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HomeMy WebLinkAboutCityMgrForm.835.09-19-1973 . � CITY MANAGER FORM ORDINANCE N0. g�.S'� AN ORDINANCE APPROVING AND PROVIDING FOR THE EXECUTION OF A PROPOSED URBAN PLANNING CONTRACT BETWEEN THE CITY OF CAPE GIRARDEAU, MIS50URI: SOUTHEA5T MIS50URI REGIONAL PLANNING COMMISSION AND THE MISSOURI DEPARTMENT OF COMMUNITY AFFAIRS WH�REAS, under the provisions of Title VII, Section 701 of the Housing ACt of 1954, Public Law 560, 83rd Congress , Chapter 649 , 2nd Session, 68th Statute 590, funds are being made available by the Department of Housing and Urban Develop- ment for planning assistance, including among other things the preparation of a general plan, administrative control measures and other planning work in certain communities of the State of Missouri; and WHEREA5, the Legislature of the 5tate of Missouri has designated the Missouri Department of Community Affairs as the official Planning Agency in the State and Community Affairs Planning and Development Act of 1967, Chapter 251 R5Mo 1967, Supp. ; and GIHEREAS, the 5outheast Missouri Regional Planning Commission (hereinafter referred to as °°Commission" ) is an agency under the Missouri Department of Community Affairs (hereinafter referred to as "Planning Agency") and the Commission and Planning Agency desire to enter into an Urban Planning Contract with the City of Cape Girardeau, Missouri, (hereinafter referred to as "City") under the Urban Planning Grant Contract No. CPA-MO-07-36-1007/SA-257; and WHEREAS, the City has given due consideration to said proposed Contract; and WHEREA5, the City is duly authorized, .under and pursuant to the Constitution and laws of the State of Missouri, to enter into and execute such proposed Contract. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MIS50URI, AS FOLLOWS: SECTION l. The proposed Contract, designated "Urban Planning Contract", a copy of which is attached hereto and ,:w � �:r�� ,'���',. U� y'' ' ,-. - 2 - incorporated as "Exhibit A", between the 5outheast Missouri Regional Planning Commission, Missouri Department of Community Affairs, and the City of Cape Girardeau, Missouri, is hereby in all respects approved. SECTION 2 . The Mayor is hereby authorized and directed to execute said proposed Contract on behalf of the City of Cape Girardeau, Missouri , and the City Clerk is hereby authorized and directed to impress and attest the official seal of the City on said Contract and to supply such other documents relative to the approval and execution thereof as may be required by the Commission and Planning Agericy. 5ECTION 3 . The City agrees to abide by all of the provisions , terms and conditions of said Contract. SECTION 4. This ordinance shall take effect ten days after its passage and approval. PAS5ED AND APPROVED THI5 �9� DAY OF , 1973 . � i MAYOR ATTEST: �� `� , �--�--�-�� CITY CL RK , � , . URBAN PLANNING CONTRACT • CITY OI' CAPE GIRARDEAU SOUTHEAST MISSOURI REGIONAL PLANNING COMMISSION and the MISSOURI DEPARTMENT OF COMMUNITY AFFAIRS --�- . - THIS AGREEMENT, entered into this day of 19 by and between ' the Missouri Department of Com�nunity Affairs, hereinafter referred to as the "Planning Agency" and 'y the City of C a p e G i r a r d e a u liereinafter referred to as tlie "Municipality", and the S o u t h— east P4issouri Regional Planning Cam. with principal offices located in Perryville , Mo . liereinafter referred to as the "Commission", witnesseth that: WHEREAS, uilder the provisions of Title VII, Section 701 of the Housing Act of 1954, Public Law 560, 83rd Congress, Chapter G49, 2nd Session, 68th Statute 590, approved the 2nd day of August 1954, as amended, (40 USC 461-462) hereinafter referred to as Sectioil 701 of the Housing Act of 1954, funds are being made available by the Department of Housinb and Urban Development for planning assistance, including among other tlungs the preparation of a general pla�i, administrative control measures and otlier planniiig work u1 certain coinmunities of the State of Missouri, and; WHEREAS, the Legislature of the State of Missouri has designated the Missouri Department of Community Affairs as the official Planniilg Agency in the State and Cominunity Affairs Planning and Development Act of 1967, Cliapter 251, RSMo. 1967 Supp., and; V�HEREAS, it is the intention of the Planning Agency to use the ftulds provided for under Section � 701_of the Housing Act of 1954, as amended; NOW THEREFORE, in consideration of the fore�oing 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 themselves and their respective successors and assigns as follows: ARTICLE I EMPLOYMENT AND DUTIES OF COMMISSION (a) The Planning Agency hereby agrees to engage thc Commission and the Commission hereby agrees to do, perform, and carry out, in a professional manner as set out in Paragraph (c) Article IV the services set forth in "Scope of Serviccs" as defined in the attaclied Appendix A (which is appended hereto and made a part of tliis coiitract)in connection with the project of the Planning Agency under the UrUan Planning Grant Contract No. C P A—MO—0 7—3 6-10 0 7/S A—2 5 7 (b) The Cominissioil sliall perform �ill tlie necessary services provided under tlus contract in eonnection with and respecting tlie following Niuilicipality and tlie area, or areas herein called the "planningarea": All of that area lying �aithin the corporate limits of the City of Cape Girardeau , Missouri , and that unincorporated area within two (2) miles thereof. (c) The Commission will furnish a professionally qualified person who shall be called the Planner-in-Charge. All of the services required heretuider shall be performed by the Planner-in-Charge or under tus direction. The Planner-in-Charge shall furnish personal services and time in the amount necessary to accomplish effectively the planning work proposed in tliis contract. The Commission shall secure at its own expense all personnel required to perform the 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. The Planner-in-Charge of the work program covered by this Contract shall be Th omas G. Tu cke r . In the event the Planner-in-Charge of this project shall die ar otherwise Uecome unavailable for any cause, the Cominission will fizrnish another Planner-in-Charge subject to the approval of the Planning Agency. � (d) None of tlle work or services covered by this contract sliall be subcontracted without prior written approval of the Planning Agency. EXHIBIT `�° Page 1 of 6 pages , , . , � , (e) The seope of the work to be done under this eontract'shall be subject to modification and supplementation upon the written agreement of the duly authorized representatives of the contracting parties. However, should the contracti�Ig parties be unablc to agree unanimously, theiz the recommendations of the Planning Agency shall prevail, such recominendations to be givei� in writing. No modification of the terms of this contract shall be made that would change the total contract price, �anless such changes, including any incrcase or decrease in the amount of the Commission's coinpensation, are mutually abreed by and betwee�l the Planiiing Ageilcy, the Commission and the . Municipality and shall be incorporated in written ameildments to this contract. (f) T'he activities of the Comnlission's staff and associates shall be fully coordinated with the activities of the Municipality's Plannu�g Comillission, the staff of said Planning Commission, and the Planning Agency. As the work of the Commission's staff and associates progresses, the Commission's advice on matters of immediate concern to the Municipality's Planning Commission and related to the specific program eovered by tlus contract shall be made available to the Municipality's Planning Commission during the period of tlus Coirtract, but such advice shall iiot be required to be given if the time consumed in the giving thereof would impede progress of the specific work program covered by this � contract. (g) The Planning Agency shall be the sole jLidge of the quality of the work performed. (h) Thc work accomplished by the Conlmission under tlus contract shall be reviewed by the Municipality's Planning Commission at such tirnes as are considered necessary by the Planning Agency. The approval, disapproval, or suggestions of the Mwlicipality shall be reported in writing to the Planning Agency at such tiines as the Planning Agency may request, or as deemed necessary by the Municipality. (i) The Commission sliall provide copies of all interim and final reports to the Plaiining Agency and the Municipality's Planning Commission, such reports to include textual material and maps. Five copies of interim reports shall be delivered when finished, but not later than the date specified in the Tabular Summary, and twenty-five copies of all fiilal reports sliall be dclivered not later than the date of termination of tlus coiltract to the Plai�ning Agency. Progress reparts, as required by the Planning Agency, shall be made from time to time in amounts and in the forms specified by the Planning Agency. (j) All material developed or acquired by the Commission for work done under this contract ' shall become the property of the Municipality after final audit of the project by the Department of Housing and Urban Developrnent. All such material shall not be released to the public prior to the ternunation of tlus contract without the prior written approval of the Municipality with the consent of the Planning Agency. � (k) The Commission sllall not assign any interest in tlus contract and shall not transfer any interest, whatsoever, in the same (whether by assi�lment or novation), without the priar written consent of the Plannuig Agency thereto; provided, however, that claims for money due or to become due the Cominission from the Planning Agei�cy under this contract may be assigned to a bank, trust company or other financial iristitution without such approval. Notice of any such assigntnent or transfer shall be furnished promptly to the Planning Agency. (1) Any reports, information, data, et cetera, to or preparcd or assembled by the Commission under this contract which tlie Planning Agency requests to be kept as confidential shall not be made available to any individual or orbanization by the Commission without the prior written approval of the Planning Agency. (in) The Commission shall save harmless the State and tlie MuYiicipaliry 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 inisconduct by the Commission or any employee, or on account of any claims ar amount recovered for any infringernent of patent, trademark,or copyright, or from arly claim ar amounts arising or recovered under the "Workmen's Compensation Laws" or any other laws. The Commission shall not be released from such responsibility until all claiins have been settled and suitable evidence to the effect furnished the StatE Planning Agency. (n) The Cominission will repay any grant payments which, at any time the project is audited or at the time of final audit, are determined to be ineligible under this grant contract. ARTICLE II MUNICIPALITY (a) ' The Municipality agrees to make available to the Cominission all maps, records and data on file that will assist the Commission in the discharge of the services herEin contracted. Page 2 of 6 pages (b) The Muiucipality, its officials and enlployees and tl�e I�ieinbers of the Municipality's Planning Coinmission aild the Municipality's Plaiining Commission's staff shall cooperate with the Commission and the Planning A�ency in the dischar�e of their responsibilities under this contract and will be available for consultation with tlie Commission aild tlie Planning Agency at such reasonable � periods as not to conflict with th�ir own responsibilities. (c) The Nlunicipality agrees that the services of the Mluiicipality's Attorney sliall be used in . preparing zoning and subdivision controls in the form of ardinances and/or regulations in accordance with applicable State Statutes and local legal requirements a�id in a farin suitable for adoption by the City's Governing Body. (d) It is agreed between tlie parties that the Municipality shall cause to be paid to the Planning Agency the sum of $2 , 5 0 0 . 0 0 wluch monics represent the contribution by the Municipality for its portioii of tlie project costs. The contribution provided herein shall be paid by the Municipality to the Planning Agency at the beginning of the project period. ARTICLE III FINANCIAL 0�3LIGATIONS OF THE PLANNING AGENCY (a) It is the u�iderstandiiig of all the parties to this contract tllat the Planning Agency, by joiiung in this contract, does �Iot pledge or proinise to pledge the asscts of the State of Missouri or of the Planning A�ency or any otlier State Agency, nor does it pron�ise to pay atly part of the contract sum provided for in this agreemcllt from any monies of tlie State of Missouri except such monies as shall have been granted and paid to the Pl�lnning Abency for this project by the Department of Housing and Urban Development of thc United States Govermnent, and such monies as sliall liave been contributed to the Plannulg Agency by the Mu�iicipality under tlie provisions of Article II of tlus contract. (b) lt is further understood and agreed by the parties that in the event a contract is not concluded between the Ylanni�ig Agency ai�d the Departillent of Housing and Urban Development covering the project of which tlie Municipality is iricluded, or sliould the Department of Housing and Uri�an Development for any reason disapprove this contract or 1-efuse to make grant funds available to the State for the purpose of carrying out the intent of this contract, then this contract shall be void and • shall not be binding on any of the parties hereto. ARTICLE IV DIRECTION OF WOKK (a) The work done by the Commission's staff and associates and the Plan�ler-in-Charge shall be under the supervision of tlie Commission or stich a qualified persori as shall be designated by the Commissiotl and approved by the Plamiiilg Agency witli concurrence of tlie Municipality. (b) In tlie aforesaid supervision, thc Commission or its representatives shall act in complete harmony and coordinatioi� with the Municipality's Planning Commission and the Planning Agency. (c) I�l order tliat tlie Planiiiiig Agency may iueet its obligatioiis to the Federal Government with respect to supervision or program content and technical quality of tlie work to be performed by the Cominission under this contract, the work to be done by tlie Commission under this contract shall coiiform in all particulars to the purposes ilicluded in 40 U.S.C. Sect. 461 and that it conform to the quality, specificity, and coi�ipleteiiess coinmon to like comprehensive planniiig projects perfomed in the State of Missouri under the auspices of the Department of Community Affairs and the Housing Act of 1954. (d) In the event of any disagreement betweeii the Conunission and either the Municipality or the Planning Agency, the recommendation of the Planning Agency shall prevail. ARTICLE V EQUAL EMPLOYMENT OPPORTUNITY In carrying out the project work the Cominissioii will not discriminate agaiTist any employee or applicant for employment because of race, sex, relibion, color or national origin. The Commission will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, sex, religion, color or national origin. Such action shall include, l�ut not be limited to the following: employmetlt, upgrading, deinotion, or tra�lsfer, recruitnient or recruitment advertising; layoff or termination; rates of pay or other forms of coinpensation; and selection for trainii�g, including apprenticesliip. The Commissioil agrees to post in conspicuous places, ' available to employees and applicants for employment notices to be provided by the Planning Agency Page 3 of 6 pages setting forth the provisions of tlus nondiscriminatioli clause. T}ie Gommission will, in all solicitations or advertisements for employees placed by or on behalf of the Commission, state that all qualified applicants will reeeive consideration far employment without regard to race, sex, religion, color or national origin. The Commission shall include similar provisions in all subcontracts for services covered � by this contract. ARTICLE Vl . INTEREST OF MEMBERS OF PLANNING AGENCY AND OTHERS No officer or employee of the Planning Agency or member of its governing body who exercises any function or responsibility in connection with the undertaking or carrying out of the project shall, prior to the completion of tlie project, voluntarily acquire any personal interest, direct or indirect, in any contract or proposed contract in connection witli the project. If any such member, officer, or employee presently has, or in the future involuntarily acquires any such personal interest, he shall immediately � disclose such interest to the Planning Agency. Upoi1 such disclosure such member, officer or employee � shall not participate in any action by the Planning Abency affecting the carrying out of the project. The Planning Agency shall promptly advise the Government of the facts and circumstances concerning any disclosure of interest made to it pursuant to tlus paragraph. No official or employee of the Planiung Agency and no official or employee of the Municipality or of its governing body and no other public official of the locality or localities in whicli the project is situated or being carried out who exercises any functions or responsibilities in tlie review or approval of the undertaking ar carrying out of the project shall, prior to the completion of the project, voluntarily acquire any personal interest, direct or indirect, in any contract or proposed contract in connection with the project. ARTICLE VII INTEREST OF CONTRACTOR The Commission covenants that it presently has no interest and sliall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the perforinance of ita services hereunder. � The Commission further covenants that in the perforinance of this contract no person having any such interest shall be einployed. ARTICLE VIII � � OFFICIALS NOT TO BENEFIT � No inember of or delegate to the Congress of the Uiuted States of America shall be admitted to any share or part hereof or to any benefit to arise herefrom. ARTICLE IX IDENTIFICATION OF DOCUMEN'I'S All reports, maps, and other documents completed as a part of tlus contract, other than documents exclusively for i�nternal use within the Planning Agency shall carry t}ie followin� notation on the front cover or title page (or, in the case of maps in the same block) containing the name of the Planning Agency: CPA-MO-07-36-1007/ Urb�ln Planning Grant Project No. S A-2 5 7 . This planning project contracted through the Missouri Department of Community Affairs. The preparation of tlus report was financed in part through a comprehensive planning grant from the Department of Housing and Urban Development. together with the date (month and year) the docui�ient was prepared and the name of the muilicipality, metropolitan area, or other planning area concerned. ARTICLE X COPYRIGHT No reports, maps or other documents produced in whole or iri part under this contract shall be the subject of an application for copyright by or on behalf of the Commission. Page 4 of 6 pages ARTICLE XI TERMINATION OI; CONTRACT ' (a) The Commission shall have conlpleted all work covered by tlus contract and this contract � shall terininate as specified in the contract unless extended by mutual consent of the Planning Agency and the Commission and the Municipality. In the eveiit that work is not completed by that date and mutual consent of the three �parties for extension of the contract� is not obtainable, the following procedures shall be followed: (1) if refusal to extend is by the Commission, paragraph (c)of this section shall apply, (2) if refusal to extend is by the Plannulg Section or the Municipality, paragraph (d) of this section shall apply. (b) Tlus contract may be terminated prior to the expiration of the contract period mentioned by unanimous written agreement by the three parties to this contract, or; (c) If, through any cause, the Commission shall fail to fulfill in timely and proper manner its obligations under tlus contract, or if the Commission sha11 violate any of the covenants, agreements or stipulations of this contract, the Planning Agency shall thereupon have the right to terminate ttus contract by giving written notice to the Commission of such termination. In such event, all finished ar unfinished documents, data, studies, surveys, drawings, maps, models, reports, photographs, etc.; prepared by the Commissiou under tliis contract shall, at the option of the Planning Agency,hecome the Planning Agency's property and the Commission shall be entitled to receive just and equitable compensation for any satisfactory work completed on suc}i documents. Notwithstanding the above, the Commission shall ilot be relieved of� liability to the Planning Agency or the Municipality for damages sustained by the Planning Agency or the Municipality by virtue of any breach of the contract by the Commissioii and the Planning Agency tnay withhold any pay�nents to the Commission for the purpose of setoff until such times as tlie exact an�ount of dama�es due the Plannin� Agency and the Municipality from the Commission is determined. (d) The Planning Agency may terminate this contract any time by a five-day notice in writing fi�om the Planning Agency to the Coinmission. If the contract is terminated by the Planning Agency as provided herein, the Commission will be paid an amount wluch bears the same ratio to the total , compensation as the services actually performed bear to the total services of the Commission covered by tlus contract,less payments of compensation previously made. (e) The Municipality may request termination of this contract prior to its,expiration, in writing to the Planning Agency. If such termination is agreed to, then cancellation shall be in conformance with the terms set forth in paragraph (d) of this Article. • ARTICLE XII OFFICE SPACE Thc Municipality hereby agrees to make available to tlie Colnmission, without charge to the Commission or Planning Agency, tlie spacc needed for eoinpiling data from city records and the Commission hereby agrees not to include any charge for such space in its fee. The space shall be furnished only with available furniture aiid shall not include special equipinent. ARTICLE XIII TIME OF PERFORMANCE (a) The services of the Coinnlission are to commence when notified in writing by the Planning � Agency and shall be tindertaken iii such sequence as to assure their expeditious coTnpletion in the light of the purposes of this contract, but in any event all of the services required hereunder shall be completed and submitted to the Municipaliry and the Plannulg Agency on or before the expiration of tiwelve (�2) consecutive calendar months following the date of this contract. � (b) Costs incurred befare the execution of the contract may be considered as eligible project costs provided they are incurred in conformity with the provisions of this contract. (c) For the purposes of review, the work coinpleted under tlus contract will be divided into quarters. At the end of eacli quarter the program monitor, representuig the Planning Agency, must approve the progress of work for that quarter in order that the program may continue to proceed fiscally into the next quarter. � Page 5 of 6 pages ARTICLE XIV COMPENSATION TO COMMISSION (a) Tlie Planning�� Agency agrees to pay tlle Commission the total sum of T e n T h o u s an d D o 11 a r s ($10 , 0 0 0 . 0 0) for the abovc services, which includes payment for all travel and subsistence expenses incurred in the perform�uice of said services. (b) � The Planning Agency will pay to the Conlmission the amount or amounts set forth in paragraph (a) wluch shall constitute full and complete compensatioi7 for the Commission's services hereunder. Such sums will be paid in the manner described in Appendix B, which is appended hereto and made a part of tlus contract, in every case, subject to receipt of a requisition for payment from the Commission speeifying that it has performed the work under this contract in conformance with the contract and that it is entitled to receive the amount requisitioned under the terms of the contract. (c) It is expressly understood and agreed that in no event will the total compensation and reimbursement, if any, to be paid hereunder exceed the maximum sum of $10 , 0 0 0 . 0 0 for all the services required. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. STAT� OF MISSOURI CITY OF CAPE GI1tARDEAU , MISSOUI2I D�PARTMENT OF COMMUNITY AFFAIRS Planning Agency g y ���o-z.u�u-d �c' / � 'c.`--' B Y Mayor Director � � �� Attest : � �'`t ��--� Date City Clerk • . SOUTHEAST MISSOURI REGIONAL OFFICE OF ADMINISTRATION PLANNING COMMISSION Commission �/��� �, � � / :��� Approved : B ' / Chairman Date '� Page 6 of 6 pages APPENDIX A Scope of Services Thf� appendix is appended to and made a part of the contract by and be- tween the State of Missouri Department of Community Affairs , the City of Cape Girardeau , Missouri , and Southeast Missouri Regional Planning Com- mission for review and updating of a Comprehensive Plan for the City of Cape Girardeau , Missouri ; said contract being dated , 1973 . The Planner shall do , perform, and carry out in a satisfactory and proper manner, as determined by the Planning Agency , the following services : A. Community Organization The mayor and the local legislative body of the City of Cape Girardeau will appoint a citizen advisory committee made up of citizens repre- senting various income levels , races , civic groups and other persons interested in the development of the community , for the purpose of working with the Planning Commission in the updating of the Compre- hensive Plan. The Planner and Planning Commission will also use the advisory ' committee, and its meetings , as an educational forum to instruct members of the advisory committee and the Planning Commission in modern methods of city , area, and regional planning used to solve community problems . �. Statement of Goals and Objectives A s�atement of goals and ob�ectives will be made by the Planning Commiasion and the citizens advisory commfttee . These statements will be reevaluated from time to time during the planning process to re- flect new situations . 12eevaluation and refinement will be necessary in order to maintain relevancy and effectiveness of the planning process . C . P'hysical Features Information as to physical characteristics such as soils , geology , climate, topography , water related problems , and natural resource deposits will be inventoried . This data will be analyzed and should be used , at a minimum for the foZlowing: 1 . To form the base for a sound planning and environmental manage- ment process that reflects the study area' s ma�jor physical characteristics and natural resource deposits ; 2 . To determine from ma�or physical characteristics and natural resource deposits , the most sensible approach that should be taken toward the extent , type , and location of physical development ; 3. To determine the type and content of development controls to be used in present and future development to include , but not be limited to, environmentally sensitive areas and flood plains that need special attention , protection, or management. . This element should be coordinated with the natural resource analysis of the regional comprehensive plan of the area. Also, certain require- ments of State and Federal agencies pertaining to air pollution, sur- face and ground water , and solid waste management should be considered in this analysis . Page 1 of 4 pages D. Basic Data Survey Gather and analyze such basic data as generalized population character- � istics and growth ; business and industrial activity ; economic factors ; employment and income levels ; public utility services ; governmental and community facilities ; educational facilities ; and other back- ground information pertinent to developing the Comprehensive Plan . The�e factors will be related to area and regional development as well as local community needs . A twenty (20) year population forecast shall al�o be prepared by the Planner , to be used as a basis for future land use planning. E. Central Business District Study An updating of the CBD element will be undertaken to determine current problems facing the community and develop a method by which these problems can be solved . F. Initial Housing Element Initial housing element will be undertaken as part of the Comprehensive Plan. This study will identify the various housing and housing related problems ; examine obstacles preventing or hindering solutions of these problems ; set forth housing objectives for the community covering a three-to-five year period ; identify previous planning activities related to housing; and spell out planning activities to be undertaken in the planning period. In the housing study , recommendations will be made as to implementing action necessary from both the public and private sectors of the community . The housing study will be coordinated with all of the planning activities taking place in the plannin� process and tailored " to the powers and aetivities of the City of Cape Girardesu recognizing the needs of the community including low income and minority needs . The study will be designed to achieve implementation of the specific housing objectives , and will take into account existing and needed � resources and powers to implement proposals . Whenever possible , the housing survey should be done in conjunction with the existing "land use survey . G. Existing Land Use Survey This survey will determine the existing land use within the planning area. The survey data will include classification of land use and will be illustrated on an up-to-date base map . The land use survey should be detailed in nature and supported by an adequate analysis in narrative form. H . Community Facilities Survey This survey , done in conjunction with the existing land use survey , will identify by type , location , and service area, all community facilities within the city . These facilities will include public parks and recreation, health protection , education, cultural facili- ties , utilities , etc. The recommended community facilities and service areas will be delineated on the future land use map . Standards for future development of community facilities will also be formulated . I . Major Streets Inventory - � A survey of the . study area, determining classification , physical condi- tions , and parking restrictions on all major streets will be conducted. This study will include an analysis of the inventory with recommended improvements to establish existing and future streets at standards which will provide the transportation facilities required to service the area and future development of the area. This study will be in map and narrative form. Page 2 of 4 pages J. Annexation Feasibility Study (If Applicable) A study of possible areas for annexation to the city will be made . This �tudy will include information on gains or losses that may develop from annexation, and will estimate in monetary terms the general amount the city could expect to expend for municipal services ' and facilities in annexed areas and the estimated increase in tax revenue the city could anticipate receiving from annexation. Suggested city 13mits extensions will be recommended based on economic , social , and physical development patterns and opportunities . K. Future Land Use Plan The existing land use, pertinent facts found to solve long range goals , projected population, economic and housing data will be utilized in the preparation of a future land use plan for Cape Girardeau . The plan will indicate the long range land use pattern (20 years) that would be most orderly and beneficial to the community . It will be pre- pared in a graphic and narrative presentation . The graphical material will include a future land use map. This map will show future land use arrangement including residential, commercial , industrial and/or manufacturing , public and quasi-public areas and indicate recommended community improvements that are necessary to achieve the desired future land use pattern. The narrative of the future land use plan will include an evaluation ' of land use needs , taking into consideration local goals and objectives , grocath expectations , areas most feasible for services by water , sewer , drainage , and other public facilities . The narrative will also include development policies , standards , and practices for future land use consistent with local zoning and subdivision regulations . A short summary of the assumptions and recommendations of the future land use plan will a15o be included . This summary statement should appear in a conspicuous place in the document for easy reference and , should list all assumptions and recommendations in numerical order , but not necessarily in the order of priority . , L. Zonin� and Subdivision Re�ulations Propo�ed and revised zoning ordinances and subdivision regulations will be drafted for the City. of Cape Girardeau • All zoning recommenda- tions will be made by the Planner , as well as subdivision control regulations includin� standards for .the subdivision development, design and improvement. These recommendations will be prepared and presented to the Planning Commission and city council for their consideration . M. Capital Improvements Program After the Planner has assisted the Planning Commission in developing specific goals and objectives , a capital improvements program will be formulated to translate the recommended physical needs for growth into a schedule of costs and timing using existing cost probability tables to determine estimated project costs . Major emphasis will be given to the eapital improvements program with maximum input obtainable from the citizens advisory committee. The capital improvements program should include (a) identification of projects by priority on a yearly basis for at least (10) ten years ; (b) allocation of costs per project ; (c) a detailed schedule of pro3ects for at least (5) five years in the future with the next (5) five years being more general in nature . Within the narrative text of the capital improvements program, the Planner shall provide a checklist outlining those things that the community must consider and do betore a particular priority can become reality. � Page 3 of 4 pages N. Plan Implementation The implementation of the Comprehensive Plan will require the • Planning Commission and the governing body of the city to officially adopt the plan to be used as a guide for the future development of the community . - Implementation of the Comprehensive Plan will require public under- standitt� and public approval of the plans . To achieve this , the Planner will work with the Planning Commission to develop methods and programs for involving residents of all segments of the community in the development of the plan and in the planning process , for the future development of the community . The public should be encouraged to attend specific meetings of the Plt�nning Commission during the preparation of tiie Gomprehensive Plan . Such meetings will be helcl for the purpose of discussion of the ' material prepared for the Comprehensive Plan. It is estimated that a minimum of twelve (12) meetings will be required during the prepara- tion of the Comprehensive Plan and the total planning program described above wi11 require twelve (12) months to complete. 0 . Re�o�ts and Distribution The Commission shall provide a minimum of 75 copies to the City of Cape Girardeau • The Commission shall provide an additional and , sufficient number of copies of all reports prepared under this contract to meet distribution requirements as set forth in HUD Hand- book II (CPM 6042 . 1A) , July 1971, Chapter 4 , Section 2 , paragraph 67a (6) , (7) , (8) , and (9) . A copy of the transmittal cover of the above distribution will be forwarded to the Department of Community Affairs . The Commission shall provide five copies of all reports to ' the Department of Community Affairs not later than the expiration � of this contract . ; Page 4 of 4 pages m..�,�������#�,���� , . . � .. � APPENDIX B ' � . Method of Payment Thig appendix is appended to and made a part of the contract by and be- tween tize State of Missouri , Department of Community Affairs , the City of Cape Girardeau , rlissouri , and the Southeast Missouri Regional fo a the g Commis�ion for the preparation of a Comprehensive Plan Update �a,�y of �ape , Missouri ; said contract being dated � 1973 . �irardeau The Planning Agency will pay to tom letelcompensationmforStheof $10 , 000. 00 . which 3ha11 constitute full. and c p Co�nmission' s services hereunder. Such sum will be paid in the follment� maaaner, in every case , subject to receipt of a requisition for pay from the Commission specifying that it has performed the work under this contract, in conformance with the contract, and that it is entitled to receive the amounC requisitioned under the terms of the contract . The Commission shall keep an accurate record of costs incurred by it in connection with any �aork or activity undertaken pursuant to this contract, " and ' all �uch books and accounts shall be opened to inspection by the - Planning Llgency or its authorized repre�entative at any time. Costs of the Comutias3.on to be reflected in such books of account and accrued 'as p�ogram cos�C in connection caith this coiztract shall include the following: (1) all salaries and wages , including FICA of all staff personnel empl,oyed by the Commission and assigned to the work program stipulated in this contraer; (2) actual costs incurred for expendable office supplies which �xe �related to, and nece3sary for , ehe satisfactory completion of this � pro�ect ; (3), actual cos�s incurred in long distance telephone calls `�hich ar� related to , and necessary for, the satisfactory completion of this pro;ject ; (4) , costs incurred for travel away from the Commission' s office which are related to , and necessary for , the satisfactory completion of this pro�ect . Travel shall be by private auto ; compensation for the use of the private auto sliall Ue at the rate of 10 cents per mi1e . All travel shall be related to , and necessary for , the satisfactory completion of this project. The Comm3ssion shall supply the Planning Agency with a monthly invoice and requisition for payment which - shall show the person, rate and number of days in the phase of the planning project in which each member of the technical staff has been working and costs incurred for expendable `office supplies , postage , long distance telephone calls , printing , and for travel and sub3istence . This monthly invoice shall be substantiated by the following: (1) copies of all actual invoices for all expendable office �upplies , postage and printing; (2) the amount , date and the city and person call,ed by all long distance telephone calls ; (3) copies of all expense accounts which show that payment was made for the use of the private auto and that payment was made for subsistence . - The coats of services shall be based on a weighted salary rate paid to each employee. Hourly salary rates sha11 be computed by using the annual salary of the employee plus FICA divided by the net total number of hours annually ,which is computed by taking 2080 hours gross and deducting the appropriate number of hours for vacation leave , holidays , and the average number of sick days taken by the Commission staff during the past year., Compen�tation to the Commission shall be made in thirteen (13) payments as follows • Following approval and execution of this contract , each Page 1 of 2 pages � . - . � - F raonth for 12 months , the Commission shall provide the Planning Agency �aith a' monthly invoice and requisition as set forth above . Upon approval by the Planning Agency and the City of Cape Girardeau Planning Commission of the requisition su:bmitted , the sum not to exceed the actual monthly expenditure necessary for satisfactory completion of the pro�ect over the 12 month period shall be paid to the Commission unless expenditures reach 90% of the total contract cost prior to the duration of the 12 month period. The 13th payment , composed of the remaining 10 per cent of the contract cost $1 , 000 . 00 , will be paid to the Commission after approval of the final completion report by the Department of Housing and Urban Development. It is expressly understood and agreed that in no event will the total compensation and reimbursement, if any , to be paid hereunder exceed the maximum sum of $10 , 000 . 00 for all of the services required . Page 2 of 2 pages