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Res 2012-033
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Res 2012-033
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4/27/2012 2:52:40 PM
Creation date
4/19/2012 8:52:02 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2012-033
Date
4/17/2012
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being misleading. <br />ARTICLE V <br />PERSONAL LIABILITY OF PUBLIC OFFICIALS; <br />LIMITATIONS ON CITY OBLIGATIONS <br />Section 5.01. Personal Liability of Public Officials. No employee or elected official of <br />the City shall be personally responsible for any liability arising under or growing out of this <br />Agreement. <br />Section 5.02. Limitations on City Obligations. The Grant Payments made and any <br />other financial obligation of the City hereunder shall be paid solely from lawfully available funds <br />that have been budgeted and appropriated each year during the Grant Payment Term by the City <br />as provided in this Agreement. Under no circumstances shall the City's obligations hereunder be <br />deemed to create any debt within the meaning of any constitutional or statutory provision. <br />Consequently, notwithstanding any other provision of this Agreement, the City shall have no <br />obligation or liability to pay any Grant Payments or other payments unless the City budgets and <br />appropriates funds to make such payments during the City's fiscal year in which such Grant <br />Payment(s) or other payments are payable under this Agreement. <br />Section 5.03. No Recourse. Owner shall have no recourse against the City for failing to <br />budget and appropriate funds during any fiscal year to meet the purposes and obligations under <br />this Agreement. <br />ARTICLE VI <br />INFORMATION <br />Section 6.01 . Information. The Owner shall, at such times and in such form as City <br />may reasonably request from the Owner, provide information concerning the performance of the <br />Owner's obligations under this Agreement or other information necessary to support a request <br />for a Grant Payment. <br />
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