CHAPTER 141

AN ACT to amend and reenact § 33-113.2 of the Code of 1950, re-
lating to payments to certain cities and towns of more than
thirty-five hundred inhabitants for maintenance, improvement,
construction and reconstruction of streets not parts of or exten-
sions of the State highway primary system.

[S 71]

Approved March 10, 1950

Be it enacted by the General Assembly of Virginia:

1. That § 33-113.2 of the 1950 Code of Virginia be amended and
reenacted as follows:

§ 33-113.2. Payments to certain cities and towns for mainte-
nance, etc., of streets not a part or extension of state highway pri-
mary system.—The State Highway Commission is authorized and
empowered 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 maintenance, 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 incor-
porated towns, the sum of three hundred dollars per mile annu-
ally except as hereinafter provided, if such streets and roads or
portions thereof be maintained up to a standard satisfactory to the
Commission. However, no such allocation of payment shall be
made by the Commission to any such city or incorporated town
* * * unless the portion of the street for which said allocation. ts
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 hereafter established * * * 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.
Allocations and payments made pursuant to this section to
such cities and incorporated towns, shall be paid by the Commis-
sion to the governing bodies of such cities and towns from funds
available for maintenance and construction of the State highway
primary system; provided, however, that the fund from which any
such allocations are made shall not be constituted to any extent
of funds, reversions, transfers, allocations or appropriations avail-
able for the secondary system of highways, to the end that all allo-
cations under this section shall be paid wholly from funds available
for the primary system of highways and no part of such funds shall
be derived at the expense of the secondary highway funds or reduce
the ratio of the secondary highway funds to all funds available for
all highway purposes below such ratio for the year ending June
thirtieth, nineteen hundred forty-seven. Provided, however, that
the amount of three hundred dollars herein provided to be allocated
annually for maintenance, improvement, construction and recon-
struction of streets in such cities and incorporated towns shall in-
crease or decrease annually in the same ratio that such available
funds from the State highway primary system for all highway pur-
poses shall increase or decrease relative to the fiscal year ending
June thirtieth, nineteen hundred forty-eight.

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
quarterly 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.