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Timnath council hires Butler Snow LLP for financing and election legal work tied to proposed recreation center
Summary
The council approved a not-to-exceed $100,000 engagement with Butler Snow LLP to provide bond counsel and election-related legal services for a proposed financing (certificate of participation) tied to a potential recreation center; if financing does not proceed, election-related work is capped at $7,500.
The Timnath Town Council on May 27 approved Resolution 41, Series 2025, engaging Butler Snow LLP to provide an independent legal opinion and related financing and election advice for a proposed 2025 financing and any related certificate of participation tied to the proposed recreation center.
Town legal counsel explained that state and federal financing typically require a separate independent bond opinion in addition to general counsel. The engagement letter presented to council covers election-stage assistance (including drafting proposed ballot language and TABOR-related notices), and continues through closing and issuance of documents for the proposed certificate of participation. The firm’s fee was described during the meeting as a flat $100,000; if the town proceeds only to the election stage and does not advance to financing, the firm’s work for election-related tasks would be limited to $7,500.
Staff highlighted timing constraints: the town must notify the county by July if it plans to participate in a November election and must certify ballot questions by September. Counsel said Butler Snow has already provided early advice on draft ballot language and TABOR-related matters. Council members said they wanted the town to use outside expertise to ensure the process meets legal requirements and to limit the town’s exposure if voters do not approve a financing measure.
The resolution carried unanimously. Voting members recorded in the meeting were Mayor Robert Oxmacher; Mayor Pro Tem Luke Wagner; Council members Jeremy Holt, Bill Jenkins and Lisa Lake.
Staff said closing costs for the financing, if it proceeds, would be paid from the financing itself and that additional service costs will appear at closing. The engagement authorizes Butler Snow to assist with election preparation, drafting financing documents and delivering the required independent opinion on taxability and procedural compliance.
