CHAPTER 39

An Act to amend and reenact §§ 88-85.4 and 88-50.2, as amended, of the
Code of Virginia, both relating to payment to certain cities and towns
for maintenance of streets.

[S 84]

Approved February 16, 1968

Be it enacted by the General Assembly of Virginia:

1. That §§ 33-35.4 and 33-50.2, as amended, of the Code of Virginia,
be amended and reenacted as follows:

§ 33-35.4. The State Highway Commission is authorized and em-
powered to allocate and pay to all cities and incorporated towns having
a population of thirty-five hundred or more according to the last United
States census for which population figures are available, * for main-
tenance, improvement, construction or reconstruction of streets which are
not a part or an extension of the State highway primary system in the
corporate limits of such cities and incorporated towns, the sum of * eleven
hundred dollars per mile annually, if such streets and roads or portions
thereof be maintained up to a standard satisfactory to the Commission.
However, with the exception of streets or portions thereof located: within
territory annexed or incorporated since July one, nineteen hundred fifty,
or hereafter, which streets a portion thereof (1) have been paved and
have constituted parts of the secondary system of State highways prior
to such annexation or incorporation, or (2) have constituted parts of the
secondary system of State highways prior to such annexation or incorpo-
ration and are paved to a minimum width of sixteen feet subsequent
to such annexation or incorporation and with the further exception of
streets or portions thereof which have previously been maintained under
the provisions of § 33-50.1 or § 33-50.4, or which have been eligible for
maintenance payments under § 33-50.2, no such allocation or payments
shall be made by the Commission to any such city or incorporated town
unless the portion of the street for which said allocation is made has
an unrestricted right-of-way width of not less than thirty feet and a hard
surface width of not less than sixteen feet; and any such street estab-
lished after July first, nineteen hundred fifty, shall have an unrestricted
right-of-way width of not less than fifty feet and a hard surface width of
not less than thirty feet; provided, however, that cul-de-sacs may have
an unrestricted right-of-way width of not less than forty feet and a turn-
around that meets State Highway Commission standards.

Allocations and payments made pursuant to this section to such cities
and incorporated towns, shall be paid by the Commission to the govern-
ing bodies of such cities and towns from funds allocated under § 33-35.1.

Notwithstanding any other provisions of this section, any incorpo-
rated town which shows to the Commission by satisfactory evidence
that its population has increased to thirty-five hundred inhabitants, or
more, since the last preceding United States census, shall be included in
the provisions of this section.

Plans and specifications for construction and reconstruction shall be
approved by the State Highway Commissioner.

The fund allocated by the Commission shall be paid in equal sums
in each quarter of the fiscal year, and no payment shall be made without
the approval of the Commission.

The city or town receiving this fund will be required to make quart-
erly reports accounting for all expenditures and certifying that none of
the money received has been expended for other than the maintenance,
improvement, construction or reconstruction of the streets in such city or
town.

§ 33-50.2. The State Highway Commissioner of Virginia is hereby
authorized and empowered, subject to the approval of the State Highway
Commission, upon request of the governing bodies of incorporated towns
of less than thirty-five hundred inhabitants, according to the last United
States census for which population figures are available, to allocate and
pay to such towns for maintenance, improvement, construction or re-
construction of streets which are not a part or an extension of the State
highway primary system in the corporate limits of such towns, * the
sum of eleven hundred dollars per mile annually, if such streets and roads
or portions thereof be maintained up to a standard satisfactory to the
State Highway Commission. However, no such allocation of payment shall
be made by the State Highway Commission to any such incorporated
town, unless the portion of the street for which said allocation is made
has an unrestricted right-of-way width of not less than thirty feet and
a hard surface width of not less than twelve feet; and any such street
hereafter established shall have a right-of-way width of not less than
fifty feet and a hard surface width of not less than twenty feet. Alloca-
tions and payments made pursuant to this section to such incorporated
towns shall be paid by the State Highway Commission to the governing
bodies of such towns from allocations available from secondary funds.
Plans and specifications for construction and reconstruction of such streets
shall be approved by the State Highway Commissioner.

The funds allocated by the Commission shall be paid in equal sums
in such quarter of the fiscal year and no payment shall be made without
the approval of the State Highway Commission.