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' ' 230 <br /> TUESDAY, September 26, 2000 <br /> <br />motion duly seconded, with all members voting: Vote 4-0; Yeas (4)- Crabtree, Teague, Dallas, and Roop; <br /> <br />Nays (0)- None; Absent (1) - Ferrill, Ordinance 2000-6 as included in the Minutes. <br /> <br /> WHEREAS, in accordance with S ecti on 33.1 - 12 (3) o f the C ode o f Virgini a, 1950, as amended, the <br />Commonwealth Transportation Board is authorized to adopt and promulgate rules and regulations regarding <br />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, 1950, as <br />amended, and judicial rulings and legal opinions, the Commissioner of the Virginia Department of <br />Transportation shall reimburse utility companies for the non-betterment relocation of their facilities affected <br />by a transportation project, where the facilities are located on private property, the utility company has a real <br />property interest/fight, or by a prior agreement; and <br /> <br /> WHEREAS, the above policy applies to transportation projects which are created and constructed in <br />accordance with Section 33.1-44 of the Code of Virginia, 1950, as amended, which covers the Urban System <br />of Highways; and <br /> <br /> WHEREAS, the City of Martinsville wishes to establish an undergrotmd utility corridor covering the <br />Routel 74 Liberty Street/Clearview Drive/Stultz Road intersection project, State Project Number 0174-120- <br />102, and the extension of Liberty Street from the above-noted project to the City's north corporate limits, <br />State Project Number 0174-120-103, such corridor described as follows: along Liberty Street from <br />approximately the intersection with Dillard Street, north through the Liberty Street, Stultz Road, Clearview <br />Drive intersection to the north corporate limits, along Clearview Drive east from Liberty Street to the <br />intersection of Barrows Mill Road, along Stultz Road west from Liberty Street approximately 225 feet, and <br />along other streets which connect with Liberty Street along the above-noted corridor, for a distance <br />approximately equal to the limits of construction for said project. <br /> <br /> NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Martinsville, Virginia, in <br />regular session assembled on September 26, 2000, that there is hereby established an underground utility <br />corridor in the City of Martinsville as described above, in accordance with the Virginia Department of <br />Transportation Policy on Placing Utility Facilities Underground, that portion comprising the Underground <br />Utility Corridor being shown in more detail on a sketch made by the Martinsville Department of Public <br />Works dated August 31, 2000, and on file in the Engineering Division of that Department. <br /> <br /> AND BE IT FURTHER ORDAINED that in accordance with the aforesaid policy, all new utility <br />facilities in the designated underground utility corridor, whether publicly or privately owned, shall be <br />installed underground. <br /> <br /> AND BE IT FURTHER ORDAINED that all requirements set forth in the Virginia Department of <br />Transportation Policy on Placing Utility Facilities Underground shall be strictly adhered to, including the <br />establishment of criteria where modification to existing overhead facilities will necessitate placing the <br />replacement utility facilities underground. <br /> <br />Council considered adoption, on an emergency basis, of an Ordinance setting a Public Hearing for October <br />10, 2000, on the issuance of up to $3,100,000 principal amount of a Solid Waste Revenue Bond of the City <br /> <br /> <br />