EL PASO CITY CHARTER, SECTION 1.5. APPLICATION FOR REMEDY PREREQUISITE TO SUIT AGAINST CITY.
No suit shall be instituted against the City unless the claimant shall aver and prove that, previous to filing the original petition, the claim was presented to the Council and the Council failed either to grant or act upon the claim in a timely fashion. This provision shall not apply in instances in which injunction or any other of the extraordinary writs are sought.
MUNICIPAL CODE, CHAPTER 3.28 CLAIMS AGAINST THE CITY
3.28.010 Property damage and personal injury suits--Notification--Information required.
The city shall not be liable to any person for injuries suffered to his person or the person of another unless the injured person, or someone on his behalf, shall within ninety days or within six months for good cause shown from the date the damage occurred or the injury was received, give notice in writing to the mayor of the following facts:
- The date and time when the damage or injury occurred and the place where the damage occurred or where the injured person was at the time the injury was received;
- The nature and extent of the damage or injury together with a specific and detailed statement of how and under what circumstances the injury occurred;
- The names of all the persons who according to the knowledge or information of the claimant witnessed the happening of the damage or of the injury or any part thereof and the name of the doctors, if any, to whose care the injured person is committed.
3.28.020 Wrongful death suits--Notification--Information required. The city shall not be liable for damages for wrongful death unless the person, or one of the persons, entitled to recover such damages shall, within ninety days or within six months for good cause shown from the date of the injury or accident causing such death, give notice to the mayor substantially as required by Section 3.28.010 in personal injury cases; or unless the person who was injured and died as a result thereof, or someone for him, had given the notice required by Section 3.28.010.
3.28.030 Property damage, personal injury suits, and wrongful death suits notification--Swearing to notice required.
The written notice and statement required under Sections 3.28.010 and 3.28.020 shall be sworn to by the person claiming damages or by someone authorized by him to do so on his behalf.
Procedures to follow when filing a claim:
Provide the information required in Chapter 3.28 Claims Against the City, referenced above, in writing and sign the letter before a Notary Public; and
Mail letter to the Office of the Mayor, P.O. Box 1890, El Paso, Texas, 79950, with the following attachments
- three property damage estimates,
- photographs of damage, if any,
- accident report, if available,
- photocopy of Certificate of Title of damaged vehicle,
- photocopy of medical bills, if any, and
- doctor’s narrative.
Does the City hire outside counsel?
From time to time, the El Paso City Attorney's Office may need to retain the services of outside counsel. If you or your firm are interested in serving as outside counsel for the City of El Paso, please submit a cover letter which identifies areas of legal expertise to:
El Paso City Attorney's Office
P.O. Box 1890
El Paso, Texas 79950
Please be advised that the standard conflict of interests checks will be done. Outside Counsel will be asked to sign a letter of engagement or professional services agreement.
