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
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 ...
15.2-2101 Ordinance proposing grant of franchise, etc., to be advertised
A. Before granting any franchise, privilege, lease or right of any kind to use any public property described in § 15.2-2100 or easement of any ...
15.2-2102 How bids received and to whom franchise awarded
The presiding officer shall read aloud, or cause to be read aloud, a brief summary of each of the bids that have been received, for ...
15.2-2103 Award when no satisfactory bid received
If, after such advertisements, no bid, or no satisfactory bid, is made, the council may advertise for further bids, and in case no bid at ...
15.2-2104 Bond of person awarded franchise, etc
The person to whom a franchise, right, lease or privilege is awarded, whether by competing bids or otherwise, shall first execute a bond, with good ...
15.2-2105 How amendments made to franchise, etc.; notice required
No amendment or extension of any franchise, right, lease or privilege that now exists, or that may hereafter be authorized, which extends or enlarges the ...
15.2-2105.1 Granting franchises for operation of a vehicular ferry transportation system
The authority granted by this article for the granting of franchises by localities shall include the authority to grant an exclusive franchise for the operation ...
15.2-2106 Powers of court to enforce obedience by mandamus, etc
The circuit courts for the cities and for the counties in which towns may be situated shall have jurisdiction by mandamus, according to the provisions ...
15.2-2107 Persons occupying or using streets, etc., contrary to law
Any person occupying or using any of the streets, avenues, parks, bridges or any other public places or public property or any public easement of ...
15.2-2108 Description unavailable
Repealed by Acts 2006, cc. 73 and 76, cl. 2, effective July 1, 2006. ...
15.2-2108.1 Regulation of open video systems
A locality may regulate any open video system authorized pursuant to 47 U.S.C. § 573 to the maximum extent permitted by federal law, including without ...
15.2-2108.1:1 Franchise fees and public rights-of-way fees on cable operators
A. As used in this section: "Cable operator" means any person or group of persons that (i) provides cable service over a cable system and ...
15.2-2108.2 Definitions
As used in this article: "Advanced service" means high-speed Internet access capability in excess of 144 kilobits per second both upstream and downstream. "Cable television ...
15.2-2108.3 Scope of article
A. Nothing in this article shall authorize any county or other political subdivision of the Commonwealth to (i) provide a cable television service; or (ii) ...
15.2-2108.4 Limitations on providing cable television services
A. Except as provided in this article, a municipality shall not (i) provide a cable television service; or (ii) purchase, lease, construct, maintain, or operate ...
15.2-2108.5 Preliminary public hearing; feasibility consultant
A. Before a municipality may engage or offer to engage in an activity described in subsection A of § 15.2-2108.4, the governing body of the ...
15.2-2108.6 Feasibility study on providing cable television services
A. Upon the hiring of a feasibility consultant under § 15.2-2108.5, the governing body of the municipality shall require the feasibility consultant to: 1. Complete ...
15.2-2108.7 Public hearings on feasibility study; notice
A. If the results of the feasibility study satisfy the revenue requirements of subsection D of § 15.2-2108.6, the governing body shall, at the next ...
15.2-2108.8 Referendum
A. Before a municipality may offer cable television service, the governing body of the municipality shall by a majority vote call an election on whether ...
15.2-2108.9 Enterprise funds for cable television services
A. A municipality that provides a cable television service under this article shall: 1. Establish an enterprise fund to account for the municipality's operations of ...
15.2-2108.10 Bonding authority
A. The governing body of a municipality may by resolution determine to issue one or more bonds to finance the capital costs for facilities necessary ...
15.2-2108.11 General operating limitations
A. A municipality that provides a cable television service shall comply with all terms and provisions of the Cable Communications Policy Act of 1984 (47 ...
15.2-2108.12 Eminent domain
A. No municipality shall exercise its power of eminent domain to condemn any plant or equipment of a private provider for the purpose of providing ...
15.2-2108.13 Quality of service standards
A municipality that provides a cable television service shall adopt an ordinance governing the quality of service the municipality shall provide to its subscribers, which ...
15.2-2108.14 Civil action
A private provider may file an action against a municipality in the circuit court having jurisdiction over the municipality for equitable relief, including a restraining ...
15.2-2108.15 Consumer complaints
A municipality that provides cable television service shall enact an ordinance establishing a procedure for the filing and resolution of complaints relating to the municipality's ...
15.2-2108.16 Annual report
A municipality that provides cable television service shall provide to a private provider the same information required to be filed with the municipality by that ...
15.2-2108.17 Antitrust immunity
A municipality that provides a cable television service is subject to applicable antitrust liabilities and immunities from liabilities under the federal Local Government Antitrust Act ...
15.2-2108.18 Disclosure of certain information
A municipality's public records that contain confidential proprietary information or trade secrets pertaining to the municipality's provision of cable television service shall be exempt from ...
15.2-2108.19 Definitions
As used in this article: "Act" means the Communications Act of 1934. "Affiliate," in relation to any person, means another person who owns or controls, ...
15.2-2108.20 Authority to grant negotiated cable franchises and regulate cable systems
A. A locality may grant a negotiated cable franchise in accordance with Title VI of the Communications Act of 1934, as amended, 47 U.S.C. § ...
15.2-2108.21 Ordinance cable franchises
A. This section shall govern the procedures by which a locality may grant ordinance cable franchises. B. An ordinance cable franchise, which shall have a ...
15.2-2108.22 Regulation of fees, rates and services; penalties.
Upon receiving a notice requesting an ordinance cable franchise pursuant to § 15.2-2108.21, a locality shall adopt or maintain one or more ordinances that govern ...
15.2-2108.23 Regulation of rights-of-way; fees
A. To the extent that a franchised cable operator has been authorized to use the public rights-of-way in a locality and is obligated to pay ...
15.2-2108.24 Regulation of facility construction or rights-of-way management requirements for certain cable oper...
A locality shall not impose through a franchise to provide cable service, whether by negotiation or by ordinance, any facility construction or rights-of-way management requirements ...
15.2-2108.25 Itemization
A cable operator providing cable service may identify as a separate line item on each regular bill of each subscriber (i) the amount of the ...
15.2-2108.26 Reciprocity
Upon the request by an existing cable operator in the locality, a locality that has negotiated and granted a cable franchise to a new cable ...
15.2-2108.27 Modification
No locality, without the consent of the franchisee, shall accelerate the term of, require the renegotiation of, or otherwise modify in any way, an agreement ...
15.2-2108.28 Transfer.
No transfer of any franchise granted under this article shall occur without the prior consent of the locality, provided that such locality shall not unreasonably ...
15.2-2108.29 Surrender
Notwithstanding the provisions of this article, a new cable franchisee that considers, within three years after the grant of a cable franchise under this article, ...
15.2-2108.30 Renewal.
A cable operator electing to renew its cable franchise shall do so (i) pursuant to the renewal procedures in 47 U.S.C. § 546 or (ii) ...
15.2-2108.31 Article construed.
The fact that any person obtains a negotiated franchise or ordinance cable franchise to provide cable services under this article shall not create any presumption ...
15.2-2108.32 Application of article to certain localities
In any locality in which the governing body of the locality has granted one or more new cable franchises during the 12-month period prior to ...
15.2-2109 Powers of localities as to public utilities and computer services; prevention of pollution of certa...
A. Any locality may (i) acquire or otherwise obtain control of or (ii) establish, maintain, operate, extend and enlarge: waterworks, sewerage, gas works (natural or ...
15.2-2109.1 Prescriptive easements for provision of water and sewer services
In an action to establish a prescriptive easement involving the provision of water and sewer services, a political subdivision shall demonstrate that the use has ...
15.2-2109.2 Mutual aid agreements for power and natural gas
Localities may enter into mutual aid agreements with investor-owned public utilities, electric cooperatives and interstate natural gas companies in order to prepare for, prevent, and ...
15.2-2110 Mandatory connection to water and sewage systems in certain counties
A. Amelia, Botetourt, Campbell, Cumberland, Franklin, Halifax, and Nelson Counties may require connection to their water and sewage systems by owners of property that may ...
15.2-2111 Regulation of sewage disposal or water service
Any locality may exercise its powers to regulate sewage collection, treatment or disposal service and water service notwithstanding any anticompetitive effect. Such regulation may include ...
15.2-2112 Agreements by political subdivisions for sewage or water service
Any two or more localities, authorities, sanitary districts or other public entities may enter into agreements or contracts that create one or more exclusive service ...
15.2-2113 Connections of fire suppression systems
Any locality, by ordinance, may require local water utilities to allow connections of fire suppression systems to the water supply. Such ordinances may prohibit any ...
15.2-2114 Regulation of stormwater
A. Any locality, by ordinance, may adopt a stormwater control program consistent with Article 1.1 (§ 10.1-603.1 et seq.) of Chapter 6 of Title 10.1, ...
15.2-2115 Purchase of gas, electric and water plants operating in contiguous territory
Whenever a locality leases or purchases any gas, electric or water plant operating within territory contiguous to the locality, the locality so leasing or purchasing ...
15.2-2116 Acquisition by county or city of water supply system or sewage system from sanitary distric...
Any county or city may acquire any water supply or sewage systems or water supply and sewage system, from any sanitary district in any such ...
15.2-2117 Contracts with sewerage or water purification company, etc
Any locality may contract with any sewerage or water purification company to introduce, build, maintain and operate a system of sewerage and water purification or ...
15.2-2118 Lien for water and sewer charges and taxes imposed by localities
The governing body of any county adjoining a city lying wholly within the Commonwealth and which has a population of more than 75,000 according to ...
15.2-2118.1 Lien for gas utilities charges and taxes imposed by localities
The governing body of any locality with a municipally-owned gas utility may by ordinance provide that taxes or charges hereafter made, imposed or incurred for ...
15.2-2119 Fees and charges for sewer services
For sewer service provided by localities, fees and charges may be charged to and collected from: (i) any person contracting for the same; (ii) the ...
15.2-2119.1 Credit for excessive water or sewer charges
A locality may provide a partial credit for excessive water and sewer charges where high water usage is caused by damaged pipes, leaks, accidents or ...
15.2-2120 Enforcement of liens for water or sewer charges
A. Any lien for water and sewer charges when properly docketed in the clerk's office may be enforced in the same manner as taxes due ...
15.2-2121 Regulations as to water, sewer and other facilities in subdivisions and development plans
Any locality which has adopted regulations under Chapter 22 (§ 15.2-2200 et seq.) governing the use and development of land may also adopt regulations, subject ...
15.2-2122 Localities authorized to establish, etc., sewage disposal system; incidental powers
For the purpose of providing relief from pollution, and for the improvement of conditions affecting the public health, and in addition to other powers conferred ...
15.2-2123 Sewage treatment plants to include certain capability
Whenever the governing body of a locality or a combination of governing bodies of two or more localities is using the authority of this chapter ...
15.2-2124 Contracts between localities as to sewers, pumping stations, etc., to prevent pollution
Any two or more localities may enter into contracts for the acquisition, construction, maintenance and operation of sewers, pumping stations, ventilation stations, treatment plants or ...
15.2-2125 Board, etc., for supervision of such works
Localities contracting with each other pursuant to § 15.2-2124 may also provide in the contract (i) for a board, commission or other body as deemed ...
15.2-2126 Notice to governing body required prior to construction
Any person, including municipal corporations, that proposes to establish a sewage system consisting of pipelines or conduits, pumping stations, force mains or sewerage treatment plants, ...
15.2-2127 Disapproval of system by governing body; failure to disapprove within seventy days
The governing body of any county notified of the proposed establishment of a sewage system or of the extension of any existing sewage system under ...
15.2-2128 Denial of application for sewage system by governing body of county or town which has adopted maste...
Notwithstanding any other provision of general law relating to the approval of sewage systems, the governing body of any county or town which has adopted ...
15.2-2129 Contents of notice to governing body; further information
The applicant shall state in the notice to the governing body required by § 15.2-2126 the number and nature of the connections to which service ...
15.2-2130 Extensions to systems
No person, including municipal corporations, which has constructed or installed a sewage system after having complied with the provisions of this article, shall extend the ...
15.2-2131 Article not applicable to hotel corporations
No provision of this article shall apply to a corporation whose principal business is the operation of a hotel and which may extend the use ...
15.2-2132 Noncompliance with article; separate offense
Any person who fails or refuses to notify the governing body of the county in which any such sewage system is to be constructed or ...
15.2-2133 Penalty; enjoining violation
Any person violating any provision of this article shall be guilty of a Class 2 misdemeanor and, in addition, may be enjoined from further violation ...
15.2-2134 Construction of dams, etc., for purpose of providing public water supply; approval by governing bod...
Every locality is authorized to make expenditures from its general fund in order to acquire land, participate in the construction of dams and perform all ...
15.2-2135 Disputes between jurisdictions involving dams or water impoundment; constitution of special court; ...
A. The special court to hear a case between jurisdictions involving a dam or water impoundment shall be composed of three judges of circuit courts ...
15.2-2136 Powers of special court; rules of decision; order controlling subsequent conduct of case
The court, in making its decision, shall balance the equities in the case, enter an order setting forth what it deems fair and reasonable terms ...
15.2-2137 Special court; hearing and decision
A. The special court shall hear the case upon the evidence introduced as evidence is introduced in civil cases. B. The special court shall determine ...
15.2-2138 Dispute between jurisdictions; additional parties
Any locality whose territory is affected by the proceedings or any person affected by the proceedings may appear and shall be made a party defendant ...
15.2-2139 Special court; costs
The costs in the proceedings before the special court shall be paid by the party instituting the proceedings and shall be the same as in ...
15.2-2140 Dispute between jurisdictions; appeals
A. An appeal may be granted by the Supreme Court of Virginia, or any judge thereof, to any party from the judgment of the special ...
15.2-2141 Conflicting petitions for same territory; petition seeking territory in two or more countie...
A. When proceedings for the acquisition of land by a locality are pending and a petition is filed seeking the acquisition of the same land ...
15.2-2142 Certain localities may construct dams across navigable streams; permission from Chief of Engineers...
Any locality authorized by its charter or by general law to construct a dam in connection with its public water supply system and which has ...
15.2-2143 Water supplies and facilities
Every locality may provide and operate within or outside its boundaries water supplies and water production, preparation, distribution and transmission systems, facilities and appurtenances for ...
15.2-2144 Inspection of water supplies
A. Every locality may regulate and inspect public and private water supplies; the production, preparation, transmission and distribution of water; and the sanitation of establishments, ...
15.2-2145 Sale of water and use of streets by one city in another
No city which owns or controls a waterworks system and which is authorized by its charter, or by general law, to sell or supply water ...
15.2-2146 Powers of localities to acquire certain waterworks system
For the purpose of providing an adequate water supply or of acquiring, maintaining or enlarging a waterworks system, including chronically noncompliant waterworks, as defined in ...
15.2-2147 City acquiring plant within one mile of another city
If any city acquires by purchase, lease, condemnation or otherwise, the property, rights and franchises of any private or public service corporation operating a waterworks ...
15.2-2148 Contracts for water supply
Nothing in this article shall be construed to prevent a locality from contracting with another locality for the acquisition of a water supply or for ...
15.2-2149 Notice to county and State Board of Health required prior to construction
Any person, including municipal corporations, that proposes to establish a water supply consisting of a well, springs, or other source and the necessary pipes, conduits, ...
15.2-2150 When approval of State Board of Health not required
The approval of the State Board of Health shall not be required unless such water supply serves or proposes to serve at least the number ...
15.2-2151 Disapproval of system by governing body of counties; failure to disapprove within seventy day...
The governing body of any county notified of the proposed establishment of a water system or of the extension of any existing water system under ...
15.2-2152 Contents of notice to governing body; further information
The applicant shall state in the notice to the governing body required by § 15.2-2149 the number and nature of the connections to which service ...
15.2-2153 Extensions to systems
No person that has constructed or installed a water system after having complied with the provisions of this article shall extend the service in excess ...
15.2-2154 Article not applicable to hotel corporations
No provision of this article shall apply to a corporation whose principal business is the operation of a hotel and which from its surplus facilities ...
15.2-2155 Noncompliance with article; separate offenses
Any person that fails or refuses to notify the governing body of the county in which any such water system is to be constructed or ...
15.2-2156 Penalty; enjoining violation
Any person violating any provision of this article shall be guilty of a Class 2 misdemeanor and, in addition, may be enjoined from further violation ...
15.2-2157 (Effective until July 1, 2009) Septic tanks and sewage disposal when sewers not available; civil pe...
A. Any locality may require the installation, maintenance and operation of, regulate and inspect septic tanks or other means of disposing of sewage when sewers ...
15.2-2157.1 Permit for onsite sewage disposal system installation in certain counties
Augusta County may require any person desiring to install a septic tank or other onsite sewage disposal system to secure a permit to do so. ...
15.2-2158 Description unavailable
Not set out. (1993, c. 402, § 15.1-360.1; 1997, c. 587.) ...
15.2-2159 Fee for solid waste disposal by counties
A. Accomack County, Augusta County, Floyd County, Highland County, and Wise County may levy a fee for the disposal of solid waste not to exceed ...
15.2-2160 Provision of telecommunications services
A. Any locality that operates an electric distribution system may provide telecommunications services, including local exchange telephone service as defined in § 56-1, within or ...

Last modified: April 2, 2009