Memorandum

City of Lawrence

Legal Services Department

TO:	David Corliss, City Manager Toni Ramirez Wheeler, Director of Legal Services
FROM:	John Jay Miller, Staff Attorney
CC:	Scott McCullough, Director of Planning and Development Services Charles Soules, Director Public Works
Date:	August 3, 2010
RE:	Proposed Westar Energy Inc. License Agreement – SE Corner of 27^th and Oregon Street

Westar Energy Inc. requests permission to install a temporary 85 foot pole with street lights and telecommunications equipment in a portion of the right-of-way at the southeast corner of 27^th and Oregon. The right-of-way is located across the street from the Westar facility at 746 E. 27 Street.

Westar is making the request to provide a temporary method of data transmission to their facility until they can install an underground fiber optic system. The 85 foot pole and equipment is needed to provide them clear line of site data transmission to allow remote communication between the building at 746 E. 27^th Street and the substation at 31^st and Kasold.

The proposed agreement authorizes Westar to install the 85 foot pole, subject to certain conditions. The owners agree to move the pole at their sole cost and expense should the City deem it necessary. Westar also agree to indemnify the City from any claims, actions or damages related to their use of the right-of-way.

The term of the License Agreement is for three years terminating on December 31, 2013. Westar plans on having underground fiber optic cable installed for their facility before the end of the agreement and will remove the pole at that time. The License Agreement does not allow Westar to use the equipment as a wireless telecommunications service provider.

The Planning Department approved a site plan for the light pole and their administrative determination is attached for your review.

Action Requested: Staff recommends the City Commission authorize the City Manager to enter into a License Agreement substantially similar to the attached Agreement, if appropriate.