Common use of Initiation of Improvement Projects Clause in Contracts

Initiation of Improvement Projects. Works of improvement for the protection and management of the Middle St. Croix Watershed including but not limited to improvements to property, land acquisition, easements, or rights-of-way may be initiated by recommendation of the MSCWMO or petition to the Joint Powers Board by the Council of one or more member local government units. In either case, the MSCWMO shall conduct a study to determine first, whether or not such proposed improvements are consistent with the adopted MSCWMO Watershed Management Plan and will result in a benefit to the Watershed in part or in whole, and second, whether or not the proposed improvement is feasible and as to whether it should be best made as proposed or in connection with some other improvement. Finally, the MSCWMO shall determine the estimated cost of the improvement as recommended. For projects that will be funded by ad valorem tax levies, the Joint Powers Board shall follow procedures specified by law. For projects that will be funded in whole or in part by assessments against member local government units, the MSCWMO shall follow the following procedures: Upon concluding such determination, the MSCWMO may make a recommendation of the improvement to the Council of the member local governmental unit that the MSCWMO determines will be directly benefited thereby. The recommendation of the MSCWMO shall include a description of the proposed improvement together with its estimated costs and all engineering or staff reports related thereto and an allocation of costs among benefited member local government units. The recommendation shall also specify whether the improvement will be constructed by the MSCWMO or a member local government unit. In the event the original proposal for the improvement was submitted by all the local governmental units that are specifically and directly benefited by the proposed improvement, such a recommendation from the MSCWMO to the Council(s) shall not be required. Upon the submission of such a recommendation, if required above, to the Council, each such Council to whom the MSCWMO submitted the recommendation shall respond in writing within ninety (90) days of the date of receipt of the recommendation. In the event a Council does not respond within ninety (90) days of the date of receipt the recommendation of the MSCWMO, the Council shall be deemed to have consented to the improvement. In the event the Council of any local government unit directly benefited by any proposed improvement timely objects to same, such proposed improvement may only be ordered by the Joint Powers Board after conducting a public hearing on the improvement and then only on an affirmative vote of two-thirds (2/3) of the Managers. Such public hearings shall be noticed and conducted in the manner established and set forth in Minnesota Statute 103D.741.