Subject to Annual Appropriation Clause Samples

Subject to Annual Appropriation. To the extent this Agreement or any provision in it constitutes a multiple fiscal year debt or financial obligation of the City, it shall be subject to annual appropriation by City Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8-186, and Article X, Section 20 of the Colorado Constitution. The City shall have no obligation to continue this Agreement in any fiscal year for which no such supporting appropriation has been made.

Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of either Party not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year.

Subject to Annual Appropriation. This Agreement is expressly made subject to the limitations of the Colorado Constitution and Section 12, Chapter XII of the Charter of the City of Commerce City. Contractor acknowledges and accepts that nothing herein shall constitute or be deemed to constitute the creation of any kind of multiple fiscal-year debt, liability, or financial obligation of the City. Further, Contractor acknowledges and accepts that no provision of this Agreement shall be construed to create any kind of obligation of future monetary appropriations by the City Council of Commerce City that may run contrary to Article X, § 20 of the Colorado Constitution, or any other constitutional, statutory, or Charter debt limitation. Contractor acknowledges that the City has made no promise to continue to budget funds beyond the current fiscal year, and further acknowledges that the City has made no promise that it will pledge adequate cash reserves on a fiscal-year by fiscal-year basis, notwithstanding any provision of this Agreement that may be construed to the contrary. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation or liability of the City which may arise under this Agreement in any fiscal year after the date of execution, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year.

Subject to Annual Appropriation. The parties agree that this Employment Agreement shall be administered consistently with Article X, Section 20 of the Colorado Constitution, which requires that any financial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year.

Subject to Annual Appropriation. Nothing herein shall constitute a multiple fiscal year obligation of the Town pursuant to Colorado Constitution Article X, Section 20. Notwithstanding any other provision of this Agreement, the Town’s obligations under this Agreement are subject to annual appropriation by the Town’s Board of Trustees. Any failure of the Town’s Board of Trustees to appropriate adequate monies to finance the Town’s obligations under this Agreement shall be a basis for termination of this Agreement by the Ditch Company subject to the provisions of Section 16 hereof.

Subject to Annual Appropriation. Notwithstanding any provision to the contrary contained herein, the City’s obligation to pay or reimburse the Developer for Eligible Costs shall be subject to annual appropriation by the Council, in its sole discretion. Nothing in this Agreement is intended to nor shall be construed to create any multiple-fiscal year direct or indirect debt or financial obligation on the part of the City within the meaning of the Constitution, the Charter, or the laws of the State, and any such financial obligation of the City created by this Agreement is expressly subject to annual appropriation by the City.

Subject to Annual Appropriation. The State represents that it is prohibited by Colorado law from making commitments beyond the term of the current State fiscal year, and, while empowered to enter into and implement this Agreement, it does not have the legal authority to bind the Colorado General Assembly, which has the authority to appropriate funds for, and amend laws pertaining to, the State’s Medicaid program. The State agrees to seek funding necessary as provided in this Agreement and as necessary to implement and comply with this Agreement. However, nothing herein shall constitute a multiple fiscal year obligation pursuant to Colorado Constitution article X, section 20. Notwithstanding any other provision of this Agreement, the State’s obligations under this Agreement that extend beyond the Effective Date of this Agreement are contingent upon funds being appropriated, budgeted, and otherwise made available for the purpose of this Agreement and subject to annual appropriation.

Subject to Annual Appropriation. Any financial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year.

Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town under this Lease not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. To the extent that any of the Town's obligations under this Lease are deemed to constitute a multi-year fiscal obligation, the Town's performance will be conditioned upon annual appropriation by the Town Council, in its sole discretion.