PROJ00073

• Contract/PO #: C153583
• Contractor Name: Ute Water Conservancy District
• Water District: 0
• Bill Number: XB 99-999
• Loan Projects - Doc Type: Contract Documents

,

ANTHONY W. WILLIAMS
BERNDT C. HOLMES
J D. SNODGRASS
WILLIAM D. PRAKKEN
BERNARD A BUESCHeR
DONALD E. JORDAN
DAVID J. TURNER
MARK A. HERMUNOSTAO
SUSAN M. CORLE
JOHN P. GORMLEY
THOMAS C, VOLKMANN

. .

WILUAMS, TURNER & HOLMES, p.e,

ATTORNEYS AT LAW
COURTHOUSE PLACE BUILDING - 200 N. 61h STREET
MAILING ADDRESS. P.O. BOX 338
GRAND JUNC110N. COLORADO 81502
TELECOPIER: [phone]
TELEPHONE" [phone]

SILMON SMITH 11886-1964)
CHARLES HOLMES 11897.1967)

WARREN L TURNER
OF COUNSEL

September 18, 1990

Frank M. Akers, Acting Chief
Project Planning and Construction section
Colorado Water Conservation Board
Department of Natural Resources
721 State Centennial Building
1313 Sherman Street
Denver, CO 80203

Re: Feasibility Report Contract
ute Water Conservancy District

Dear Mr. Akers:

In your letter to Lawrence Aubert, dated August 28, 1990, you
requested an attorney's opinion letter, asking for opinions on five
numbered subjects concerning the above-referenced Contract (the
"Contract"). As attorneys for the District, we give the following
opinions to you (our numbered responses correspond to the numbered
requests for opinions in your letter):

1. The persons who executed the Contract on behalf of the
District are the President of the Board of Directors, James
Burkhalter, and the Secretary of the Board of Directors, Robert
Gobbo. Mr. Burkhalter and Mr. Gobbo are duly appointed directors
of the District, and are the duly elected President and Secretary,
respectively, of the Board of Directors of the District. Copies of
the Orders of the Mesa County District Court, appointing Mr.
Burkhalter and Mr. Gobbo as directors of the District, are enclosed
herewith. Also enclosed are copies of the minutes of a meeting of
the Board of Directors of the District, for the meeting of May 9,
1990, at which meeting Mr. Burkhalter was elected President and Mr.
Gobbo was elected Secretary of the Board of Directors of the
District.

2. Pursuant to sections 2 and 4 of Article II of the Bylaws
of the District, the President and the Secretary of the Board of
Directors of the District have the power to sign contracts which
have been approved by the District, and to bind the District to
such contracts. The Contract was approved by the District's Board
of Directors at a regular meeting on September 12, 1990, and the
President and the Secretary were authorized and ordered to sign the
Contract on behalf of the District. Copies of the District I s
Bylaws, and of the minutes of the September 12, 1990 meeting, are
enclosed herewith.