Private companies tend to have the smartest attorneys. An easy answer to why that is; private companies are able to pay attorneys a lot more money than is usually paid in the public sector for more and smarter legal advice. The private attorneys who drew up the contract for PAAG knew exactly what they were doing when they put the phrase “due diligence” in the contract (I haven’t seen the contract but I’ll bet the farm “due diligence” is in the contract.) PAAG attorneys then have the ability to widely interpret the meaning of this phrase and will hang us taxpayers with the $1,000,000.00 plus 9% and 6% interest on this so called “loan” on the vague legal point that the city failed to perform to the terms of the contract.
Gary Sandburg is very much aware of how the wording of the rejection letter to IA will affect the payback to PAAG. Randy Ray, City Attorney, is correct in stating the letter should just say “thanks, we spent a great deal of time and money studying if we wished to make the buyout offer, we also asked for advise from the voters who soundly rejected the idea by referendum, the City council voted 6-5 not to buy your company and therefore, this City Council is advising you (IA) by document, that we are not going to further pursue the buyout at this time”. Attorney Ray wisely wants to leave the term “DUE DILIGENCE” out of the wording. He is smart. Now if he can only hold his ground.
Most people who are following this parody, know why Gary has taken the position he has. If you haven’t figured it out yet keep listening if you have two or three hours every Tuesday evening. People know Grayeb, a former administrator at Dist 150 and who gets a lot of press on and off the council floor, has a lot of suspicions about “furriners” owning our water. Of course, these “furriners” would have to defeat our country in war first, since the U.S. Government owns our water, so his suspicions are moot. Grayeb, by the way, was quoted by the JS on 1/9/97 while a teacher at District 150 saying that “The United Sates has never been an imperialistic country. We have never sought colonies or conquest for this country. Never.” Still wonder why our kids are so bad in past history?? Then there is Clyde just being Clyde.
Anyway, we will find out the wording of the letter that eventually will be sent to IA. Hope the City Legal counsel gets his way.
I know I’m never to say “I told you so” because it makes me look like a smart aleck. Well, heck, I’ve been called a lot worse so here goes “I told you so!!”