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<br />",;, <br /> <br />_/"~, <br />0.~.';:'31 <br /> <br />forth in Colorado Revised Statutes 37-45.1-102(2). <br /> <br />5. The fees described in Ordinance 445 are specifically set <br />forth as assessments and fees and do not violate Section (4)(a) of <br />Section XX of the Constitution of the State of Colorado. <br /> <br />6. Section XX, Section (4)(a) of the Colorado Constitution, <br />specifically excludes fees, impact fees and special assessments as <br />non-taxes. In this case, the fee is structured as such and is on <br />behalf of what is generally conceded to be an "enterprise" under <br />Amendment 1. <br /> <br />This opinion is rendered to the Board of Trustees of the Town <br />of Erie, Colorado in connection with the transactions contemplated <br />by the Contract and Amendment referred to above. <br /> <br />Sincerely, <br /> <br /> <br />BYI <br /> <br />DCT/eb <br /> <br />3 <br />