§ 26.03. Implied Terms.

No franchise shall ever be implied, but must rest upon a written ordinance, or contract signed by the City Council, adopted in the same manner as an ordinance, and spread at large upon the minutes of the Council. No term shall be implied in construing any franchise by which the City is held to have surrendered or abdicated its police power to regulate the business conducted under a franchise, or any power given to it by law to prescribe reasonable rates for public service or to impose reasonable rates of taxation upon the privileges enjoyed or upon property owned by the beneficiary of the franchise. Nor shall the failure of the City Council or any officer to enforce any right of the City, or to terminate an expired or forfeited franchise, or take steps to oust the beneficiary of a franchise for its enjoyment, be construed or implied to be a waiver of any legal right of the City. Where the beneficiary of a franchise, after its expiration or forfeiture or other termination, or any person who is without a franchise, shall use the streets or alleys or public property of the City, or who shall conduct a public service business requiring a franchise, without violating any law or ordinance that is otherwise binding upon the beneficiary of a legal and subsisting franchise, and without objection from the City Council, shall be deemed to be acting or operating under a license certificate revocable at the pleasure of the City Council; provided, however, that nothing herein shall be construed to exempt any person from obedience to ordinances and regulations applicable to streets, alleys and public property or to established rates for public service, or to the manner of furnishing such service, or from the payment of property, license or excise taxes, or obtaining a permit required by any ordinance.

(Code 1948, § 40.03)