2006 Code of Virginia § 33.1-44 - Matching highway funds; funding of urban system construction projects, generally

33.1-44. Matching highway funds; funding of urban system constructionprojects, generally.

In any case in which an act of Congress requires that federal-aid highwayfunds made available for the construction or improvement of federal or statehighways be matched, the Commonwealth Transportation Board shall contributesuch matching funds. However, in the case of municipalities of 3,500 or morepopulation eligible for an allocation of construction funds for urbanhighways under 33.1-23.3 and the Town of Wise, the Town of Lebanon, andthe Town of Altavista, the Board may contribute toward the cost ofconstruction of any federal-aid highway or street project ninety-eightpercent of the necessary funds, including the federal portion, if themunicipality contributes the other two percent, and provided further, thatwithin such municipalities the Board may contribute all the required funds onhighways in the interstate system.

In the case of municipalities of 3,500 or more population eligible for anallocation of construction funds for urban highways under 33.1-23.3 and theTown of Wise, the Town of Lebanon, and the Town of Altavista, theCommonwealth Transportation Board may contribute toward the costs ofconstruction or improvement of any highway or street project for which nofederal-aid highway funds are made available ninety-eight percent of thenecessary funds if the municipality contributes the other two percent.

For purposes of matching highway funds, such contributions shall continue toapply to such municipality regardless of any subsequent change in populationand shall cease to apply only when so specifically provided by an act of theGeneral Assembly. All actions taken prior to July 1, 2001, by municipalitiesmeeting the criteria of the foregoing provisions of this section are herebyconfirmed.

In the case of municipalities of less than 3,500 in population that on June30, 1985, maintained certain streets under 33.1-80 as then in effect, theCommonwealth Transportation Board shall contribute toward the costs ofconstruction or improvement of any highway or street project 100 percent ofthe necessary funds. The contribution authorized by this paragraph shall bein addition to any other contribution, and projects established in referenceto municipalities of less than 3,500 in population shall not in any way beinterpreted to change any other formula or manner for the distribution offunds to such municipalities for construction, improvement or maintenance ofhighways or streets. The Board may accept from a municipality, forright-of-way purposes, contributions of real estate to be credited, at fairmarket value, against the matching obligation of such municipality under theprovisions of this section.

The term "construction or improvement" means the supervising, inspecting,actual building, and all expenses incidental to the construction orreconstruction of a highway, including locating, surveying, design andmapping, costs of rights-of-way, signs, signals and markings, elimination ofhazards of railroad grade crossings and expenses incidental to the relocationof any utility or its facilities owned by a municipality or by a publicutility district or public utility authority.

If any municipality requesting such Commonwealth Transportation Boardcontribution subsequently decides to cancel such construction or improvementafter the Board has initiated the project at the request of the municipality,such municipality shall reimburse the Board the net amount of all fundsexpended by the Board for planning, engineering, right-of-way acquisition,demolition, relocation and construction between the date of initiation by themunicipality and the date of cancellation. The Board shall have the authorityto waive all or any portions of such reimbursement at its discretion.

For purposes of this section, on any construction or improvement project inany city having either a population of at least 130,000 but less than 150,000or a population of at least 170,000 but less than 200,000 and funded inaccordance with subdivision 2 of subsection B of 33.1-23.1, the additionalcost for placing aboveground utilities below ground may be paid from fundsallocated for that project. The maximum cost due to this action shall notexceed five million dollars. Nothing contained herein shall relieve utilityowners of their responsibilities and costs associated with the relocation oftheir facilities when required to accommodate a construction or improvementproject.

(Code 1950, 33-35.5; 1958, c. 584; 1964, c. 256; 1970, cc. 322, 403; 1977,c. 578; 1979, c. 84; 1980, c. 128; 1981, c. 370; 1987, c. 545; 1989, c. 303;1991, c. 353; 2000, c. 762; 2002, c. 673.)