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Enclosure #2 <br /> <br />AN ORDINANCE ESTABLISHING AN UNDERGROUND UTILITY <br />CORRIDOR IN ACCORDANCE WITH THE <br /> VIRGINIA DEPARTMENT OF TRANSPORATION POLICY <br /> <br /> WHEREAS, in accordance with Section 33.1-12 (3) of the Code of Virginia, 1950, as <br />amended, the Commonwealth Transportation Board is authorized to adopt and promulgate rules <br />and regulations regarding the operation and safety of the state highway system; and <br /> <br /> WHEREAS, in accordance with Sections 33.1-44 and 33.1-96 of the Code of Virginia, <br />1950, as amended, and judicial rulings and legal opinions, the Commissioner of the Virginia <br />Department of Transportation shall reimburse utility companies for the non-betterment reloeation <br />of their facilities affected by a transportation project, where the facilities are located on private <br />property, the utility company has a real property interest/right, or by a prior agreement; and <br /> <br /> WHEREAS, the above policy applies to transportation projects which are created and <br />constructed in accordance with Section 33.1-44 of the Code of Virginia, 1950, as amended, <br />which covers the Urban System of Highways; and <br /> <br /> WHEREAS, the City of Martinsville wishes to establish an underground utility corridor <br />covering the Routel 74 Liberty Street/Clearview Drive/Stultz Road intersection project, State <br />Project Number 0174-120-t02, and the extension of Liberty Street from the above-noted project <br />to the City's north corporate limits, State Project Number 0174-120-103, such corridor described <br />as follows: along Liberty Street from approximately the intersection with Dillard Street, north <br />through the Liberty Street, Stultz Road, Clearview Drive intersection to the north corporate <br />limits, along Clearview Drive east from Liberty Street to the intersection of Barrows Mill Road, <br />along Stultz Road west from Liberty Street approximately 225 feet, and along other streets which <br />connect with Liberty Street along the above-noted corridor, for a distance approximately equal to <br />the limits of construction for said project. <br /> <br /> NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Martinsville, <br />Virginia, in regular session assembled on September 5, 2000, that there is hereby established an <br />underground utility corridor in the City of Martinsville as described above, in accordance with <br />the Virginia Department of Transportation Policy on Placing Utility Facilities Underground, that <br />portion comprising the Underground Utility Corridor being shown in more detail on a sketch <br />made by the Martinsville Department of Public Works dated August 31, 2000, and on file in the <br />Engineering Division of that Department. <br /> <br /> AND BE IT FURTHER ORDAINED that in accordance with the aforesaid policy, all <br />new utility facilities in the designated underground utility corridor, whether publicly or privately <br />owned, shall be installed underground. <br /> <br /> <br />