Waste container franchises.

El Paso City Code § 13.20.120

in effect

13.20.120 - Waste container franchises. A. This section shall be applicable to any and all waste container franchises issued, approved or whose term is extended by the city council of the City of El Paso. The rights granted for the installation and maintenance of waste containers pursuant to such a franchise include the right to install and maintain advertising on the four sides of said containers. B. Each franchise, unless otherwise indicated by this section, shall be governed by the terms of its franchise agreement. C. Terms of Each Franchise. 1. Each franchise shall be limited to a period of not more than five 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 one additional year. Any such extension shall be granted upon such additional terms and conditions as required by the city. Grantee must request such extension by delivering a written request to the city not later than ninety days before the original term of the franchise expires, and in the manner required by the franchise. 2. The franchise term shall begin on the date on which the franchise is approved by city council. An annual franchise fee in the amount authorized by city council through the budget process shall be required of an applicant for a waste container franchise. Payment shall be made to the Comptroller of the City of El Paso, on or before the fifteenth day following the granting of the franchise. 3. An additional fee in an amount authorized by city council through the budget process per approved waste container, per month, shall be paid to the Comptroller of the City of El Paso. This fee shall be paid quarterly on the following dates: March 31, June 30, September 30, and December 31 and without regard to the grantee's ability to place revenue-generating ads upon any approved waste containers. 4. Ten percent of the franchisee's total waste containers shall be offered or made available to the city, for advertising of city events and public service announcements. 5. Additional terms and conditions of a franchise shall be enumerated within each franchise agreement. D. Enforcement. 1. All rules as identified within, and attached to, the franchise agreement shall be adhered to by the franchisee. 2. The director of the department of environmental services or designee shall be charged with the enforcement duties related to compliance with franchise agreements. 3. The director of the department of environmental services shall provide the franchisee with written notice of illegally placed or unsafe waste containers. In the case of an imminent public health or safety hazard, after twenty-four hours have passed and the illegally placed or unsafe waste containers have not been removed by the franchisee, the director of the department may require the repair, removal and/or replacement of the illegally placed or any unsafe waste containers or other waste containers found to be in violation of any applicable franchise. All expenses related to such removal, including, but not limited to, storage and disposal, shall be reimbursed by the franchisee. E. Where a waste container 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. No. 18251, § 1, 9-30-2014; Ord. No. 18952, § 1, 7-23-2019)

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_13.20.120WACOFRFetched: 10/28/2026