HomeMy WebLinkAbout1985-01-02; City Council; 7524-2; Palomar joint land outfall interceptorAB# 7524 SUP#^
MTG. 1-2-85
DEPT. U/M
The San Marcos line project has previously been approved for the FY 84-85 CIP as
project 82-48-3126 and $777,243 was appropriated.
project is estimated to be $547,979 plus the engineering and construction
management costs of about 15% or $82,197 for a total project cost of $630,176.
FISCAL IMPACT:
Funds in the amount of $777,243 were appropriated this fiscal year, however, the
current project is estimated at $630,176 or about $147,000 less. It should be
noted, however, that we are receiving about one third the capacity originally
requested.
EXHIBITS :
1. Resolution No. 78L 2. .
Carlsbad’s share of the current
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TITLE:
PALOMAR JOINT LAND OUTFALL INTERCEPTOR INTERAGENCY AGREEMENT AMENDMENT #3 CITY MOR. a
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RESOLUTION NO. 7862
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, RESCINDING RESOLUTION NO. 7521 AND NO. 7371 AND APPROVING A NEW AGREEMENT BETWEEN THE CITY OF CARLSBAD, THE SAN MARCOS COUNTY WATER DISTRICT AND THE CITY OF VISTA
AGENCY AGREEMENT FOR THE CONSTRUCTION AND MAINTENANCE OF A
JOINT SEWER LINE AEFACILITIES
KNOWN AS THE PALOMAR JOINT LAND OUTFALL INTERCEPTOR INTER-
The City Council of the City of Carlsbad, California, does hereby
resolve:
1. That a certain agreement between the City of Carlsbad, the Vista
Sanitation District, the Buena Sanitation District and the San Marcos
County Water District, known as the Palomar Joint Land Outfall Interceptor
Interagency agreement approved by Resolution No. 7521 and No. 7371 is
hereby rescinded.
2. That a certain agreement between the City of Carlsbad, the San Marcos
County Water District and the City of Vista known as the Palomar Joint Land
Outfall Interceptor Interagency agreement for the construction and
maintenance of a joint-use sewer line and facilities, a copy of which is
attached hereto and incorporated herein by reference, is hereby approved.
3. The Mayor of the City of Carlsbad is hereby authorized and directed
to execute said agreement for and on behalf of the City of Carlsbad.
approval is conditioned upon acceptance of this agreement by all other
agencies which are a party to said agreement.
This
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
Council held on the 2nd day of January , 1985, by the following
vote, to wit:
AYES:
NOES : None
Council Mdxrs Casler, Lewis, Kulchin, Chick and Pettine
ABSENT: None
ATTEST :
I MARY H. qSLER, Mayor
ALETHA L. RAWENKRANZ, City Clerk $
(SEAL)
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PALOMAR JOINT LAND OUTFALL INTERCEPTOR .
INTERAGENCY AGREEMENT
THIS AGREEMENT is made and entered into this day
of by and between the SAN MARCOS COUNTY WATER
DISTRICT (SAN MARCOS), the CITY OF VISTA (VISTA), and the CITY OF CARLSBAD
(CARLSBAD), colle-ctively referred to as PARTIES.
RECITALS:
WHEREAS, SAN MARCOS and BUENA entered into an agreement dated June 19,
1967, for lease of capacity by SAN MARCOS in BUENA SANITATION DISTRICT'S
ENCINA OUTFALL SEWER LINE (BUENA LINE), this agreement expired July 1, 1978;
and
WHEREAS, SAN MARCOS and BUENA entered into a second agreement for lease
of capacity by SAN MARCOS in the BUENA LINE for the period of July 1, 1978,
through July 1, 1981 ; and
WHEREAS, this second lease agreement was subsequently amended to extend
an additional year to July 1, 1982; and
WHEREAS, SAN MARCOS, the DAON CORPORATION, and BUENA entered into a third
agreement for lease of capacity by SAN MARCOS in the BUENA LINE for the period
of July 1, 1982 through January 1, 1984, (the estimated operational date for
the then proposed San Marcos Outfall Sewer Line to the Encina Treatment Plant
or the Meadowlark Water Reclamation Facility for use by SAN MARCOS); and
WHEREAS, on June 20, 1966, BUENA and CARLSBAD entered into an agreement
for lease of capacity in the BUENA LINE; and
WHEREAS, on December 15, 1981, BUENA and CARLSBAD rescinded the
aforementioned agreement and entered into a new agreement entitled "AGREEMENT
BETWEEN THE BUENA SANITATION DISTRICT AND THE CITY OF CARLSBAD FOR THE LEASE
OF CAPACITY IN THE ENCINA OUTFALL, the BUENA LINE, the period of this lease
extends to July 1, 1996; and
WHEREAS, because of these leases of capacity to SAN MARCOS and CARLSBAD,
and because of continued increase in sewage from SAN MARCOS, CARLSBAD, and
BUENA, the BUENA LINE has almost reached its capacity; and
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WHEREAS, VISTA desires to obtain sewage transmission capacity to the
Enci na Water Pol 1 ution Control Faci 1 i ties to serve the development in VISTA'S
service area, known as Raceway Basin area; and
WHEREAS, CARLSBAD desires to obtain additional sewage transmission
capacity to the Encina Water Pollution Control Facilities to serve in the
developments in the south and central CARLSBAD service area; and
WHEREAS, in 1979 SAN MARCOS initiated a project entitled "SAN MARCOS
COUNTY WATER DISTRICT LAND OUTFALL INTERCEPTOR" (State Water Resources Control
Board Project No. C-06-1571-010) which extended from SAN MARCOS to the Encina
Plant. Plans, specifications, and an environmental impact report were
prepared. The design criteria for the lower reach from El Camino Real to the
Encina Plant was 12.1, more or less, millions of gallons per day maximum flow
capacity ; and
WHEREAS, PARTIES to this Agreement have expressed a desire to cooperate
in the construction, operation, and maintenance of the Palmar Joint Land
Outfall Interceptor, as shown on P1 ans and Specifications prepared by Neste,
Brudin and Stone, Civil Engineers, dated August 23, 1983, as set forth in this
Agreement and hereinafter call ed "INTERCEPTOR"; and
WHEREAS, PARTIES are entering into this Agreement in order to establish
their respective rights and duties with respect to the ownership of capacity
in each reach of the facilities and for the operation and maintenance of the
facil i ties;
COVENANTS
NOW THEREFORE, incorporating recitals of facts above, the PARTIES hereto
agree as follows:
OWNER: SAN MARCOS shall be the owner and shall be Article 1.
responsible for the preparation of the contract documents, the environmental
impact report for SAN MARCOS, the Coastal Commission permits, all other
permits, property acquisition and easements, supervision of construction,
operation and mai ntenance of the INTERCEPTOR, and for the f i scal management of
the INTERCEPTOR. Assistance from other agencies shall be provided to
facilitate the process upon request by SAN MARCOS.
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Article 2. OWNER'S RESPONSIBILITIES: SAN MARCOS shall diligently
and faithful ly pursue a1 1 the foregoi ng responsi bil i ties knowing that time is
of the essence for construction of the INTERCEPTOR to relieve the surcharging
in the BUENA LINE.
ARTICLE 3. CAPACITY OWNERSHIP: The ownership of capacity in the
INTERCEPTOR is shown in Table 1.
TABLE I
CAPACITY OWNERSHIP PERCENTAGES
Carl sbad
MGD % -
5.0 23.98
Vista
3.75 17.99
- MGD- %
San Marcos
MGD %
12.1 58.03
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(See Exhibit A for location)
The final maximum peak flow capacity for the City of Carlsbad equals 5.0
Million Gallons Per Day and the Vista Sanitatioa District equals 3.75 Million
Gallons Per Day. For purposes of distributing costs, the costs shall be
shared by all three agencies in accordance with their capacity ownership, and
for the construction cost. Final adjustments to these costs will be made
after the INTERCEPTOR is finally constructed and all costs are known.
Article 4. PRE-CONSTRUCTION: The pre-construction work to be
completed shall include, but not be limited to, the following tasks:
1. Preparation of an Environmental Impact Report (EIR) the project.
2. Revisions to the construction documents for the oversizing to
accommodate the Carlsbad and Vista flows prepared by NESTE,
BRUDIN & STONE, INC.
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3. Acquisition of permits.
4.
5.
Acquisition of easements and rights-of-way.
Administration, miscellaneous engineering, and legal tasks.
Since SAN MARCOS has already prepared an EIR and completed construction
documents for their original "Land Outfall Interceptor'' Project, SAN MARCOS
will not share in any additional costs for tasks 1 and 2.
Costs for tasks 1 and 2 shall be shared between VISTA and CARLSBAD in
accordance with their capacity ownership percentages [omitting SAN MARCOS) so
weighted and averaged to account for the construction cost. These
computations are shown in Exhibit B and sumarized as follows:
CARLSBAD 57.1 4 percent
VISTA 42.86 percent
Final adjustments to these percentages will be made aftw the project is
finally constructed and all costs are known.
Pre-construction costs shall be shared among the agencies in accordance
with their capacity ownership as set forth in Article 3.
With the assistance of CARLSBAD and VISTA, SAN MARCOS shall take any and
all steps necessary to acquire easements of right-of-way for the project. In
the event eminent domain proceedings are necessary, all PARTIES agree to take
any necessary legal proceedings required. All PARTIES agree to adopt any
necessary resol utions connected wi th said 1 egal proceedings. The cost of a1 1
such legal proceedings shall be borne in accordance with Article 3.
.- Article 5. CONSTRUCTION: SAN MARCOS shall be the contracting agency,
shall administer the construction contract, in accordance with Division 12,
Water Code, State of California, and shall take any and all steps necessary to
ensure the INTERCEPTOR is completed in accordance with the plans and
specifications. Change orders or amendments to the approved plans and
specifications affecting the costs to be paid by other PARTIES hereto may
beauthorized by SAN MARCOS on individual change orders of $25,000.00 or less,
up to an aggregate of five (5%) percent of the INTERCEPTOR construction costs,
without approval from the other affected PARTIES.
Article 6. COST ACCOUNTING (Pre-Construction and Construction) :
SAN MARCOS shall keep and maintain proper books of account and records in
which complete and current entries shall be made of all transactions.
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For the construction contract of the project SAN MARCOS shall prepare or
The cash flow tables shall be updated cause to be prepared a cash flow table.
quarterly to reflect any changes in the schedules or in anticipat
shall reflect the capacity ownerships shown in Articles 3. Upon
"Notice to Proceed" of contract, all of the PARTIES hereto shall
trust fund to be held by SAN MARCOS fifteen (15%) percent of
share of the estimated total construction costs as shown in init
!d costs, and
execution of
deposit in a
each PARTY'S
a1 cash flow
table. SAN MARCOS shall then bill each of the PARTIES quarterly, in advance
to insure that SAN MARCOS always has sufficient funds on hand to make timely
disbursements in the Administration of the project. VISTA and CARLSBAD shall
pay such statements within a reasonable period thereafter. SAN MARCOS shall
submit with each quarterly billing a copy of the updated cash flow table
showing how each PARTY'S anticipated costs were established. In tlte event
that SAN MARCOS borrows any monies in order to pay such costs as they become
due because of delay in required payments by any of the parties hereto, the
costs of such borrowing shall be paid by the PARTY or PARTIES causing such
delay in proportion to the mount of their respective obligations and the
period of delay caused by each such PARTY.
SAN MARCOS shall invest all deposits made with it pursuant to this
Agreement until needed for payment of the costs and all earnings thereon shall
inure to the PARTIES hergto in proportion to the respective amounts credited
to them.
SAN MARCOS shall be strictly accountable to all PARTIES hereto for all
funds received by it pursuant to this Agreement, and shall maintain and make
available to the PARTIES hereto adequate records of all receipts and
disbursements pursuant thereto.
Article 7. ROUTINE MAINTENANCE AND OPERATION OF THE PROJECT:
On completion of the INTERCEPTOR, each PARTY shall enjoy the capacity
ownerships set forth in Article 3, Table I. However, SAM MARCOS shall provide
routine maintenance and operation functions for the INTERCEPTOR in accordance
with this Agreement. Costs of maintenance and operation shall be shared by
the PARTIES hereto in proportion to their capacity ownerships, as set forth in
Article 3, Table I.
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.. The expenses of repair shall be charged to each PARTY on the basis of
capacity ownership, and shall be substantiated by customary accounting
procedures; and shall be paid by VISTA and CARLSBAD within a reasonable period
of time provided, however, such costs benefitting less than all PARTIES shall
be borne by the PARTY or PARTIES concerned.
The cost of replacing any portion of the INTERCEPTOR shall be allocated
on the basis of the capacity of ownership as set forth herein for the
INTERCEPTOR being repl aced.
SAN MARCOS shall undertake any necessary repairs or replacement at the
earliest possible date.
Article 9. METERS: VISTA and SAN MARCOS shall maintain meters to
measure the flow of wastewater into the INTERCEPTOR. CARLSBAD'S flow shall be
determined by subtracting the sum of the flows from VISTA and SAN MARCOS from
the total flows measured by the Palonar Parshall flume meter at the headworks
of the Enci na Water Pol 1 uti on Control Facil i ties.
Each PARTY shall bear the full cost of the meter and appurtenances
installed for the use of that PARTY in measuring the amount of wastewater
discharge into the INTERCEPTOR.
Article 10. PROHISITION OF TOXIC MATERIALS: Each PARTY agrees to
adopt and enforce on a continuing basis regulations prohibiting the discharge
of toxic materials to the Encina Water Pollution Control Facilities.
Each PARTY agrees to enforce rules and regulations relative to the
discharge of sewage and wastewater to the INTERCEPTOR to insure that anything
introduced into the INTE2CEPTOR is consi stent with the Enci na NPDES discharge
permi t.
Any PARTY failing to conply with the provisions of this Article shall pay
any costs directly or indirectly resulting therefrom, including the cost of
ascertaining and establishing that such violation did occur as well as any
fines, penalties, engineering, accounting, administrative and legal costs, as
we1 1 as any resulting increased operating, maintenance and repl acenent or
repair costs that are incurred.
Article 11. INDEHNITY OF VISTA AND CARLSBAD: SAN MARCOS shall
indemnify, assume the defense of, and hold free and harmless, VISTA and
CARLSBAD, their officers, directors, agents and employees from any and all
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' obligations, liabilities, liens, claims, demands, losses, damages and
expenses, of whatever type or nature, including, but' not limited to,
attorney's fees and all litigation costs arising out of SAN MARCOS'S operation
or maintenance of the INTERCEPTOR or any other act or omission to act by SAN
MARCOS, its agents, servants, employees, invi tees, or independent contractors
relating to the operation and maintenance of the INTERCEPTOR.
Notwi thstandi ng, the foregoi ng , the indemnity agreement created by this
Article shall not indemnify VISTA or CARLSBAD, their directors, agents or
empl oyees against any 1 i abi 1 i ty ari si ng from the negl i gence or will ful
misconduct of VISTA or CARLSBAD, their officers, directors, agents, employees
or independent contractors.
Article 12. SAN WARCOS TO MAINTAIN INSURANCE: SAN MARCOS shall
maintain in force, beginning with the completion of the construction and
extending through the full period of this Agreement, a full comprehensive
pub1 ic 1 i abi 1 i ty and property damage i nsurance pol icy insuri ng against any and
all claims for injuries or death of persons or damage to property occurring
in, upon, or about the property subject to this Agreement.
The insurance contract shall have limits of not less than $1,000,000.00
single-limit coverage; VISTA and CARLSBAD, their officers, directors, agents
and employees, shall be listed as named insureds, and it shall provide for at
least forty-five (45) days notice of cancellation or modification of coverage
or limits. Said insurance shall be included as an operating and maintenance
expense as provided in Article 7.
Article 13. NOTICES: Notices which any PARTY is required to give or
desires to give hereunder may be served upon another PARTY by personally
delivering a copy thereof, or by mailing any such notice by certified mail,
return receipt requested, postage prepaid, addressed as follows:
CITY OF CARLSBAD 1200 Elm Avenue
Carl sbad, Cal i f orni a
VISTA SAM I TAT ION D I STR ICT P.O. Box 1988
Vi sta, Cal i forni a 92083
SAN MARCOS COUNTY WATER DISTRICT 788 West San Marcos Boulevard
San Marcos, California 92069
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Any PARTY may from time to time designate a different address for notice
by notifying the other PARTIES; any notice nailed by regular mail shall be
deemed received by the PARTY to whom such notice is addressed on the date of
the return receipt.
Article 14. AMENDMENTS TO THIS AGREEMENT: This Agreement may not
be altered in whole or in part except by modification in writing, executed by
all PARTIES to this Agreement.
Article 15. ATTORNEY'S FEES: In the event any litigation in law or
in equity, including action for declaratory relief, is brought to enforce or
i nterpret the provisions or performance of thi s Agreement, the prevail i ng
PARTY shall be entitled to the award of a reasonable attorney's fee and the
costs of the proceeding, which shall be determined by the Court or the
presiding officer having authority to make this determination.
If any PARTY to this Agreement becomes a party to any litigation,
concerning the enforcement or interpretation of the provisions of this
Agreement or the perfomance of this Agreement by reason of any act or
omission of the other PARTY or authorized representatives of another PARTY to
this Agreement and not by any act or omission of its authorized
representatives, the PARTY that causes the other PARTY to become involved in
the proceeding shall be liable to that PARTY for reasonable attorney's fees
and costs of the proceeding incurred by that PARTY in the proceeding. The
award of reasonable attorney's fees and costs shall be determined as provided
above .
In the event opposing PARTIES have each prevailed OR one or more causes
of action actual ly contested or adrni tted by pl eadi ngs or pre-hearing documents
on file, the presiding officer shall make an award of attorney's fees and
costs, but the presiding officer nay prorate such fees and costs between
prevailing PARTIES based on the necessity of the proceeding and the importance
of the issue upon which each PARTY has prevailed.
Article 16. ENTIRE AGREEME:JT: Thi s Agreement, together with the
Exhibits hereto, contains a1 1 represmtations and the entire understanding
between the PARTIES with respect to the subject matter of this Agreement. Any
prior correspondence, memoranda or agreements are replaced in total by this
Agreement and Exhibits hereto.
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Article 17. ASSIGEMENT: No PARTY to this Agreement shall be
entitled to assign all or any portion of their rights or obligations contained
in this Agreement without obtaining the prior written consent of the other
PARTIES. This shall not apply to successor agencies which are also PARTIES to
this Agreement.
Article 18. BINDING EFFECT: This Agreement shall inure to the
benef i t of and be binding upon PARTIES hereto and their respective successors,
heirs, and assigns.
Article 19. APPLICABLE LAW: This Agreement and any disputes
relating to this Agreement shall be construed under the laws of the State of
California.
Article 20. UNENFORCEABLE PROVISIONS: The terms, conditions, and
covenants of thi s Agreement shoul d be construed, wherever possible, consistent
wi th appl icabl e 1 aws and regul ations.
To the extent that any provision of the Agreement violates aqy applicable
law or regulation, the remaining provisions shall nevertheless be carried into
full force and effect and remain enforceable.
Article 21. VENUE: For the purpose of litigation or arbitration,
venue shall lie in the North County Judicial District, County of San Diego,
State of California, or, if such venue cannot be exercised, in the Federal or
State Court nearest to the North County Judicial District, County of San Diego.
Articl e 22. - TERM: This Agreement is executed and is to be
performed in the North County Judicial District, County of San Diego, State of
Cal i forni a, and consi sts of 23 pages ( i ncl udi ng Exhi bi ts) , and shall continue
in effect until terminated by mutual agreement of the PARTIES.
Article 23. SIGNATURE AND SEALS: This Agreement shall be effective
on and from the day and year first above written.
IN WITNESS WHEREOF, we have hereunto set our hands and seals.
ATTEST : CITY OF CARLSBAD
c.
BY -City Clerk Mayor
ATTEST: SAN MARCOS COUNTY WATER DISTRICT
bli 11 i am W. Rucker, Secretary Dale Mason, President
ATTEST : CITY OF VISTA
City Clerk Mayor
13 -1 0-
E X H I B I T "A"
I
E .X'H I B I T "B"
EXHIBIT "B"
PALOMAR JOINT LAND OUTFALL INTERCEPTOR
PRE-CONSTRUCTION COST ALLOCATION FOR TASKS 1 AND 2
FROM TABLE 1 CAPACITY OWNERSHIP PERCENTAGES FOR THE THREE AGENCIES ARE:
CARLSB AD 23 98%
VISTA 17.99%
SAN MARCOS 58.03%
DELETING SAN MARCOS, THE OWNERSHIP PERCENTAGES ARE:
CARLSBAD
VISTA
23*98/100 - 58.03 = 57.14
17.99/100 - 58.03 = 42.86
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EXHIBIT C
SEWER MASTER PLAN
MAJOR TRUNK LINE MAP
- 15 -