LIABILITY AND INDEMNIFICATION

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

in effect

El Paso City Code § 15.10.470 City's access to public rights-of-way.

15.10.470 - City's access to public rights-of-way. City reserves the right to maintain and operate public rights-of-way in the manner it deems best. Provider agrees to use public rights-of-way at provider's sole risk except for inconvenience, annoyance, or injury to provider's wireless facilities caused by the city's negligence or willful misconduct. City shall exercise reasonable care to avoid damaging provider's wireless facilities and city shall report to provider the occurrence of any such damage caused by city's employees, agents or contractors. (Ord. No. 18717, § 1, 8-22-2017)

El Paso City Code § 15.10.480 Indemnification.

15.10.480 - Indemnification. Provider shall indemnify city as provided in Chapter 283, Section 283.057(A) and (B), Texas Local Government Code; except, however, where a claim or damage results from the negligence or willful misconduct of the city. (Ord. No. 18717, § 1, 8-22-2017)

El Paso City Code § 15.10.490 Waiver of liability.

15.10.490 - Waiver of liability. No provision of this agreement is intended, or shall be construed, to be a waiver for any purpose by city of governmental immunity or other provisions of Texas law limiting municipal liability. No indemnification provision contained in this chapter under which provider indemnifies city shall be construed in any way to limit any other indemnification provision contained in this chapter or Texas law. (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_ARTXLIINFetched: 10/28/2026