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19740219 r-74-5 RESOLUTION NO. R-74-5 ~ WIIEREAS, Section 33.1-89 of the Code of Virginia, as amended by the 1970 session of the General Assembly, authorizes the State Highway Commissioner to acquire rights of way for the construction, reconstruction, alteration, maintenance and repair of public highways within 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 Commissioner may exercise such authority only upon receipt of official request from the city or town in- volved, now THEREFORE, BE IT RESOLVED, that the~l~Cit¥ Council of Fairfaxj__Vi___rginia, hereby requests the State Highway Com- missioner to acquire the necessary rights of way for Project 0237-151-101, RW-201 within the Corporate Limits of said ~w~/City and to convey the title to such right of way to the ~ewa/City of Fairfax, Virginia upon completion of the project. The q~/City of Fa_ir__fax, Virginia agrees to reimburse the State Itighway Department for fifteen percent (15%) of all costs incurred in the acquisition and conveyance of such rights of way and it is understood that such acquisi- tions will be handled by the Commissioner under established policies and procedures and his decision in all instances shall be final. ATTEST: By~~-- CITY COUNCIL~F~O~~_~__A~_._ViRGiNiA ~/' Mayor __ r~. 19 , 19 74