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<br />l'lnl ... I :,..... \-1-,' -'. ,. ,....".........'''~I-'nr'.....I-..:><'' ""..."~.... <br /> <br />/~'" <br />. 1 <br /> <br />of the Town of Erie, CO and such other <br />investigation of fact and law as deemed <br />necessary. <br /> <br />(ix) Colorado Revised Statutes 31-15-101 et seq. <br />In addition I have consulted with the following parties: <br /> <br />(i) <br />(U) <br /> <br />Clay Douglas, City Attorney for Longmont, CO <br /> <br />Susan Griffith, City Attorney for Louisville, <br />CO <br /> <br />(iU) <br /> <br />Dan Schommer, Brock, Watkins and Schommer, <br />CPA's, Greeley, CO <br /> <br />Bric Critchfield, CPA, Boulder, CO <br /> <br />(iv) <br /> <br />My opinions contained herein relate to the laws of Colorado. <br />I have assumed and relied on the genuineness of all signatures and <br />the authenticity of the contracts and ordinances involved. <br /> <br />This opinion is further limited by the lack of case law <br />interpreting either Amendment 1 (The Tabor Amendment) of the <br />Colorado Constitution, and Colorado Revised Statutes 37-45.1-101 et <br />seq. <br /> <br />A caveat is that what constitutes a tax will most likely be <br />determined in Court on a case by case basis. It is believed that <br />characterization and structure will substantially influence court <br />opinions. (See Amendment 1 Imtllementation, Colorado Municipal <br />League, November 1992). <br /> <br />Based upon and subject to the foregoing, I am of the opinion <br />thatr <br /> <br />1. The Town of Erie is a Colorado municipal corporation, duly <br />organized, validly existing and in good standing under the laws of <br />the State of Colorado with full statutory authority and power to <br />own its properties and enter into contracts. <br /> <br />2. The Erie Water Department is a "water activity enterprise" <br />within the meaning of Colorado Revised Statutes 37-45.1-102(4). <br /> <br />3. As a .water activity enterprise" the Erie Water <br />Department, an "enterprise" of the Town of Erie may receive <br />"Grants" as defined in Colorado Revised Statutes 37-45.1-102(2). <br /> <br />4. The" grant" referred to in the Contract and First <br />Amendment Contract Routing Number 92-250, Encumbrance Number <br />CB52184 is for the purposes of constructing flood plain <br />improvements and therefore is excluded from the limitations set <br /> <br />2 <br />