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EXHIBIT "C" <br /> AGREEMENT APPROVING AN EXPENDITURE OF FUNDS <br /> TO CLOSE FORMER LANDFILL <br /> THIS AGREEMENT is made and entered into this day of September, 1986, by <br /> and between PLEASANTON GARBAGE SERVICE, INC., a California corporation (hereinafter <br /> referred to as "PGS and the CITY OF PLEASANTON, as municipal corporation (hereinafter <br /> referred to as "CITY PGS and CITY agree as set forth below: <br /> A. CITY pursuant to Article 9, Chapter 2, Title IV of the Ordinance Code has <br /> established an exclusive franchise for the collection of refuse in the CITY. <br /> B. PGS previously operated a landfill for the disposal of solid waste for CITY in <br /> accordance with said franchise agreement. <br /> C. PGS purchased the landfill site for $77,876.00 in approximately 1969 and has <br /> never expensed the cost of the site in the rates charged for service. <br /> D. CITY's sole relationship to the landfill site is as franchisor to PGS; the CITY does <br /> not have any real property interest in the landfill site and the landfill site is not within the city <br /> limits of Pleasanton. <br /> E. Said landfill reached its capacity and PGS has taken steps to properly close and <br /> cease operation of the landfill. <br /> F. Said landfill is subject to Closure Order Number 78 -60 issued by the Regional <br /> Water Quality Control Board, San Francisco Bay Region, July 18, 1978. <br /> G. Said Order 78 -60 requires that the migration of methane gas be controlled as <br /> necessary to prevent the creation of any nuisance and that the existing sub surface storm drain be <br /> removed. <br /> H. CITY, by Resolution 81 -36, Section 2(h) provided that: <br /> Should the actual expenses necessary to properly close off the former Vineyard <br /> Avenue dump site be less than the $100,000 projection, the unspent moneys shall <br /> be placed into the rate reserve. Should, however, said expense exceed $100,000, <br /> the additional expense may be recovered in future rate increase. <br /> I. Funds equal to Eighty -six Thousand One Hundred Nineteen and No /100 Dollars <br /> ($86,119.00) have been expended on closure of the landfill site by PGS as of March 31, 1986, <br /> identified in Exhibit A attached to this agreement. <br />