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t / ~ .. . August 17, 1989 City of Grand Junction, Colorado 81501-2668 250 North Fifth Street Nick Ioannides, P.E. Chief Project Planning and Construction Colorado Water Conservation Board Department of Natural Resources 1313 Sherman Street Denver, Colorado 80203 Re: Attorney's Opinion Letter North Fork Diversion City of Grand Junction Dear Mr. Ioannides: The purpose of this letter is to provide the necessary opin- ions requested by your correspondence dated April 24, 1989. 1. Mark Achen, who has signed the Contract and Promissory Note, is the duly appointed city manager of the City of Grand Junction. This appointment is made by the city Council under provisions of the city Charter of the City of Grand Junction. 2. Mr. Achen has the authority to bind the city of Grand Junction and the Contract has been validly approved by the City Council of the City of Grand Junction by adoption of Resolution 29-89, dated July 19, 1989 and Ordinance # 2438 dated August 2, 1989. certified copies of the minutes for meeting at which these actions were taken are attached. 3. The City Council of the city of Grand Junction has the au- thority to enter into a contract without a vote of the residents as this contract comes within the "water supply ex- ception" of the Colorado Constitution, Article XI, sections 1 and 6. In addition the City Council, under its home rule pow- ers authorized by Article XII, sections 96 of the City Char- ter, "...without an election, may borrow money...for the pur- pose of ...constructing,improving, or extending the water system...". 4. There are no provisions in the City Municipal Code or city Charter or any other State or local law that prevents this contract from binding the City. 5. The contract is valid and binding against the City if en- tered into by the State.