On January 23, 2017, City Council awarded W.O. 14-11, Water Reclamation Facility (WRF) Nutrient Upgrade, Expansion and Improvements project to Sletten Construction.  City Staff is requesting that City Council approve a License Agreement and Perpetual Right-of-Way Easement between the City of Billings and Yellowstone County for new project work on the MetraPark grounds.  The License Agreement is necessary to allow the project contractor to gain legal access to the MetraPark grounds for the purpose of facility and pipeline construction and staging of materials and equipment.  The Perpetual Right-of-Way Easement is necessary for the City to secure perpetual access to new sanitary sewer facilities and pipelines to be constructed on the MetraPark grounds adjacent to and across Alkali Creek into the WRF site.  

In addition to securing easement area needed to construct the current project facilities, the Perpetual Right-of-Way Easement is intended to replace and supercede the 1947 Lease Agreement between the City and the County with respect to responsibilities for the existing sewer lines, wastewater treatment plant and access road which are located on Yellowstone County property.

City Council may:

• Approve the Perpetual Right-of-Way Easement and License Agreement between the City of Billings and Yellowstone County, or;
• Disapprove the easement and agreement.

If the easement and agreement are not approved, the City will not be able to legally construct and maintain the new sewer facilities for the Water Reclamation Facility Nutrient Upgrade, Expansion and Improvements project.

There is no financial impact associated with the Perpetual Right-of-Way Easement and License Agreement between the City of Billings and Yellowstone County.

Staff recommends that the City Council approve a Perpetual Right-of-Way Easement and License Agreement between the City of Billings and Yellowstone County.