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<br />, <br />/ <br /> <br />. <br /> <br />(. <br /> <br />~ <br /> <br />LEAVENWORTH, PATRICK b LOCHHEAD, P C. <br />ATTORNEYS AT LAW <br /> <br />LOYAL E. LEAVENWORTH <br />KEVIN L.PATRICK <br />JAMES S. LOCHHEAD <br />PETER A. MILWID <br /> <br />April 2, 1984 <br /> <br />1011 GRAND AVENUE <br />P. O. DRAWER 2030 <br />GLENWOOD SPRrNGS.COLORADO 81601 <br />TELEPHONE: (30')) 945-2261 <br /> <br />Mr. Nick Ioannides, P.E. <br />Chief project Planning and Construction Section <br />Colorado Water Conservation Board <br />823 State Centennial Building <br />1313 Sherman Street <br />Denver, CO 80203 <br /> <br />Re: Basalt Water Tank Project <br /> <br />Dear Nick: <br /> <br />The purpose of this letter is to comply with your letter of <br />January 20, 1984, to provide our opinion concerning the Basalt <br />Water Tank funding contracts. After examining relevant state <br />statutes, Basalt Town Code sections, state constitution, minutes <br />of the meeting of March 14, 1984 of the Basalt Board of <br />Trustees, the amendment to Contract C153374, and the newly pro- <br />posed contract dated February I, 1984 to provide funding to the <br />Town in the amount of $221,106.83, we are of the opinion that: <br /> <br />1. '!'he signature of the person signing for the Town of <br />Basalt, Mayor John Host, is that of an official duly elected <br />to the Town Board of the Town of Basalt, and as Mayor of the <br />Town of Basalt. <br /> <br />2. '!'he contract has been validly approved by the Board of <br />Trustees of the Town of Basalt as evidenced by Ordinance No. <br />4, Series of 1984, enacted March 14, 1984. The persons <br />signing said Ordinance are duly authorized pursuant to state <br />law. <br /> <br />3. '!'he Town of Basalt has the authority to enter into the <br />referenced contracts without a vote of their residence, as <br />this contract comes wi thin the "water supply exception" of <br />the Colorado Constitution, Article XI, Section 1. <br /> <br />4. '!'here are no provisions in the Town of Basalt Code, or <br /> <br />any other state or local law, that prevent the contract from <br />binding the Town of Basalt. <br /> <br />5. The contract will be valid and binding against the Town <br />of Basalt if entered into by the State. <br />