EL PASO, Texas (KFOX14/CBS4) — The City of El Paso was granted an extension to appeal the court’s decision that the $6 monthly fee added to El Paso Water bills is an illegal tax.
The City said it is “exploring its options” as the new deadline to appeal is October 3.
RELATED: Appeals court again sides with taxpayer in City of El Paso water fee lawsuit
This legal battle, for what the City has called an “environmental franchise fee,” started nearly six years ago by former state Representative Joe Pickett.
In a lawsuit that Pickett won, the court found that the $6 monthly fee was originally supposed to be used to cover street maintenance costs caused by sanitation vehicles, where instead being used for various other purposes, including being placed into the city’s general fund and intended to purchase equipment for fire and police departments.
This shift in usage led the Texas 8th Court of Appeals to determine that the fee was excessive and functioned as an unauthorized tax rather than a service fee.
On July 21, KFOX14/CBS4 spoke with Pickett, who said the lawsuit is about more than a single fee and is aimed at ensuring taxpayers know how their money is being used.
“If you need money…come to us and tell us what you need, why, and what for. But I don’t believe that they’re doing that, and again, I don’t think the city council is looking closely at the budget,” Pickett said.
Pickett also said he plans to continue the fight even if the city takes the case to the Texas Supreme Court.
RELATED: Appeals court upholds ruling that El Paso environmental franchise fee is illegal tax
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