HomeMy WebLinkAboutAgenda Report - November 6, 1985 (77)nx�n Vr uiLy Llerx xe.z.mcne presenLea veriziea l OIIplainL
FILED AGAINST CITY for Breach of Contract No. 169313 filed against
BY PG&E the City of Lodi by Pacific Gas and Electric
Canpany .
Nov 5.1985
NAME AND ADDRESS OF ATTORNEY TELEPHONE NO FOR COURT USE ONY.
HOWARDS V. GOLUBCHARLET. VAN DEUSEN (415) 541 —6669 RECEIVED
JOHN N. FRYE
SHIRLEY A. SANDERSON (fl�j NOY -S PSI It 27
P. O. Box 7442, San Francisco, CA 94120
ATTORNEY FOR (Name; PACIFIC GAS AND ELECTRIC COMPANY ALICE M,�+y�IYC�:
insert name Of cowl. r -"l district Or branch COU". it any, and Post Office and Street Address CITY CI_F RK
San Joaquin County Superior Court LOM
222 East Weber Avenue
P. O. Box 81T
Stockton, CA 95201
PLAINTIFF
PACIFIC GAS AND ELECTRIC COMPANY
DEFENDANT
CITY OF LODI, a municipal corporation; and ROES 1-40,
Red Companies 1-40
SUMMONS
CASE NUMSERJ.6!1313
NOTICII You haw been sued. The court claw docido LAvlsOt usted ha side demanelado. EI tribunal (oueele
agalnel you without your being heard unless you respond dxidir contra Sid. sin audlencla a [rens quo Ud re -
within 30 days. Read the Information below. *ponds dsntro de 30 dims. Les In informsel6n quo slgue.
If you wish to seek the advice of an attorney in this Si Usted doses solicitar el consejo de un abogado on
matter, you should do so promptly so that your written erste asunto. deberia hacerlo inmediatamente. de We
response, it alrly. may be filed on time. manera. su respuesta escrita. si hay alguna. puede ser
registrada a tiempo. _
.ti
1. TO THE DEFENDANT: A civil complaint has been filed by the plaintiff against you. if.you wish to defend this lawsuit.
you must. within 30 days after this summons is served on you. file with this court a written response to the complaint.
Unless you do so, ytour default will be entered on application of the plaintiff. and this court may enter a judgment
against you for the relief demanded in the complaint. which could result in garnishment of wages. taking of money
or property or other relisf requested in the complaint.
h
DATED: 8AR ) 1 1963 . . . . . . . Glide, By MART.DURR(1R2. _ _ .deputy F
[(SEAL)
2. NOTICE TO THE PERSON SERVED. You are served
a As an individual defendant.
b. [ As the person sued under the fictitious name of
c.r`c]On behalf of: The City of Lodi, a public entity
Under' r _ j CCP 416.10 (Corporation) (_1 CCP 416.60 (Minor)
[� CCP 416.20 (Defunct Corporation) CCP 416.70 (incompetent)
CCP 416.40 (Association or Partnership) [] CCP 416.90 (individual)
[Other: CCP. 416.50 (public entity)
d. LI_Z] Sy personal delivery on (Date):. I. . . . . . . . . .
A written rlp&Wle mull be in the form prescribed by 1M Celetorna Rules Of Court M malt be toW in this eOurt with the prOpar l" fee and proof ,.
01 swvees of a copy on each plaintiff • attorney and On tech plaeMltl rpt retXesented by an attorney The terho whom a summons 4 deemed setwed
Ot party may wary depanderp On the neethop Of sarvKe Fov eeample. see CCP413 10 through s1S SO The word ..compilint .wtludes clogs-comptarhl.
r0=11 . w4haOse cross-complainant defendant includes cross-defendant. tht arngutat includoo the plural
i
Form Adppted bT Rule 982 (tel rawetst ra Pope[ N owe) =salt
Jud:tal Cones 01 CoMprna CCP,612 20 at2 t0 �
Otevrsed Ettectrve January t. t$?o �, 22 Q8 SUMMONS
;: 11510
PROOF Of SERVICE
(Use separate proof of service for each person served)
1. t served the
a. Q summons ® complaint Q amended summons Q amended complaint
b. On defendant (Name): City of Lodi
C. By serving (1) Q Defendant (2) ® Other (Name and title or relationship to person served):
Ms. Alice M. Reimche, Clerk of City of Lodi
d. ® By delivery at Q home ® business (1) Date of:
(2)Time of: (3)Address: 221 West Pine Street
Lodi, Calif:ornia
e. Q By mailing (1) Date of: (2) Place of:
2. Manner of service: (Check proper box)
a. Q Personal service. By personally delivering copies. (CCP 415.10)
b• Q Subetigrted service on corporation, unincorporated association (including partnership), or public entity. By
leaving. during usual office hours, copies in the office of the person served with the person who apparently
was in charge and thereafter mailing (by first-class mail. postage prepaid) copies to the person served at
the place where the copies were left. (CCP 415.20(a))
C. Q Subetlt led service on natural person, minor, Incompelent. or candideto. By leaving copies at the dwelling
house. usual place of abode. or usual place of business of the person served in the presence of a competent
member of the household or a person apparently in charge of the office or place of business. at least 18
years of age, who was informed of the general nature of the papers. and thereafter mailing (by first-class
mail. postage prepaid) copies to the person served at the place where the copies were left. (CCP 415.20(b))
(AQUeh separate declaration or affidavit stating ads relied on to establish reasonable dillgence In first
she i lU69 personal sevirtce.)
d• Q /(1afl and acknowledgment service. By mailing (by first-class mail or airmail) copies to the person served,
together with two copies of the form of notice and acknowledgment and a return envelope, postage prepaid.
addressed to the sender. (CCP 415.30) (Attach conWk ted acknowledgment of recelpt.)
e. Q Cerglled or registered mail aortic, By mailing to address outside California (by registered or certified airmail
with return receipt requested) copies to the person served. (CCP 415.40) (Attach signed return receipt or
a4Mr evidence of actual delhwy to the person served.)
f. Q Other (Spccity code section):
(3 Additional page is attached.
3. The notice to the person served (Item 2 on the copy of the summons served) .was completed as follows (CCP
412.30, 415.10. and 474):
a. Q As an Individual defendant.
b. Q As the person sued under the fictitious name of: . . . . .
c. ® On behalf of:. . The .City. of Lodi, a. public . entity .
Under: [] CCP 416.10 (Corporation) Q CCP 416.60 (Minor). Mother: CCP 416.50
(� CGP 416.20 (Defunct corporation) CCP 416.70 (incompetent)
[� CCP 416.40 (Association or partnership) CCP 416.90 (individual)
d. ® By personal delivery on (Date):. . . . . . .
4. At Me time of service I was at least 18 years of age and not a party to this action.
5. fee for service: S . . . . . .
6. Person serving e. Q California sheriff. marshal. or constable.
a. CD Not a registered California process server. f. Name. address and telephone number and
b. J Registered California process server. if applicable. county of registration and number:
c. Q Employee or independent contractor of a
registered California process server.
d. Q Exempt from registration under Bus. d Prot.
Code 223Wb)
I declare under penalty of perjury that the foregoing (For California sheriff, marshal or constable use only)
is true and correct and that this declaration is executed I certify that the foregoing is true and correct and that
on (Date): . . . . . . . . . . . at (Place): this certificate is executed on (Data):. . . . . . . .
. . • • . • • . • • . . . . . . . . . California. at (Place): . . . . . . . . . . . .. California.
J
r (Signatury (Signature)
A daA -lion un4w
an aHlilmd N fea%*4
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of Penury ret 1 signed ,*I
or.1W& slate that authomes use {-'-" Olpictaratwn in ptac* of an &MOBvit. ottleran ie
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CHARLES T. VAN DEUSEN
HOWARD V. GOLUB
JOHN N. FRYE
SHIRLEY A. SANDERSON
P. O. Box 7442
San Francisco, California 94120
Telephone: (415) 541-6669
Attorneys for Plaintiff
PACIFIC GAS AND ELECTRIC COMPANY
N
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M-10,
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN JOAQUIN `
PACIFIC GAS AND ELECTRIC ) '1��,�'�
COMPANY, ) NL, .
s.
Plaintiff, ) VERIFIED COMPLAINT FOR s
BREACH OF CONTRACT ='
VS..
).
CITY OF LODI, a municipal )
corporation; and ROES 1-40, )
Red Companies 1-40, )
Defendants. )
Plaintiff Pacific Gas and Electric Company;
(hereinafter "PGandE"), a corporation, alleges. as follows:
FIRST CAUSE OF ACTION
(Breach Of Contract) a
1. At all times mentioned herein PGandE was and 3
now is a public utility corporation in good standing, duly
organized and existing under and by virtue of the laws of.
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the State of California, doing business in California, and
whose principal place of business is the City and County of
San Francisco.
2. At all times mentioned herein, the City of
Lodi ("City") was and now is a municipal corporation
situated in San Joaquin County and organized and existing
under and by virtue of the laws of the State of California.
3. Defendants Roes 1 through 40, and Red
Companies 1 through 40, are sued herein under fictitious
names, their true names and capacities being unknown to
PGandE. When their true names and capacities are
ascertained, PGardE will amend its complaint to include said
true names and capacities.
4. At all times mentioned hcrein Roes 1-40 were
individuals. t
5. At all times mentioned herein defendants Red
Companies 1-40 were municipal corporations, partnerships,
joint ventures or other business entities licensed to do and
doing business in the State of California.
6. At all times mentioned herein all of the..
defendants were each the employees, servants, agents and
joint venturers of the other defendants and acting within
the scope of their employment, service, agency and joint
venture and each is legally responsible for the acts and
omissions of the othe_3.
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the State of California, doing business in California, and
whose principal place of business is the City and County of
San Francisco.
2. At all times mentioned herein, the City of
Lodi ("City") was and now is a municipal corporation
situated in San Joaquin County and organized and existing
under and by virtue of the laws of the State of California.
3. Defendants Roes 1 through 40, and Red
Companies 1 through 40, are sued herein under fictitious
names, their true names and capacities being unknown to
PGandE. When their true names and capacities are
ascertained, PGardE will amend its complaint to include said
true names and capacities.
4. At all times mentioned hcrein Roes 1-40 were
individuals. t
5. At all times mentioned herein defendants Red
Companies 1-40 were municipal corporations, partnerships,
joint ventures or other business entities licensed to do and
doing business in the State of California.
6. At all times mentioned herein all of the..
defendants were each the employees, servants, agents and
joint venturers of the other defendants and acting within
the scope of their employment, service, agency and joint
venture and each is legally responsible for the acts and
omissions of the othe_3.
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1 7. On or about April 1, 1970, plaintiff and the
2 City entered into a written contract in which plaintiff
3 agreed to sell and deliver to the City, and the City agreed
4 to purchase and receive from plaintiff all of the electric
5 capacity and energy required by the City for its own use and
6 for resale to its c�tomers. The contract was amended in
7 writing in ways not relevant to this complaint on April is,
8 1981. Certain amendments have been proposed which likewise
9 are not relevant to this complaint. The contract was and is
10 now in full force and effect. The contract and amendment
11 are attached to this complaint as exhibits A and B, and are
12 expressly incorporated into this complaint by reference as
13 though fully set forth.
14 8. The contract has been accepted for filing by
15 the Federal Energy Regulatory Commission ("FERC").
16 9. Pursuant to the contract, the..City's
17 electricity requirements were and are provided solely by
18 PGandE.
19 10. Plaintiff delivered to defendant bills for
20 electricity sold and delivered to defendant. during
21 May -September 1982.
22 11. Defendant has breached the contract by.;'
23 refusing and failing to pay the major portion of each of:
24 said bills.
25 12. Plaintiff has fully performed all of its
26 obligations under the contract..
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1 13. As a proximate result of defendant's breach
2 of contract, plaintiff has been damaged in a sum in excess
3 of the jurisdiction of the superior court, plus interest
4 thereon at the statutory rate. Plaintiff will amend this
5 complaint to set forth any future, unascertained, or
6 consequential damagesas they are incurred.
7 14. *On or about July 30, 1982, plaintiff filed a
8 claim for money based on nonpayment of the May bill with the
9 city clerk pursuant to provisions of the Government Code. A
10 copy of the claim is attached as exhibit C, and incorporated
11 by reference. The filing of this claim is not an admission
12 by plaintiff that such claim was required to be filed, nor
13 is it a waiver by plaintiff of any right it may have to have
141. the issue adjudicated.
15 15. On or about November 1, 1982, plaintiff filed
16 an amended claim for money based on nonpayment of the.
17 May -September bills with the city clerk pursuant to
18 provisions of the Government Code. A copy of the claim is
19 attached as exhibit D, and incorporated by reference. The
20 filing of this claim is not an admission by plaintiff that
2a. such claim was required to be filed, nor.is it a waiver by
22 plaintiff of any right it may have to have the issue
23 adjudicated.
24 16. The City has failed to act on these claims`
2 within the period of 45 days after presentation, and they
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were thus
deemed rejected, under the provisions of section
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912.4 of the Government Code.
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WHEREFORE, plaintiff prays judgment for:
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damages for nonpayment of bills;
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interest at the maximum rate permitted by law;
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costs of suit; and
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such other and further relief as the Court may
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deem proper -
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Dated: March 9, 1983.
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Respectfully submitted,
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CHARLES T. VAN DEUSEN.
HOWARD V. GOLUB
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JOHN N. FRYE
SHIRLEY A. SANDERSON
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SHIRLEY SANDERSON
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Attorneys for Plaintiff
PACIFIC GAS AND ELECTRIC COMPANY:
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VERIFICATION
I, the undersigned, say:
I am an officer, to crit, Vice President and
Corporate Secretary of Pacific Gas and Electric Company, a
corporation, and am authorized to make this verification for
and on behalf of said corporation, and I make this
verification for that reason; I have read the foregoing
pleading and I am informed and believe the matters therein
are true and on that ground I allege that the matters stated
therein are true.
I declare under penalty of perjury that the
foregoing is true and correct.
Executed on March 10, 1983, at San Francisco,
California.
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VERIFICATION
I, the undersigned, say:
I am an officer, to crit, Vice President and
Corporate Secretary of Pacific Gas and Electric Company, a
corporation, and am authorized to make this verification for
and on behalf of said corporation, and I make this
verification for that reason; I have read the foregoing
pleading and I am informed and believe the matters therein
are true and on that ground I allege that the matters stated
therein are true.
I declare under penalty of perjury that the
foregoing is true and correct.
Executed on March 10, 1983, at San Francisco,
California.
AGREEMENT FOR SALE OF ELECTRIC POWER AND ENERGY
BY PACIFIC GAS AND ELECTRIC COMPANY TO CITY OF LODI
THIS AGREEMENT is entered into by and between CITY OF LODI, a
California municipal corporation, situated in the County of San Joaquin,
State of California, hereinafter called City, and PACIFIC GAS AND ELECTRIC
COMPANY, a California corporation, hereinafter called PGandE.
RECITALS:
City now purchases electric power and energy from PGandE under a
contract dated December 1, 1955, as amended, which provides for deliveries and
metering at 12,000 volts and which contract will expire May 13, 1970.
City is modifying its electric distribution system so that all of its
parer requirements related thereto may be purchased at a nominal _,lrcromotive
force of 60,000 volts.
City has requested PGandE to furnish City with such electric power
and energy as may be required by City with delivery and metering at 60,000 volts.
PGandE is willing to comply with City's said request subject to the
terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the premises and mutual promises
of the parties contained herein, it is agreed as follows:
1. PGandE shall sell to City and City shall purchase from PGandE all
the electric power and energy required by City.
. 2. PGandE shall, as an accommodation, also deliver to City electric
power for City's use in the operation of City's
(a) Pumping Plant No. 10, located one-half mile east of Mells
Lane and one-half mile north of Victor Road (near Guild Vinery).
EXHIBI3`
': Z I A 09447
(b) Pumping Plant No. 11, located on the east side of the right
of way of Central California Traction Company between Victor Road and East Pine
Street,
(c) White Slough Sewage Treatment Plant located one-half mile
west of Thornton Road, approximately three miles south of Highway 12, all of
which are outside the corporate limits of the City.
Electric power so delivered shall be metered by PGan6E's meters at
480 volts. The quantities of electric power so measured shall be adjusted by
adding 4 percent for transformer and line losses, and such adjusted quantities
shalt be added to the quantities of electric power delivered to City at 60,000
volts.
3. The rates, charges, and conditions to be used in determining the
billing hereunder shall be those set forth in PGandE's Schedule R attached and
made a part hereof marked Exhibit "A", except that the last sentence of Special
Condition (b) entitled "Demand" shall not apply. Following the acceptance for
filing of this agreement by the Federal Power Commission, PGandE shall have the
right, from time to time, to make additional filings to place into effect increases
or decreases in said rates and/or charges, and this agreement shall constitute
consent to such unilateral filings by PGandE, provided, however, the City may, at
its discretion, protest the reasonableness of any such proposed increased rates
and/or charges.
4. All electric power furnished hereunder shall be supplied and paid
for in accordance with the tests and conditions set forth in Exhibit "B", attached i
and made a part hereof.
S. City shall installs own, operate, and maintain, at its expense,
the necessary facilities to receive the power being purchased hereunder.
EXHIBIT A- i
09448
6. All of City's electric capacity and energy requirements shall be
delivered at what is commonly designated as three phase, alternating current
with a nominal fregv--ncy of sixty (60) hertz, slight variations in frequency to
be allowed. All such deliveries shall be made by PGandE, over PGandE's facilities,
to and received by City at the point where the electrical conductors of PGandE
connect to those of City, at City's Thomas Killelea Substation located at 545
East Locust Street, and shall be delivered and metered at nominal voltage of
60,000 volts.
In order to provide the 60,000 volt service to City, PGandE will be
required to perform, at a presently estimated cost of $32,000, certain related
line, substation, and 60,000 volt meter installation work, all of which is gener-
ally described as follows:
(1) Relocate a 60,000 volt oil switch and other related work.
(2) Install steel pole and extend conductors 55 feet to City's
60,000 volt bus.
(3) Install 60,000 volt metering current and potential trans-
formers.
(4) Connect current transformers on City's total breaker into
PGandE's Bus Relay Scheme.
7. In the event that City requests PGandE to make deliveries at a
location and/or a voltage other than as provided for herein. PGandE will endeavor
to comply with such request upon terms and conditions to be mutually agreed upon.
S. In the event all or any portion of the facilities installed by
PGandE described in Paragraph 6 above, or installed by PGandE under Paragraph 9
below, or any new electrical transmission or substation facility or portion thereof
which PGandE has commenced to install or has installed to provide electrical
service to City is rendered idle by reason of the termination of this agreement
EX IBIT A- i
�9�l9
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by City, prior to the expiration of seventy-two(72) months from and after the
date of commencement of construction of such facilities, then said facilities
shall be deemed to have been installed on a temporary basis and City shall pay
to PGandE, on demand, cancellation charges consisting of the (estimated) installa-
tion cost, plus the estimated removal cost less the estimated salvage value of
each said facility, including revenue metering, actually removed, which is not
then necessary or useful in serving other customers of PGandE. The cancellation
charge for any such facility used thirty-six (36) months or more to serve the
City's electric requirements shall be reduced by 1-2/3% each month in excess of
twelve (12) months that the facility was used.
9. PGandE shall furnish andA nstall metering equipment necessary to
measure the electricity delivered by PGandE. This metering equipment shall be
installed at locations mutually agreed upon by the parties. Metering points
once established shall not be changed except by mutual agreement.
10. This agreement shall be effective on the date deliveries to City
at.60,000 volts commence and shall remain in effect until terminated by either
party on six (6) months advance written notice.
11. If any facility for which cancellation charges have been paid and
which has not been removed thereafter becomes useful in serving other customers
of PGandE, the cancellation charge attributable to such facility will be re-
funded, without interest, to the extent it exceeds 1-1/4x of the installed
capital cost of said facility times the number of whole months between the date
of termination and the date that service is commenced to such other customers.
PGandE shall not install any new transmission or substation facilities for the
use hnd benefit of City to which cancellation charges would be applicable,
without prior consent of City for such installation, provided, however, that if
EXHIBIT A - : s
•
09450
City withholds its consent, PGandE will be relieved of any obligation to
provide service to City under this agreement for which such facilities would
have been required, except as PGandE may be required to provide service by
.any court or commission having jurisdiction.
12. This agreement shall, at all times, be subject to such changes
or modifications as the Federal Power Commission may, from time to time. direct
in the exercise of its jurisdiction.
13. This agreement cancels and swpersedes that certain agreement
between PGandE and City, dated December 1, 1955, as amended.
14. Any notice, demand, or request required or authorized by this
agreement shall be deemed properly given if mailed. postage prepaid, to PGandE
directed to Pacific Gas and Electric Company at 245 Market Street, San Francisco.
California, and to City directed to City Manager at City Mall, City of Lodi,
California, on behalf of PGandE. The designation of the person to be notified
or the address to which the notice is to be mailed may be changed at any time
by similar notice.
• IN WITNESS WHEREOF, the parties hereto have executed these presents
this ' a day of 1970.
ATTEST
"rk
ate:Fz . co�c
2"M cora UCK MUM
µ r
CITY.OF LODI
Ay.
A IFIC AS D ELECTRI COMPANY.
By
enior ice Pre i ent
and by
Sec
AMENDING AGREEMENT
TO THE
AGREEMENT
FOR THE SALE OF ELECTRIC POT4r-R AND -ENERGY
THIS AMENDING AGREEMENT is made by and between the
CITY OF LODI, a California municipal corporation situated
in the County of San Joaquin, 'State, of California (Lodi)
and PACIFIC GAS AND ELECTRIC COMPANY (PGandE).
RECITALS:
_ t
A. Lodi presently purchases all of its electric
I:
C. NCPA has entered into a contract dated April 14, 1931 Unte=uptible
TxiAns-mission Service Contract between Pacific Gas and
Electric Company and Northern California Power Agency) with
PGandE for interruptible transmission service for such
Northwest Energy to NCPA member cities, in amounts as shall
from time to time be designated by NCPA under provisions of
the Transmission Contract.
D. Lodi has contracted with NCPA to allow NCPA to act
on Lodi's behalf in arranging with PGandE for the transmission
of such Northwest Energy from the California -Oregon border to
PGand£'s existing electric delivery point for Lodi.
E. Lodi has requested that the 1970 Agreement be
amended to accommodate the delivery of Northwest Energy to
Lodi.
F. PGandE is willing to accommodate Lodi°s request.
NOUI, THEREFORE, IT IS MUTUALLY AGREED THAT THE 1970
AGREEMENT SHALL BE AMENDED AS FOLLOWS:
2. Section 1 on Page 1 is deleted and the following
now Section 1 is substituted therefor:
t
Lodi except for such Northwest Energy as may from time to
time be delivered by PGandE to Lodi under the provisions
of the NCPA-PGandE Interruptible Transmission Service
Contract."
2. Sections 3 and 4 on Page 2 are hereby deleted and
the following new Section 3 is substituted therefor:
(3) For the purpose of this Amending Agreement, a
monthly bill based on the total metered quantity of
Power delivered by PGandE to Lodi will be prepared
under PGandE's FERC tariffs. Because precise informa-
tion regarding deliveries of Northwest Energy to desig-
nated member cities will not be made available to PGandE
by AICPA during the instant billing period, any credits,
due Lodi as provided in the DCPA-PGandE Interruptible
Transmission Service Contract, will be applied to
PGandE's next regular monthly Power bill to Lodi. Such
credits will be based on the rates and charges in effect
during the billing period during which the deliveries of
Northwest Energy were supplied to Lodi."
3. This Amending Agreement shall be effective on the
date it is permitted to become effective by FERC but not
prior to the effective date of the AICPA-PGandE Interruptible
Transmission Service Contract: This Amending Agreement shall
remain in effect coincident with the terms of the 1970 Agreement
EXHIBIT E
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and the NCPA-PGandE Interruptible Transmission Service Contraet,
provided, that this Amending Agreement shall automatically
terminate on the date of initial delivery of Power by or
for.NCPA to Lodi under a new interconnection contract be-
tween NCPA and PGandE for NCPA's geothermal projects which
provides similar transmission services; provided further,
this Amending Agreement is expressly conditioned upon accep-
tance by MRC of all provisions hereof, without change or
condition and will not become effective unless so accepted.
4. PGandE shall file this Amending Agreement with FERC
in a timely manner and shall diligently prosecute such pro-
ceedings.
S. Nothing contained herein shall be construed as
affecting in any way the right of PGandE, in furnishing
service under provisions of the Agreement to unilaterally
make application of FERC for a change in rates, under Section
205 of the Federal Power Act and pursuant to FERC Rules and
Regulations promulgated thereunder. However, Lodi may at
its discretion, protest the reasonableness of any such proposed
Increase in rates and/or charges.
Dated this 15th day of April lg $1
ATTEST:
i `i w
ce M. Reimche
City Clerk
PACIFIC CCAS AND ELECTRIC C014PANY
By
MAlMABER COWSZRaAL IDCPARTWIM
i
EXIIIBIT
..F.. � .'k:: y.}t ice.: 15:15'., •�d�,.�n_.- "'
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RECa"EIYFD
Claim of
PACIFIC GAS AND ELEC'MCROWASS, I= W
Cum FOR HONEY FOR
Claimant, ALl'6E M. RENCK) yoNPAYMENT OF BILLS
• CITY CLERK ) Gov. code ; 1
vs. CITY OF LOD: )
CITY OF LODI, a municipal i
corporation. )
)
TO: MS. ALICE M. REIMCHE
CLERK OF THE CITY OF LODI
City Hall
221 West Pine Street
Lodi, California 95241
PLEASE TAKE NOTICE that Pacific Gas and Electric
Company ('WandE"), whose principal place of business is
located at 77 Beale Street, in the City and County of San
Francisco, State of California, claims money from the City
of Lodi ("City"), a municipal corporation, in the amount,.
computed as of the date of presenting this claim, of
$504,536.71, plus interest at the maximum rate permitted by
law.
Claimant entered into a written contract with the
City on or about April 1, 1970, whereby the claimant agreed
to sell and the City agreed to buy all the electricity
required by the City for its own use and for resale to its
customers. This contract has been amended in ways not
relevant to this controversy.
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The April 1, 1970, contract is now, and at all
times herein mentioned was, in full force and effect.
Pursuant to said contract, during the month of May
1982, claimant delivered and sold its electric -power and
energy to the City in the amounts demanded by the City.
As a consequence thereof the City became indebted
to claimant in the total sum of $704,058.21.
Bills in this amount, copies of which are attached
hereto, were presented to the City on or about June 17,
1982.
Said bills are now past due, but the City has
unlawfully refused and failed to pay $504,536.71 of said
amount. Accordingly, claimant submits this claim pursuant
to the provisions of California Government Code section 910
for the amount of said past due unpaid bills plus interest
at the maximum rate permitted by law from July 2, .1982.
To the best of claimant's information and belief,
the public employees responsible for the City's refusal and
failure to pay its debts to claimant are Henry A. Glaves,
David K. Curry, and Fred M. Reid.
Claimant is informed and believes that the City
will refuse to pay subsequent bills for electric power and
energy and that the City will incur further indebtedness to
claimant. Pursuant to Government Code section 910.2, each
regular bill or invoice for such continued. sale of
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electricity, to the extent that it is not paid, shall
constitute an additional claim.
By presenting this claim, and any future claims,
PGandE does not concede that it is required to file such
claim or claims, and does not intend to waive any rights it
may have to have the issue adjudicated.
Please send all notices to:
Charles T. Van Deusen, Esq.
Arthur L. Hillman, Jr., Esq.
John N. Frye, Esq.
Joshua Bar Lev,.Esq.
Shirley A. Sanderson, Esq.
P.O. Box 7442
San Francisco, California 94120
Dated: July 27, 1982.
RKVA ; I ;
BILLING DEM 42154
CREATED DEM 42154
PREV HI DEM 68161
PREY HI DEM MO JUN
Z29
STATE 6JROARGE EXET9PT
TOTAL CURRENT CW4RGES
PREVIOUS BALANCE
$128 85NTPPAEWE
YNT-THANK YOU
INTEREST
TOTAL AM) W NOW WE
. 1
- r.:. t• : Y �CpMPARE:�l0UR AVERAGE DAILY DISE YVITK iAST YEAR'..24 ;: 'S:.;� r':
THIS BILL IS MOW DUE AND PAYABLE
P4067.— 88
0 77.55
2b101. 2-
R8 7.
Roil:
$699665.97-
EOXHIBI'T`
P..CWIE Pacific Gas and Electric C'umpany
7 COPIES
M.6,L a.:Yt•r:•TS TG
x ZXFN2 49511-7
5 31 82
ZXF #7
CITY OF LODI XF
N2
ATTN DAVE CURRY
49511-7
UTILITY DEPT
221 WEST PI.'lE ST
LORI :A 95240
! ARIA LS
CNyPEASELOD
C5240 SAY TNtS
f S68
�p�p������S��Q
66 211
c AMOUNT
d d/..�./
Please return this po Tio,7 with ratiwmenP - Brino entire bill when make qj P3 ment in office.
;ry �w`.w...r1►CMI.:
IP
12 WEST PINE ST CITY OF LODI
LODI CA 95240 ATTN DAVE CURRY
-
369-3535 VARIOUS LOCATIONS
95240 ZXFN12 49511-7
- JPPCISCFEDIJLE R 1
EXP -M
M, AY1982
IND PbJR
'"STv4"$.*WFEMMCE K?WtfM
OVER VA &Dw.GS 1=1 mmool g".
-• .. 6 l ng
irnr^ To Days Ir,M- �rnrnl • 1
• AMOUNT
EL.EC 430 5:311
31
1 1408225
1 7T4067-88
RKVA ; I ;
BILLING DEM 42154
CREATED DEM 42154
PREV HI DEM 68161
PREY HI DEM MO JUN
Z29
STATE 6JROARGE EXET9PT
TOTAL CURRENT CW4RGES
PREVIOUS BALANCE
$128 85NTPPAEWE
YNT-THANK YOU
INTEREST
TOTAL AM) W NOW WE
. 1
- r.:. t• : Y �CpMPARE:�l0UR AVERAGE DAILY DISE YVITK iAST YEAR'..24 ;: 'S:.;� r':
THIS BILL IS MOW DUE AND PAYABLE
P4067.— 88
0 77.55
2b101. 2-
R8 7.
Roil:
$699665.97-
EOXHIBI'T`
Pacific Gas and flecrric ['umpany
7 COPIES
THf"44 plikov
IS MONTH THIS YEAR 31 1 zT � � 8' 9 v �1
THIS MONTH LAST YEAR �IOT AVAILABLE 49511-9
a
THIS BIL L IS NOW DUE AND PA )'APLE
Re Er -H Se o: e -_L
3C;ZXFNI 49511-9 15 31. 82 1539224
OF LODI
XF
N1F x8
ATTTNN
UTILITY DEPT
49511-9
221 W PINE ST
LODI CA
95240
VARIOUS LOCATIONS
LODI CA
95240 PLEASE
PAY THIS 1 15392.24 181
AMOUNT
ple8SP r[',rrn this portion with Dayrnent - bring entire bill when mokin
paymenfin office.
• aw sn•c..•
12 WEST PINE 5T
CITY of Loop
LODI CA 95240
ATTN DAVE CURRY
369-3535
VARIOUS LOCATIONS
LLODIM CA 95240
�ZXfN1
49511-9
R ND PWR
MAY, .1982
"S4STu(aMSsowr(a(MC(-K WU"
n(T(a R(&D+Mr%tM(S MYITwia
v • • sminO
•F�o�. To Days .•.e. -
. e.
r.nTna �� .
AMC)UNT
am a
RKVA
4 30
5' 31
31
272680 24963-85
!
STATE SURCHARGE EXEMPT
TOTAL CURRENT CHARGES
14953. 85
PREVIOUS �E
4
142683
DJ PENT
-
05/28 PAYMENT-TH4K
YOU 000.80 -
TASD
8.48-
TOTALAhtNT NOW DUE
1539
THf"44 plikov
IS MONTH THIS YEAR 31 1 zT � � 8' 9 v �1
THIS MONTH LAST YEAR �IOT AVAILABLE 49511-9
a
THIS BIL L IS NOW DUE AND PA )'APLE
..` z
i�
4 RECEIVED
1 Claim of t �Z NOV - t F111 3� 13
2 PACIFIC GAS AND ELECTRIC COMPANY, j�►LICE �� r• �IiLAIM FOR
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Claimant, } CI �N " OR NONPAYMENT
CIT pF: . S
VS. ) (Gov. code § 910
CITY OF LODI, a municipal )
corporation.
TO: MS. ALICE M. REIMCHE
CLERK OF THE CITY OF LODI
City Hall
221 West Pine Street
Lodi, California 95241
14 PLEASE TAKE NOTICE that Pacific Gas and Electric
15 Company ("PGandE"), whose principal place of business is
16 located at 77 Beale Street, in the City and County of San
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Francisco, State of California, claims money from the City
of Lodi ("City"), a municipal corporation, in the amount,
computed as of October 27, 1981, of $3,654,308.20, plus
interest at the maximum rate permitted by law.
Claimant entered into a written contract with tine
City on or about April 1, 1970, whereby the claimant agreed
to sell and the. City agreed to buy. all the electricity
required by the City for its own use and for resale to its
customers. This contract has been amended in ways not
relevant to this controversy.
EXHIBIT a,
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The April 1, 1970, contract is now, and at all
times herein mentioned was, in full force and effect.
Pursuant to said contract, during the months of
May, June, July, August and September 1982, claimant
delivered and sold its electric power and energy to the City
in the amounts demanded by the City.
As a consequence thereof the City became indebted
to claimant in the total sum of $3,654,308.20.
Said amount is now past due, but the City has
unlawfully refused and failed to pay of said amount.
Accordingly, claimant submits this claim pursuant to the
provisions of California Government Code section 910 for
said past due amount plus interest at the maximum rate
permitted by law.
To the best of claimant's information and belief,
the public employees responsible for the City's refusal and
failure to pay its debts to claimant are Henry A. Glaves,
David K. Curry, and Fred M. Reid.
Claimant is informed and believes that the City
will refuse to pay subsequent bills for electric power and
energy and that the City will incur further indebtedness to
claimant. Pursuant �o Government Code section 910.2, each
regular bill or invoice for such continued sale of
electricity, to the extent that it is not paid, shall
constitute an additional claim.
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EXHIBIT D-2 1
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EXHIBIT-
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By presenting this claim, and any future claims,
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PGandE does not concede that it is required to file such
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claim or claims, and does not intend to waive any rights it
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may have to have the issue adjudicated.
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Please send all notices to:
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Charles T. Van Deusen, Esq.
Arthur L. Hillman, Jr., Esq.
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John N. Frye, Esq.
Joshua Bar Lev, Esq.
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Shirley A. Sanderson, Esq.
P.O. Box 7442
9
San Francisco, California 94120
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Dated: October 1982.
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EXHIBIT-
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