In the past there has been no clear policy for the granting of easements in City parklands.  Easements that were granted were vague with no clearly established guidelines and expectations.  The purpose of this policy is to establish a guide for the granting of easements for utility installations across or in parklands in the City of Billings. This policy will apply to all requests for easements in the City owned parklands by utility companies.  Parkland is different from other City owned properties by nature of the high level and variety of uses by the general public.  Safety of the public, utility personnel and city staff is of paramount importance.  Therefore, by establishing this Utility Easement Policy it will provide a way for PRPL Staff to establish communication channels with utility companies, work with the utilities to minimize damage in parks, ensure parkland is  properly restored, optimize the usability of parkland for programming of recreational activities and general use by the public while at the same time accommodating utility easements, recover all staff and restoration costs incurred by the City and provide a safe environment for all users of parkland and facilities. 

On Monday April 6th PRPL Staff made a presentation at the Council Work Session to discuss the easement policy and receive Council direction.  At that time a draft copy of the Easement Policy and the Easement Document were distributed to Council members for their review.  The attached documents reflect minor edits to clarify responsibilities of contractors, their sub-contractors and agents, employees etc. as well as comments made by utility company representatives.  Those recent changes are indicated by underline and strike through sections of the documents.        

City Council may:

• Approve the Policy and Easement Document for utility easements in City parks, or;
• Disapprove the policy and provide Staff with additional direction.

There will be no financial impact to the City.  Implementation of the easement policy is intended to cover all direct costs associated with granting and administering easements in parklands by PRPL Staff.

Staff recommends the adoption of the Policy on Utility Easements in City Parks and the associated Easement Document for utility installations across or in parklands in the City of Billings.