Legislative Discretion. The Annexor acknowledges that the annexation of the Property is subject to the legislative discretion of the Board of Trustees of the Town and ultimately subject to the approval of the Town voters at the Special Mail Ballot Election. No assurances of annexation have been made or relied upon by the Annexor. If, in the exercise of its legislative dissection by the Board of Trustees or through the exercise of the powers of initiative or referendum, any action with respect to the Property herein contemplated is not taken, then the sole and exclusive right of the Annexor with respect to such exercise of discretion shall be the withdrawal of the petition for annexation by the Annexor.
Legislative Discretion. The Owner acknowledges that the annexation and zoning of the Property are subject to the legislative discretion of the City Council of the City of Xxxxx. No assurances of annexation, zoning, or special use permit approval have been made or relied upon by the Owner. In the event that, in the exercise of its legislative discretion, any action with respect to the annexation, zoning or special use approval for the Property, as contemplated herein and in the proposed Conceptual Development Plan for the Property, is not taken or if once taken and Owner is in full compliance with such annexation, zoning or special use approvals is not maintained, then the Owner may withdraw the petition for annexation and seek disconnection from the City in accordance with state law, as may be appropriate and City agrees not to oppose.
Legislative Discretion. The City shall use its best efforts to initiate and approve all necessary documents and ordinances required to effectuate this Agreement including, but not limited to, the creation of the PID, the levying of Assessments and the issuance of PID Bonds. Except as otherwise permitted by law, nothing contained in this Agreement shall be construed as creating a contractual obligation that controls, waives, or supplants the City Council’s and/or the Planning and Zoning Commission’s legislative discretion.
Legislative Discretion. Nothing in this DA shall be interpreted to usurp the independent exercise of the legislative discretion of the Planning Commission and Council.
Legislative Discretion. The Developer acknowledges that the annexation and zoning of the Property are subject to the legislative discretion of the Council. No assurances of annexation, zoning, or other approvals have been made or relied upon by the Developer. In the event that, in the exercise of its legislative discretion, any action with respect to the annexation, zoning or other approval for the Property, as contemplated herein and in the PUD Plan for the Property, is not taken or if once taken and Developer is in full compliance with such annexation, zoning or special use approvals is not maintained, then the Developer may withdraw the petition for annexation and seek disconnection from the City in accordance with state law, as may be appropriate and City agrees not to oppose.
Legislative Discretion. This Agreement is not intended to bind, and the parties agree in fact and law that this Agreement does not bind, the legislative discretion of the City Council to approve or disapprove any proposed annexation ordinance for the Property, subject to and in accordance with the provisions hereof.
