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

  § 15.08.013. Assignment of franchise.  

Latest version.

  • A.

    Whenever a franchise by its terms requires the city council to approve assignment of a franchise to a third party, a franchisee and proposed assignee who wish to effectuate the assignment of a city-issued franchise shall submit to the city a written application requesting approval of the assignment of the franchise. The application packet may be obtained from the city clerk. The application shall be completed in its entirety prior to acceptance and consideration by the city. The franchise assignment application shall be verified by oath by both the franchisee, or the duly authorized representative of the franchisee, and the proposed assignee, or the duly authorized representative of the franchisee, and filed with two complete copies of the franchise assignment application and exhibits with the city clerk. The applicant 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 city clerk shall forward one copy of the application to the office of the city attorney and one copy of the application to the city manager.

    B.

    Any person who applies for city council approval of assignment of a franchise or any rights thereunder shall pay a nonrefundable franchise assignment application fee of five thousand dollars. Payment of the nonrefundable franchise assignment application fee does not guarantee that the application for assignment of the franchise will be approved by city council.

    C.

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

    1.

    The proposed assignee's qualifications to render its proposed services;

    2.

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

    3.

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

    4.

    Any other relevant facts.

    D.

    At all times, the burden of proof shall be upon the proposed assignee to establish that the continued use of public rights-of-way is in the public interest, that the proposed assignee is a responsible business entity and that the proposed assignee is willing and capable of assuming the duties and responsibilities of the franchisee.

    E.

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

(Ord. 15856 § 2, 2004; Ord. 12241 § 1 (part), 1995)