Daniels County commissioners press City of Billings, contractor to clarify MOU for radio tower transfer

Daniels County commissioners at a Nov. 22 special meeting questioned who would bear liability and specific costs under a proposed memorandum of understanding with the City of Billings to decommission and transfer a radio communications tower to the county.

The discussion centered on a clause that, as drafted, would make the county responsible for “payment of all costs and expenses associated with removal of the Tower.” Commissioners said they could not accept language that left the county liable for damage or contractor negligence and asked the contractor and city to clarify which expenses the county would cover and to add “not‑to‑exceed” limits to invoices.

Brian, a representative of Red Tail Communications, who joined the meeting by phone, described the crane and labor quotes and said a conservative estimate could be reduced if the work is completed in one day. Commissioners were shown a preliminary breakdown that listed Daniels County’s share at about $5,595 under the current proposal. Brian also said the tower had been inspected by the city and that he expected the deconstruction could be scheduled as early as the first week of December, weather permitting.

Commissioners pressed for clearer contract language if any structural problems are discovered during deconstruction. One commissioner said the MOU’s acceptance language — which states the county accepts the tower “as is” based on prior inspection — should include an allowance to abandon the transfer without penalty if the tower proves unsafe when sections are unbolted. Brian said the crane operator’s insurance would typically cover on‑site incidents and he recommended shifting responsibility for on‑site damage to the contractor’s insurance or clarifying the redress path in the documents.

There was also debate about whether the county should pay to have the tower taken down if it must later pay to re‑erect the structure on county property. Commissioners noted that replacing a tower or purchasing a new one could cost tens of thousands of dollars; Brian described new towers in the $40,000–$60,000 range and said used towers sometimes cost $20,000–$30,000, though values vary by condition.

County staff and commissioners asked Brian to send proposed edits and a clearer invoice to the city’s contact, Priscilla, and requested that Red Tail amend its invoice to break out not‑to‑exceed figures. County officials said they will seek either a direct agreement with the contractor or clearer protections in the MOU before signing. The commission tentatively planned a follow‑up special meeting to review amended documents and to decide whether to commit county funds or let the city proceed with removal independently.

Next steps: the county will request a revised invoice and proposed MOU language that spells out cost allocations and contingency options; staff will consult with city counsel and county legal counsel as needed before any MOU is signed.