_SEPT 1 1938-MARCH 21 1947 - MINUTE BOOK H - COUNCIL

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34 (2) That the removal of obstructions to a depth of 41 feet below the bottom of the pipe be not required at those places where bed rock is struck; (3) That the City expressly provide that it does not recognize liability by reason of the acceptance of the proposal, but that the same is made in the spirit of compromise and for the pur_Iose of avoiding the expense of litiga- tion. EVW/IA Mr. E. V. uValker, City Attorney, Charlottesville, Virginia. Dear 2dr. Walker: Respectfully submitted, W. D. HADEN (signed) Councilman SETH BURNLEY (signed) Cit -r Manager E. V. r'ALKER (signed) City Attorney February 9th, 1939. Since our conference in your office on February Report - 7th, we have asked Mr. White to go to the site where the CommitteeCity pipe line crosses Liechums River on the '."lard property T. L. White and endeavor to ascertain how much of the Riverts channel Claim would have to be cleared to conform to the tentative proposal re discussed with you then. In an effort to maice clear what we are talking about it might be well to endeavor to give a picture of the situation as it now is. The concrete piers, or pipe supports, consist of a bier roughly in the center of the River bed and somewhat similar piers near each ban_; also a concrete anchor some thirty- feet up- stream near the southern ban_: with a cable connecting this �_nd the pipe at the center pier. Approximately one hundred feet upstream from the pipe are the remains of a coffer dam. Under the pipe and around the piers are losse rocks which have been piled in there, and down stream are many of these large rocks which were placed in there by the City and to some extent have been washed down stream by the current. Apparently the present natural bottom, or river bed, is five feet, or more, below the bottom of the pipe. The rocks placed there by the City have completely filled in this space bet ,een the center pier and the southern bank and partly filled in this space bet-.-een the center pier and the northern bank. Mr. White's proposal is this:- (1) his:- (1) TCiat the City remove the remains of the coffer dam; (2) That the City remove all loose rock, logs, timber, and other simil:-r obstructions for a depth of 4-1/2 feet below the bottom of the pipe and between the inner faces of the outside piers and of the same depth and width for ten feet above the pipe and twenty feet below the pipe. All rock, timber, etc., removed to be deposited on the banes or elsewhere so as not to interfere with the flow of the stream; and (3) Grant or assign to Mr. White, in so far as the City may be able to do so, the right to go there from t1me to time and remove such debris as may have accumulated. If the City will promptly comply with this proposal, Mr. White will agree to release or relieve the City from present and future liability :-nd responsibility on account of this matter. Of course, this letter is written in a spirit of compromise, in an effort to amicably adjust the matter, and, in the event we fail in this effort, it is not to be considered as waiving any right Mr. White may hove or in any way binding on him. Vie understand that this matter will be brought to the attention of the City Council when it meets on February 20th, and we will appreciate an answer immediately thereafter. Very truly yours, E. H. Copenhaver (signed) AB John S. Battle (signed)