lines to be run installation meters itself when the customer ready when the equipment is and then the installation takes place once installation is completed and tested then the billing clerk at city hall this is install that location into the software with the software into the billing system for the city even that goes into the handheld meter reading device restaurant was under construction and at the lizza sign the manager went to city hall filed an application for natural gas service those natural gas service is installation was completed in and regrettably just continued on for approximately seven years more than me during this time the office bar and restaurant operated had kitchens staff stove used for cooking at the restaurant and continues in the same manner for have a period of time in operation there was no shutdown there was nothing nothing out of the ordinary but at the trial this case it seemed that the only issue addressed was the complaint now maybe i'm wrong all the issues addressed was just a little bit of the of the complaint couldn't get it together so to say that they were willing to pay anything is not true and i don't think that should have been of a fair light on the whole and it's stated that they don't agree to pay me thing but this case is about a breach of contract they to provide gas and bill arclight that was the contract if you look at the bar was packed gas and for your client that well i think it was for the contract was to provide gas bill  formation and i thought your arguments here were brilliant and by the way if the court found a valid contract that's the r that's the finding of this court right so if you provided by you were an assistant city and the city goes on to say the words as these ordinances ending used the word are part of our contract right so maybe they need to change the word says to what you're suggesting your honor because i think they shot themselves in the foot when they did defendant not for not paying when they are given notice pursuant to the contract what their charges on a thirty day monthly basis well as the city can't give you the exact name from what we're being told that's what i'm trying to understand why the court is that john ballard here we had a valid contract that was formed in two thousand and nine when this application was  in accepted by exhibited consideration record writing yes but they didn't follow her they didn't follow the terms of the contract which were we shall believe you for your usage every thirty days and it's very important in my opinion that and that's why they say yes the ordinance being incorporated allows for the formation of a contract but when they did the ordinance which is every thirty days well the courts certainly and the reason i was asking that is the court found in paragraph fourteen that they didn't bill and that was necessary to establish performance correct correct bring our clients on every every very day and that's kind of the point here it gets back and this is why i think mediation probably would have been helpful before an appellate areas our position has never been that we're right you're wrong you know i think and we think that everybody has it was wrong here they were wrong for not billing as we were wrong for probably not catching it but the bottom line is this went on for one year not to unite thirty seven years that's all home time that was contract the application forces and they didn't perform under the card track they didn't do what they were supposed to do preserve to the terms of the contract that we ha i don't believe there is but i know that one of the big sticking points we are trying to sell was the maintenance the maintenance fee basically the amount of money that the city legs or profits on the gas