Legal Ordinance Selection Form

Legal Ordinance Selection Form

This Legal Ordinance Selection Form (the "Form") is executed on the day of , by and between Municipality Name: ("Municipality") and Selecting Party Name: ("Selecting Party").

Recitals

WHEREAS, the Municipality maintains the authority to adopt, reference, and incorporate local ordinances and regulations applicable within its jurisdiction; and

WHEREAS, the Selecting Party desires to select and request formal adoption, incorporation by reference, or application of one or more specific ordinances as identified in this Form for purposes described below; and

WHEREAS, the Municipality is willing to record the selection and take such ministerial or legislative steps as may be required under applicable procedural rules to effectuate the selection, subject to the terms and conditions set forth herein.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained in this Form, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. Definitions

For purposes of this Form, the following definitions apply: "Ordinance" means a municipal ordinance, code provision, regulation or amendment thereto selected by the Selecting Party and accepted by the Municipality in accordance with this Form. "Effective Date" means the date set forth in Section 3 on which the selected ordinance(s) will take effect for the purposes described in this Form.

2. Selection of Ordinances

The Selecting Party hereby selects the following ordinance(s) for adoption, incorporation by reference, or application within the Municipality's jurisdiction as indicated. The Selecting Party represents that it is authorized to request such selection and that the description provided below accurately identifies the ordinance(s) to be selected.

3. Effective Date and Adoption

The parties agree that the Effective Date for the selected ordinance(s) is: day of , . The Selecting Party requests that the Municipality take the necessary actions to adopt, record, or incorporate the selected ordinance(s) consistent with applicable procedural rules and this Form.

The Municipality's acceptance and any subsequent adoption is subject to review for procedural sufficiency and legal compliance. The Municipality may withhold final adoption if legal counsel or the governing body determines that adoption would violate controlling law or exceed municipal authority.

4. Scope and Applicability

The scope of the selected ordinance(s) and the extent to which they apply shall be determined by the language of the ordinance(s) and by action of the Municipality at the time of adoption. Where the ordinance(s) reference other provisions, the Selecting Party shall identify any specific provisions to be applied or excluded in the space below.

5. Representations and Warranties

The Selecting Party represents and warrants to the Municipality that: (a) it has the requisite authority to make this selection and to request adoption or incorporation by reference of the identified ordinance(s); (b) the descriptions provided in this Form are accurate and complete to the best of its knowledge; and (c) the requested selection does not purport to alter, amend, or otherwise modify the Municipality's existing ordinances except as expressly provided by Municipality action.

6. Certification and Recordation

Upon execution of this Form, the Selecting Party requests the Municipality to certify in writing the action taken with respect to each selected ordinance and to record such certification in the Municipality's official records. The Municipality's certification shall state whether the ordinance(s) were adopted, incorporated by reference, referred for further action, or rejected, and shall include the effective date, if any.

7. Notices

All notices, requests, demands, and other communications required or permitted under this Form shall be in writing and shall be delivered to the parties at the addresses set forth below or to such other address as either party may designate in writing in accordance with this Section.

8. Amendments; Waiver

This Form may be amended only by a written instrument signed by both parties. No waiver of any provision hereof shall be effective unless in writing signed by the party against whom enforcement of the waiver is sought. A failure or delay to exercise any right shall not operate as a waiver.

9. Governing Law

This Form shall be governed by and construed in accordance with the laws of the jurisdiction in which the Municipality is located, without regard to conflict of law principles. The parties submit to the exclusive jurisdiction of the state and local courts of that jurisdiction for resolution of disputes arising out of or related to this Form.

10. Entire Agreement; Severability

This Form constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior understandings, negotiations and agreements, whether written or oral. If any provision of this Form is held to be invalid, illegal or unenforceable, the remaining provisions shall continue in full force and effect and shall be construed so as to give effect to the original intent of the parties to the fullest extent permitted by law.

11. Miscellaneous Provisions

The parties acknowledge that this Form may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. Signatures delivered by electronic means shall have the same force and effect as original signatures.

Acknowledgment

The undersigned certify that they are authorized to execute this Form on behalf of the party for which they sign and that the information provided herein is true and correct to the best of their knowledge.

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