                                 CODE OF VIRGINIA

RESTRICTIONS ON SELLING CERTAIN MUNICIPAL PUBLIC PROPERTY AND GRANTING
FRANCHISES (§ 15.2-2100)

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
&#xA7; 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.

HISTORY: Code 1950, § 15-727; 1962, c. 623, § 15.1-307; 1971, Ex. Sess., c.
64; 1997, c. 587; 2001, c. 498.