Common use of Works of Improvement Clause in Contracts

Works of Improvement. Works of improvement for protection and management of the natural resources of the Area, including, but not limited to, improvements to property, land acquisition, easements, or right-of-way, may be initiated by: A. Recommendation of the Organization to a party or parties; or B. Petition to the Organization by the governing body of a party or parties. Where works of improvement are recommended by the Organization, the Organization shall first determine whether such improvement will result in a local or regional benefit to the Area. Where the Organization determines that the benefits from the improvement will be local or not realized beyond the boundaries of the party in which the improvement is to be established, the Organization shall recommend such improvement to the governing body of the unit of government which the Organization determines will be benefited thereby, with the total estimated cost of the improvement and a description of the benefits to be realized. The Organization shall recommend such improvement to each governing body of the units of government which the Organization determines will be benefited thereby. The recommendation of the Organization shall include the total estimated cost of the improvement, a description of the extent of the benefits to be realized by each unit of government and the portion of the cost to be borne by each party benefited in accordance with the extent of the benefit of each unit of government as described by the Organization. Each party to whom the Organization submits such recommendation shall respond within sixty (60) days from receipt of such recommendation. Where the Organization determines that the benefits of such improvement will be local, the unit of government to whom such recommendation is made may decline to ratify and undertake said improvement. Where the Organization determines that the benefits of such improvement will be regional, unless all parties to whom such recommendation is directed decline to ratify and undertake said improvement, the Organization shall continue to review and recommend alternative methods of cooperation and implementation among those parties ratifying the recommendation of the Organization, unless and until the Organization determines that said improvement is no longer feasible. When works of improvement are initiated by the governing body of a party or parties to this Agreement, said governing body or bodies shall submit a petition to the Organization setting forth a description of the proposed work of improvement, the benefits to be realized by said improvement, its total estimated cost and a proposed cooperative method for implementation of the improvement, if applicable. The Organization shall review and make recommendations on the proposed improvement and its compliance with the Organization's management plan in accordance with the provisions of Section 3.5 of this Agreement. When a proposed improvement may be eligible for federal or state funds as a cost-share project, the Organization may undertake a proposed work of improvement for the area, subject to Organization recommendation to and ratification by the parties to this Agreement, as required for an improvement of regional benefit. The Organization is further authorized to undertake experimental improvement projects within the Area to serve as a basis for evaluation of other improvements by the parties. When the Organization determines to undertake an experimental improvement project, the costs of such project shall be the obligation of the Organization and not of the parties to this Agreement.

Works of Improvement. Works of improvement for protection and management of the natural resources of the Area, Area including, but not limited to, improvements to property, land acquisition, easements, or right-of-way, may be initiated by: A. Inclusion in the Watershed Management Plan; B. Majority vote of the Board for projects using less than $10,000 in funds from the Parties; C. Recommendation of the Organization Board to a party or parties; or B. D. Petition to the Organization Board by the governing body of a party or parties. Where works of improvement are recommended by the OrganizationBoard, the Organization Board shall first determine whether such improvement will result in a local or regional benefit to the Areaarea. Where the Organization Board determines that the benefits from the improvement will be local or not realized beyond the boundaries of the party in which the improvement is to be established, the Organization shall Board may recommend such improvement to the governing body of the unit of government which the Organization Board determines will be benefited thereby, with benefited. The recommendation shall include the total estimated cost of the improvement and a detailed description of the benefits to be realized. The Organization shall Where the Board determines that the benefits from the improvement will be beyond the local unit or beyond the boundaries of the party in which the improvement is to be established, the Board may recommend such improvement to each governing body of the units of government party to this Agreement which the Organization Board determines will be benefited thereby. The recommendation of the Organization Board shall include the total estimated cost of the improvement, a description of the extent of the benefits to be realized by each unit of government party to this Agreement and the portion of the cost to be borne by each party benefited in accordance with the extent of the benefit of each unit of government as described by the Organizationparty to this Agreement. Each party to whom the Organization Board submits such recommendation shall respond within sixty (60) 60 days from receipt of such recommendation. Where the Organization Board determines that the benefits of such improvement will be local, the unit of government to whom such recommendation is made may decline to ratify and undertake said improvement. Where the Organization Board determines that the benefits of such improvement will be regional, unless all parties Parties to whom such recommendation this Agreement must ratify the project proposal before any project is directed decline moved forward by the Board. Should the project not be ratified by all Parties to ratify and undertake said improvementthis Agreement, the Organization Board shall continue to review and recommend alternative methods of cooperation and implementation among those parties ratifying the recommendation of the OrganizationBoard, unless and until the Organization Board determines that said improvement is no longer feasible. When works of improvement are initiated by the governing body of a party or parties Party to this Agreement, said governing body or bodies shall submit a petition to the Organization setting forth a description copy of the proposed work of improvement, project shall be submitted to the benefits to be realized by said improvement, its total estimated cost Board for review and a proposed cooperative method for implementation of the improvement, if applicablecomment. The Organization Board shall review and make recommendations on the proposed improvement and its compliance with the Organization's Board’s management plan in accordance with the provisions of Section 3.5 of this Agreementplan. When a proposed improvement may be eligible for federal or state funds as a cost-share projectgrant funds, the Organization Board may undertake apply. Any local matching funds committed must be in an approved Board budget, in the Watershed Management Plan, or secured by a proposed work of improvement for the area, subject to Organization recommendation to and ratification by the parties to this Agreement, as required for an improvement of regional benefitwritten commitment from other sources. The Organization is further authorized to undertake experimental improvement projects within the Area to serve as Projects on real property require a basis for evaluation of other improvements by the parties. When the Organization determines to undertake an experimental improvement project, the costs of such project shall be the obligation of the Organization and not of the parties to this Agreementwritten maintenance agreement.

Works of Improvement. Works of improvement for protection and management of the natural resources of the Area, including, but not limited to, improvements to property, land acquisition, easements, or right-of-way, may be initiated by: A. Recommendation of the Organization to a party or parties; or B. Petition to the Organization by the governing body of a party or parties. Where works of improvement are recommended by the Organization, the Organization shall first determine whether such improvement will result in a local or regional benefit to the Areaarea. Where the Organization determines that the benefits from the improvement will be local or not realized beyond the boundaries of the party in which the improvement is to be established, the Organization shall may recommend such improvement to the governing body of the unit of government which the Organization determines will be benefited thereby, with benefited. The recommendation shall include the total estimated cost of the improvement and a detailed description of the benefits to be realized. The Where the Organization shall determines that the benefits from the improvement will be beyond the local unit or beyond the boundaries of the party in which the improvement is to be established, the Organization may recommend such improvement to each governing body of the units of government party to this Agreement which the Organization determines will be benefited thereby. The recommendation of the Organization shall include the total estimated cost of the improvement, a description of the extent of the benefits to be realized by each unit of government party to this Agreement and the portion of the cost to be borne by each party benefited in accordance with the extent of the benefit of each unit of government as described by the Organizationparty to this Agreement. Each party to whom the Organization submits such recommendation shall respond within sixty (60) 60 days from receipt of such recommendation. Where the Organization determines that the benefits of such improvement will be local, the unit of government to whom such recommendation is made may decline to ratify and undertake said improvement. Where the Organization determines that the benefits of such improvement will be regional, unless all parties Parties to whom such recommendation this Agreement must ratify the project proposal before any project is directed decline moved forward by the Organization. Should the project not be ratified by all Parties to ratify and undertake said improvementthis Agreement, the Organization shall continue to review and recommend alternative methods of cooperation and implementation among those parties ratifying the recommendation of the Organization, unless and until the Organization determines that said improvement is no longer feasible. When works of improvement are initiated by the governing body of a party or parties Party to this Agreement, said governing body or bodies a copy of the proposed project shall submit a petition be submitted to the Organization setting forth a description of the proposed work of improvement, the benefits to be realized by said improvement, its total estimated cost for review and a proposed cooperative method for implementation of the improvement, if applicablecomment. The Organization shall review and make recommendations on the proposed improvement and its compliance with the Organization's management plan in accordance with the provisions of Section 3.5 of this Agreement. When a proposed improvement may be eligible for federal or state funds as a cost-share project, the Organization may undertake a proposed work shall receive the approval of improvement for the area, subject to Organization recommendation to and ratification by the parties all Parties to this Agreement, as required Agreement prior to submission of any grant request. No member Party shall unreasonably withhold approval for an improvement a grant application. All improvements that are considered for state or federal grant funding that have a local or member share (matching funds) must be submitted for approval in advance of regional benefitthe proposed grant award. The Organization is further authorized to undertake experimental improvement projects within the Area to serve as a basis All improvements that are considered for evaluation of other improvements by the parties. When the Organization determines to undertake an experimental improvement project, the costs of such project state or federal grant funding shall be presented to each Party to the obligation of the Organization Agreement for review, comment and not of the parties approval and shall provide details to this Agreementinclude projects scope, estimated cost, estimated matching share, benefits to be derived and project timing.