CHAPTER 727
SENATE JOINT RESOLUTION NO. 48
Proposing an amendment to Section 125 of the Constitution of Virginia.

Agreed to by the Senate, March 3, 1966
Agreed to by the House of Delegates, March 12, 1966

Resolved by the Senate of Virginia, the House of Delegates concurring,
a majority of the members elected to each house agreeing, That the follow-
ing amendments to the Constitution of Virginia be, and the same hereby
is proposed and referred to the General Assembly at its first regular session
held after the next general election of members of the House of Delegates
for its concurrence in conformity with the provisions of section one hundred
ninety-six of the Constitution, namely:

Strike from the Constitution of Virginia Section 125 which is as fol-
lows:

Section 125. Sale of corporate property and granting of franchises
by cities and towns.—The rights of no city or town in and to its water front,
wharf property, public landings, wharves, docks, streets, avenues, parks,
bridges, and other public places, and its gas, water and electric works sh:
be sold, except by an ordinance or resolution passed by a recorded affirmative
vote of three-fourths of all the members elected to the council, or to each
branch thereof where there are two, and under such other restrictions a8
may be imposed by law; and in case of the veto by the mayor of such an
ordinance or resolution, it shall require a recorded affirmative vote of three
fourths of all the members elected to the council, or to each branch thereof
where there are two, had in the manner heretofore provided for in this
article, to pass the same over the veto. No franchise, lease or right of any
kind to use any such public property or any other public property or ease
ment of any description, in a manner not permitted to the general public,
shall be granted for a longer period than thirty years. Before granting any
guch franchise or privilege for a term of years, except for a trunk railway,
the municipality shall first, after due advertisement, receive bids therefor
mihiicly in auch manner ag may hoe nravidad hy lew and chal] then act ag
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 therefor, be and become the property of the
said city or town; but the grantee shall be entitled to no payment by reason
of the value of the franchise; and any such plant or property acquired by a
city or town may be sold or leased, or, if authorized by law, maintained, con-
trolled 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. Nothing
herein contained shall be construed as preventing the General Assembly
from prescribing additional restrictions on the powers of cities and towns
in granting franchises or in selling or leasing any of their property, or as
repealing any additional restriction now required in relation thereto in any
existing municipal charter.

And insert in lieu thereof the following:

Section 125. Sale of corporate property and granting of franchises
by cities and towns.—The rights of no city or town in and to its water
front, wharf property, public landings, wharves, docks, streets, avenues,
parks, bridges, and other public places, and its gas, water and electric works
shall be sold, except by an ordinance or resolution passed by a recorded
affirmative vote of three-fourths of all the members elected to the council,
or to each branch thereof where there are two, and under such other
restrictions as may be imposed by law; and in case of the veto by the mayor
of such an ordinance or resolution, it shall require a recorded affirmative
vote of three-fourths of all the members elected to the council, or to each
branch thereof where there are two, had in the manner heretofore provided
for in this article, to pass the same over the veto. No franchise, lease or
right of any kind to use any such public property or any other public prop-
erty or easement of any description, in a manner not permitted to the gen-
eral public, shall be granted for a longer period than thirty years, except
for air rights which may be granted for a period not exceeding sixty years.
Before granting any such franchise or privilege for a term of years, except
for a trunk railway, the municipality shall first, after due advertisement,
receive bids therefor publicly, in such manner as may be provided by law,
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, ave-
nues, and other public places shall thereupon, without compensation to the
grantee, or upon the payment of a fair valuation therefor, be and become
the property of the said city or town; but the grantee shall be entitled to no
payment by reason of the value of the franchise; and any such plant or
property acquired by a city or town may be sold or leased, or, if authorized
by 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. Nothing herein contained shall be construed as prevent-
ing the General Assembly from prescribing additional restrictions on the
powers of cities and towns in granting franchises or in selling or leasing any
of their property, or as repealing any additional restriction now required in
relation thereto in any existing municipal charter.