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 Sandra Day, Planner David Woosley, Traffic Engineer
Date:	April 5, 2007
RE:	Proposed License Agreement  With Lawrence Freenet For Traffic Signal Poles Along Clinton Parkway

Lawrence Freenet, Inc., requests permission to install communication equipment on traffic signal poles at four intersections located along Clinton Parkway, as a test project.   Lawrence Freenet provides internet access to the Lawrence community.  The Planning Department has reviewed the test project request, and has administratively approved the request, subject to conditions.  (Staff Report)

The City has authorized Lawrence Freenet to locate equipment on other City facilities, including the City water towers at 6^th and Kasold, 19^th and Kasold, 18^th and Stratford, and on top of City Hall to provide internet access to the community at a free or reduced rate.  A request to install equipment on the Harper water tower has been administratively approved and a draft agreement with the City is under review.

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.