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<br />3: <br /> <br />THURSDAY <br /> <br />SEPTEMBER 17, 1964 <br /> <br />~- <br /> <br />Mr. William F. Stone, Attorney at Law and Counsel for Mr. J, C. Aaron, appeared <br /> <br />before Council and presented an application (or a petition) requesting the closing <br /> <br />of unopened portions of IIEII, "FII, IIG", and IIHII streets, lying on the east side of <br /> <br /> <br />No:c-folk & 'western Railway right-of-way in West Martinsville. As prescribed by <br /> <br /> <br />Section 15.1-364 of the CODE OF VIRGINIA, 1950, and as amended, Council provided <br /> <br /> <br />for the appointing of a Board of Viewers to view these streets and to report in <br /> <br />writing its findings, and asked Messrs. I. M. Groves, Sr., R. A. Henderson, Jr., <br /> <br />and Whitney Shumate to serve as the Board of Viewers in this case. Council also <br /> <br />asked the Planning Commission to anticipate the effect of the requested closing of <br /> <br />these streets, if closed, in relation to the City's long-range planning program. <br /> <br />Messrs. WilliaJu N. Richey and Harold E. Wilson, residing on the east side of Craig <br /> <br />Street, appeared before Council in support of their prior appeals for the City's <br /> <br />assistance toward preventing storm-flood damage along their property. Mr. Richey <br /> <br />informed Council that he has completed the constructing of a retaining wall along <br /> <br />a portion of the bank of the creek across the rear of his property, in an effort to <br /> <br />protect his property, and that there is a rock boulder in the creek which, if removed, <br /> <br />would expedite the flow of the creek during flood stages. Mr. Richey expressed the <br /> <br />opinion that the City could and should remove this boulder, to make for a more <br /> <br />natural flow of the creek. City Manager Hirst, however, advised Council that to do <br /> <br />so with City personnel and equipment not only would be precedent-setting but also <br /> <br />would expose the City to certain risks, particularly from the standpoint of going onto <br /> <br />private property. In an effort to express the City's willingness to cooperate with <br /> <br />all citizens and assist them to the benefit of all, and upon the condition that <br /> <br />Messrs. Richey and Wilson--by written agreement--save the City harmless, Council <br /> <br />directed that the City remove this boulder. <br />