Wiley Condominium Association Case Number: PSPN25-00005 — 1125 Texas Avenue (File 26-0793)
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An Ordinance granting a Special Privilege License to Wiley Condominium Association to permit the existing aerial encroachment of a perpendicular sign and three (3) exhaust fans, and the surface encroachment of three (3) backflow water preventers, all within a portion of City Right-of-way at 1125 Texas Avenue, El Paso, Texas: setting the License term for five (5) years with one (1) renewable five (5) year term. Subject Property: 1125 Texas Avenue Applicant: Wiley Condominium Association Case Number: PSPN25-00005
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Confirm ROW license is revocable, not an easement
Why now: The July 21 item adopted only a special privilege license for existing right-of-way encroachments, first passed 8-0 on July 7 as a group vote with items 14 and 16 without individual discussion.
What to do: Pull the adopted special privilege license text for 1125 Texas Avenue and confirm the standard revocable-at-will clause and liability insurance requirement naming the city as additional insured — this is a permit for the sign, exhaust fans, and backflow preventers, not a permanent easement, so it should be flagged in any unit title report or the HOA's master insurance review since the city can order removal on notice.
Act before: After the license document is executed and recorded
Use this encroachment license as removal-avoidance precedent
Why now: Council approved the encroachment license for the sign, exhaust fans, and backflow preventers at 1125 Texas Avenue on a group vote with items 14 and 16, 8-0, on July 7, then adopted it July 21.
What to do: If you manage a building with unpermitted rooftop equipment, signage, or utility lines extending into city right-of-way, this case shows the city will resolve existing encroachments through a routine special privilege license rather than forced removal — file a similar license application instead of assuming compliance requires tearing equipment out.
Act before: After next hearing on this item
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A motion was made by Representative Canales, seconded by Representative Fierro, to Adopted the item. The motion carried by the following vote:
An Ordinance granting a Special Privilege License to Wiley Condominium Association to permit the existing aerial encroachment of a perpendicular sign and three (3) exhaust fans, and the surface encroachment of three (3) backflow water preventers, all within a portion of City Right-of-way at 1125 Texas Avenue, El Paso, Texas: setting the License term for five (5) years with one (1) renewable five (5) year term. Subject Property: 1125 Texas Avenue Applicant: Wiley Condominium Association Case Number: PSPN25-00005
Vote: 8 for, 0 against
advertise for public hearing ordinance granting Special Privilege License to Wiley Condominium Association at 1125 Texas Avenue for five years
First reading; voted as group with items 14 and 16