§ 15.2-2100. Restrictions on selling certain municipal public property andgranting franchises.
A. No rights of a city or town in and to its waterfront, wharf property,public landings, wharves, docks, streets, avenues, parks, bridges, or otherpublic places, or its gas, water, or electric works shall be sold except byan ordinance passed by a recorded affirmative vote of three-fourths of allthe members elected to the council, notwithstanding any contrary provision oflaw, general or special, and under such other restrictions as may be imposedby law. Notwithstanding any contrary provision of law, general or special, incase of a veto by the mayor of such an ordinance, it shall require a recordedaffirmative vote of three-fourths of all the members elected to the councilto override the veto.
B. No franchise, lease or right of any kind to use any such public propertyor any other public property or easement of any description, in a manner notpermitted to the general public, shall be granted for a period longer thanforty years, except for air rights together with easements for columns forsupport, which may be granted for a period not exceeding sixty years.
Before granting any such franchise or privilege for a term in excess of fiveyears, except for a trunk railway, the city or town shall, after dueadvertisement, publicly receive bids therefor, in such manner as is providedby § 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 thetermination of the grant, the plant as well as the property, if any, of thegrantee in the streets, avenues and other public places shall thereupon,without compensation to the grantee, or upon the payment of a fair valuationbecome the property of the city or town; but the grantee shall be entitled tono payment by reason of the value of the franchise. Any such plant orproperty acquired by a city or town may be sold or leased or, if authorizedby general law, maintained, controlled, and operated by such city or town.Every such grant shall specify the mode of determining any valuation thereinprovided for and shall make adequate provisions by way of forfeiture of thegrant, or otherwise, to secure efficiency of public service at reasonablerates and the maintenance of the property in good order throughout the termof the grant.
C. Any additional restriction now required in any existing municipal charterrelating to the powers of cities and towns in selling or granting franchisesor leasing any of their property is hereby superseded; however, nothingherein contained shall be construed as affecting the term of any existingfranchise, lease or right. The requirement of an affirmative three-fourthsvote of council shall apply only to the sale of the listed properties and notto their franchise, lease or use.
D. The provisions of this section shall only apply to cities or towns andshall 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.)
§ 15.2-2100. Restrictions on selling certain municipal public property andgranting franchises.
A. No rights of a city or town in and to its waterfront, wharf property,public landings, wharves, docks, streets, avenues, parks, bridges, or otherpublic places, or its gas, water, or electric works shall be sold except byan ordinance passed by a recorded affirmative vote of three-fourths of allthe members elected to the council, notwithstanding any contrary provision oflaw, general or special, and under such other restrictions as may be imposedby law. Notwithstanding any contrary provision of law, general or special, incase of a veto by the mayor of such an ordinance, it shall require a recordedaffirmative vote of three-fourths of all the members elected to the councilto override the veto.
B. No franchise, lease or right of any kind to use any such public propertyor any other public property or easement of any description, in a manner notpermitted to the general public, shall be granted for a period longer thanforty years, except for air rights together with easements for columns forsupport, which may be granted for a period not exceeding sixty years.
Before granting any such franchise or privilege for a term in excess of fiveyears, except for a trunk railway, the city or town shall, after dueadvertisement, publicly receive bids therefor, in such manner as is providedby § 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 thetermination of the grant, the plant as well as the property, if any, of thegrantee in the streets, avenues and other public places shall thereupon,without compensation to the grantee, or upon the payment of a fair valuationbecome the property of the city or town; but the grantee shall be entitled tono payment by reason of the value of the franchise. Any such plant orproperty acquired by a city or town may be sold or leased or, if authorizedby general law, maintained, controlled, and operated by such city or town.Every such grant shall specify the mode of determining any valuation thereinprovided for and shall make adequate provisions by way of forfeiture of thegrant, or otherwise, to secure efficiency of public service at reasonablerates and the maintenance of the property in good order throughout the termof the grant.
C. Any additional restriction now required in any existing municipal charterrelating to the powers of cities and towns in selling or granting franchisesor leasing any of their property is hereby superseded; however, nothingherein contained shall be construed as affecting the term of any existingfranchise, lease or right. The requirement of an affirmative three-fourthsvote of council shall apply only to the sale of the listed properties and notto their franchise, lease or use.
D. The provisions of this section shall only apply to cities or towns andshall 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.)
§ 15.2-2100. Restrictions on selling certain municipal public property andgranting franchises.
A. No rights of a city or town in and to its waterfront, wharf property,public landings, wharves, docks, streets, avenues, parks, bridges, or otherpublic places, or its gas, water, or electric works shall be sold except byan ordinance passed by a recorded affirmative vote of three-fourths of allthe members elected to the council, notwithstanding any contrary provision oflaw, general or special, and under such other restrictions as may be imposedby law. Notwithstanding any contrary provision of law, general or special, incase of a veto by the mayor of such an ordinance, it shall require a recordedaffirmative vote of three-fourths of all the members elected to the councilto override the veto.
B. No franchise, lease or right of any kind to use any such public propertyor any other public property or easement of any description, in a manner notpermitted to the general public, shall be granted for a period longer thanforty years, except for air rights together with easements for columns forsupport, which may be granted for a period not exceeding sixty years.
Before granting any such franchise or privilege for a term in excess of fiveyears, except for a trunk railway, the city or town shall, after dueadvertisement, publicly receive bids therefor, in such manner as is providedby § 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 thetermination of the grant, the plant as well as the property, if any, of thegrantee in the streets, avenues and other public places shall thereupon,without compensation to the grantee, or upon the payment of a fair valuationbecome the property of the city or town; but the grantee shall be entitled tono payment by reason of the value of the franchise. Any such plant orproperty acquired by a city or town may be sold or leased or, if authorizedby general law, maintained, controlled, and operated by such city or town.Every such grant shall specify the mode of determining any valuation thereinprovided for and shall make adequate provisions by way of forfeiture of thegrant, or otherwise, to secure efficiency of public service at reasonablerates and the maintenance of the property in good order throughout the termof the grant.
C. Any additional restriction now required in any existing municipal charterrelating to the powers of cities and towns in selling or granting franchisesor leasing any of their property is hereby superseded; however, nothingherein contained shall be construed as affecting the term of any existingfranchise, lease or right. The requirement of an affirmative three-fourthsvote of council shall apply only to the sale of the listed properties and notto their franchise, lease or use.
D. The provisions of this section shall only apply to cities or towns andshall 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.)
