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<br />'- <br /> <br />. <br /> <br />. <br /> <br />BEATTIE Be CHADWICK <br />ATTORNEYS AND COUNSELORS AT LAW <br />710 COOPER AVENUE, SUITE 200 <br />GLENWOOD SPRINGS, co 81601 <br /> <br />STEVEN If. BEATTIE <br />GLENN D. CHADWICK <br /> <br />TELEPHONE (970) 945-8659 <br />FAX (970) 945-8671 <br /> <br />KAREN J. SLOA T <br /> <br />August 18, 1995 <br /> <br />James A. Yale, <br />Town Administrator <br />Town of silt <br />P.O. Box 70 <br />Silt, co 81652 <br /> <br />RE: Contract Between Town of Silt and CWCB - $400,000 <br /> <br />Dear Mr. Yale: <br /> <br />Concerning the above referenced contract, it is my opinion: <br /> <br />1. That the signature of the person signing for the Town <br />is that of an official duly elected or appointed. <br /> <br />2. That the person signing for the Town has the authority <br />to bind the Town and that the contract has been validly approved <br />by the Town's governing body. <br /> <br />3. <br />to enter <br />approved <br /> <br />That the governing body of the Town <br />into the contract because the voters <br />the contract in an election. <br /> <br />has the authority <br />of the Town have <br /> <br />By way of explanation, C.R.S. ~13-15-302(1)(d)(II) requires <br />voters to approve a municipality's incurrence of debt "except in <br />supplying water," as is the purpose of the present CWCB contract. <br />Nevertheless, Article X, Section 20 of the Colorado Constitution <br />("Amendment One") requires the Town to submit for voter approval <br />the question of whether to incur certain types of municipal debt. <br /> <br />In the November 8, 1994 election, the Town voters approved a <br />ballot question in proper Amendment One format which addressed <br />this debt. The ballot question specifically referenced an <br />increase in the Town's "debt" in the amount of "$400,000 by the <br />issuance of general obligation bonds for the installation and <br />contruction of...an underground, low-pressure irrigation system." <br />The "pro statement summary" explained that the Town would borrow <br />money via "loans permitted...supplementing the 1% Use Tax <br />increase" to install the system. I understand that, in the <br />opinion of State of Colorado attorneys, the reference to a <br />