Bus bench franchises.

El Paso City Code § 13.20.110

in effect

13.20.110 - Bus bench franchises. A. This section shall be applicable to any and all bus bench franchises issued, approved or extended by the city council of the City of El Paso. The rights granted for the installation and maintenance of bus benches pursuant to such a franchise may include the right to install and maintain advertising on existing city-owned bus shelters. B. Each franchise, unless otherwise indicated by this section, shall be governed by the terms of its franchise agreement, pursuant to those rules and regulations related to the installation and maintenance of bus benches and shelters as may be instituted and amended from time to time by the mass transit department board. Enforcement of the franchise agreements and their rules shall be the responsibility of the director of the mass transit department, or designee. C. Terms of Each Franchise. 1. Each franchise shall be limited to a period of not more than ten years in length. If grantee is not in default of the terms hereof, the city, at its sole option, may extend the franchise for a period determined solely by the city, but in no event shall such extension exceed ten additional years. Any such extension shall be granted upon such additional terms and conditions as required by the city. Grantee must request such extension by delivering written request not later than ninety days before the original term of the franchise expires, and in the manner required by the franchise. 2. An initial franchise fee of one hundred dollars shall be required of an applicant for a franchise. The annual franchise fee required of each approved grantee shall be one hundred dollars. Payment shall be made to the comptroller of the City of El Paso on or before January 1 of each year. 3. An additional fee of two dollars per approved bench, per month, shall be paid to the comptroller of the City of El Paso. This fee shall be paid quarterly and without regard to the grantee's ability to place revenue-generating ads upon any approved benches. 4. One bench shall be offered or made available to the city, for advertising, for each twenty benches placed or maintained by a franchisee. 5. All remaining terms and conditions of a franchise shall be enumerated within each franchise agreement and those rules adopted by the mass transit department. D. Enforcement. 1. All rules as identified within, and attached to, each franchise agreement as well as those rules implemented by the mass transit department shall be adhered to by the franchisees. 2. The director of the mass transit department shall be charged with the enforcement duties related to compliance with franchise agreements and all rules referenced herein. 3. In addition to any applicable removal, storage and disposal fees, a civil penalty of three hundred dollars shall be imposed for each illegally placed bench that is disposed of by the mass transit department director in accordance with the rules established by the mass transit department board. 4. Upon written notice to the franchisee and a forty-eight hour period for the franchisee to remedy, the director of the mass transit department may require the removal of any illegally placed benches. Upon written notice to the franchisee and a seven-calendar day period for the franchisee to remedy, the director of the mass transit department may require the repair, removal and/or replacement of any unsafe benches or other benches found to be in violation of the rules or any applicable franchise. All expenses related to such removal, including, but not limited to, storage and disposal, shall be reimbursed by the bench owner. 5. Nonpayment of any civil penalties noted within this enforcement section may result in the revocation of the franchise agreement. E. Where a bus bench or shelter location involves a proposed use of a public right-of-way designated as a state or federal highway or road, written approval from the appropriate state or federal agency shall be required prior to approval of the location by the city. (Ord. 16792 § 1, 2007)

Source: City of El Paso, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/el_paso/codes/code_of_ordinances?nodeId=TIT13STSIPUPL_CH13.20MISTSIUSRE_13.20.110BUBEFRFetched: 10/28/2026