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 El Paso
 Code of Ordinances
 Title 15. PUBLIC SERVICES
 Chapter 15.08. STREET RENTALS

  § 15.08.012. Application for franchise.  

Latest version.

  • A.

    All persons who desire to obtain a franchise for long term use of the city rights-of-way for conducting business within the city shall apply for a franchise. An application packet may be obtained from the city clerk. The application shall be verified by oath of the applicant or the duly authorized representative of the applicant, filed with two complete copies of the application and exhibits, filed with the city clerk and shall, among other requirements, identify the nature of the proposed use of city rights-of-way, the nature of the applicant's business and organization, and the applicant's authorized representative. The applicant shall also submit with the application a description of the project and the proposed encumbrances. The city clerk shall forward one copy of the application to the city manager and one copy of the application to the office of the city attorney.

    B.

    Appropriate representatives of the city attorney's office and the designees of the city manager will schedule a preliminary meeting with the applicant's authorized representative.

    C.

    After the preliminary meeting, and before the application shall be processed further, the applicant shall be required to pay by certified check a nonrefundable application fee of five thousand dollars for the city's costs of reviewing the franchise application, conducting appropriate investigations and other associated administrative costs. Payment of the nonrefundable application fee does not guarantee that the applicant will be granted a franchise.

    D.

    The city shall schedule a public hearing at which the city council shall receive evidence concerning, but not limited to, the following:

    1.

    The applicant's qualifications to render its proposed services;

    2.

    The applicant's qualifications to adequately and safely maintain the public rights-of-way;

    3.

    The effect which applicant's proposed use of the rights-of-way will have upon the public's use of the rights-of-way;

    4.

    The applicant's financial responsibility and ability to meet the proposed terms of the franchise; and

    5.

    Any other relevant facts.

    E.

    The city council shall hear relevant testimony and receive relevant evidence from the city departments and the public.

    F.

    At all times, the burden of proof shall be upon the applicant to establish that the proposed use of public rights-of-way is in the public interest and that the applicant is a responsible business entity.

    G.

    The city council may grant the franchise and determine the terms and conditions by which it will be granted, or may refuse to grant it based upon the evidence presented at the public hearing.

    H.

    Where the applicant is currently providing the proposed service under a franchise previously granted by city council, and city council finds that all relevant facts about the applicant are known to city council, city council may waive the requirements of this section.

    (Ord. 15856 § 1, 2004; Ord. 12538 § 1, 1995; Ord. 12241 § 1 (part), 1995)

(Ord. No. 17393, § 4, 8-24-2010, eff. 9-1-2010)