way after the effective date of this Agreement. Any permit or user fees paid by OCI prior to the adoption of a subsequent ordinance shall be credited against those fees required by a subsequent ordinance. If there are any inconsistencies between the terms of this Agreement and those of any subsequent ordinance or regulation, the terms of any subsequent ordinance or regulation shall take precedence. OCI voluntarily agrees to reimburse the City in an amount not to exceed $750.00 for the City's out -of- pocket legal and other consultant costs and expenses incurred to process OCI's request and the preparation of this Agreement. The City shall provide OCI with copies of all invoices relating to said costs and expenses and OCI shall only provide reimbursement for costs and expenses actually incurred by the City. Any amount paid by OCI to reimburse the City hereunder shall not be credited against other amounts payable to the City by OCI hereunder. 19. Nondiscriminatory Fees. With respect to the City's imposition of any fees or charges not specifically required in this Agreement, OCI shall only be required to pay any fee or charge to the extent permitted by law and which is imposed in a competitively neutral and nondiscriminatory manner with respect to other similarly situated telecommunications providers. c: \file \hopcivil \encroach.oci 10 GENERAL TERMS 20. Indemnification. OCI, jointly and severally, for itself, its successors, agents, contractors and employees, agrees to indemnify, defend (with counsel acceptable to City) and hold harmless City, its officials, representatives, employees and agents from and against any and all claims, demands, losses, damages, liabilities, fines and penalties and all costs and expenses incurred in connection therewith, including, without limitation, reasonable attorneys' fees and costs of defense arising directly or indirectly, in whole or in part out of the construction, installation, maintenance, repair, removal or relocation of Facilities within any Public Right -of -Way or any breach by OCI of its obligations described in this Agreement, except to the extent arising solely from the City's willful action or negligent acts or omissions. 21. Insurance. OCI and/or any of its subcontractors or agents under the Agreement shall maintain throughout the term of this Agreement, Workers' Compensation Insurance complying with all statutory requirements and comprehensive general liability insurance, which latter insurance shall provide the following coverages and minimum limits: a. General Liability - public liability, including premises, products and complete operations. (i) Bodily injury liability: $1,000,000.00 each person $3,000,000.00 each occurrence (ii) Property damage liability or $3,000,000.00 each occurrence Bodily injury and property damage combined $3,000,000.00 single limit Comprehensive - automobile liability insurance, including owned, non -owned and hired vehicles. c: \file\hopcivil \encroach.oci 11 c: \file\hopcivil \encroach.oci (i) Bodily injury liability (ii) Property damage liability (iii) In lieu of (i) and (ii) Bodily injury and property damage combined c. OCI agrees that with respect to the above- required insurance, contracts will contain the following required provisions: (i) The City and its officers, agents, employees, board members and elected officials shall be named as additional insured (as the interests of each may appear) as to all applicable coverage; and (ii) Contracts shall provide for thirty (3 0) days notices to the City prior to cancellation, revocation, nonrenewal or material change. d. The amount and conditions of liability and comprehensive insurance may be increased upon sixty (60) days' written notice by the City should the protection afforded by this insurance be reasonably deemed by the City to be insufficient for the risk created by this Agreement. At no time, however, will the amount of required liability and comprehensive insurance exceed that which is customarily required of others for similar situations of risk. e. Prior to issuance of any permit, OCI shall furnish a Certificate of Insurance to the City confirming the above -noted coverages and naming the City as an additional insurance. 22. Default. If OCI is in default of any obligations contained in this Agreement or in the performance of the work or occupancy authorized by this Agreement or any permit granted pursuant to this Agreement, including, but not limited to, restoration requirements or fee payments for more than thirty (30) days after receiving written notice from the City of the default, the City may terminate and revoke the rights of OCI under this Agreement and any permit granted hereunder, provided OCI shall not be entitled to prior notice in emergencies or in circumstances in which the 12 $1,000,000.00 each person $3,000,000.00 each occurrence $3,000,000.00 each occurrence $3,000,000.00 single limit City has the absolute right to terminate or revoke this Agreement and any permits granted to OCI in the exercise of the City's police powers. If OCI is in default of any obligation contained in this Agreement, in the performance of the work or occupancy authorized by this Agreement or any permit granted hereunder, the City may, after the above notice to OCI, if required, and failure of OCI to cure the default, take such action as may be reasonably necessary to abate or remedy the condition caused by the default. OCI shall reimburse the City for the City's reasonable costs, including costs of collection and attorneys' fees, incurred as a result of OCI's default. 23. Notices. All notices or other communications required or permitted to be given under this Agreement shall be in writing and shall be hand delivered or sent by certified mail, return receipt requested, to the following addresses: If to OCI: If to City: OCI Communications of Minnesota, Inc. 401 Second Avenue South, Suite 900 Minneapolis, Minnesota 55401 City of Hopkins Attention: Engineering Supervisor 1010 First Street South Hopkins, Minnesota 55343 If notice is given by certified mail, such notice shall be deemed to have been given on the next business day following the date of mailing. 24. Emergency Work. In the event of any emergency in which any of OCI's Facilities located in, above or under any Public Right -of -Way are or may be damaged, or if OCI's construction area or Facilities are otherwise in such a condition as to immediately endanger the property, life, health or safety of any individual, OCI shall immediately take the proper emergency measures to repair its Facilities, to cure or remedy the dangerous conditions for the protection of property, life, c: \file \hopcivil \encroach.oci 13 health or safety of individuals, and the requirements of this Agreement or any City ordinance for first obtaining a permit may be waived in appropriate emergency circumstances. However, this shall not relieve OCI from the requirement of notifying the City of the emergency work and obtaining any permit necessary for this purpose upon completion of the repairs. 25. Miscellaneous. a. This Agreement is made and executed in the State of Minnesota, and shall be construed and enforced according to the laws of Minnesota. b. The invalidity or unenforceability of any provision of this Agreement shall not affect or impair the validity of any other provisions, all of which shall remain in full force and effect. c. The section titles and captions in this Agreement are for convenience of reference only and do not define, limit or construe the contents of the sections and paragraphs of this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties hereto and, subject to the restrictions and limitations herein contained, their respective successors and assigns. e. Any modification to this Agreement shall only be effective if in writing and signed by all of the parties to this Agreement. IN WITNESS WHEREOF, the parties have duly executed this. Agreement as of the date first above written. c: \file\hopcivil \encroach.oci 14 Reviewed and approved by the City Attorney. City Attorney Dated: / c:\file\hopcivil \encroach.oci 7 15 City of Hopkins, Minnesota Dated: , 1997 By Charles D. Redepenning, Its Mayor Dated: , 1997 By Steven C. Mielke, Its Manager OCI Communications of Minnesota, Inca , 1997 By 1' ( GLwil e" Its V r