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<br />, <br /> <br />'. . <br />\ <br /> <br />" <br /> <br />" <br />) <br /> <br />. Paul D. Vaughan <br />Attorney At Law <br />F1rst National Bank Bulldlng <br />200 E, 7th St., Suite 412 <br />Loveland, CO 80537 <br />(303) 663-1770 <br /> <br />\ <br />) <br /> <br />July 19, 1991 <br /> <br />C'Nr.13 <br />., JUL 2 4. '99' <br /> <br />Mr. Frank M. Akers, P.E. <br />Chief Project Planning and Construction Section <br />Colorado Water Conservation Board <br />721 State Centennial Building <br />1313 Sherman Street <br />Denver, Colorado 80203 <br /> <br />RE: Handy Ditch Company application. <br /> <br />Dear Mr. Akers: <br /> <br />This opinion letter is in response to your letter to The Handy <br />Ditch Company dated June 24, 1991. <br />I will address the issues in the order you have them in your <br />letter. <br /> <br />1. The signature of Mr. John Waggener is that of the duly <br />elected President of The Handy Ditch Company. This information <br />comes from the minutes of the meeting of February 16, 1991 at which <br />Mr. Waggener was re-elected president of the company. <br /> <br />2. A resolution was passed Friday, July 19, 1991 at a special <br />meeting of the board of directors authorizing Mr. Waggener to bind <br />the entity and approving the contract. A certified copy of the <br />minutes of the meeting are attached as Exhibit A. A copy of the <br />resolution is attached and identified as Exhibit C. A further <br />resolution was adopted at this meeting authorizing the president <br />to sign the requested Warranty Deed. This resolution is attached <br />and identified as Exhibit D. <br /> <br />3. The Handy Ditch Company is a service authority supplying <br />water and as such is excepted from the prohibitions of the Colorado <br />Constitution Article XI, Section 1 by application of Colorado <br />Constitution Article Xi, Section 6 (3). <br /> <br />4. Upon a reading of the By-laws of The Handy Ditch Company, <br />there are no prohibitions that prevent The Handy Ditch Company from <br />entering into a binding contract with The Department of Natural <br />Resources. A copy of the By-laws is attached as Exhibit B. <br /> <br />5. It is my opinion that a contract entered into by The Handy <br />Ditch Company, through it's President, Mr. John Waggener with the <br />Department of Natural Resources providing for a loan to The Handy <br />Ditch Company of Three Hundred Ten Thousand Dollars ($310,000.00) <br />will be valid and binding on The Handy Ditch Company if entered <br />into by the State. This loan is for the purpose of rehabilitating <br />the Handy (Welch) Dam West (No.1). <br /> <br />I trust this answers your questions raised in your letter. <br />Should you have any questions or comments, please feel free to <br />contact me at the above address. <br />