Brownstown council denies invoice from gas company

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BROWNSTOWN

Which came first — the sewer line or the gas line?

In an alley between Sugar and Water streets in Brownstown, town officials say the sewer line was there first.

That’s why the town council was surprised when a $5,412 invoice from Midwest Natural Gas Corp. of Scottsburg was sent to Brownstown Wastewater Utility Superintendent Scott Hunsucker after the company had to move a gas line that ran over the top of one of the town’s sewer lines. Hunsucker passed the invoice on to Clerk-Treasurer David Willey.

As part of the town’s sewer rehabilitation project, Willey said a manhole had to be installed at the end of the sewer line to be able to slipline it because access was needed at both ends.

That’s when it was discovered the gas line was over the town’s right of way of the sewer line.

The sewer line would have been installed years ago before the gas line was put in, Willey said.

The original bill was for $7,200, but after Willey talked to an official with Midwest Natural Gas, they decided to knock off about $1,800.

“He said if they knew ahead of time that they weren’t going to be paid for the job, they wouldn’t have done it,” Willey said of the official’s comment. “Their line was over our right of way, so it was in our right of way and right over our sewer.”

Town attorney Rodney Farrow advised the council not to pay the invoice because the sewer line was there first. He said whoever originally installed the gas line would have had permission to use the streets and alleyways to run the line, but when it was laid on top of the town’s sewer line, that’s a problem.

The council unanimously voted to deny paying the claim.

“I think it’s kind of presumptuous that they would assume that the town is going to pay for their mistake,” Councilman Gary Drake said.

“It was an accident. It happens, but they still have to fix it. They still have to make good on their mistake,” council President Sally Lawson said. “That can’t be the town’s burden.”

Willey said he mentioned to the company official that they needed to attend a council meeting to explain their side.

Lawson said no one reached out to do that.

“If they are insistent on we’re supposed to pay it, then they need to send a representative here to explain to us why they feel like we need to pay that,” she said. “As far as we understand and as far as we see the issue, they made a mistake. They need to pay and fix it.”

Drake agreed.

“It kind of bothers me that they feel like the town should pay for their mistake, and then they don’t even show up to a meeting,” he said. “They should have come and addressed this board, I feel like. I’m not happy with that all.”

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