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Res. 79-95 <br />Page 4 <br /> <br />Section 1. Pursuant to paragraph 8 of the October 9, 1972 <br /> Agreement, the City Council authorizes and directs the <br /> City Manager to give ninety (90) days notice of termi- <br /> nation to Producers due to the substantial increase in <br /> magnitude of gravel truck traffic; this increase causing <br /> hazards to drivers, pedestrians, and in particular to <br /> Pleasanton School students; increased noise and traffic <br /> congestion; continuing street damage; the blocking of <br /> access of emergency vehicles and homeowners by parked <br /> gravel trucks; and effects of gravel, rocks and other <br /> projectiles from the trucks; any one of which indi- <br /> vidually would justify such termination. <br /> <br />Section 2. Pursuant to paragraph 13 of the agreement, the Council <br /> authorizes and directs the City Manager to give ninety <br /> (90) days notice of termination to the Producers for <br /> their deliberate default of duties imposed by paragraph 6. <br /> <br />Section 3. The City Council advises the Producers that the failure <br /> of attempts to provide E1 Charro or other road from <br /> Stanley Boulevard to 1-580 as an alternate route to using <br /> Pleasanton streets for gravel traffic within the five (5) <br /> years listed in paragraph 7 also supports termination and <br /> voiding of the agreement. <br /> <br />Section 4. The Council finds and declares that the public health, <br /> safety and welfare requires such termination as provided <br /> above. <br /> <br />Section 5. This resolution shall take effect immediately upon <br /> adoption. <br /> <br />THIS RESOLUTION ADOPTED ON JUNE 12, 1979, BY THE FOLLOWING VOTE: <br /> <br />AYES: Councilmembers Kephart, Mercer, Wood and <br /> Mayor Brandes <br />NOES: None <br />ABSENT: Councilmember Butler <br />ABSTAIN: None ~NK~C. B EDS~ <br />ATTEST: <br /> <br />C on E. lerk <br />By Doris George, Deputy City Clerk <br /> <br />APPROVED AS TO FORM: <br /> <br /> <br />