A-13758, APRIL 10, 1926, 5 COMP. GEN. 818

A-13758: Apr 10, 1926

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VOLUNTARY - CONTRIBUTION FOR CLEANING STREET IN FRONT OF LEASED QUARTERS A PAYMENT MADE BY A POSTMASTER FOR CLEANING THE STREET IN FRONT OF A RENTED BUILDING OCCUPIED BY THE UNITED STATES AS A POST OFFICE UNDER THE USUAL LEASE AGREEMENT IS EITHER A VOLUNTARY CONTRIBUTION FOR A SANITARY OR CIVIC PURPOSE OR AN EXPENSE WHICH SHOULD BE BORNE BY THE OWNERS OF THE BUILDING. IN EITHER INSTANCE IT IS NOT CHARGEABLE TO PUBLIC FUNDS. 1926: THIS OFFICE HAS FOR CONSIDERATION THE QUESTION AS TO WHETHER THERE IS AUTHORITY TO PAY FOR CLEANING THE STREET IN FRONT OF A RENTED BUILDING OCCUPIED BY THE UNITED STATES AS POST-OFFICE QUARTERS AT GIBSON CITY. ARE LEASED TO THE POST OFFICE DEPARTMENT BY AMOS BALL AND HANNAH C.

A-13758, APRIL 10, 1926, 5 COMP. GEN. 818

PAYMENTS, VOLUNTARY - CONTRIBUTION FOR CLEANING STREET IN FRONT OF LEASED QUARTERS A PAYMENT MADE BY A POSTMASTER FOR CLEANING THE STREET IN FRONT OF A RENTED BUILDING OCCUPIED BY THE UNITED STATES AS A POST OFFICE UNDER THE USUAL LEASE AGREEMENT IS EITHER A VOLUNTARY CONTRIBUTION FOR A SANITARY OR CIVIC PURPOSE OR AN EXPENSE WHICH SHOULD BE BORNE BY THE OWNERS OF THE BUILDING. IN EITHER INSTANCE IT IS NOT CHARGEABLE TO PUBLIC FUNDS.

DECISION BY COMPTROLLER GENERAL MCCARL, APRIL 10, 1926:

THIS OFFICE HAS FOR CONSIDERATION THE QUESTION AS TO WHETHER THERE IS AUTHORITY TO PAY FOR CLEANING THE STREET IN FRONT OF A RENTED BUILDING OCCUPIED BY THE UNITED STATES AS POST-OFFICE QUARTERS AT GIBSON CITY, ILL., FROM THE APPROPRIATION "MISCELLANEOUS ITEMS, FIRST AND SECOND CLASS OFFICES, 1926.'

IT APPEARS THAT THE FIRST ASSISTANT POSTMASTER GENERAL, ON JUNE 16, 1925, ADMINISTRATIVELY APPROVED THE EXPENDITURE BY THE POSTMASTER AT GIBSON CITY, ILL., OF $18 FOR CLEANING THE STREETS AND SIDEWALK IN FRONT OF THE POST OFFICE DURING THE FISCAL YEAR ENDING JUNE 30, 1926, AS A CHARGE AGAINST THE APPROPRIATION MADE IN THE ACT OF JANUARY 22, 1925, 43 STAT. 784, WHICH PROVIDES:

FOR MISCELLANEOUS ITEMS NECESSARY AND INCIDENTAL TO POST OFFICES OF THE FIRST AND SECOND CLASSES, $975,000.

THE POST-OFFICE QUARTERS AT GIBSON CITY, CONSISTING OF A ROOM ON THE FIRST FLOOR, WITH BASEMENT, OF THE ONE-STORY AND BASEMENT BRICK PREMISES KNOWN AS THE POST OFFICE BUILDING, ARE LEASED TO THE POST OFFICE DEPARTMENT BY AMOS BALL AND HANNAH C. BALL, HIS WIFE, FOR A TERM OF 10 YEARS FROM JANUARY 11, 1920, AT $1,200 PER ANNUM.

THE POSTMASTER REPORTS THAT SUCH LABOR IS PERFORMED ONLY BY ONE CONTRACTOR, AND THAT THE SERVICES WERE RENDERED UNDER AN ARRANGEMENT WHEREBY THE CONTRACTOR CIRCULATES A PETITION AT THE BEGINNING OF EACH SEASON, THE RATE BEING $2 PER MONTH FOR EACH BUILDING HAVING A 50-FOOT FRONTAGE OR LESS.

THE LEASE REFERRED TO PROVIDES THAT THE OWNERS OF THE BUILDING SHALL EQUIP SAME WITH NECESSARY BOXES, FIXTURES, AND FURNITURE FOR THE USE OF THE POST OFFICE, TOGETHER WITH SATISFACTORY HEAT AND LIGHT, * * * AND HAVING ALL OF THE WAYS OF INGRESS AND EGRESS, WITH ALL OF THE RIGHTS AND PRIVILEGES THEREUNTO BELONGING, FOR THE USE OF THE UNITED STATES, AS AND FOR A POST OFFICE, * * * TO PAY ALL TAXES AND ASSESSMENTS OF EVERY NATURE, INCLUDING WATER RATES, THAT MAY BE LEVIED OR ASSESSED UPON SAID PREMISES * * * AND WILL AT ALL TIMES KEEP SAID PREMISES * * *IN GOOD REPAIR AND CONDITION, TO THE SATISFACTION OF THE PARTY OF THE SECOND PART, (THE UNITED STATES) * * *

THE PAYMENT MADE BY THE POSTMASTER FOR CLEANING THE STREET IN FRONT OF THIS POST-OFFICE BUILDING APPEARS TO HAVE BEEN A VOLUNTARY CONTRIBUTION FOR A SANITARY OR CIVIC PURPOSE. IF NOT A VOLUNTARY PAYMENT, IT WAS AN EXPENSE WHICH SHOULD HAVE BEEN BORNE BY THE OWNERS OF THE BUILDING UNDER THE TERMS OF THE LEASE. IN EITHER INSTANCE IT IS NOT CHARGEABLE TO PUBLIC FUNDS. CONSEQUENTLY, CREDIT WILL NOT BE ALLOWED FOR ANY SUCH PAYMENTS MADE AFTER MARCH 15, 1926, THE DATE THE POSTMASTER RECEIVED NOTICE THAT SUCH PAYMENTS--- FOR WHICH CREDIT THERETOFORE HAD BEEN ALLOWED FOR TWO OR THREE YEARS--- WERE NOT AUTHORIZED.