Chap. 288.—An ACT to amend and re-enact Section 9 of an act entitled ‘‘An act to
relieve counties of Virginia of, and to assist certain cities 1nd towns in, the
maintenance and improvement, including construction and reconstruction, of
certain roads, causeways, streets, bridges, landings and wharves; to establish a
secondary system of State highways; for such purpose to prescribe the rights,
powers, duties, and authority of the local road authorities, the State Department
of Highways, the State Highway Commission, and the State Highway Commis-
sioner; to prohibit certain local levies; to appropriate and allocate funds for the
purpose of this act; to provide for elections in counties for withdrawal from the
provisions of this act; and to repeal acts and parts of acts in conflict herewith”,
approved March 31, 1932, as heretofore amended, so as to rake the provisions
of the said act applicable to certain towns, and to increase the amount of money,
and to amend further said act by adding thereto a new section numbered 11-b,
authorizing the State Highway Commission to transfer, within certain limits,
roads, bridges and streets from the secondary system of State Highways to the
primary system of State highways. [S B 329]

Approved March 27, 1940

1. Be it enacted by the General Assembly of Virginia, That
section nine of an act entitled ‘‘An act to relieve counties of Virginia
of, and to assist certain cities and towns in, the mainenance and im-
provement, including construction and reconstruc:ion of certain
roads, causeways, streets, bridges, landings and whar-es; to establish
a secondary system of State highways; for such purpose to prescribe
the rights, powers, duties, and authority of the local 10ad authorities,
the State Department of Highways, the State Highway Commission,
and the State Highway Commissioner; to prohibit certain local levies;
to appropriate and allocate funds for the purpose of this act; to pro-
vide for elections in counties for withdrawal from t1e provisions of
this act; and to repeal acts and parts of acts in conflict herewith,”
approved March thirty-first, nineteen hundred anc. thirty-two, as
heretofore amended, be amended and re-enacted, ar.d that the said
act be further amended by adding thereto a new section numbered
11-b, so that the said amended section and the said riew section shall
read as follows: :
Section 9. The State Highway Commissioner, subject to the ap-
proval of the State Highway Commission shall select such streets and
roads, or portions thereof, in incorporated towns and cities having
more than thirty-five hundred (3500) inhabitants according to the
census of nineteen hundred and twenty, and in all towns situated
within one mile of the corporate limits of a city of the first class and
having a population in excess of thirty-five hundred (3500) inhabitants
according to the census of nineteen hundred and thirty, and in all
cities operating under a charter designating them as cities notwith-
standing the number of inhabitants, and in all towns having a popula-
tion in excess of thirty-five hundred (3500) inhabitants according to
the last preceding United States census through which pass any
primary road in the State highway system directly connecting and
over which moves a substantial portion of the traffic between two
cities of the State each of which has a population in excess of forty
thousand (40,000) inhabitants according to the said census as may, in
his judgment be best for the handling of traffic in such towns and
cities, from or to any road in the State highway system, and from
time to time make such changes in the selection thereof as may be
reasonable and proper. If such streets and roads, or portions thereof,
in such towns or cities so selected by the State Highway Commissioner
shall, in the opinion of the State Highway Commission, be main-
tained up to the standard of maintenance of the State highway sys-
tem adjoining such town or city, the State Highway Commissioner
shall cause to be paid to such town or city, to be used by it in the
maintenance and improvement, including construction and recon-
struction, of streets, roads and bridges within such town or city,
subject to the approval of the State Highway Commission, the sum
of twenty-five hundred dollars each year for each mile of such streets
and roads, or portions thereof, selected by the State Highway Com-
missioner under the provisions of this section within such town or
city, one-third thereof to be paid from State highway maintenance
funds and the remaining two-thirds thereof to be paid from State
highway construction funds allocated to the construction district in
which such town or city is located. In addition thereto, the State
Highway Commissioner is authorized and directed, whenever in the
opinion of the State Highway Commission it is advisable that any
such street or road, or portion thereof, including bridges in any such
town or city, selected by the State Highway Commissioner under the
provisions of this section, be constructed or reconstructed, to pay, or
cause to be paid, to such town or city on account of such construction
or reconstruction, from State highway construction funds allocated
to the construction district in which such town or city is located, such
sum as the State Highway Commission may determine, not to exceed
five hundred dollars annually for each mile of such streets and roads,
or portions thereof, selected by the State Highway Commissioner
under the provisions of this section, within such town or city, provided
such construction or reconstruction shall be done in accordance with
plans and specifications approved by the State Highway Commis-
sioner.
Section 11-b. The State Highway Commission is hereby au-
thorized and empowered to transfer such roads, bridges and streets,
as the said commission shall deem proper, from the secondary system
of State highways to the primary system of State highways; upon
such transfer, roads, bridges and streets so transferred shall become
for all purposes parts of the primary system of State highways and
thereafter cease being parts of the secondary system of State high-
ways; the total mileage of such roads, bridges and s:reets so trans-
ferred by the State Highway Commission shall not, however, exceed
fifty miles during any one year.