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<br />. <br /> <br />.. <br /> <br />MAYNES, BRADFORD, SHIPPS & SHEFTEL <br />ATTORNEYS AT LAW <br /> <br />WEST BUILDING - 835 E. SECOND AVENUE SUITE 123 <br />POST OFFICE BOX 2717 <br />DURANGO. COLORADO 81302-2717 <br /> <br />FRANK E. (SAM) MAYNES <br />THOMAS H. SHIPPS <br />JANICE C. SHEFTEL <br />PATRICIA A. HALLt <br />SAM W. MAYNES <br />JOHN BARLOW SPEAR <br /> <br />303/247-1755 <br />FAX: 303/247-8827 <br />May 19, 1995 <br /> <br />BYRON V, BRADFORD (1907 -1985) <br />tALSO ADMITTED IN ARIZONA <br /> <br />Danes C. Lile, Director <br />Colorado Water Conservation Board <br />1313 Shennan Street, Room 721 <br />Denver, CO 80203 <br /> <br />Re: Norwood Water Commission Feasibility Report Contract Made March 22,1995 (the "Contract") <br />between the State of Colorado and the Town of Norwood (the "Town") and the Town of Norwood <br />Water Commission (the "Commission") <br /> <br />Dear Chuck: <br /> <br />Concerning the Contract, it is my opinion that: <br /> <br />1. the signatures of the persons signing for the Town and the Commission (together the "Entities") <br />are those of officials dilly elected or appointed. <br /> <br />2, the persons signing for the Entities have the authority to bind the Entities and the Contract has <br />been validly approved by the Entities' governing bodies. <br /> <br />3. the governing bodies of the Entities have the authority to enter into the contract without a vote <br />of the residents of the Entities. The Contract is not subject to the provisions of the Colorado <br />Constitution. Article XI, ~~ 1 and 6 because the Entities are not pledging the "credit or faith <br />thereof' of the Entities (~ 1) and will not secure their loan under the Contract with "general <br />obligation debt" (~6). lf the Contract were deemed to come under the Colorado Constitution, <br />Article XI, ~ I and 6. the Contract woilld come within the "water supply exception" of the <br />Colorado Constitution, Article Xl, ~ 6. <br /> <br />4. there are no provisions in the Entities' codes or organizational documents or state or local law that <br />prevent the Contract from binding the entities. <br /> <br />5. the Contract will be valid and binding against the Entities if entered into by the State of Colorado. <br /> <br />Sincerely, <br /> <br />MAYNES, BRADFORD, SHIPPS & SHEFfEL <br /> <br />~~C-. ~ <br /> <br />Janice C. Sheftel <br /> <br />JCS:Iw <br />cc: Jan lllian (via facsimile) <br />li1e.ltr <br />