Memorandum

City of Lawrence

Legal Services Department

TO:	David L. Corliss, City Manager
FROM:	Toni Ramirez Wheeler, Director of Legal Services
CC:	Debbie Van Saun, Assistant City Manager Charles Soules, Director of Public Works Sheila Stogsdill, Interim Director of Planning Lynne Zollner, Historic Resources Administrator David Woosley, Traffic Engineer
Date:	April 18, 2007
RE:	Lawrence Freenet Installations on Traffic Signal Poles

Lawrence Freenet, Inc., requests permission to install communications equipment on traffic signal poles in City right-of-way at sixty-six 66 intersections throughout the City.  Lawrence Freenet provides internet service. 

Seventeen (17) of the 66 proposed installation sites are within the environs of historically significant structures and properties and require review and approval by the Historic Resources Administrator and/or the Historic Resources Commission. [insert list]  Three of the proposed installation sites are on poles outside of the city limits.  Those poles are owned by KDOT.  The City cannot grant Lawrence Freenet permission to use the poles at 2nd and US 24-40, Hwy 59 and Hwy 10, and 27th Street and Hwy 10. 

On April 10, 2007, Freenet received authorization to install equipment on poles located at four intersections along Clinton Parkway, as a test project.   The Planning Department reviewed the test project request, and administratively approved the request, subject to conditions.  As of the date of this memo, the test project installations have not occurred.  Staff awaits receipt from Lawrence Freenet of proof of personal injury insurance.   

If the Commission authorizes the installations at all of the requested intersections, and Lawrence Freenet obtains the required HRC approvals for the installations, Staff recommends the Commission authorize the City Manager to enter into a License Agreement substantially similar to the attached Agreement for the installations on the traffic control signals. The proposed agreement authorizes Lawrence Freenet to install the approved communications equipment on designated traffic control signals, subject to certain conditions.  Lawrence Freenet agrees to move the equipment at its sole cost and expense, upon request by the City.  Lawrence Freenet also agrees to indemnify the City from any claims, actions or damages related to their use of the right-of-way.  Finally, the City may terminate the agreement at any time and for any reason by giving Lawrence Freenet written notice.

Prior to each installation, the Public Works Department requests the following from Lawrence Freenet:

• A traffic control plan for installation of equipment at each intersection approved by the City;
• Proof of advance notice by Lawrence Freenet to the Lawrence Police Department and the Lawrence-Douglas County Fire & Medical Department of any lane closures associated with Lawrence Freenet’s installation and/or maintenance of the equipment on the traffic light poles;
• Proof of insurance in accordance with the agreement with the City.