Common use of Reserved Legislative Powers Clause in Contracts

Reserved Legislative Powers. The Parties acknowledge that the City is restricted in its authority to limit its police power by contract and that the limitations, reservations and exceptions set forth herein are intended to reserve to the City those police powers that cannot be so limited. Notwithstanding the retained power of the City to enact such legislation under the police powers, such legislation shall only be applied to modify the vested rights of the Property Owner under the terms of this Pre-Annexation Agreement based upon the policies, facts and circumstances meeting the compelling, countervailing public interest exception to the vested rights doctrine in the State of Utah. Any such proposed legislative changes affecting the vested rights of the Property Owner under this Pre-Annexation Agreement shall be of general application to all development activity in the City; and, unless the City declares an emergency, Property Owner shall be entitled to prior written notice and an opportunity to be heard with respect to any proposed change and its applicability to the LBH Properties under the compelling, countervailing public interest exception to the vested rights doctrine.

Appears in 2 contracts

Samples: Annexation Agreement, Annexation Agreement

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Reserved Legislative Powers. The Parties acknowledge Developer acknowledges that the City is restricted in its authority to limit its police power by contract and that the limitations, reservations reservations, and exceptions set forth herein are intended to reserve to the City those all of its police powers power that cannot be so limited. Notwithstanding the retained power of the City to enact such legislation under the police powers, such legislation shall only be applied to modify the vested rights of existing land use and zoning regulations which are applicable to the Property Owner Project under the terms of this Pre-Annexation Agreement based upon the policies, facts facts, and circumstances meeting the compelling, countervailing public interest exception to the vested rights doctrine in the State of Utah. Any such proposed legislative changes affecting the vested rights IHC MPD and terms and conditions of this Agreement applicable to the Property Owner under this Pre-Annexation Agreement IHC MPD shall be of general application to all development activity in the City; and, unless the City declares an emergency, Property Owner Developer shall be entitled to prior written the required notice and an opportunity to be heard with respect to any the proposed change and its applicability to the LBH Properties Project under the compelling, countervailing public interest exception to the vested rights doctrine.

Appears in 1 contract

Samples: Development Agreement

Reserved Legislative Powers. The Parties acknowledge that the City is restricted in its authority to limit its police power by contract and that the limitations, reservations and exceptions set forth herein are intended to reserve to the City those police powers that cannot be so limited. Notwithstanding the retained power of the City to enact such legislation under the police powers, such legislation shall only be applied to modify the vested rights of the Property Owner under the terms of this Pre-Annexation Agreement based upon the policies, facts and circumstances meeting the compelling, countervailing public interest exception to the vested rights doctrine in the State of Utah. Any such proposed legislative changes affecting the vested rights of the Property Owner under this Pre-Annexation Agreement shall be of general application to all development activity in the City; and, unless the City declares an emergency, Property Owner shall be entitled to prior written notice and an opportunity to be heard with respect to any proposed change and its applicability to the LBH Properties Shamrock Property under the compelling, countervailing public interest exception to the vested rights doctrine.

Appears in 1 contract

Samples: Annexation Agreement

Reserved Legislative Powers. The Parties acknowledge that the City is restricted in its authority to limit its police power by contract and that the limitations, reservations and exceptions set forth herein are intended to reserve to the City those police powers that cannot be so limited. Notwithstanding the retained power of the City to enact such legislation under the police powers, such legislation shall only be applied to modify the vested rights of the Property Owner under the terms of this Pre-Annexation Agreement based upon the policies, facts and circumstances meeting the compelling, countervailing public interest exception to the vested rights doctrine in the State of Utah. Any such proposed legislative changes affecting the vested rights of the Property Owner under this Pre-Annexation Agreement shall be of general application to all development activity in the City; and, unless the City declares an emergency, Property Owner shall be entitled to prior written notice and an opportunity to be heard with respect to any proposed change and its applicability to the LBH Xxxxxxx Properties under the compelling, countervailing public interest exception to the vested rights doctrine.

Appears in 1 contract

Samples: Annexation Agreement

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Reserved Legislative Powers. The Parties acknowledge that the City is restricted in its authority to limit its police power by contract and that the limitations, reservations and exceptions set forth herein are intended to reserve to the City those police powers that cannot be so limited. Notwithstanding the retained power of the City to enact such legislation under the police powers, such legislation shall only be applied to modify the vested rights of the Property Owner under the terms of this Pre-Annexation Agreement based upon the policies, facts and circumstances meeting the compelling, countervailing public interest exception to the vested rights doctrine in the State of Utah. Any such proposed legislative changes affecting the vested rights of the Property Owner under this Pre-Annexation Agreement shall be of general application to all development activity in the City; and, unless the City declares an emergency, Property Owner shall be entitled to prior written notice and an opportunity to be heard with respect to any proposed change and its applicability to the LBH Shamrock Properties under the compelling, countervailing public interest exception to the vested rights doctrine.

Appears in 1 contract

Samples: Restrictive Covenant Agreement

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