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A RES~ON REQUES~G THE STATE HIGHWAY AND TRD~NSPORTATICkX~ COMMISSI(/qER TO AC~J]/IE THE NECESSARY RIGHTS OF .k~tY FOR ,THE CONSTRUCTION OF THE EX- VARD. ~%~EREAS, Secticzn 33.1-89 of the Code of Virginia, as amen~ by the 1970 session of the General Assembly, authorizes that the State Highway and Transportation Cormlissioner to acquire rights of way for the con- struction, reconstruction, alteration, maintenance and repair of public highways within the municipalities on projects which are constructed with state or federal participation; and WHEREAS, Section 33.1-89, as amended, further provides that the State Highway and Transportation Ccn~issioner may exercise its authority only upon receipt of official request frc~ the city involved. NOW, qXqEREFORE, BE IT RESOLVED by f/ne Council of the City of PortsaDuth, that City Council hereby requests the State Highway and Transportation Ccu~Jssioner to acquire the necessary rights of v~y for the extension of those three tx)utev-o~ds frc~ Airline Boulevard to Portsmouth Boulevard within the corporate limits of the City of Portsmouth and to convey the title to such rights of way to the City of Portsmouth and agrees to reimburse the State Highway and Transportation Department for fifteen (15%) percent of all court costs incurred in the acquisition and con- veysnce of such rights of way prior to June 30, 1977, and ten (10%) percent of all costs incurred in the acquisition and conveyance of such rights of way after July ~, 1977; and it is understood that such ac- quisitions will be hendled by the Commissioner under established policies and procadures end his decision in all instances %~ill be final. BE IT FURTHER RESOLVED that the City Clerk is directed to fo~rd a copy of this resolution to the State Highway and Tr~nsportatien Ccm- missioner. Adopted by the Council of the City of Portsmouth, Virginia, at a meeting held April 26~ 1977. City Clerk