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0 AN ORDINANCE ESTABLISHING AN UNDERGROUND UTILITY CORRIDOR FROM 9TH STREET TO 10TH STREET IN ACCORDANCE WITH THE VIRGINIA DEPARTMENT OF TRANSPORTATION POLICY ON PLACING UTILITY FACILITIES UNDERGROUND. WHEREAS, in accordance with §33.1-12(3) of the Code of Virginia, as amended, the Commonwealth Transportation Board is authorized to adopt and promulgate rules and regulations regarding the operation and safety of the state highway system; and WHEREAS, in accordance with §33.1-44 and §33.1-96 of the Code of Virginia, as amended, and judicial rulings and legal opinions, the Commissioner of the Virginia Department of Transportation shall reimburse utility companies for the non -betterment relocation of their facilities affected by a transportation project, where the facilities are located on private property, the utility company has a real property interest/right, or by a prior agreement; and WHEREAS, the above policy applies to transportation projects which are created and constructed in accordance with §33.1-44 of the Code of Virginia, as amended, which covers the Urban System of Highways; and • WHEREAS, the City of Charlottesville wishes to establish an underground utility corridor covering part of the 9,h - 10th Street Connector Project, State Project Number U000 -104- V08, PE -101, C-501, B-605, B-606, RW -201, such corridor described as follows: from the intersection of 9th Street and Cherry Avenue north to 0.07 mile north of Main Street on 10th Street, including Lane Road extended from 11th Street and Lee Street to the 9th -10th Street Connector, in accordance with the Virginia Department of Transportation Policy on Placing Utility Facilities Underground; now, therefore, BE IT ORDAINED by the Council of the City of Charlottesville: Section 1. That there is hereby established an underground utility corridor in the City of Charlottesville from the intersection of 9th Street and Cherry Avenue north along the 9th -10th Street Connector to 0.07 mile north of Main Street on 10th Street, including Lane Road extended from 11th Street and Lee Street to the 9th -10th Street Connector, in accordance with the Virginia Department of Transportation Policy on Placing Utility Facilities Underground. The foregoing project, and that portion comprising the Underground Utility Corridor, are shown in more detail on a sketch made by the Charlottesville Department of Public Works dated November 15, 1995, and on file in the Engineering Division of that department. Section 2. That in accordance with the aforesaid policy, all new utility facilities in the designated underground utility corridor, whether publicly or privately owned, shall be installed • underground.