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In consideration of the foregoing, it is our view that it can be seriously contended that the City and County, by approv- ing the contracts entered into by their joint planning commis- sion "under Chapter 163," elected to engage in the planning activities authorized by that Chapter and were, therefore, obliged to comply with the requirements of that Chapter. In any case, they were obliged (unless formally released) to com- ply with the requirements of those contracts. THE CONTRACTS Under those contracts, the City and the County obligated themselves to render certain services relating to the develop- ment of a comprehensive plan (see Appendix) to the Department of Community Affairs (DCA) and the Federal Department of Hous- ing and Urban Development (HUD) in return for 701 funds. Those services are explicitly spelled out in each contract and in- cluded certain obligations common to all of the contracts. Thus, in each contract they agreed that: "Beginning no later than 90 days after the effective date of this (each) contract, and at least once every 90 days thereafter un- til the project is satisfactorily concluded, the community (joint planning commission) will arrange to hold public meetings for the purpose of explaining the progress on the project and /or public discussion of study concepts or alternative proposals" (subject to requirements of notice, etc.). Cis noted above, there were only two pub- lic meetings on Oct. 3, 1973 and Jan. 31, 1974 that could be so characterized Indeed, as early as April 19, 1973, Mr. R. Charles Shephard of DCA complained to Mr. Brennan by letter that the above -noted requirement was not being met. As a consequence, later on December 27, 1973, in a separate contract specifically addressed to this problem, the City and County agreed to create a citizens organization for citizens' participation in the planning process by June 30, 1974. This contract also spelled out the details of how such an organization was to be created and function "as a minimal requirement *** applicable to all communities receiv- ing funding." This minimal requirement was also an obligation under the most recent and current contract entered into on or about October 3, 1974 (for a term ending on June 30, 1975). -6- JUN 4 1975 95