CHAPTER 359

An Act to amend and reenact § 38-118.2, as amended, of the Code of Vir-
ginia, relating to payments by the State with respect to streets which
are not a part of the primary State highway system. CH 144]

Approved March 29, 1958

Be it enacted by the General Assembly of Virginia:

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

§ 33-113.2. 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 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 incorporated towns, the sum of three hundred
dollars per mile annually except as hereinafter provided, 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 incorporation and are paved to a minimum width of
sixteen feet subsequent to such annexation or incorporation, 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 alloca-
tion 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 established 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. .

Allocations and payments made pursuant to this section to such cities
and incorporated towns, shall be paid by the Commission 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 con-
stituted to any extent of funds, reversions, transfers, allocations or ap-
propriations available for the secondary system of highways, to the end
that all allocations 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 main-
tenance, improvement, construction and reconstruction of streets in such
cities and incorporated towns shall increase or decrease annually in the
same ratio that such available funds from the State highway primary
system for all highway purposes 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, im-
provement, construction or reconstruction of the streets in such city or
town.