Loading...
1973-030s 174 i IRESOLUTIONNO. 73-30 . WHEREAS, at a regular council meeting held September 4, 1973, the City Council of the City of Southlake,-Texas, unanimously ap- proved a scope of planning services to be performed by Carter & Burgess, Inc., under the 701 Comprehensive Planning Program; And, WHEREAS, under the said 701 Program two- thirds of the cost of such planning services will be paid by the Texas Department of Community Affairs and one-third by the City of Southlake; And, WHEREAS, a contract for such services has been prepared by the Texas Department of Community Affairs; Now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: 1. The Mayor is hereby authorized to enter into the contract for planning services with Carter & Burgess, Inc., as set out in the copy attached hereto. 2. The payment of the City's one-third share of the cost of such service in the sum of $2,253.00 is to be remitted to the Texas Department of Community Affairs from the General Fund as provided in the 1973-74 Budget. PASSED AND APPROVED this 2nd day of Octobe , A. D. 1973. aw-P,i Mayor ATTEST: City Secretary 0 COMPREHENSIVE PLANNING CONTRACT PROJECT CPA -TX -06-16-1054 CITY OF SOUTHLAKE AND CARTER & BURGESS, INC. AND THE TEXAS DEPARTMENT OF COMMUNITY AFFAIRS THIS AGREEMENT, entered into this 61 day of 1973, by and between the Texas Department of Community Affairs, hereinafter referred to as the "Local Planning Assistance Agency" or "Agency" and the City of Southlake, hereinafter referred to as the Municipality" and Carter & Burgess, Inc., with the principal office located in Fort Worth, Texas, hereinafter referred to as the "Consultant" witnesseth that: WHEREAS, under the provisions of Title VII, Section 701 of the Housing Act of 1954, Public Law 560, approved the 2nd day of August, 1954, amended, funds are being made available by the Department of Housing and Urban Development for planning assistance, including among things the preparation of a general development plan, administrative controls measures and other planning work in certain localities of the State of Texas; and, ' WHEREAS, the 61st Legislature of the State of Texas, House Bill 41219 Regular Session, Chapter 429, Page 1449, has authorized the Governor or his designated representative, upon request of the governing body of any political subdivision or the authorized agency of any group of political subdivisions: (a) to arrange planning assis- tance (including surveys, community renewal plans, technical services, r and other planning work) and to arrange for the making of a study or i report upon any planning problem of any such political subdivision or political subdivisions submitted to the Governor or his representative; b) to agree with such governing body or the agency of such governing bodies as to the amount, if any, to be paid to the Governor's Office for such service; and, (c) to apply for and accept grants from the Fed- eral government or other sources in connection with any such assistance, study or report, and to contract with respect thereto. The regular func- tions of the Office of the Governor or other state agencies may be uti- lized in this program; and, WHEREAS, the 62nd Legislature of the State of Texas, Senate Bill 480 Acts of the 62nd Legislature, Regular Session, 1971, Chapter 879, Page 2697, codified in Vernon's Civil Statutes as Article 4413 (201) VCS, created the Texas Department of Community Affairs and authorized the Governor to transfer personnel, equipment, records, obligations, appropriations, functions, and duties of the Division of State -Local Relations and of other appropriate divisions of his office to the Department of Community Affairs; and, ! WHEREAS, by Delegation of Authority duly executed and becoming 2- effective immediately on July 26, 1971, the Governor has authorized the Executive Director, Texas,Department of Community Affairs, to ex- ercise the functions, powers and duties vested in the Governor by law relating to the administration of local planning assistance, and, WHEREAS, it is the intention of the Local Planning Assistance Agency to use,the funds provided for under Section 701, Title VII, Housing Act of 1954, 83rd Congress, 68th Statute 590, as amended; NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements hereinafter set forth, the parties hereto and legally intending to be bound thereby, do covenant and agree for them- selves and their respective successors and assigns as follows: ARTICLE I CONSULTANT A. The Local Planning Assistance Agency hereby agrees to engage the Consultant and the Consultant hereby agrees to perform the services hereinafter set forth in connection with the project of the Agency under the Comprehensive Planning Contract. B. The Consultant shall perform all the necessary services provided under this Contract in connection with and respecting the planning area as delineated in Article XIV of this Contract. C. All of the services required hereunder shall be performed by the Planner -in -Charge or under his direction. The Planner -in -Charge shall furnish his personal services and time in the amount necessary to 3- institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Agency. K. The Consultant shall accept full responsibility for payment of un- employment insurance, premiums for workmen's compensation and social security, as well as all income deductions and any other terms or pay- roll deductions required by law for his employees engaged in the work authorized by this Contract. L. The Consultant shall save harmless the State and the Municipality from all suits, actions, or claims brought on account of any injuries or damages sustained by any person or property in consequence of any neglect or misconduct by the Consultant or any employee, or on account of any claims or amount recovered from any infringement of patent, trademark, or copyright, or from any claim or amounts arising or re- covered under the "Workmen's Compensation Laws" or other laws. The Consultant shall not be released from such responsibility until all claims have been settled and suitable evidence to the effect furnished the Local Planning Assistance Agency. ARTICLE II MUNICIPALITY A. The Municipality agrees to make available to the Consultant all maps, records, and data on file that will assist the Consultant in the 1, discharge of the services herein contracted. B. The Municipality, its officials, and employees and the members of the Planning Commission and the Commission's staff shall cooperate with 6- the Consultant and the Local Planning Assistance Agency in the discharge of their responsibilities under this Contract and will be available for consultation with the Consultant and the Agency at'such reasonable periods as not to conflict with their own responsibilities. C. The Municipality agrees that the services of the Municipality's Attorney shall be used at no cost to the Consultant or Agency in pre- paring zoning, subdivision or other regulatory controls, if included within the scope of services of the Contract, in the form of ordinances and/or regulations in accordance with applicable State Statutes and local legal requirements and in a form suitable for adoption by the Municipality's governing body. ARTICLE III FINANCIAL OBLIGATION OF THE LOCAL PLANNING ASSISTANCE AGENCY A. It is the understanding of all the parties to this Contract that the Local Planning Assistance Agency, by joining in this Contract, does not pledge or promise to pledge the assets of the State of Texas or any State Agency, nor does it promise to pay any part of the contract sum provided for in this agreement from any monies of the State of Texas except such monies as shall have been granted and paid to the State of Texas for this project by the Department of Housing and Urban Development of the United States Government, and such monies as shall have been contributed to the State of Texas by the Municipality 7- r under the provisions of Article XVII of this Contract. B. It is further understood and agreed by the parties that in the event a Contract is not concluded between the Local Planning Assistance Agency and the Department of Housing and Urban Development covering the project in which the Municipality is included, or should the De- partment of Housing and Urban Development for any reason disapprove this Contract or refuse to make grant funds available to the Agency for the purpose of carrying out the intent of the Contract then this Contract shall be void and shall not be binding on any of the parties hereto. ARTICLE IV DIRECTION OF WORK A. The work done by the Consultant's staff and associates shall be under the personal supervision of the Planner -in -Charge. B. In the aforesaid supervision, the Planner -In -Charge shall act in harmony and coordination with the Municipality and its Planning Commission and with the Local Planning Assistance Agency. C. In order that the Local Planning Assistance Agency may meet its obligations to the Federal Government with respect to supervision or program content and technical quality of the work to be performed by the Consultant under this Contract, the work to be done by the Consultant under this Contract shall be in conformance with the highest standards of comprehensive planning. 8- i D. In the event of any disagreement between the Consultant and the Municipality or the Local Planning Assistance Agency, the recommendation of the Agency shall prevail. ARTICLE V EQUAL EMPLOYMENT OPPORTUNITY CONSULTANT a) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated equally during employment, without regard to their race, color, reli- gion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotions, or transfers, recruitment or recruitment advertising; layoffs or terminations; rates of pay or other forms of compensation; selection for training including apprenticeship; and participation in recreational and edu- cational activities. The Consultant agrees to post in conspicuous places available to employees and applicants for employment notices to be provided setting forth the provisions of this non-discrimination clause. The Consultant will in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive considei`ation for employment without regard to race, color, religion, sex or national origin. The Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that I accomplish effectively the planning work proposed in this Contract. The Consultant shall secure at his own expense all personnel required to perform his services under this Contract. Personnel performing or supervising the performance of engineering, architectural, legal or other similar professional services, who by Statute are to meet stated qualifications, shall be registered or licensed when so required. D. None of the work or services covered by this Contract shall be subcontracted without prior written approval of the Local Planning Assistance Agency. E. The scope of the work to be done under this Contract shall be sub- ject to modification and supplementation upon the written agreement of the duly authorized representative of the contracting parties. How- ever, should the contracting parties be unable to agree unanimously, then the recommendations of the Local Planning Assistance Agency shall prevail, such recommendations to be given in writing. No modification of the terms of this Contract shall be made that would change the total contract price, unless such changes, including any increase or decrease in the amount of the Consultant's compensation, are mutually agreed by and between the Local Planning Assistance Agency, the Consultant and the Municipality and shall be incorporated in written amendments to this Contract. F. The Local Planning Assistance Agency shall be the final judge of the quality of the work performed. 1 G. The work accomplished by the Consultant under this Contract shall 4- be reviewed by the Municipality at such times as are considered neces- sary by the Local Planning Assistance Agency and the approval, disap- proval, or suggestions of the Municipality shall be reported in writing to the Agency, at such times as the Agency may request, or as deemed necessary by the Municipality. H. The Consultant shall provide copies of all draft, interim and final reports to the Local Planning Assistance Agency and the Municipality, such reports to include textual material and maps. Draft and interim reports shall be presented upon completion and final reports shall be delivered not later than the date of termination of this Contract and in quantities stated in the Contract. Progress reports, as required by the Agency, shall be made from time to time in amounts and on the forms specified by the Agency. I. All material developed or acquired by the Consultant for work done under this Contract, including, but not necessarily limited to, base maps, study maps, air photographs, statistical tabulations, publications, studies, reports, etc., shall become the property of the Municipality's planning commission and shall be delivered to the Municipality by the Consultant not later than the date of the termination of this Contract. J. The Consultant shall not assign any interest in this Contract and shall not transfer any interest, whatsoever, in the same (whether by assignment or novation), without prior written consent of the Local Planning Assistance Agency thereto; provided, however, that claims for money due to or to become due the Consultant from the Agency under this Contract may be assigned to a bank, trust company or other financial 5- such provisions'will be binding upon each subcontractor provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. (b) The Consultant shall keep such records and submit such reports concerning the racial and ethnic origin of applicants for employment and employees as the Secretary may require. (c) The Consultant agrees to comply with such rules, regula- tions or guidelines as the Secretary may issue to implement these require- ments. MUNICIPALITY a) The Municipality will not discriminate against any employee or applicant for employment because or race, color, religion, sex or national origin. The Municipality shall take affirmative action to ensure that applicants are employed and that employees are treated equally during employment, without regard to their race, color, reli- gion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotions, or transfers, recruitment or recruitment advertising; layoffs or terminations; rates of pay or other forms of compensation; selection for training including apprenticeship; and participation in recreational and educational activities. The Municipality agrees to post in con- spicuous places available to employees and applicants for employ- ment notices to be provided setting forth the provisions of this non-discrimination clause. The Municipality will in all solicitations or advertisements for employees placed by, or on behalf of the Munici- pality, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The Municipality will cause the foregoing provisions to be 10- inserted in all subcontracts for any work covered by this Contract so that such provisions will be binding upon each subcontractor provided that the foregoing provisions shall not apply to contracts or subcon- tracts for standard commercial supplies or raw materials. (b) The Municipality shall keep such records and submit such reports concerning the racial and ethnic origin of applicants for employment and employees as the Secretary may require. (c) The Municipality agrees to comply with such rules, regulations or guidelines as the Secretary may issue to implement these requirements. ARTICLE VI INTEREST OF MEMBERS OF LOCAL PLANNING ASSISTANCE AGENCY AND OTHERS No officer, member, or employee of the Local Planning Assistance Agency, and no public official of the governing body of the locality or localities in which the project is situated or being carried out who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this project, shall participate in any decision relating to this Contract which affects his personal or pecuniary interest, direct or indirect, in this Con- tract or the proceeds thereof. ARTICLE VII INTEREST OF CONTRACTOR The Consultant covenants that he presently -has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. The Consultant further covenants that in performance of this Contract no person having any such interest shall 11- be employed. ARTICLE VIII FINDINGS CONFIDENTIAL Any reports, information, data, etc., given to or prepared or assembled by the, Consultant under this Contract which the Municipality or the Local Planning Assistance Agency requests to be kept as confidential shall not be made available to any individual or organization by the Consultant without the prior written approval of the Agency. ARTICLE IX OFFICIALS NOT TO BENEFIT No member of or delegate to the Congress of the United States of America shall be admitted to any share or part hereof or to any benefit to arise herefrom. ARTICLE X IDENTIFICATION OF DOCUMENTS All reports, maps and other documents completed as a part of this Con- tract, other than documents prepared exclusively for internal use within the Local Planning Assistance Agency, shall carry the following notation on the front cover or a title page and on the face of maps: 12- t PREPARED THROUGH THE COOPERATION OF THE DEPARTMENT OF COMMUNITY AFFAIRS OF THE STATE OF TEXAS The preparation of this report was financed in part through a comprehensive planning grant from the Department of Housing and Urban Development. ARTICLE XI COPYRIGHT No reports, maps or other documents produced in whole or in part under this Contract shall be the subject of an application for copyright by or on behalf of the Consultant. ARTICLE XII TERMINATION OF CONTRACT A. The Consultant shall have completed all work covered by this Con- tract and this Contract shall terminate as specified herein unless ex- tended by mutual consent of the Local Planning Assistance Agency, the Municipality, and the Consultant. In the event that work is not com- pleted by that date and mutual consent of the three parties for ex- tension of the Contract is not obtainable, the following procedures shall be followed: (1) if refusal to extend is by the Consultant, 13- paragraph C of this section shall apply; (2) if refusal to extend is by the Local Planning Assistance Agency, termination shall occur on the date specified in the Contract or in any subsequent extension and, (3) if refusal to extend is by the Municipality, paragraph D of this section shall apply. B. This Contract may be terminated prior to the expiration of the con- tract period mentioned by unanimous written agreement by'the three parties to this Contract. C. If, through any cause, the Consultant shall fail to fulfill in timely and proper manner his obligations under this Contract, or if the Con- sultant shall violate any of the covenants, agreements or stipulations of this Contract, the Local Planning Assistance Agency shall thereupon have the right to terminate this Contract by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, reports, photographs, etc., prepared by the Consultant under this Contract shall, at the option of the Local Planning Assistance Agency, become the Agency's property and the Con- sultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents. Notwithstanding the above, the Consultant shall not be relieved of liability to the Agency Y or the Municipality of damages sustained by the Agency or the Munici- pality by virtue of any breach of the Contract by the Consultant, and the Agency may withhold any payments to the Consultant for the purpose of 14- set-off until such times as the exact amount of damages due the Agency and the Municipality from the Consultant is determined. D. The Local Planning Assistance Agency may terminate this Contract at any time by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least 15 days before the effective date of such termination. In that event, all unfinished doc- uments and other materials as described in paragraph C shall, at the option of the Local Planning Assistance Agency as provided herein, become its property. If the Contract is terminated by the Agency as provided herein, the Consultant will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of .the Consultant covered by this Contract, less payments of compensation previously made. E. Upon request in writing from the Municipality, the Contract may be terminated by the Local Planning Assistance Agency prior to the expira- tion date of the Contract. If such termination is agreed to, then can- cellation shall be in conformance with the terms set forth in paragraph D of this section. ARTICLE XIII OFFICE SPACE The Municipality agrees to make available,'to the Consultant, without charge to the Consultant or Local Planning Assistance Agency, the space needed for compiling data from City records and the Consultant hereby agrees not to include any charge for such space in his fee. The space shall be furnished only with available furniture and shall not include special equipment. 15- ARTICLE XIV SCOPE OF SERVICES The Consultant shall prepare elements of a general comprehensive plan to guide the development of the Municipality for the forthcoming twenty years. The Planning Area shall be the corporate area of the Municipality plus an area around the corporate area which includes the Municipality's present area of extraterritorial jurisdiction. The planning work shall be undertaken and accomplished with due consideration of and in coordination with plans for future growth of all adjacent urban areas. The plans and programs pre- pared as a part of this project shall be coordinated with those of the North Central Texas Council of Governments. The Consultant shall review maps, materials and reports, if available, in the office of the North Central Texas Council of Governments pertaining to this scope of services to ascertain the feasibility of using such data or information in the preparation of these planning elements. Wherever appropriate, the Consultant shall use regional information provided by, or pertaining to, North Central Texas State Planning Region, (4), represented by the North Central Texas Council of Government. A. Base Mapping 1. Existing mapping shall be up -dated to illustrate all existing and/or approved subdivision plots. 2. All maps developed as a part of this Contract shall bear the following: a. Scale, Northpoint; b. Title Block and Legend; c. Credit titles and lines identified in Article X, Identification of Documents. B. Land Use - Condition of Structures 16- 1. Existing Land Use a. A survey shall be made of each lot, tract, parcel and plot of land within the planning area to ascertain the present use; to determine distribution patterns and development characteristics of the planning area. b. The entire area shall be surveyed in terms of the following land use classifications: 1) Residential (single family, two-family, multi -family and mobile homes); 2) Commercial; 3) Industrial (light and heavy); 4) Public and Semi-public; 5) Vacant (developed and undeveloped); 6) Any other additional sub -categories and classifications as may be required to accurately depict existing land uses. c. Two maps shall be prepared of the planning area at a scale of 1" = 800' to illustrate existing land uses. One map shall be symbol -coded for reproduction purposes and the other shall be color -coded, but not in reproducible form. 2. Land Use Analysis a. An analysis of existing land uses shall be prepared to include, but not necessarily be limited to the following: 1) A tabulation of existing uses'within the planning area by neighborhoods to show the total acres of each use, percentage each use is of the total developed area, acres per 100 persons and the aggregate amount of land. 2) An evaluation will be conducted to determine the net amount of 17- land available for development, and an identification of unique and unusual land development problems. 3) Prominent physical features of the planning area shall be recognized and illustrated on both, the existing land use and future land use maps. As a minimum the following shall be considered. a) Swamps, marshes, areas subject to inundation; b) Lands that due to unusual physical characteristics, whether natural or manmade, appears infeasible to develope; c) Undeveloped lands with aesthetic, ecological or environ-!- mental nviron- mental characteristics that should remain undeveloped. 3. Future Land Use Plan a. Factors affecting the development of land in the planning area shall be summarized to include, but not necessarily need be limited to the following: 1) Existing land use patterns and trends; 2) Thoroughfares; 3) Physical features, natural and man-made; 4) Utility extension policies; 5) Schools and recreational areas. b. Based on existing standards and innovative development concepts, a future land use development plan shall be prepared to meet require- ments of the anticipated population. Such plans prepared shall illustrate the following: 1) The major components of a thoroughfare plan; 2) Major land use categories, based on the best and most appro- priate use of the land to include: 18- a) Residential (low, medium and high density developments); b) Public, semi-public; c) Parks and open space, to include linking corridors; d) Commercial; e) Industrial. 3) Areas recommended for development shall be related to utility extension policies, school construction policies, thorough- fare planning, land development and management policies. 4) Condition of Structures a) A condition of Structures Map shall be prepared on a planning area map to illustrate the conditions of structures within the planning area as inventoried in July, 1972. b) Classifications shall be as follows: 1) Standard structures; 2) Structures requiring annual maintenance or minimal rehabilitation; 3) Structures, where exterior condition as such that an interior survey should be conducted before final classification is made; 4) Dilapidated structures. c) Areas of concentrated blight shall be delineated and an analysis conducted of environmental, social, economical and physical factors that have influenced blighted con- ditions shall be discussed and recommendations made to alleviate such influences. C. Circulation - Environmental Assessment 1. Inventory and Analysis 19- a. A survey`and analysis shall be conducted to identify and determine the present condition and usage of all streets, roads, and thorough- fares within the planning area. The survey and analysis shall as a minimum include the following: 1) Traffic counts, where available; 2) Right-of-way widths, where available; 3) Pavement width, type and condition of surfacing; 4) Traffic generators. b. Existing data should be available through the Municipality, the Texas State Highway Department and supplemented through field survey by the Consultant where necessary. A map shall be pre- pared at a scale of 1" = 800' of the planning area illustrating data identified in l.a above. c. A recommended standard shall be prepared, with municipal approval for all classes of streets and thoroughfares anticipated to be needed during the planning period. d. A plan for major and secondary thoroughfares development shall be prepared at a scale of 1" = 800' for the planning area. Such plans prepared shall be inconsonance with plans of the Texas State High- way Department and the North Central Texas Council of Governments. The plan as a minimum shall include, but not necessarily be limited to the following: 1) The location of all existing and proposed thoroughfares, major and secondary; 2) Recommended right-of-way and pavement widths for thoroughfares included in the plan; 3) Recommended expansion and improvements of existing thorough- 20- fares to bring them up to recommended standards, including considerations of existing and future traffic volumes, traffic generators, traffic controls, etc; 4) Be in consideration of existing and future patterns and in- tensity of land developments as they relate to traffic gener- ation, the location of thoroughfares in relation to other thoroughfares, and services to adjacent developments. 2. Environmental Assessment Environmental data published under the provisions of the Municipality's previous Comprehensive Planning Contract, dated July 27, 1972 shall be utilized to the fullest extent possible in the development of these planning elements which shall conform to the following format: a. The Consultant shall prepare an environmental assessment of the planning program aspects which result in development plans or policies for land use, major community facilities, major utility systems, major transportation systems for the protection of natural area (estuaries, coastal zones, etc.). The assessment which shall not be written as a justification for any proposed project, program, task or policy, shall: b. Include the following: 1) A summary or abstract of the proposed plan or policies; 2) The environmental impact (beneficial as well as adverse) of the proposed plan or policies; if they are carried out; 3) Any adverse environmental effects which cannot be avoided should the proposed plan or policies be implemented; 4) Alternatives to the proposed plan or policies and an analysis of those alternatives; 21- E. Citizens' Participation and Planning Administrator 1. Citizens' Participation a. A "mechanism" (citizens committee) designed for citizens partici- pation shall be established by the Municipality to provide a means for area residents participation in the planning process. Citizens other than the governing body) shall formally be involved in the review of planning proposals, the establishment of priorities, and the development of programs for area needs. b. The views of low-income families and minority groups shall be solicited and recognized through the established Citizens' Committee. 2. Planning Administrator The Municipality shall assign a permanent staff member as Planning Administrator to administer the planning program. The Planning Ad- ministrator shall have at least a part-time responsibility for the planning program of the community. F. Planner -in -Charge 1. During the period of the Contract, the Planner -in -Charge shall be Bart Bradford. The Planner -in -Charge shall attend a minimum of one meeting per month during the period of the contract for the purpose of obtaining substantial understanding and participation in the total planning process for the Municipality. Should the Planner -in-Charge become unable to continue with the discharge of his duties under this contract, the firm of Carter & Burgess shall immediately notify the Planning Assistance Agency and all work under this Contract shall be suspended until the services of a person meeting the Agency's quali- fications for a Planner -in -Charge has been obtained and until this 23- OF 5) The relationship, under the proposed plan or policies, between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity; 6) Any irreversible and irretrievable commitments or resources which would be involved if the proposed plan or policies should be implemented; 7) A statement setting forth applicable Federal, State and local environmental controls. c. Be appended to the plan and accompany the plan through all delib- erations leading to approval. d. Municipal Obligation The Municipality shall conveniently locate copies of the plan and the environmental assessment in City offices and shall make them available to the public on a timely basis, including availability before public hearings regarding the plan. e. Draft Reports 1) Prepare and present draft copies of reports containing work accomplished under this contract to the Municipality and the Planning Assistance Agency for review and comment. D, Interim Report 1. An Interim Report shall be prepared by assembledge of the approval draft reports. The interim report shall be designed and assembled so as to present the overall aspects.of these elements to the general public and shall clearly define their interrelationship. The report shall contain recommendations for element implementation, and shall reflect those changes required through the review process by the Agency and the Municipality. 22- k Contract has been amended to replace Bart Bradford as Planner -in - Charge with the person meeting the Agency's qualifications for Planner - in -Charge. 2. The Planner -in -Charge shall present published reports to the Munici- pality's planning commission at scheduled meetings. 3. The Planner -in -Charge shall advise the Municipality's Planning Comte mission in the administration and procedures to carry out current planning duties and those concerning zoning and subdivision plats during the contract period and within contractural limitations. 4. The Planner -in -Charge shall assist the Municipality's Attorney in the preparation of the administrative ordinance in a form suitable for adoption by the City Commission. 5. During the period of the contract, the Planner -in -Charge shall attend the hearings prescribed by State Statues and local codes as prere- quisite to the adoption of the administrative control ordinances by the City Commission. 6. Prior to the preparation of the Interim Report, the Planner -in -Charge shall furnish the Planning Assistance Agency in quintuplicate, a re- port summarizing his activities in coordinating the proposals contained in the interim or preliminary reports with interested checkpoint review agencies or officials and summarizing the comments by each agency or official on the preliminary plans reviewed. Checkpoint review agencies or officials shall include the Municipality's Governing Body, Planning Administrator, the Planning Commission, the North Central Texas Council of Governments, and other local, State or Federal agencies that have an official interest in one or more phases of the Municipality's planning program. 24- I . V G. Reports and Publications 1. The following individual publications shall be prepared and the stated number of copies shall be delivered to the appropriate Agency as indicated: a. Draft Reports Item Title Municipality DCD Date Due B & C Land Use -Condition of Structures -Circulation Environmental Assess- ment 25 4 Nov., 1973 b. Interim Report Item Title Municipality DCD Date Due D Interim Report 50 15 Dec. 15, 1973 c. Failure of the Consultant to submit reports as specified above shall be cause for immediate termination of this contract. 2. The final report (Interim Report) produced as a work item under this Contract shall contain an abstract of the report on the page after the cover. The abstract shall be short and unambiguous and shall comply with the National Technical Information Services Form NTIS 35 (10-70). 3. Deliver the following mapping to the Municipality as indicated below: Description of Maps Scale Reproducible Print Existing Land Use 1" = 800' 1 1 Condition of Structure 1" = 800' 1 1 Future Land Use Plan - - - Symbol -Coded 1" = 800', 1 1 Color -Coded 1" - 800' - 1 Street Condition Map 1" = 800' 1 1 Circulation Plan 1" - 800' 1 1 25- 4. Reduced size prints in usable form of all maps, except color -coded maps shall be prepared and included in appropriate reports. 5. The Planning Assistance Agency shall be furnished five (5) copies of each chart, graph, map or similar material that is prepared as a part of this planning project but not included in published form. Five (5) 8" x 10" photographs or reduced prints may be submitted in lieu of full scale prints. ARTICLE XV SCHEDULE OF PLANNING SERVICES A. No work shall be commenced under this Contract and no obligations for any payment under this Contract shall be incurred until the planning representative of the Municipality and the Consultant have been advised in writing by the Planning Assistance Agency that both Federal funds and funds of the Municipality have been made available to the Agency for the purpose of this Contract and that, accordingly, work should commence. B. Following notification to commence the Consultant shall proceed with his services in such sequence as to insure their expeditious completion in the light of the purpose of this Contract. But in any event all the services required hereunder shall be completed and submitted to the Municipality and the Planning Assistance Agency on or before December 15, 1973. ARTICLE XVI A. For and in consideration of the services.to be furnished by the Consultant, the total amount payable by the Planning Assistance Agency under this Con- tract shall be the sum of $6,560 which shall constitute full and complete compensation for the Consultant's services hereunder. B. The Planning Assistance Agency shall, upon requisition, compensate the 26- E r k Consultant in the amount provided herein after the specified work has been delivered and accepted, except that ten (10) percent of'each payment shall be retained until the Consultant has complied with all the requirements of this Contract and until the Planning Assistance Agency has received all Municipal and Federal funds payable under this project: Contract Item Title Cost or Fee B. Land Use -Condition of Structure $3,310 C. Circulation & Environmental Assessment $2,500 D. Interim Report $ 750 Should provision of Article XII be effected, the sub -items shall be used to determine the value of services rendered. C. It -is expressly understood and agreed that under no event will the total compensation and reimbursement to be paid herein exceed the maximum sum of $6,560, for all services required. D. The Consultant shall prepare and present planning reports to the Munici- pality and the Agency in the timely manner as set forth in this Contract under Article XIV "Reports and Publications". If the reports are not sub- mitted as specified and/or are not of a quality acceptable to the Agency and the Municipality, then, subsequent reports shall be terminated in the following manner: 1. If the first report is not submitted as scheduled or is of unacceptable quality, then the last report shall be eliminated from th@ Contract along with compensation therefor. 2. The identical sequence above shall be continued until contractural terms are complied with or the contract is terminated. 27- XV11 CONTRIBUTION BY MUNICIPALITY T 0 A. It is agreed between the parties that the Municipality shall cause to be paid to the Local Planning Assistance Agency the sum of $2,253, which monies shall represent contribution by the Municipality for its portion of the project costs. B. The contribution provides for in "A" above shall be paid by the Munici- pality to the Local Planning Assistance Agency as follows: 2,253 at the time the contract is signed. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. LOCAL PLANNING ASSISTANCE AGENCY FOR YOUR INFORMATION BY Paul G. Reyes, AIP, Director Division of Comprehensive Planning MUNICIPALITY YOUR INFORMATIONtOR Y Wade Booker, Mayor City of Southlake 28- M CONSULTANT Spa YOUR INFORMATION BY Eugene H. Carter, President Carter & Burgess, Inc. APPROVED AS TO FORM ATTORNEY GENERAL OF TEXAS BF OR YOUR INFORMATION Assistant