§ 2-3. Powers relating to public works, utilities and properties.  


Latest version.
  • In addition to the powers granted by other sections of this Charter, the town is empowered:

    2-301. To acquire by purchase, gift, devise, condemnation or otherwise, property, real or personal, or any estate therein within or without the town for any purposes necessary in carrying out any of the functions of the town or the government of the town and to hold, improve, sell, lease, mortgage, pledge or otherwise dispose of the same or any part thereof, including any property now owned by the town.

    2-302. To own, operate and maintain waterworks; to acquire in any lawful manner in any county of the state such water, lands, property rights, and riparian rights as the council may deem necessary for the purpose of providing an adequate water supply to the town and of piping and conducting the same; to lay, erect and maintain all necessary mains and service lines either within or without the corporate limits of the town, for the distribution of water to customers and consumers, both within and without the corporate limits of the town, and to charge and collect water rates therefor; to erect and maintain all necessary dams, storage basins or tanks, filtration plants, purification plants, pumping stations and other works in connection therewith; to make reasonable rules and regulations for promoting the purity of its water supply and of protecting the same from pollution; and for this purpose to exercise full police powers and sanitary control over all land owned or leased by the town and within the limits of the watershed tributary to any such water supply wherever such lands may be located in this state; to impose and enforce adequate penalties for the violation of any such rules and regulations; and to prevent by injunction or any other appropriate legal process any pollution or threatened pollution of such water supply and any and all acts likely to impair the purity thereof for adequate water supply; and to carry out the powers herein granted, the town may exercise within this state all powers of eminent domain provided by the laws of this state.

    2-303. To construct, maintain, regulate and operate public improvements of all kinds, including, among other things, but not limited to, municipal and other buildings, armories, sewage disposal plants, jails, comfort stations, markets and all buildings and structures necessary or appropriate for the use and proper operation of the various departments of the town, and for the comfort, welfare and benefit of the citizens; to acquire by condemnation or otherwise, as may be provided by law, all lands, riparian and other rights, easements, rights of way and privileges as may be necessary for such improvements, or any of them, either within or without the town; and to construct, maintain or aid therein, roads, streets, highways, bridges, underpasses and overpasses to any property owned by the town and situate beyond the corporate limits thereof, and to acquire the land necessary by condemnation or otherwise as may be provided by law.

    2-304. To survey, establish, enter, open, widen, extend, grant, construct, pave, maintain, repair, light, sprinkle and clean public streets, highways, alleys, sidewalks, parkways, and parks, and relocate, alter or close the same; and in relocating, altering or closing any public street, alley, sidewalk, parkway or park, to have the power to agree to a substitution of a new location, in whole or in part, in the place and stead of such street, alley, sidewalk, parkway or park, or portions thereof relocated, altered or closed, and to execute such agreements, releases or deeds in connection therewith as may be deemed expedient or proper in carrying the same into effect; and also to have the power to ratify and approve the substitution and new locations, in whole or in part, in the place of a public street, alley, sidewalk, parkway or park, or portions thereof previously relocated, altered or closed, in whole or in part, and all approving and ratifying agreements, releases or deeds previously executed by said town in connection therewith and carrying the same into effect at the time thereof, if deemed expedient and proper; to regulate the weight of loads to be hauled or carried over and upon the streets, alleys, sidewalks and parkways, insofar as such regulation of weights and loads does not conflict with general state laws relating to load limits to be carried or transported over state highways; to regulate the use of all such highways, parks, streets, sidewalks, alleys, parkways and public places; to prevent the obstruction, destruction or injury to any such streets, highways, alleys, parkways, parks, sidewalks or public places; in conformity with and subject to the provisions of articles 3 and 6 of chapter 13 of title 56 of the Code of Virginia, 1950, as amended, to require any railway company operating a railroad at the place where any highway, street or alleyway or sidewalk is crossed within the limits of the town, to construct and maintain adequate crossings and to erect and maintain at such crossing any style of gate or warning signal deemed proper by council; to regulate the operation and speed of all cars, motorcycles, bicycles or vehicles of any nature whatsoever upon said streets or highways, as well as the speed of all engines, cars and rolling stock of railroad trains within the town; to permit or prohibit towers, poles, conduits, cables or wires for electric, telephone, telegraph, radio or television purposes to be erected, wired, or constructed; to construct, maintain, repair and operate bridges, sidewalks, subways, tunnels, sewers, and drains or to permit the construction, maintenance, repair and operation thereof; to plant, maintain or remove shade trees along the streets and upon public grounds; and to do all other things whatsoever to make said streets and highways safe, convenient and attractive.

    2-305. To establish, maintain, regulate the use of parks, golf courses, playgrounds, stadia, recreation areas and public grounds, and to keep them lighted and in good order; to construct in such parks, golf courses, playgrounds and public grounds as the town may maintain or upon any town property, stadia, swimming pools, gymnasia and recreation or amusement buildings, structures, or enclosures of every character, refreshment stands, restaurants and the like; to charge admission for the use of such grounds, and to rent out or lease the privileges of such constructing or using such parks, golf courses, playgrounds, public grounds, swimming pools, stadia, recreation or amusement buildings, structures or enclosures of every character, refreshment stands, restaurants and the like.

    2-306. To establish, construct, repair and maintain sanitary sewers, sewer lines and systems, and to require all property owners within the town to connect therewith; to establish, construct, repair, maintain and operate sewage disposal plants; to acquire by condemnation or otherwise, within or without the town, all lands, rights of way, riparian and other rights, and easements necessary for the purposes aforesaid; and to charge, assess and collect reasonable fees, tap fees, rentals, assessments and costs of service for connection with and using the same.

    2-307. To grant franchises for public utilities subject to the provisions of the Constitution, the general laws of Virginia and this Charter; provided the town shall at any time have the power to contract for, own, operate, manage, sell, lease, encumber or otherwise dispose of, either within or without the town, any and all public utilities for the town and to sell the services thereof, subject to existing franchises, but no utility shall be sold except by an express consent of the citizens by referendum.

    2-308. To own, operate, repair and maintain electric light and gasworks, either within or without the corporate limits of the town, and to supply electricity and gas whether the same be generated, produced or purchased by the town, to its customers and consumers both within and without the corporate limits of said town, at such prices and upon such terms as the council may deem advisable; the town shall have the right and power to charge a different rate for any service rendered for electricity or gas furnished to citizens without the corporate limits of the town from the rates charged for similar services, electricity and gas to citizens within the corporate limits; and to that end the town may contract and purchase electricity and gas upon such terms as it may deem expedient.

    2-309. To establish, maintain and operate landing fields or airports within or without the corporate limits of the town and for such purposes to acquire real estate by gift, lease, purchase or condemnation; to lease such landing fields or airports to others to be used for any lawful purpose; to sell, encumber, or otherwise dispose of the same as the council may deem expedient; to erect and maintain buildings and appurtenances necessary for the use of such landing fields and airports and to prescribe and enforce rules and regulations not in conflict with the laws, rules and regulations prescribed by the State of Virginia and the federal government for the use and protection of the citizens and for such landing fields or airports.

    2-310. To give names to and to change and alter the names of streets and alleys.

    2-311. To acquire, construct, own, maintain and operate within and without the corporate limits of the town, places for the parking or storage of vehicles by the public, which shall include but shall not be limited to, parking lots, garages, buildings or other lands, structures, equipment and facilities when in the opinion of the council they are necessary to relieve congestion in the use of streets, roads and alleys, and to reduce hazards incident to such use; to provide for their management and control by a department of the town government or by a board, commission or agency especially established by ordinance for that purpose; to authorize or permit others to use, operate or maintain such places or any portions thereof, pursuant to lease or agreement, upon such terms and conditions as the council may prescribe by appropriate ordinance or resolution and to charge or authorize the charging of compensation for the parking or storage of vehicles, or other services at or in such places.

    2-312. To accept or to refuse, by ordinance or resolution, the dedication of streets, roads, parks, parkways and alleys, easements or lands for other public use or purpose, unless the title to the same be acquired in fee simple in accordance with any subdivision regulation adopted under the provisions of article VII.

    2-313. To exercise the power of eminent domain within the town for any lawful purpose of the town and without the corporate limits of the town for any property required for any of the public services or utilities of the town.