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Developed and maintained by the Division of Legislative Automated Systems.
1996 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 33.1-41.1 of the Code of Virginia is amended and reenacted as follows:
§ 33.1-41.1. Payments to cities and certain towns for maintenance of certain highways.
The Commonwealth Transportation Commissioner, subject to the approval of the
Commonwealth Transportation Board, shall make payments for maintenance,
construction or reconstruction of highways, as hereinafter provided, to:
(i) all incorporated towns having more than 3,500 inhabitants according to the
last preceding United States census; (ii) all incorporated towns which,
according to evidence satisfactory to the Commonwealth Transportation Board,
have attained a population of more than 3,500 since the last preceding United
States census; (iii) all incorporated towns which, on June 30, 1985, maintained
certain streets under § 33.1-80 as then in effect; (iv) all cities
operating under charters designating them as cities, regardless of their
populations; and (v) the Town of Wise, the Town of Lebanon, and the Town of
Blackstone. Such payments, however, shall only be made if, in the opinion of
the Commonwealth Transportation Board, such those highways
functionally classified as principal and minor arterial roads are
maintained in accordance with the applicable standards of the Commonwealth
Transportation Board to a standard satisfactory to the Department of
Transportation.
No payments shall be made by the Commissioner to any such city or town unless
the portion of the highway for which such payment is made either (a) has (i) an
unrestricted right-of-way at least fifty feet wide and (ii) a hard-surface
width of at least thirty feet; or (b) has (i) an unrestricted right-of-way at
least eighty feet wide and ,(ii) has a hard-surface width
of at least twenty-four feet and (iii) there are approved engineering
plans for the ultimate construction of an additional hard-surface width of at
least twenty-four feet within the same right-of-way; or (c) (i) is
(i) a cul-de-sac and, (ii) has an unrestricted right-of-way
at least forty feet wide and (iii) has a turnaround that meets
applicable standards of the Commonwealth Transportation Board set by
the Department of Transportation; or (d) either (i) has been paved and has
constituted part of the primary or secondary system of state highways prior to
annexation or incorporation, or (ii) has constituted part of the
secondary system of state highways prior to annexation or incorporation and is
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 § 33.1-79 or
§ 33.1-82; or (e) was eligible for and receiving such payments under the
laws of the Commonwealth in effect on June 30, 1985; or (f) is a street
established prior to July 1, 1950, which has an unrestricted right-of-way width
of not less than thirty feet and a hard-surface width of not less than sixteen
feet.
However, the Commissioner may waive the requirements as to hard-surface pavement or right-of-way width for highways where the width modification is at the request of the local governing body and is to protect the quality of the affected local government's drinking water supply or, for highways constructed on or after July 1, 1994, to accommodate some other special circumstance where such action would not compromise the health, safety, or welfare of the public. The modification is subject to such conditions as the Commissioner may prescribe.
For the purpose of calculating allocations and making payments under this
section, the Department shall divide affected highways into two categories,
which shall be distinct from but based on functional classifications
established by the Federal Highway Administration: (i) principal and minor
arterial roads, and (ii) collector roads and local streets. Payments to
affected localities shall be based on the number of moving-lane-miles of
highways or portions thereof available to peak-hour traffic in each category of
highways in that locality. For the fiscal year 1986, payment to each city and
town shall be an amount equal to $7,787 per moving-lane-mile for principal and
minor arterials and $4,572 per moving-lane-mile for collector roads and local
streets.
The Department of Transportation shall establish a statewide maintenance index of the unit costs for labor, equipment, and materials used on roads and bridges in the fiscal year 1986, and use changes in that index to calculate and put into effect annual changes in the base per-lane-mile rate payable under this section.
The fund allocated by the Board shall be paid in equal sums in each quarter of the fiscal year, and no payment shall be made without the approval of the Board.
The city or town receiving this fund will be required to shall
make quarterly annual reports, audited annually, in
such form as the Board may prescribe, accounting for all expenditures and
certifying that none of the money received has been expended for other than
maintenance, construction or reconstruction of the streets. Such
reports shall be included in the scope of the annual audit of each municipality
conducted by independent certified public accountants.
2. That an emergency exists and this act is in force from its passage.