OBLIGATIONS OF FUTURE APPROPRIATIONS. Include optional Article XIX in the agreement only if the sponsor requests this language and only after your District Counsel determines, in writing after review of information supporting the request from the sponsor, that the sponsor is a State agency or a political subdivision of the State that derives its funds for the project directly from appropriations and the sponsor has constitutional or statutory limitations prohibiting it from committing future appropriations. The information to be added in the first three blanks in Article XIX.A. should identify the body that makes the appropriations. (Example: Legislature of the State of Ohio or City Counsel of the City of Cleveland)
OBLIGATIONS OF FUTURE APPROPRIATIONS. The Non-Federal Parties intends to fulfill fully its obligations under this Agreement. Nothing herein for the State shall constitute, nor be deemed to constitute, an obligation of future appropriations by the legislature of the State of New York, where creating such an obligation would be inconsistent with the New York Constitution Article VII, Section 7, and New York State Finance Law Article 4, Section 41.
OBLIGATIONS OF FUTURE APPROPRIATIONS. Reminder: Use of this article is limited to a sponsor that is a State agency or a political subdivision of the State. It cannot be used by a non-profit entity.
OBLIGATIONS OF FUTURE APPROPRIATIONS. A. Nothing herein shall constitute, nor be deemed to constitute, an obligation of future appropriations by the City Council of the City of Xxxxxxxxx of the State of Idaho, where creating such an obligation would be inconsistent with Section 50-1006 of the Idaho Code of the State of Idaho. .
OBLIGATIONS OF FUTURE APPROPRIATIONS. The Non-Federal Sponsor intends to fulfill fully its obligations under this Agreement. Nothing herein shall constitute, nor be deemed to constitute, an obligation of future appropriations by the Commissioners of the Port of Corpus Christi Authority of Nueces County, Texas, where creating such an obligation would be inconsistent with Article 16, Section 59(c) of the Constitution of the State of Texas.
OBLIGATIONS OF FUTURE APPROPRIATIONS. The Non-Federal Sponsor intends to fulfill fully its obligations under this Agreement. Nothing herein shall constitute, nor be deemed to constitute, an obligation of future appropriations by the [Insert name of the legislative body that makes the appropriations, e.g., legislature of the State of New York or the New York City Council], where creating such an obligation would be inconsistent with [Insert the specific citation to the constitutional or statutory limitation on committing future appropriations]. If the Non-Federal Sponsor is unable to, or does not, fulfill its obligations under this Agreement, the Government may exercise any legal rights it has to protect the Government’s interests.”
OBLIGATIONS OF FUTURE APPROPRIATIONS. The Non-Federal Sponsor intends to fulfill fully its obligations under this Agreement. Nothing herein shall constitute, nor be deemed to constitute, an obligation of future appropriations by the Commissioners of the Port of Corpus Christi Authority of Nueces County, Texas, where creating such an obligation would be inconsistent with Article 16, Section 59(c) of the Constitution of the State of Texas. If the Non-Federal Sponsor is unable to, or does not, fulfill its obligations under this Agreement, the Government may exercise any legal rights it has to protect the Government’s interests. CERTIFICATE OF AUTHORITY I, Xxx X Xxxxxx, Xx., do hereby certify that I am General Counsel for the Port of Corpus Christi Authority of Nueces County, Texas, that the Port of Corpus Christi Authority of Nueces County, Texas is a legally constituted public body with full authority and legal capability to perform the terms of the Agreement between the Department of the Army and the Port of Corpus Christi Authority of Nueces County, Texas in connection with the Corpus Christi, Texas Channel Improvement Project Main Channel and Barge Lanes, and to pay damages, if necessary, in the event of the failure to perform in accordance with the terms of this Agreement, as required by Section 221 of Public Law 91-611, as amended (42 U.S.C. Section 1962d-5b), and that the person who has executed this Agreement on behalf of the Port of Corpus Christi Authority of Nueces County, Texas, has acted within his statutory authority. IN WITNESS WHEREOF, I have made and executed this certification this day of 20 . Xxx X. Xxxxxx, Xx., Partner Welder Xxxxxx, LLP General Counsel CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief that:
OBLIGATIONS OF FUTURE APPROPRIATIONS. The Non-Federal Sponsor intends to fulfill fully its obligations under this Agreement. Nothing herein shall constitute, nor be deemed to constitute, an obligation of future appropriations by the City council of the City of Norfolk, Virginia, where creating such an obligation would be inconsistent with Article VII, Section 10 of the Constitution of Virginia. If the Non-Federal Sponsor is unable to, or does not, fulfill its obligations under this Agreement, the Government may exercise any legal rights it has to protect the Government’s interests.
OBLIGATIONS OF FUTURE APPROPRIATIONS. The Non-Federal Sponsor intends to fulfill fully its obligations under this Agreement. Nothing herein shall constitute, nor be deemed to constitute, an obligation of future appropriations by the [Insert name of the legislative body that makes the appropriations, e.g., legislature of the State of New York or the New York City Council], where creating such an obligation would be inconsistent with [Insert the specific citation to the constitutional or statutory limitation on committing future appropriations]. If the Non-Federal Sponsor is unable to, or does not, fulfill its obligations under this Agreement, the Government may exercise any legal rights it has to protect the Government’s interests.” Option 3: Multiple Non-Federal Sponsors. While it is preferable that there is one party only as the Non-Federal Sponsor for the PPA, it is permissible to have more than one Non-Federal Sponsor and in such case, the PPA should be modified to use the term “Non-Federal Sponsors” throughout along with the necessary modifications to change, as appropriate, verbs and pronouns from singular to plural. The Non-Federal Sponsors need to understand that they will be jointly and severally liable for all non-Federal obligations and responsibilities under the PPA. Any proposal to allow for a division of responsibilities between Non-Federal Sponsors will require approval of the HQUSACE. Insert into the PPA as the last Article the following:
OBLIGATIONS OF FUTURE APPROPRIATIONS. A. Include optional Article XIX in the agreement only if the sponsor requests this language and the District Counsel determines, by written legal opinion identifying the specific statutes or constitutional provisions, that the sponsor meets the Federal statutory criteria for inclusion of this paragraph. See Section 221 of the Flood Control Act of 1970, as amended (42 U.S.C. 1962d-5b).
