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<br />N~2:5-92 <br /> <br />P.O. Box 496 <br />Bayfleld. CO 81122 <br />303/884.9561 <br /> <br />~ ...J.'~' .. <br /> <br />WED <br /> <br />1:5:1r c.Xt::..L:UI~Vt:. <br /> <br />~t::.l.-r::It:.I_r'"'..L_L.. <br /> <br />r--.. 1l:;.lI..L <br /> <br />. <br /> <br />. <br /> <br />DIRK W. NELSON <br />A ttorney at Law <br /> <br />/,,," <br />,/./ <br />(,~ j,\, .,1- <br />( -I" ( ,/It.. <br />;:c; ;'~"I''';'/l;rp <br />"1 .~~ <SJ}/ <br />~.:.o( (~h_' _ tJ'!l.?, <br />.'". ~t~ <:. <br />.', if <br />.. <br />~ '. <br /> <br />381 E. CoJorado Drive <br />Pine River PI... <br />FAX 303/884-9856 <br /> <br />November 25, 1992 <br /> <br /> <br />Frank Akers <br />Colorado Water Conservation Board <br />1313 Sherma" street <br />Denver, Colorado 80203 <br /> <br />Re: Town of Ignacio Project <br />Dear Mr, Akers: <br /> <br />In our recent phone conversation, you told me that the <br />Attorney General's office has again raised questions concerning the <br />abUi ty of the Town to undertake construction of the proposed <br />irrigation system itself under the provisions of CRS 31-15-712. <br /> <br />As I told you, Jennifer Gimble and I had several discussions <br />about this matter at the outset of the loan process. I had thought <br />that I had written her a letter regarding this question, but I have <br />not been able to find one. I will therefore, address the issue in <br />writing to you. <br /> <br />As I indicated in my opinion letters, the Town of Ignacio is <br />a statutory town as defined in CRS 31-1-101. The municipal <br />statutes must be reviewed closely since many of the provisions <br />apply to towns, many to cities and some to both, <br /> <br />CRS 31-15-712 clearly refers to work being done by a ~. <br />There is no similar restriction placed on statutory towns. I have <br />5~cken with the counsel for the Colorado Municipal League, and he <br />agrees that this provision applies only to statutory cities and not <br />to towns, I am enclosing a copy of a portion of a Colorado <br />Municipal League publication which states that this requirement <br />does not apply to towns. <br /> <br />Further, even if the statute could somehow be construed to <br />apply to towns, it is my opinion and that of the CML counsel that <br />the bid provisions do not preclude a city from doing construction <br />work itself if it desires to do so. That provision requires that <br />if a. city desires to contract out work, that it be done through the <br />bid process, <br /> <br />I hope this answers any questions about this issue. Please <br />feel free to call if you have any questions. <br /> <br />DWN:ma <br /> <br />