Attorney Tells Mentone Officials They Owe Railroad
Posted
David Slone-dslone@timesuniononline.com
MENTONE - After studying previous legal cases, Mentone town attorney Larry Beeson told the town council Monday that they will have to pay the railroad afterall.
There are three situations in town, he said, where Mentone utilities cross or follow Norfolk & Southern railroad property. In one of those cases, the utility is on town right of way as well as railroad property so that case is not an issue.In the two other cases, however, Mentone utilities runs on just railroad property and the town will have to pay for leasing it.
Beeson had studied a Supreme Court case to determine if Mentone could avoid paying the lease payment. After review, he said, the case would only apply where the utility is on town right of way as well as railroad property. It does not apply to where town utilities runs just on railroad property.
As well as $5,000 for a one-time lease payment, the railroad wants $660 for two years the town did not pay to use the property. Councilmen Tim Croy and Jack Simpson agreed to pay the $5,660. However, Beeson will contact the railroad and see if that amount can be negotiated for a lesser amount because "we are a poor little town," he said.
Clerk-treasurer Barbara Ross said Verizon has told her the town needs to get insurance for the Verizon tower. However, she said, the town's insurance carrier said the town is only leasing the ground to Verizon and it is not the responsibility of the town to insure the Verizon tower.
Beeson said if he had seen any place in the contract with Verizon where the town would have to insure Verizon's equipment, he would have questioned that part of the contract. Ross told Beeson to review the contract and look into the matter further.
The council agreed to encumber money for the water main on West Johnson Street. Utilities Superintendent Eric Carlin said he didn't think they would get that project finished this year because of the weather.
Carlin also said leaf pickup ended Nov. 21. Leaves now should be boxed, bagged or barreled.
The council will have a year-end special meeting at 6:30 p.m. Dec. 15.
