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O ICE OF THE CITY ATTORNEY <br />GA TH L. NIESCHBURG, CITY ATTORNEY <br />PO OX 654 <br />LA , CO 81052 <br />TE PHONE & FAX #; (719) 336 -5037 <br />E- il; g1nieschburaCca2hotmail.com <br />26, 2013 <br />Merkle <br />)rado Department of Local Affairs <br />ever, Colorado <br />Re: City of Lamar, Application for Wafter Pipeline Funds <br />Tabor Amendment Election Opinion <br />Sir: <br />1 h vie reviewed the City Ordinances concernin the Tabor Amendment to <br />the olorado State Constitution. Ordinance No. 966 was presented to the <br />Ci electors on November 5,1996 and was adopted by a majority of said <br />ballot language was as follows: <br />"Shall the City of Lamar, Colorado be authorized to <br />collect, retain and expend non - federal grants and the <br />full amount of all other revenues received, for debt <br />service, municipal operations and capital projects <br />WITHOUT ANY INCREASE OR ADDITION OF <br />TAXES OF ANY KIND ?" <br />In y opinion the above language is operative to allow the City of Lamar, <br />Col rado to receive, retain and expend excess tax revenues, grants, capital <br />ex ditures and other receipts without resorting to an election of the <br />el ors for a tax increase to authorize use of said funds. <br />L. Nieschburg <br />