Chap. 69.—An ACT to amend and re-enact section 53 of an act entitled
“An act to provide a new charter for the city of Bristol, and to repeal
all acts or parts of acts in conflict therewith, and to declare all con-
tracts and obligations heretofore or hereafter made by the present
council and government of the city of Bristol and all powers hereto-
fore or hereafter exercised by them while in office to be legal and
valid,” approved March 19, 1920, as amended by an act approved
February 17, 1922. , [H B 90]

Approved March 21, 1928.

1. Be it enacted by the general assembly of Virginia, That
section fifty-three of an act entitled “An act to provide a new
charter for the city of Bristol, and to repeal all acts
or parts of acts in conflict therewith, and to declare all
contracts and obligations heretofore and hereafter made
by the present council and government of the city of
Bristol, and all powers heretofcre and hereafter exercised
by them, while in office, to be legal and _ valid,” ap-
proved March nineteenth, nineteen hundred and twenty, as
amended by an act approved February seventeenth, nineteen
hundred and twenty-two, be, and the same is, hereby amended
«und re-enacted, so as to read as follows:

Section 538. (a) The sale of public property.—The rights of
the city of Bristol in and to its streets, avenues, parks, bridges
and other public places and in its real estate, and its gas, water,
electric and other works, shall not be sold except by ordinance
duly passed by a recorded affirmative vote of four-fifths of all
the members elected to the council and under such other restric-
tions as may be imposed by law, provided that when any such
property or right shall by the council be estimated to exceed
the value of three hundred dollars, the sale thereof shall be by
public auction, or such other competitive manner as the council
may provide in the ordinance authorizing the sale, after due
advertisement once a week for four successive weeks in a news-
paper published or circulated in the city, or by posting notices at
the front door of the courthouse and two other public places in
the city for a least thirty days, and provided, further, that no
sale of such property or right for more than three hundred dol-
lars shall be legal unless the sale thereof shall have been duly
advertised as herein provided. The council shall determine in
the ordinance authorizing the sale which method of advertise-
ment shall be used.

Provided that when in any development of a plan for all or
any part of the city and the laying out of streets and sub-dividing
of lands, as provided by sections sixty-nine and seventy of the
charter for the city of Bristol, the best interests of the city will
be promoted by exchanging and conveying any property owned
by the city for other property or rights of way or other valuable
considerations, such property owned by the city may be ex-
changed and conveyed pursuant to ordinance duly passed by a
recorded affirmative vote of four-fifths of all the members elected
to the council, without advertisement or competitive or public
sale, as required by provisions of the first paragraph of this
section.

(b) Limitations of franchise, leases, et cetera.—No fran-
chise, lease or right of any kind to use any such public prop-
erty or any other public property or easement of any descrip-
tion in a manner not permitted to the general public shall be
granted for a longer period than thirty years.

(c) Right of the city to purchase or take over plant, et
ecetera.—Every grant of a franchise or privilege and every con-
tract therefor made or granted by the city may provide that at
the expiration of the term or period for which it is made or
granted, the city, upon the payment therefor of a fair valuation
thereof to be made in the manner provided in the grant or con-
tract, may purchase and take over to itself the plant as well as
the property, if any, of the grantee in streets, avenues, and
other public places in its entirety, but in no case shall the value
of the franchise of the grantee be considered or taken into ac-
count in fixing such valuation; or such grant and contract may
provide that such plant and property shall at the expiration of
such term or period become the property of the city without any
compensation to the grantee.

(d) How granted.—No public utility franchise, privilege,
lease or right of any kind to use any public property, or ease-
ment of any description, and no renewal, amendment or exten-
sion thereof shall be granted except by ordinance. Before any
such grant shall be made, an ordinance proposing the same
shall be printed, a printed report thereon by the city manager
shall be filed with the council, and one or more public hearings
shall be held thereon. After the adoption of the ordinance pro-
posing such grant and before such grant shall be made, except
in the case of a trunk railway, bids shall be received therefor
publicly after due advertisement of such ordinance and invita-
tion of bids in such manner as may be provided by general law.
And the procedure upon receipt of such bids shall be as pro-
vided by general law as far as the same may be applicable and
not inconsistent with the provisions of this charter.

However, the cost of printing and advertising any original or
amended franchise contemplated by this section shall be paid
by the city, which shall be reimbursed by the person, firm or
corporation to whom such grant is finally made, and when such
printing and advertising of the sale of such original or amended
franchise shall be made at the request of some person, firm or
corporation so requesting, but if the sale or grant shall finally
be made to some other person, firm or corporation than the one
requesting, the cost of said printing and advertising shall be
paid by the purchaser or grantee.

(e) Transfer of franchise. — No public utility franchise
shall be transferable except with the approval of the council ex-
pressed by ordinance, and copies of all authorized transfers and
mortgages or other documents affecting the title or use of any
such public utility shall be filed with the city clerk within ten
days after the execution and delivery thereof.

(f) Rights reserved to city.—All grants, renewals, exten-
sions or amendments of public utility franchises, whether so
provided in the ordinance or not, shall be subject to the right of
the city;

(1) To repeal the same by ordinance at any time for mis-
use or non-use or for failure to begin construction within the
time prescribed, or otherwise to comply with the terms pre-
scribed.

(2) To require proper and adequate extensions of plants
and services and the maintenance of the plant and fixtures at
the highest practical standard of efficiency.

(3) To establish reasonable rates and standards of service
and quality of products and prevent unjust discrimination in
service or rates.

(4) To prescribe the form of accounts and at any time to
examine and audit the accounts and other records of such
utility; and to require annual and other reports by such public
utility; provided that if forms of account shall have been pre-
scribed by the State corporation commission of Virginia for
public utilities throughout the State, the forms so prescribed
shall be controlling so far as they go, but the council may pre-
scribe more detailed forms for the _ utilities within its
jurdisdiction.

(5) To impose such other regulations as may be conducive
to the safety, welfare and convenience of the public.
(6) Extensions.—All extensions of public utilities within
the city limits shall become a part of the aggregate property of
such public utility, shall be operated as such and shall be sub-
ject to all the obligations and reserved rights contained in this
charter and in any original grant hereafter made. The right to
use and maintain such extension shall terminate with the
original grant.

(7) However, if there shall be omitted from this charter
any provision essential to the valid sale, or granting, renewing,
extending, or amending, of any franchise, privilege, lease, or
right of any kind to use any public property therein, the pro-
visions of the general law with reference to this subject shall
supply said omissions.

2. An emergency existing, this act shall be in force from
its passage.