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<br /> <br />, <br />.'.r <br /> <br />-J <br />, <br /> <br />Duane Woodard <br />Attorney General <br /> <br />Charle. B. Ho_ <br />Oeputy Attorney General <br />Richard H. Forman <br />Solicitor General <br /> <br /> <br />mI,r @ltatr of arnlnrailn <br />DEPARTMENT OF LAW <br /> <br />STATE SERVICES BUILOING <br />1525 Sherman Street, 3rd. Fl. <br />Denver. Colorado 80203 <br />Phone 866-3611 & 866-3621 <br /> <br />OFFICE OF THE ATTORNEY GENERAL <br /> <br />May 2, 1984 <br /> <br /> <br />Mr. Peter Vargas <br />Assistant City Manager <br />City of Englewood <br />3400 South Elati Street <br />Englewood, Colorado 80110 <br /> <br />RE: UNION AIIENUE - SOUTH PLATTE CHANNELIZATION <br /> <br />Dear Peter; <br /> <br />This is to confirm our telephone conversation of April 30, <br />19 81+. <br /> <br />As yo\: are aware, the Englewood City Council passed an <br />ordinance published by title as ordinance No. 22, series <br />of 1983, on June 8, 1983. This ordinance approves a contract <br />between the Colorado Water Conservation Board (CWCB) and the <br />City of Englewood (City). Pursuant to this contract, the <br />CWCB will provide funds to the City for the reconstruction <br />of the Union Avenue Diversion Pump Station and the City will <br />graL~ the CWCB an easement for the South Platte channel <br />improvements upon completion of the project. The ordinance <br />does not specifically incorporate the contract, but rather <br />makes reference to it and its attachments and generally <br />describes its provisions. <br /> <br />The U.S. Army Corps of Engineers would like to proceed with <br />the Union Avenue portion of the South Platte Channelization <br />Project. In order to do so, the Corps needs permission to <br />enter onto the City's property. In the opinion of the attorney <br />for the Corps, the contract does not provide sufficient legal <br />authority for such an entry. <br />