TERMINATION OF PERMITS

El Paso City Code tit. 15, ch. 15.10, art. XVI

in effect

El Paso City Code § 15.10.660 Failure to comply with terms.

15.10.660 - Failure to comply with terms. Provider shall be in default of its permit(s) when provider fails to comply with any term or condition of this chapter or its permit(s), including but not limited to the following circumstances: 1. Construction, operation or maintenance of provider's wireless facilities in violation of law or in aid of any unlawful act or undertaking; or 2. Construction, operation or maintenance of provider's wireless facilities after any authorization required of provider has lawfully been denied or revoked by any governmental or private authority; or 3. Construction, operation or maintenance of provider's wireless facilities without the required insurance coverage; or 4. Provider's wireless facilities, transport facilities, or ground equipment are found occupying any portion of any of public right-of-way for which no permit has been issued and is in effect; or 5. Failure of provider to timely cure a violation of any applicable standard or provision of this chapter; or 6. Nonpayment of any undisputed amount due under this chapter. (Ord. No. 18717, § 1, 8-22-2017)

El Paso City Code § 15.10.670 Notification of default condition(s).

15.10.670 - Notification of default condition(s). City will notify provider in writing of any default condition(s) pursuant to Section 15.10.660 above. Provider shall take immediate corrective action to eliminate any such condition(s) within thirty days of receipt of notice and shall confirm in writing to city when the noticed condition(s) has ceased or been corrected. If the nature of the violation is such that it cannot be fully cured within thirty days due to circumstances not under provider's control, the period of time in which provider must cure the violation will be extended for such additional time reasonably necessary to complete the cure, provided that: (1) provider has promptly begun to cure; and (2) provider is diligently pursuing its efforts to cure. If provider fails to discontinue or correct such condition(s) and/or fails to give the required confirmation within the foregoing time periods, city may take any remedy available under the law, including immediately terminating any permit. (Ord. No. 18717, § 1, 8-22-2017)

El Paso City Code § 15.10.680 Requirements at termination of a permit.

15.10.680 - Requirements at termination of a permit. Upon termination of a permit pursuant to this article, provider shall remove the affected wireless facilities, transport facilities, or ground equipment within sixty days after termination, at provider's sole expense, and shall surrender the public right-of-way to city in the same condition it was in on the date the permit was granted for same, excepting ordinary wear and tear. If provider fails to remove the equipment within sixty days of termination of the permit, city shall have the right to remove the equipment at provider's expense. (Ord. No. 18717, § 1, 8-22-2017)

El Paso City Code § 15.10.690 Provider liable for fees and charges.

15.10.690 - Provider liable for fees and charges. Provider shall be liable for and pay all fees and charges pursuant to this chapter to city until provider's wireless facilities, transport facilities, or ground equipment are actually removed. (Ord. No. 18717, § 1, 8-22-2017)

El Paso City Code § 15.10.700 Provider's responsibility and obligations at termination.

15.10.700 - Provider's responsibility and obligations at termination. After the termination of all permits, provider's responsibility and indemnity obligations shall continue with respect to any claims or demands related to provider's wireless facilities, transport facilities, or ground equipment attachments as provided for in this chapter or applicable law. (Ord. No. 18717, § 1, 8-22-2017)

El Paso City Code § 15.10.710 Effect of Chapter 284 of the Local Government Code.

15.10.710 - Effect of Chapter 284 of the Local Government Code. If Chapter 284 of the Local Government Code, or any part thereof is at any time, in full or in part, revoked, found to be unconstitutional, struck down, preempted or otherwise becomes void or invalid, then permits granted under this chapter shall automatically terminate, unless an extension is granted by the city. This section shall constitute notice that in such case, all network nodes are to be removed within ninety days from the event that affects Chapter 284. The parties agree they will negotiate in good faith to assure an ease of transitions as to those parts of Chapter 284 that have been adjudicated as unenforceable, as well as continued compliance with those parts that may remain enforceable, if any. (Ord. No. 18717, § 1, 8-22-2017)

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=TIT15PUSE_CH15.10DENENORI-W_ARTXVITEPEFetched: 10/28/2026