HomeMy WebLinkAboutAgenda Report - November 17, 1982 (37)00r-T-WIL DFNIED
AMENDED OALM
FOR MONEY OF NON-
PAY.MFI,Zr OF BILLS
PRESENTED BY PG&E
I W)
CITY COUNCIL MEETINU
NOVEMBER 17, 1982
On motion of Mayor Pro Tempore Murphy, Reid second, Council
ck-nied the Anvanded Claim for money for nonpayment of bills
presented by Pacific Gas and Electric Conpany.
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Claim of
PACIFIC' GAS AND ELECTRIC COVTPANY,
Claimant,
VS.
CITY OF LODI, a municipal
corporation.
TO: MS. ALICE M. REIMCHE
CLERK OF THE CITY OF LOTI
,City Hall
221 West Pine Street
Lodi, California 9524.1
( 1") `k -7
IV? NOV -I NI 3: 18
IiLAIM FOR
C! i I
.
OR NONPAYMENT
CcT S
Gov. Code § 910)
PLEASE TAKE NOTICE that Pacific Gas and Electric
Company ("PGandE"), 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 armount,
computed as of October 27, 1981, of $3,654,308.20, plus
interest at the maximum rat` 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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By presenting this claim, and any future claitas,
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 ail notices to:
Charles T. Jan 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: October 27-, 1982.
A torney fClaimant
PACIFIC GAo AND ELECTRIC COMPANY
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Received November 1, 1932
A
Aw
ce M. RMlc
e t
City Cl erg
City of Lod{ ' '
r
s
1 The April 1, 1970, contract is now, and at all
2 times herein mentioned was, in full force and effect.
3 Pursuant to said contract, during the months of
4 May, June, July, August and September 1982, claimant
5 delivered and sold its electric power and.energy to the City
6 in the amounts demanded by the City.
7 As a consequence thereof the City became indebted
8 to claimant in the total sum of $3,654,308.20.
9 Said amount. is now past due, but the City has
10 unlawfully refused and failed to pay of said amount.
11Accordingly, claimant submits this claim pursuant to the
li provisions of California Government Code section 910 for
13 said past due amount plus interest at tide maximum rate
14 permitted by law.
15 To the best of claimant's information and belief,
16 the public employees responsible for the City'c refusal and
17 failure to pay its debts to claimant are Henry A. Glaves,
18 David K. Curry, and Fred M. Reid.
=L9 Claimant is informed and believes that the City
20 will refuse to pay subsequent bills for electric power and
21 energy and that the City will incur further indebtedness to
22 claimant. Pursuant to Government Code section 910.2, each
23 regular bill or invoice for such continued sale of
24 electricity, to the extent that it is not paid, shall
25 constitute an additional claim.
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CITY COUNCIL
Fitt OMRFID. Mayo* CITY OF LODI
ROBERT G MURPHY.
Mayor Pro Tempore CITY HALL. 121 WEST PINE STREET
IVELYN M OL "ON POST OFFICE BOX 320
IAMIS W PINKIRTON. Ir LODI. CALIFORNIA 95241
I'JHN R (Qanciv) SNIDER (209) 334-56.14
Noovembe) r 19, 1982
J
HENRY A CLAVES, Ir
City Manager
Ar ICE M REIMCHE
City Clerk
RONALD M. STEIN
City Attorney
Charlos L. Van Deusen, Esq.
et al
P. O. Box 7442
San Francisco, CA 94120
Gentlemen: :
Subject: Awnd--d Claim for Nbney for Nonpayment of Bills
(Claim of Pacific Gas and Electric Caripany)
r113ase be advised that the Lodi City Council, by motion action taken at
a regular meeting held November 17, 1982 denied the heretofore
uentioned amended claim for money for non-payment of bills which was
received by this office on November 1, 1982.
Very truly yours,
Alice M. Reinr-he
City Clerk