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KTSM News – City challenges ruling on ‘Franchise Fee’ to support maintenance costs

Posted on August 14, 2024

EL PASO, Texas (KTSM) – The City of El Paso is preparing to appeal a recent court ruling challenging the validity of the City’s Environmental Franchise Fee, which appears on water bills, the City announced in a news release sent Wednesday, Aug. 14.

The City will be asking the Eight Court of Appeals to review the outcome of the 384th District Court’s recent ruling, according to the news release.

“As a home rule city, El Paso has historically implemented franchise fees to address the wear and tear caused by utility on our streets. Studies have demonstrated that large vehicles, such as those used by our Environmental Services Department for garbage collection, inflict significant damage to roadways,” read the news release.

The City said officials are “optimistic” that the Eighth Court of Appeals will uphold the legality of the City’s fee-setting practices and fiscal policies after reviewing the evidence and legal framework.

“The City maintains that its financial practices and fee structures adhere to legal and budgetary standards,” read the news release.

The city council recently approved a No-New-Revenue tax rate ordinance on Thursday, Aug. 1. This measure proposes a budget without any increase in the City’s portion of the tax bill, according to the City.

The city council is set to adopt the Fiscal Year 2025 Budget and Tax Rate on Tuesday, Aug. 20, with the new fiscal year beginning on Sept. 1.

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