Chapter 26 - FRANCHISES

Sec. 25.49. - Grandfather Clause. Chapter 27 - GAMBLING Chapter 26 - FRANCHISES[1]

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Case law reference—Case relative to franchises generally and upholding the validity of an ordinance granting exclusive franchise to Orlando Transit Company, see Jarrell v. Orlando Transit Co., 123 Fla. 782, 167 So. 666.

State Law reference— Authority of city relative to franchises generally, Florida Statutes §§ 167.22—167.27.

Sec. 26.01. - When Required.

A franchise shall be required when any person shall construct or maintain any wire, pole, conduit, pipe, track or structure, except service connections to the same belonging to customers, over, under or on any street or alley or property of the city, which is intended to remain there for a period of more than six (6) months, or when any person shall engage in a public service business. "Public service" as used in this chapter refers to those services which, by their nature, are necessary and convenient to the public generally and are usually and customarily, though not always, furnished to the people of a community without competition from others, such as the furnishing of regular transportation, communications, water, electricity, gas, sewerage and the like. Provided, however, that this chapter shall not apply to the utilities commission, or to any business which the laws of the state or of the United States may permit without a franchise from the city. And provided further, that nothing in this chapter shall be construed to authorize any person to build, construct or maintain any object or structure on, over or under any street, alley or property of the city, or to obstruct, excavate, fill or alter the same without a permit when required by law or ordinance, or exempt any person from any tax or obedience to any ordinance which the city has lawfully made.

(Code 1948, § 40.04; Ord. of 11-3-1986, Doc. #20735; Ord. of 10-26-1987, Doc. #21589)

Sec. 26.02. - Assignability.

All franchises which involve the use of the streets, alleys or city property, or the principal object of which is to furnish public service, are and have been granted because of confidence in the beneficiary of the privilege, and the belief that such beneficiary will fully perform all duties to the City and to the public, according to their respective rights and the law, and no such franchise shall be assignable except with the approval of the City Council.

(Code 1948, § 40.02)

Sec. 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)

Sec. 26.04. - Revocation.

When it shall appear that the beneficiary of any franchise, or any person claiming to have a franchise, has violated a material term thereof, or has neglected or refused to obey a valid ordinance or regulation, or, if in the public service business, has repeatedly overcharged its customers, or has failed or refused, without reasonable cause, to furnish adequate service to all who are willing to pay therefor and conform to reasonable regulations, the City Council may inform such person thereof and give a reasonable notice of the time and place of a hearing on the matter, at which it shall hear evidence to sustain and refute the charge, and if such charges are sustained, may revoke the franchise. The City Council may, however, find such charges to be sustained, but may suspend revocation pending remedy of the default, and during a continuance of obedience to the duties imposed upon such person by law and ordinance. If an order of revocation is made, it may be made effective at a future time, so as to avoid injury and inconvenience to the public, during which such person shall be under obligation to continue to furnish public service, if any is required by the franchise. In any event, upon revocation, the person having or claiming the franchise shall be granted a reasonable time in which to close his business and remove his property from the streets or alleys or City property; and he shall be required to repair and restore the streets, alleys or City property to their condition before such removal.

(Code 1948, § 40.05)

Sec. 26.05. - Retrospective Effect.

This Chapter shall be prospective in operation, and shall also be retrospective to the full extent that it may be consistent with the constitution and laws of Florida and the constitution and laws of the United States.

(Code 1948, § 40.06)

Sec. 25.49. - Grandfather Clause. Chapter 27 - GAMBLING