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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />OFFICES OF <br />BREYFOGLE AND MANDEL <br /> <br />ATrORNEYS AT LAW <br /> <br />October 15, 1986 <br /> <br />ROGER M. BREYFOGLE <br />RICHARD G. MANOEL <br />30.3 NORTH SEVENTH STREET. P.O. BOX 1111 <br />CANON CITY, COLORADO 81212-1111 <br />303-27!5-SeS3 <br /> <br />Mr, N, C, Ioannides, p, E" Chief <br />Project Planning and Construction Section <br />Colorado Water Conservation Board <br />1313 Sherman Street <br />Denver, Colorado 80203 <br /> <br />RE: City of Victor <br />Victor (Bison) Dam No. 2 Project <br />Opinion Letter for Contract of 10/15/86 <br /> <br />Dear Mr. Ioannides: <br /> <br />The following is submitted in accordance with your request directed to Mr, <br />Edward L, Eric~on of October 3, 1986, Execution of the above referenced <br />Contract by the Mayor of the City of Victor, James E, Keeler, and attested <br />by the signature of the City Clerk, Sandra L, Honeycutt, constitute the <br />signatures of the officials duly elected or appointed for such purposes, The <br />signatures of the above named parties are those of the individuals with the <br />a'lthority to bind the City of Victor, and the execution of this Contract is <br />authorized by the resolution of the duly elected governing body of the City <br />of Victor, as evidenced by the Minutes of the meeting of October ,1986, <br />attached hereto. <br /> <br />Reference is made in your letter to the water supply exception to the Colorado <br />Constitution, .Article XI, Section 1, and I am assuming that you are actually <br />referring to Article XI, Section 6(3) wherein "debts contracted by a , , . <br />statutory city , , . for purposes of supplying' water shall be excepted from <br />the operation of this section," It is my understanding that the above excep- <br />tion applies to adoption of irrepealable legislative measures undertaken for the <br />purpose of refunding bonds issued, generally for capital improvements, It is <br />the opinion of the undersigned that the City of Victor has the authority to <br />enter into the above referenced Contract as written, and further, to take such <br />action as may be necessary in the future to authorize the payments of the sums <br />set forth in Paragraph 5 of said agreement within the time periods provided for. <br />I wil! be happy to answer any other specific questions you may have regarding <br />this portion of your request, <br />