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4y' <br />7 <br />87-0 ' f9 I 2s <br />i J. The costs to properly close the landfill will exceed the t a,_ <br />t 100,000.00 set aside by Resolution 81-36. S <br />K. POS is seeking authorization to expend said funds to be <br />recovered out of a future rate increase. <br />NOW, THEREFORE, PCS and CITY agree and approve as follows: <br />1. POS may expend funds in further closure efforts <br />including the installation of a storm drain system anti a methane <br />I7' gas control system as set forth to the July 8, 1986 letter from <br />Brown & Caldwell, attached hereto as Exhibit G. The actual cost <br />of then, closure efforts in excess of the allotted $100,000 shell <br />be recoverable out of future rote ire a r. n. The presently <br />contemplated. expenditures are estimated as 025,000 for PGS share <br />of the storm drain line and $1.2•&000 to , 1. 57,000 for the boundary <br />control system. <br />Ii <br />t. PGS costes pursuant. tc the Gas Migration Mitigation <br />Agreement between PGS and Ralph Martin and Marilyn Meclun i <br />J attached as Exhibit C) shall be recoverable Sr. future rate <br />i increases, provided however, that if the mitigation involves a <br />land purchase as permitted by Article VII of that Agreement, then <br />the recoverable cost shall be re:lucad by the not reseals value cf <br />the land. Between the time of a land purchase as referenced in <br />Article VII and the time of resale of that land, the land a <br />purchase payments shall he a chargeable expense of the landfill <br />closure. Upon resale, the amounts so charged duall be credited <br />to the account for costa related to cicsuro of the landfill site. <br />i 3. PGS shall consult with CITY concerning any future <br />expenditures for studies, monitoring or other purposes in closure or <br />of the landfill. Any expenditures for olonate of the andfill <br />greater than $10,000.00 shall be approved by the City Manager in <br />order to be recoverable from the rate base. -hr City Manager <br />shall not unreasonably withhold such approval. <br />4. FCS covenants to achieve and maintain c-o-,,li.:ace with <br />standards actabli shed by the ';tate er;d, federal eovernioent <br />regarding closure cf the landfill site. The CITY will approve a <br />transfer or the l ndti.li site it legaliy adequate assurance." are <br />presented to the CITY that the transferee will have the <br />obligation and resources to comply with nate and federal <br />requirements. a:_ <br />Should the landfill be soled and,/ordeveloped, any moneys <br />received after costs of sale shall be alto : : -d first to <br />reimburse PGS ter its cost of the land wnlch value is $77,876.00. <br />i Second, to be retained by PCS or the then current franchisee to <br />offset future rate increases in an amount equal to the it <br />expenditures necessary for closure efforts. Third, any remaining <br />residual noneys shall be split equally between the City for the <br />benefit of the ratepayers :.sd PCS as a return on its investment <br />in the land. a <br />i <br />s <br />2 <br />y <br />x <br />404I. • <br />t._ <br />i <br />i