A. No rights of a city or town in and to its waterfront, wharf property, public landings, wharves, docks, streets, avenues, parks, bridges, or other public places, or its gas, water, or electric works shall be sold except by an ordinance passed by a recorded affirmative vote of three-fourths of all the members elected to the council, notwithstanding any contrary provision of law, general or special, and under such other restrictions as may be imposed by law. Notwithstanding any contrary provision of law, general or special, in case of a veto by the mayor of such an ordinance, it shall require a recorded affirmative vote of three-fourths of all the members elected to the council to override the veto.
B. No franchise, lease or right of any kind to use any such public property or any other public property or easement of any description, in a manner not permitted to the general public, shall be granted for a period longer than forty years, except for air rights together with easements for columns for support, which may be granted for a period not exceeding sixty years.
Before granting any such franchise or privilege for a term in excess of five years, except for a trunk railway, the city or town shall, after due advertisement, publicly receive bids therefor, in such manner as is provided by § 15.2-2102, and shall then act as may be required by law.
Such grant, and any contract in pursuance thereof, may provide that, upon the termination of the grant, the plant as well as the property, if any, of the grantee in the streets, avenues and other public places shall thereupon, without compensation to the grantee, or upon the payment of a fair valuation become the property of the city or town; but the grantee shall be entitled to no payment by reason of the value of the franchise. Any such plant or property acquired by a city or town may be sold or leased or, if authorized by general law, maintained, controlled, and operated by such city or town. Every such grant shall specify the mode of determining any valuation therein provided for and shall make adequate provisions by way of forfeiture of the grant, or otherwise, to secure efficiency of public service at reasonable rates and the maintenance of the property in good order throughout the term of the grant.
C. Any additional restriction now required in any existing municipal charter relating to the powers of cities and towns in selling or granting franchises or leasing any of their property is hereby superseded; however, nothing herein contained shall be construed as affecting the term of any existing franchise, lease or right. The requirement of an affirmative three-fourths vote of council shall apply only to the sale of the listed properties and not to their franchise, lease or use.
D. The provisions of this section shall only apply to cities or towns and shall not apply to counties or other political subdivisions.
Code 1950, § 15-727; 1962, c. 623, § 15.1-307; 1971, Ex. Sess., c. 64; 1997, c. 587; 2001, c. 498.
Structure Code of Virginia
Title 15.2 - Counties, Cities and Towns
Chapter 21 - Franchises; Sale and Lease of Certain Municipal Public Property; Public Utilities
§ 15.2-2100. Restrictions on selling certain municipal public property and granting franchises
§ 15.2-2101. Ordinance proposing grant of franchise, etc., to be advertised
§ 15.2-2102. How bids received and to whom franchise awarded
§ 15.2-2103. Award when no satisfactory bid received
§ 15.2-2103.1. Solar services agreements; nondisclosure of proprietary information
§ 15.2-2104. Bond of person awarded franchise, etc.
§ 15.2-2105. How amendments made to franchise, etc.; notice required
§ 15.2-2105.1. Granting franchises for operation of a vehicular ferry transportation system
§ 15.2-2106. Powers of court to enforce obedience by mandamus, etc.
§ 15.2-2107. Persons occupying or using streets, etc., contrary to law
§ 15.2-2108.1. Regulation of open video systems
§ 15.2-2108.1:1. Franchise fees and public rights-of-way fees on cable operators
§ 15.2-2108.3. Scope of article
§ 15.2-2108.4. Limitations on providing cable television services
§ 15.2-2108.5. Preliminary public hearing; feasibility consultant
§ 15.2-2108.6. Feasibility study on providing cable television services
§ 15.2-2108.7. Public hearings on feasibility study; notice
§ 15.2-2108.9. Enterprise funds for cable television services
§ 15.2-2108.10. Bonding authority
§ 15.2-2108.11. General operating limitations
§ 15.2-2108.12. Eminent domain
§ 15.2-2108.13. Quality of service standards
§ 15.2-2108.15. Consumer complaints
§ 15.2-2108.17. Antitrust immunity
§ 15.2-2108.20. Authority to grant negotiated cable franchises and regulate cable systems
§ 15.2-2108.21. Ordinance cable franchises
§ 15.2-2108.22. Regulation of fees, rates and services; penalties
§ 15.2-2108.23. Regulation of rights-of-way; fees
§ 15.2-2108.31. Article construed
§ 15.2-2108.32. Application of article to certain localities
§ 15.2-2109.1. Prescriptive easements for provision of water and sewer services
§ 15.2-2109.2. Mutual aid agreements for power and natural gas
§ 15.2-2109.3. Provision of natural gas distribution service within counties
§ 15.2-2110. Mandatory connection to water and sewage systems in certain counties
§ 15.2-2111. Regulation of sewage disposal or water service
§ 15.2-2112. Agreements by political subdivisions for sewage or water service
§ 15.2-2113. Connections of fire suppression systems
§ 15.2-2114. Regulation of stormwater
§ 15.2-2114.01. Local Stormwater Management Fund; grant moneys
§ 15.2-2114.1. Car-washing fundraiser
§ 15.2-2115. Purchase of gas, electric and water plants operating in contiguous territory
§ 15.2-2117. Contracts with sewerage or water purification company, etc.
§ 15.2-2118. Lien for water and sewer charges and taxes imposed by localities
§ 15.2-2118.1. Lien for gas utilities charges and taxes imposed by localities
§ 15.2-2119. Fees and charges for water and sewer services provided to a property owner
§ 15.2-2119.1. Credit for excessive water and sewer charges
§ 15.2-2119.2. Discounted fees and charges for certain low-income, elderly, or disabled customers
§ 15.2-2119.3. Sustainable infrastructure financial assistance
§ 15.2-2120. Enforcement of liens for water or sewer charges
§ 15.2-2122. Localities authorized to establish, etc., sewage disposal system; incidental powers
§ 15.2-2123. Sewage treatment plants to include certain capability
§ 15.2-2124. Contracts between localities as to sewers, pumping stations, etc., to prevent pollution
§ 15.2-2125. Board, etc., for supervision of such works
§ 15.2-2126. Notice to governing body required prior to construction
§ 15.2-2127. Disapproval of system by governing body; failure to disapprove within seventy days
§ 15.2-2129. Contents of notice to governing body; further information
§ 15.2-2130. Extensions to systems
§ 15.2-2131. Article not applicable to hotel corporations
§ 15.2-2132. Noncompliance with article; separate offense
§ 15.2-2133. Penalty; enjoining violation
§ 15.2-2137. Special court; hearing and decision
§ 15.2-2138. Dispute between jurisdictions; additional parties
§ 15.2-2139. Special court; costs
§ 15.2-2140. Dispute between jurisdictions; appeals
§ 15.2-2143. Water supplies and facilities
§ 15.2-2144. Inspection of water supplies
§ 15.2-2145. Sale of water and use of streets by one city in another
§ 15.2-2146. Powers of localities to acquire certain waterworks system
§ 15.2-2147. City acquiring plant within one mile of another city
§ 15.2-2148. Contracts for water supply
§ 15.2-2149. Notice to county and State Board of Health required prior to construction
§ 15.2-2150. When approval of State Board of Health not required
§ 15.2-2152. Contents of notice to governing body; further information
§ 15.2-2153. Extensions to systems
§ 15.2-2154. Article not applicable to hotel corporations
§ 15.2-2155. Noncompliance with article; separate offenses
§ 15.2-2156. Penalty; enjoining violation
§ 15.2-2157. Onsite sewage systems when sewers not available; civil penalties
§ 15.2-2157.1. Permit for onsite sewage disposal system installation in certain counties
§ 15.2-2158. Fee for street lighting