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:i The C~:+`it:i t0 prap~rly C1D.~..t? the l~andfl..'.i :rlll ~;XG~:u.l thy: <br />$100,000.00 set aside by f~a~olution ul-~6. <br />K. PGS is seeking authorization to ~xpena paid funds t~ b~ <br />reccvered out of a future rite increase. <br />ilOW, THEREFORE, PCS and CITY agree and approve as follo~.~c: <br />1. PGS may expend funds in further closure ~rtcrt:, <br />including the installation or a storm drain system and a m~:thanc <br />gag control system a gat t:orth in the ~7uly 8, 1986 letter from <br />Brown ~. Caldwell, attached hereto as Exhibit I3. The actual cost <br />of these closure efforts in excess of the allotted $100,000 shall <br />be recoverable out of future rate increases. The presently <br />contemplated expenditures are estimated as $25,000 for PGS share <br />of the storm drain line and S122,000 to ;.107,000 for the boundary <br />control system. <br />2. PGS costs pursuant to the Gas t•ligratian tditig3tion <br />Agreement between PGS and Ralph iartin and Marilyn :•:ociun <br />(attached as Exhibit C} shall be recoverable in future rate <br />increases, provided however, that iE the mitigation involves a <br />land purchase a~ permitted by 1+rticle VII of that Agreement, then <br />the recoverable cost shall be reduced by tho net resale value of <br />the land. I3etwecn the time of a land purchase as referencua in <br />Article VII and the time of resale of that land, the land <br />purchases payments ::hall be a chargeabl4 .:xpensc of the landfill <br />closure. Upon resale, the amount:, so charged shall be crc~litecl <br />to the account for costs related to clo::urc ot: th4 landfill ~~ita. <br />2. PGS shall conoult with CITY concerning any t'uturQ <br />expenditures for studi`s, monitoring or other purposes in closure <br />of the landfill. Any expenditures for clouuru of the landfill <br />greater than $10, 000.00 ::hall be ~ipproved by the City t•tanzg,~r in <br />order to be recoverable from the rate ha::e. The City .•lanager <br />shall not unreasonably crithhold such approval. <br />~~. PGS covenants to achieve and maintain comp.Lianc~ with <br />standards established by the state and t:edaral c~overnmcnt <br />regarding closure of the landfill site. The CIT'i will approve a <br />transfer or the landfill site it legally adequate assuranc~:s are <br />presented ~to the CITY that the transferee ;rill have the <br />obligation and resources to comply Frith state and t:`deral <br />requirements. <br />5. Should the landfill be sold and/or developed, any moneys <br />received after casts of ~a1c shall be allocated first to <br />reimburse PGS far its cost of the land which value i~ $77-,87u.00. <br />Second, to be retained by PCS or the then currant franchisees to <br />offset future rate increases in an amounC equal to the <br />expenditures necessary for closure `fforts. Third, any remaining <br />residual moneys shall be split equally between the city for the <br />benefit of the ratepayers and PCS as a return on its invc~ t,,.~nc <br />in the land. <br /> <br />