B-128951, SEP. 17, 1956
Highlights
TO THE SANITARY DISTRICT OF ROCKFORD: REFERENCE IS MADE TO LETTER OF JULY 19. YOUR CLAIM FOR THE CHARGES BILLED BY YOU WAS DISALLOWED BECAUSE THE CHARGES COVERED A PERIOD SUBSEQUENT TO THE CONVEYANCE BY THE GOVERNMENT IN 1947 OF A CONSIDERABLE PORTION OF THE AREA COMPRISING CAMP GRANT. REFERENCE IS MADE TO THE INSTRUMENTS OF CONVEYANCE. COPIES OF WHICH ARE ON FILE IN OUR OFFICE. IT IS STATED THAT THE BILLING IN QUESTION ACCRUED PRIOR TO THE DATE OF SUCH TRANSFER. IT IS NOTED FROM YOUR STATEMENTS THAT THE GREATER ROCKFORD AIRPORT AUTHORITY ACCEPTED THE CONVEYANCE AS OF NOVEMBER 25. YOU APPARENTLY CONCEDE THAT THE GOVERNMENT IS NOT OBLIGATED TO PAY FOR SEWAGE DISPOSAL SUBSEQUENT TO THE DATE OF TRANSFER OF THE LAND.
B-128951, SEP. 17, 1956
TO THE SANITARY DISTRICT OF ROCKFORD:
REFERENCE IS MADE TO LETTER OF JULY 19, 1956, FROM YOUR DISTRICT ENGINEER, IN EFFECT, REQUESTING REVIEW OF OUR SETTLEMENT DATED MAY 18, 1956, WHICH DISALLOWED A BALANCE OF $505 ALLEGED TO BE DUE FOR CERTAIN SEWAGE DISPOSAL SERVICES FURNISHED AT CAMP GRANT, ILLINOIS, AFTER APPLYING A PRIOR OVERPAYMENT OF $350 BY THE UNITED STATES FOR SIMILAR SERVICES FURNISHED DURING THE MONTH OF JUNE 1946, UNDER CONTRACT NO. W 6116-QM-4, AS STATED IN OUR DEMAND LETTER DATED JULY 6, 1956.
THERE APPEARS TO BE NO DISPUTE AS TO THE REPORTED OVERPAYMENT OF $350 MADE TO YOU ON VOUCHER NO. 14973, JULY 1946 ACCOUNTS OF COLONEL JOHN L. SCOTT, F.D. HOWEVER, WITH REGARD TO THE AMOUNT OF $855 CLAIMED TO BE DUE YOU FOR SEWAGE CHARGES, THE FILE CONTAINS A COPY OF YOUR BILL DATED APRIL 29, 1949, ON WHICH YOU LISTED THE FOLLOWING ITEMS: (1) BILLED FEBRUARY 1, 1948--- $435; (2) ONE YEAR AT THE MINIMUM CHARGE OF $30 PER MONTH--- $360; AND (3) TWO MONTHS (MARCH AND APRIL 1949) AT $30 PER MONTH--- $60.
YOUR CLAIM FOR THE CHARGES BILLED BY YOU WAS DISALLOWED BECAUSE THE CHARGES COVERED A PERIOD SUBSEQUENT TO THE CONVEYANCE BY THE GOVERNMENT IN 1947 OF A CONSIDERABLE PORTION OF THE AREA COMPRISING CAMP GRANT, WHICH INCLUDED, AMONG OTHER THINGS, THE SEWAGE DISPOSAL SYSTEM, TO THE GREATER ROCKFORD AIRPORT AUTHORITY FOR USE AS AN AIRPORT. IN THE LETTER REQUESTING REVIEW, REFERENCE IS MADE TO THE INSTRUMENTS OF CONVEYANCE, COPIES OF WHICH ARE ON FILE IN OUR OFFICE, AND IT IS STATED THAT THE BILLING IN QUESTION ACCRUED PRIOR TO THE DATE OF SUCH TRANSFER. IT IS NOTED FROM YOUR STATEMENTS THAT THE GREATER ROCKFORD AIRPORT AUTHORITY ACCEPTED THE CONVEYANCE AS OF NOVEMBER 25, 1947, AND YOU APPARENTLY CONCEDE THAT THE GOVERNMENT IS NOT OBLIGATED TO PAY FOR SEWAGE DISPOSAL SUBSEQUENT TO THE DATE OF TRANSFER OF THE LAND. THUS THE MATTER RESOLVES ITSELF INTO A QUESTION AS TO WHETHER THE AMOUNT OF $855 CLAIMED COVERS A PERIOD PRIOR TO THE CONVEYANCE BY THE GOVERNMENT OF THE LAND TO THE GREATER ROCKFORD AIRPORT AUTHORITY.
IT WILL BE NOTED FROM YOUR ITEMIZATION APPEARING ON THE BILL OF APRIL 29, 1949, THAT THE AMOUNT OF $60 FOR MARCH AND APRIL 1949 WOULD NOT BE A VALID CHARGE AGAINST THE GOVERNMENT. PRESUMABLY THE SECOND ITEM OF $360 ON THIS BILL COVERS THE YEAR IMMEDIATELY PRIOR TO MARCH 1949, OR FROM MARCH 1, 1948, TO FEBRUARY 28, 1949. THE BALANCE OF $435 CLAIMED IS MERELY LISTED AS "BILLED FEBRUARY 1, 1948" AND NO SHOWING HAS BEEN MADE AS TO WHAT PERIOD THIS CHARGE COVERS. THUS INSOFAR AS THE RECORDS OF OUR OFFICE ARE CONCERNED, THERE IS NO BASIS FOR CONCLUDING THAT THE AMOUNT OF $855 IS A PROPER CHARGE AGAINST THE GOVERNMENT AND AGAINST WHICH THE ACKNOWLEDGED OVERPAYMENT OF $350 MAY BE SET OFF.
ACCORDINGLY, UPON THE PRESENT RECORD THE ACTION TAKEN BY OUR OFFICE IN THE SETTLEMENT OF MAY 18, 1956, AND THE DEMAND LETTER OF JULY 6, 1956, IS SUSTAINED.