§ 33.1-23.3. Allocation of construction funds for urban system highways.
A. Such funds as are allocated to urban highways in (i) all towns that havemore than 3,500 inhabitants according to the last preceding United StatesCensus, (ii) all towns which, according to evidence satisfactory to theCommonwealth Transportation Board, have attained a population of more than3,500 since the last preceding United States census, (iii) all incorporatedtowns which, on June 30, 1985, maintained certain streets under § 33.1-80 asthen in effect, (iv) all cities regardless of their populations, and (v) theTowns of Wise, Lebanon, and Altavista pursuant to subdivision 2 of subsectionB of § 33.1-23.1 shall be apportioned among the cities and towns of thisCommonwealth by the Commonwealth Transportation Board in such a manner thateach city or town to which these funds are allocable receives the sameproportion of total funds available as the population of that city or townbears to the total population of all cities and towns among which such fundsare allocable. For the purposes of this section, the term "population"means either the population according to the latest United States census orthe latest population estimate of the Center for Public Service, whichever ismore recent. Whenever any city or town qualifies under this section forallocation of funds, such qualification shall continue to apply to such cityor town notwithstanding any subsequent changes in population and shall ceaseto apply only upon the subsequent enactment by the General Assembly of ameasure in which the intent is clearly stated. All allocations made prior toJuly 1, 2001, to cities and towns meeting the criteria above are herebyratified, validated, and confirmed.
B. No apportionment hereunder shall be made to any city or town which doesnot have an urban project or projects approved by the CommonwealthTransportation Board and in no case shall the apportionment to any city ortown exceed the total estimated cost of the project or projects for whichfunds are allocated. Such funds shall, as far as possible, be allotted priorto the commencement of the fiscal year and public announcement made of suchallotment. Any apportionment due but not received by any city or town in afiscal year for use under this section shall accrue as a credit to such cityor town and be held for its construction projects for five succeeding fiscalyears. Funds accrued shall be apportioned prior to any other distributionunder this section in the fiscal year requested by the city or town.
A portion of allocations made to any city or town under this section may beused on streets functionally classified as arterial for (i) the purchase ofresidue parcels or land resulting from highway construction or reconstructionprojects where the purchase will result in necessary access control or landuse control directly related to the purpose and need for the project, (ii)improvements to traffic safety, (iii) improvement to traffic flow andtransportation system use, or any combination of (i), (ii), and (iii).Notwithstanding other provisions of this section, not more than two-thirds ofthe annual urban system highway funds apportioned to a city or town underthis section may be used to reimburse the locality for debt service for bondsor eligible project costs incurred on approved projects included in theSix-Year Improvement Program of the Commonwealth Transportation Board and thecity's or town's capital improvement program. Such funds may also be used bythe locality for debt service for bonds issued for, or eligible project costsincurred or to be incurred on, approved projects included, at the time suchbonds are issued or such costs are incurred or are to be incurred, in theSix-Year Improvement Program of the Commonwealth Transportation Board and thecity's or town's capital improvement program. Any such funds so apportionedto and received by such city or town, or any portion thereof, may bedeposited in a special fund that shall be established separate and apart fromany other funds, general or special.
When the city or town presents a resolution requesting that a portion of itsannual urban system apportionment be set aside for reimbursement for, orpayment of, debt service under this section for a specific eligible project,the Commonwealth Transportation Board shall, subject to appropriation andallocation, set aside no more than two-thirds of the anticipated annualapportionment of urban system funding to the city or town for such purpose,provided such funds have not been previously committed by the Board forprojects contained in the Six-Year Improvement Program.
The setting aside and use of funds under this section for reimbursement for,or payment of, debt service shall be subject to such terms and conditions asmay be prescribed by the Commonwealth Transportation Commissioner.
The provisions of this section shall not constitute a debt or obligation ofthe Commonwealth Transportation Board or the Commonwealth of Virginia.
C. The governing body of any city or town may, with the consent of theCommonwealth Transportation Board, expend urban system highway constructionfunds allocated annually to the city or town by the CommonwealthTransportation Board for the design, land acquisition, and construction oftransportation projects that have been included in the CommonwealthTransportation Board's Six-Year Improvement Program and for the resurfacing,restoration, rehabilitation, reconstruction, and improvement of streetswithin the city or town for which the city receives maintenance paymentsunder § 33.1-41.1.
D. At the election of each city or town, payment of the funds may be made inequal amounts, one in each quarter of the fiscal year, and shall be reduced,in the case of each city and town, by the amount of federal-aid constructionfunds credited to each city or town and the amount of funds forecasted to beexpended by the Department of Transportation or the Department of Rail andPublic Transportation for any project or projects on behalf of the city ortown. Those cities or towns who decide to take over the responsibility fortheir construction program shall notify the Commonwealth Transportation Boardby July 1 for implementation the following year.
(1977, c. 578; 1985, c. 42; 1987, cc. 523, 536, 545; 1989, c. 303; 1997, c.494; 2001, c. 590; 2002, cc. 575, 598, 673; 2003, cc. 288, 870; 2009, cc. 52,693.)
§ 33.1-23.3. Allocation of construction funds for urban system highways.
A. Such funds as are allocated to urban highways in (i) all towns that havemore than 3,500 inhabitants according to the last preceding United StatesCensus, (ii) all towns which, according to evidence satisfactory to theCommonwealth Transportation Board, have attained a population of more than3,500 since the last preceding United States census, (iii) all incorporatedtowns which, on June 30, 1985, maintained certain streets under § 33.1-80 asthen in effect, (iv) all cities regardless of their populations, and (v) theTowns of Wise, Lebanon, and Altavista pursuant to subdivision 2 of subsectionB of § 33.1-23.1 shall be apportioned among the cities and towns of thisCommonwealth by the Commonwealth Transportation Board in such a manner thateach city or town to which these funds are allocable receives the sameproportion of total funds available as the population of that city or townbears to the total population of all cities and towns among which such fundsare allocable. For the purposes of this section, the term "population"means either the population according to the latest United States census orthe latest population estimate of the Center for Public Service, whichever ismore recent. Whenever any city or town qualifies under this section forallocation of funds, such qualification shall continue to apply to such cityor town notwithstanding any subsequent changes in population and shall ceaseto apply only upon the subsequent enactment by the General Assembly of ameasure in which the intent is clearly stated. All allocations made prior toJuly 1, 2001, to cities and towns meeting the criteria above are herebyratified, validated, and confirmed.
B. No apportionment hereunder shall be made to any city or town which doesnot have an urban project or projects approved by the CommonwealthTransportation Board and in no case shall the apportionment to any city ortown exceed the total estimated cost of the project or projects for whichfunds are allocated. Such funds shall, as far as possible, be allotted priorto the commencement of the fiscal year and public announcement made of suchallotment. Any apportionment due but not received by any city or town in afiscal year for use under this section shall accrue as a credit to such cityor town and be held for its construction projects for five succeeding fiscalyears. Funds accrued shall be apportioned prior to any other distributionunder this section in the fiscal year requested by the city or town.
A portion of allocations made to any city or town under this section may beused on streets functionally classified as arterial for (i) the purchase ofresidue parcels or land resulting from highway construction or reconstructionprojects where the purchase will result in necessary access control or landuse control directly related to the purpose and need for the project, (ii)improvements to traffic safety, (iii) improvement to traffic flow andtransportation system use, or any combination of (i), (ii), and (iii).Notwithstanding other provisions of this section, not more than two-thirds ofthe annual urban system highway funds apportioned to a city or town underthis section may be used to reimburse the locality for debt service for bondsor eligible project costs incurred on approved projects included in theSix-Year Improvement Program of the Commonwealth Transportation Board and thecity's or town's capital improvement program. Such funds may also be used bythe locality for debt service for bonds issued for, or eligible project costsincurred or to be incurred on, approved projects included, at the time suchbonds are issued or such costs are incurred or are to be incurred, in theSix-Year Improvement Program of the Commonwealth Transportation Board and thecity's or town's capital improvement program. Any such funds so apportionedto and received by such city or town, or any portion thereof, may bedeposited in a special fund that shall be established separate and apart fromany other funds, general or special.
When the city or town presents a resolution requesting that a portion of itsannual urban system apportionment be set aside for reimbursement for, orpayment of, debt service under this section for a specific eligible project,the Commonwealth Transportation Board shall, subject to appropriation andallocation, set aside no more than two-thirds of the anticipated annualapportionment of urban system funding to the city or town for such purpose,provided such funds have not been previously committed by the Board forprojects contained in the Six-Year Improvement Program.
The setting aside and use of funds under this section for reimbursement for,or payment of, debt service shall be subject to such terms and conditions asmay be prescribed by the Commonwealth Transportation Commissioner.
The provisions of this section shall not constitute a debt or obligation ofthe Commonwealth Transportation Board or the Commonwealth of Virginia.
C. The governing body of any city or town may, with the consent of theCommonwealth Transportation Board, expend urban system highway constructionfunds allocated annually to the city or town by the CommonwealthTransportation Board for the design, land acquisition, and construction oftransportation projects that have been included in the CommonwealthTransportation Board's Six-Year Improvement Program and for the resurfacing,restoration, rehabilitation, reconstruction, and improvement of streetswithin the city or town for which the city receives maintenance paymentsunder § 33.1-41.1.
D. At the election of each city or town, payment of the funds may be made inequal amounts, one in each quarter of the fiscal year, and shall be reduced,in the case of each city and town, by the amount of federal-aid constructionfunds credited to each city or town and the amount of funds forecasted to beexpended by the Department of Transportation or the Department of Rail andPublic Transportation for any project or projects on behalf of the city ortown. Those cities or towns who decide to take over the responsibility fortheir construction program shall notify the Commonwealth Transportation Boardby July 1 for implementation the following year.
(1977, c. 578; 1985, c. 42; 1987, cc. 523, 536, 545; 1989, c. 303; 1997, c.494; 2001, c. 590; 2002, cc. 575, 598, 673; 2003, cc. 288, 870; 2009, cc. 52,693.)
§ 33.1-23.3. Allocation of construction funds for urban system highways.
A. Such funds as are allocated to urban highways in (i) all towns that havemore than 3,500 inhabitants according to the last preceding United StatesCensus, (ii) all towns which, according to evidence satisfactory to theCommonwealth Transportation Board, have attained a population of more than3,500 since the last preceding United States census, (iii) all incorporatedtowns which, on June 30, 1985, maintained certain streets under § 33.1-80 asthen in effect, (iv) all cities regardless of their populations, and (v) theTowns of Wise, Lebanon, and Altavista pursuant to subdivision 2 of subsectionB of § 33.1-23.1 shall be apportioned among the cities and towns of thisCommonwealth by the Commonwealth Transportation Board in such a manner thateach city or town to which these funds are allocable receives the sameproportion of total funds available as the population of that city or townbears to the total population of all cities and towns among which such fundsare allocable. For the purposes of this section, the term "population"means either the population according to the latest United States census orthe latest population estimate of the Center for Public Service, whichever ismore recent. Whenever any city or town qualifies under this section forallocation of funds, such qualification shall continue to apply to such cityor town notwithstanding any subsequent changes in population and shall ceaseto apply only upon the subsequent enactment by the General Assembly of ameasure in which the intent is clearly stated. All allocations made prior toJuly 1, 2001, to cities and towns meeting the criteria above are herebyratified, validated, and confirmed.
B. No apportionment hereunder shall be made to any city or town which doesnot have an urban project or projects approved by the CommonwealthTransportation Board and in no case shall the apportionment to any city ortown exceed the total estimated cost of the project or projects for whichfunds are allocated. Such funds shall, as far as possible, be allotted priorto the commencement of the fiscal year and public announcement made of suchallotment. Any apportionment due but not received by any city or town in afiscal year for use under this section shall accrue as a credit to such cityor town and be held for its construction projects for five succeeding fiscalyears. Funds accrued shall be apportioned prior to any other distributionunder this section in the fiscal year requested by the city or town.
A portion of allocations made to any city or town under this section may beused on streets functionally classified as arterial for (i) the purchase ofresidue parcels or land resulting from highway construction or reconstructionprojects where the purchase will result in necessary access control or landuse control directly related to the purpose and need for the project, (ii)improvements to traffic safety, (iii) improvement to traffic flow andtransportation system use, or any combination of (i), (ii), and (iii).Notwithstanding other provisions of this section, not more than two-thirds ofthe annual urban system highway funds apportioned to a city or town underthis section may be used to reimburse the locality for debt service for bondsor eligible project costs incurred on approved projects included in theSix-Year Improvement Program of the Commonwealth Transportation Board and thecity's or town's capital improvement program. Such funds may also be used bythe locality for debt service for bonds issued for, or eligible project costsincurred or to be incurred on, approved projects included, at the time suchbonds are issued or such costs are incurred or are to be incurred, in theSix-Year Improvement Program of the Commonwealth Transportation Board and thecity's or town's capital improvement program. Any such funds so apportionedto and received by such city or town, or any portion thereof, may bedeposited in a special fund that shall be established separate and apart fromany other funds, general or special.
When the city or town presents a resolution requesting that a portion of itsannual urban system apportionment be set aside for reimbursement for, orpayment of, debt service under this section for a specific eligible project,the Commonwealth Transportation Board shall, subject to appropriation andallocation, set aside no more than two-thirds of the anticipated annualapportionment of urban system funding to the city or town for such purpose,provided such funds have not been previously committed by the Board forprojects contained in the Six-Year Improvement Program.
The setting aside and use of funds under this section for reimbursement for,or payment of, debt service shall be subject to such terms and conditions asmay be prescribed by the Commonwealth Transportation Commissioner.
The provisions of this section shall not constitute a debt or obligation ofthe Commonwealth Transportation Board or the Commonwealth of Virginia.
C. The governing body of any city or town may, with the consent of theCommonwealth Transportation Board, expend urban system highway constructionfunds allocated annually to the city or town by the CommonwealthTransportation Board for the design, land acquisition, and construction oftransportation projects that have been included in the CommonwealthTransportation Board's Six-Year Improvement Program and for the resurfacing,restoration, rehabilitation, reconstruction, and improvement of streetswithin the city or town for which the city receives maintenance paymentsunder § 33.1-41.1.
D. At the election of each city or town, payment of the funds may be made inequal amounts, one in each quarter of the fiscal year, and shall be reduced,in the case of each city and town, by the amount of federal-aid constructionfunds credited to each city or town and the amount of funds forecasted to beexpended by the Department of Transportation or the Department of Rail andPublic Transportation for any project or projects on behalf of the city ortown. Those cities or towns who decide to take over the responsibility fortheir construction program shall notify the Commonwealth Transportation Boardby July 1 for implementation the following year.
(1977, c. 578; 1985, c. 42; 1987, cc. 523, 536, 545; 1989, c. 303; 1997, c.494; 2001, c. 590; 2002, cc. 575, 598, 673; 2003, cc. 288, 870; 2009, cc. 52,693.)
