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Daniels County seeks MOU changes after draft would assign tower decommissioning liability to county
Summary
Daniels County officials reviewed a proposed MOU with the City of Billings to decommission a communications tower and raised objections to a clause that would make the county responsible for damages; they requested itemized costs, a not‑to‑exceed invoice and clearer insurance language from Red Tail Communications.
Daniels County commissioners spent the bulk of their Nov. 22 special meeting reviewing a proposed memorandum of understanding with the City of Billings to decommission a radio communications tower and transfer the structure to Daniels County.
County officials said one provision in the draft MOU—Section C—appeared to make the county responsible for any damages that occurred during decommissioning and removal. "There's one section C on the first page ... that will absolutely stop us from agreeing to this," a commissioner said, adding later, "if anything hits any City equipment we're responsible for it that that ain't going to happen." Red Tail Communications representative Brian, who joined by phone, agreed the allocation of risk needed clarification and recommended that the contractor's insurance or the crane operator cover decommissioning risks.
Officials discussed cost estimates and how to record them. Brian cited Daniels County's share at roughly $5,595 and described crane and labor quotes; commissioners asked that figures be incorporated into an amended invoice or explicitly itemized in the proposal rather than leaving the MOU language open‑ended. County staff and the city's representative said Red Tail should amend its invoice to show "not to exceed" amounts for the items the county would pay.
The discussion covered additional technical and logistical questions: county members asked for photographs and the tower's specification sheet, sought confirmation on section lengths (reported in the meeting as mostly 20‑foot sections with a 10‑foot top section) and requested the total weight so they could plan transportation and hauling. Brian agreed to provide spec sheets and to follow up with details such as number of sections and weights.
Commissioners also pressed the city and Red Tail on a clause stating the county had inspected and accepted the tower's condition. "If in the deconstruction we come to realize that's not true ... I would think you'd have good standing to say we're not liable to complete the purchase," one commissioner said; Brian said the county could document discovered defects and revisit obligations if the tower proved unsafe.
Timing was also debated. The draft MOU included a "time is of the essence" clause; county officials asked for clearer delivery and removal windows given winter weather risks. Priscilla, a City of Billings contact participating in the call, said the city did not expect the MOU language to be substantially revised but that invoice amendments and clarifying language from Red Tail could address some county concerns. Commissioners planned to request Red Tail and city counsel to provide revised language ahead of a potential special meeting on Nov. 26.
No formal vote on the MOU occurred at the Nov. 22 meeting. Commissioners asked staff to seek amended invoices, clarified which costs would be the county's responsibility and discussed alternative paths—letting the city complete removal without county purchase, or acquiring the tower only after confirming condition and cost. County officials also explored whether fiber optic options or other backup technologies might be preferable to accepting and maintaining the tower.
The commission left the matter open pending written amendments and additional technical specifications from Red Tail and follow‑up with the City of Billings and legal counsel.
