City’s environmental franchise fee on trash bills is illegal tax, appeals court rules

El Paso Matters

by Elida S. Perez

The Texas 8th Court of Appeals Tuesday upheld a lower court’s decision that the city of El Paso’s environmental franchise fee tacked on to residential water bills is an illegal tax. 

The court ruling Tuesday creates the possibility that the city could have to refund tens of millions of dollars collected since the levy went into effect in 2015. The case was brought by former state Rep. Joe Pickett in a lawsuit against the city.

“The opinion says it’s an illegal fee, and so I’m entitled to ask for a refund, and so if I’m entitled to ask for one, everybody in El Paso that pays a garbage and water bill is entitled to ask for a refund,” Pickett told El Paso Matters.

City officials didn’t immediately respond to a request for comment from El Paso Matters. If the city wants to challenge the latest ruling, it could appeal to the Texas Supreme Court.

The city appealed District Court Judge Patrick Garcia’s August 2024 ruling that the fee was unconstitutional and should be discontinued based on the lawsuit first filed by Pickett in October 2020.

The appeals court and trial court sided with Pickett that the $6 franchise fee is an illegal tax and not lawful “because the city used it primarily to raise general revenue rather than to cover the actual costs associated with garbage trucks’ wear and tear on city streets,” the opinion by Chief Justice Maria Salas Mendoza states.

SEE ALSO: Ex-lawmaker’s lawsuit accuses El Paso of hiding tax increases in water bills

The ruling means Pickett is entitled to declaratory and monetary judgment and a refund in the amount of fees paid from the time he filed the lawsuit in 2020 to the time of the final judgement. The city has 45 days to respond. 

Pickett-feeDownload

The ruling states that “because Pickett faced criminal penalties if he refused to pay

the fee, he paid it under duress as a matter of law, and the city is not immune to damages in the form of a refund.”

City of El Paso Environmental Services Department trash and recycling bins outside a Central El Paso neighborhood. (Dani Prokop/El Paso Matters)

At issue is the legality of the fee, approved in 2014 and implemented in 2015,  with the stated purpose of covering the cost of wear and tear on city rights-of-way by city sanitation vehicles.

The city has collected about $14 million per year from the franchise fee in recent years and anticipates collecting the same amount in the next fiscal year, city budget documents show. The city’s draft budget resolution for the next fiscal year states that the environmental service franchise fee will be used to support the city’s general fund expenditures for the  Streets and Maintenance Department.

Pickett sought damages of up to $100,000 and a declaratory judgment preventing the city of El Paso from charging him or his property the fee.

Garcia ruled in 2024 that Pickett was entitled to damages for the $6 monthly fee, attorney’s fees in the amount of $33,107, appellate attorney’s fees, and about $40,000 if the city appealed, court costs and prejudgment and post judgment interest.

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Pocatello limits residents to two yard sales per year

Par Kermani

POCATELLO, Idaho (KIFI) — Pocatello residents are limited to two yard sales per year under city code, and the city is reminding people of the rules as summer yard sale season begins.

According to the City of Pocatello, residents may hold one yard sale between January and June and one yard sale between July and December.

The city of Pocatello recently shared the reminder on social media, encouraging residents to review local regulations before posting signs and setting up sales.

In addition to the limit on the number of sales, residents are required to include sale dates on yard sale signs and remove those signs within 48 hours after the sale ends.

Officials say the rules are intended to reduce clutter and help keep neighborhoods clean and safe.

More information about city code requirements is available through the City of Pocatello.

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3 staff members arrested after investigation into Deanna Davenport Elementary special education classroom

Gabrielle Lopez

UPDATE (6:35 p.m.) — ABC-7 obtained the arrest affidavit for Ruth Julieta Flores and Cecilia Rocha-Lucero. Both detail the two allegedly witnessing Josue Urrutia yelling at students and failing to stop or report him.

Documents alleged that on May 5, Flores failed to report Josue Urrutia, who allegedly grabbed a student and yelled in his face.

According to the affidavit, video footage showed Urrutia allegedly pulled a student toward him by grabbing the front of his shirt. He yelled at the student for making him “look bad,” documents said. The report later said the student complained about a broken pencil to substitute teacher.

At one point, Urrutia asked if the classroom door was closed, documents said. When someone said yes, he allegedly continued yelling at the student and accused him of making him look like a pad person. He told the student to “be a man,” documents said.

He also allegedly grabbed the student’s hands out of his pockets and yelled at him to “act right” into his ear, documents said.

During this interaction, Flores was allegedly in the same classroom and told other students to sit down and read, documents said.

Flores also allegedly said she would tell the student’s parents he can’t do his work but can “go cry to a sub,” according to the affidavit.

On May 13, Canutillo ISD Police interviewed Flores. She told police she never saw an employee place their hands on a student and would report it if she did, according to documents.

Later on May 27, the student told officials Urrutia grabbed his hands and caused him pain, documents said. Documents said despite having the ability to help the student or report the interaction, Flores failed to take action.

In Rocha-Lucero’s arrest affidavit, documents said video footage showed her witnessing Urrutia yell at another student with autism.

On May 6, Urrutia appeared to tease a student by saying “Oooh, you’re in trouble.” The student said, “Shut up,” according to documents.

Urrutia then raises his voice and swiped notebooks and other materials off the student’s desk, documents said.

Documents said the student apologized several times while Urrutia allegedly kept standing over her and yelling. Rocha-Lucero did not intervene, stop Urrutia or report the interaction, documents alleged.

The student’s mother said her daughter was scratched either from Urrutia or from the items thrown from the desk, documents said.

During a forensic interview May 27, the student said her arm hurt during the interaction with Urrutia, documents said.

Documents said Rocha-Lucero failed to take action to protect the child or report the conduct, which is required by law.

The affidavit noted in both reports that Urrutia allegedly engaged in assaultive conduct in which a “reasonable person would believe that the child’s physical or mental welfare had been adversely affected.”

ABC-7 hasn’t obtained the arrest affidavit for Urrutia.

UPDATE (4:58 p.m.) — The Canutillo Independent School District Superintendent Josue Borrego sent a statement to ABC-7 about the arrests:

“Canutillo ISD remains steadfast in its commitment to protecting children and maintaining safe, supportive learning environments for every student we serve.

When concerns regarding the alleged improper treatment of students at Davenport Elementary School were brought to the District’s attention, we acted immediately. The employees implicated in the allegations were removed from campus, an internal investigation was initiated, and reports were made to the appropriate law enforcement agencies. Canutillo ISD has fully cooperated — and continues to cooperate — with law enforcement and prosecutors throughout the investigative process.

As a result of the District’s internal investigation and in accordance with District policies, four individuals involved in this matter are no longer employed by Canutillo ISD. We will continue working with the appropriate authorities to ensure that anyone found responsible is held legally accountable for actions that endangered the safety and well-being of children.

Our focus remains on supporting the students and families affected by this situation. Throughout this process, the District has worked closely with impacted families and will continue providing access to counseling services and other available resources.

Families place a special trust in our schools and educators, and we take that responsibility seriously. We expect every employee to share in the commitment to care for, protect, and support our students. The allegations and actions associated with this case represent a serious breach of that trust and fall far short of the standard of care our students and families deserve.

Canutillo ISD is actively reviewing its procedures, practices, and safeguards to identify additional measures that can further strengthen student protections and help prevent incidents like this from occurring in the future.

Nothing is more important than the safety and well-being of our students. We remain committed to ensuring that our schools are safe, secure, and supportive environments where every child can learn and thrive.”

EL PASO, Texas (KVIA) — Three employees at Deanna Davenport Elementary School have been charged after an investigation by the El Paso County Sheriff’s Office, EPCSO said Wednesday. One employee was charged with injury to a child/disabled person, the sheriff’s office said.

EPCSO’s Major Crimes Unit and the Canutillo Independent School District Police Department investigated the elementary school’s Special Education Behavioral Intervention Classroom staff members.

The investigation started after school administrators reported security footage showing “concerning interactions” between the employees and students, EPCSO said. Students were allegedly subjected to “assaultive conduct,” according to the sheriff’s office.

Investigators said several students in the classroom were allegedly subjective to inappropriate treatment while under staff supervision, according to EPCSO.

These are the staff members who have been charged, according to the sheriff’s office:

32-year-old Josue Urrutia, a paraprofessional, has been charged with three counts of injury to a child/disabled individual.

Total bond: $75,000

59-year-old Ruth Julieta Flores, a special education teacher, has been charged with two counts of failing to stop or report sexual or assaultive offense against a child.

Total bond of $40,000

27-year-old Cecilia Rocha-Lucero, a substitute teacher, has been charged with failure to stop or report sexual or assaultive offense against a child.

Bond: $20,000

The sheriff’s office said additional charges may be filed as new information becomes available.

ABC-7 reached out to obtain documents about the charges. This is a developing story.

Deanna Davenport Elementary is in Canutillo’s Westway area.

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Driggs airport reopens with shortened runway for repairs

Dylan Barfuss

DRIGGS, Idaho (KIFI)- Pilots flying in and out of Driggs-Reed Memorial Airport will have a shorter runway to work with for the next couple of months. A ruptured irrigation pipe underneath damaged a portion of the runway, causing potential structural weakness and concern that it would not support the aircraft.

The city discovered the damage on June 6th. Airport officials temporarily closed the airport to shorten the runway to 3,850 feet, avoiding the damaged section. The airport is now back open. Pilots who plan to take off or land at the airport must obtain prior permission from Airport Superintendent Billy Cyr at (607) 341-8041.

Repairs to the runway are expected to take 8-10 weeks. City Administrator Doug Self says the 12′ irrigation pipe that ruptured will be abandoned after the city repairs the runway.

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Jefferson City goes to court with Quality Inn operator over lodging tax records

Ryan Shiner

COLUMBIA, Mo. (KMIZ)

Jefferson City filed a lawsuit on Wednesday against the operator of the Quality Inn over records regarding its lodging tax.

Court documents show the city is suing DEAA Hospitality and Paresh Patel, of Peoria, Illinois, for not submitting records for the city’s lodging tax at the June 1 City Council meeting.

The petition says the City Council issued a subpoena on May 4 against the DEAA and Patel for its records – including daily records, third-part bookings and online travel agency bookings, invoices and billing statements, etc.  – for July 2024, November 2024 and May 2025.  

It also requested state tax returns for 2024 and 2025.

A motion to enforce the subpoenas was filed on Wednesday, as were summons for Patel and DEAA, court records show.  

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5 UTEP graduates selected for teaching, researching around the world

Gabrielle Lopez

EL PASO, Texas (KVIA) – Five recent University of Texas at El Paso graduates have been selected for the Fulbright U.S. Student Program. Wednesday, UTEP named the five alumni that now have the opportunity to teach and research around the world.

The Fulbright Program gives fellowships for research, teaching and graduate studies in more than 140 countries, according to UTEP. Participants represent the U.S. while engaging with communities from different cultures.

“These outstanding students and recent graduates have been awarded one of the nation’s most prestigious international honors,” said UTEP President Heather Wilson. “Their success reflects their hard work, as well as the exceptional educational opportunities and mentorship available at UTEP.”

Here are the Fulbright recipients from UTEP:

Jaen Ngassa Kemayo, who is going to Taiwan to teach English.

Felipe Martinez, who is going to Peru for research.

Lesley Rodriguez, who is going to Spain to teach English, share El Paso’s culture and traditional folklórico dance.

Mina Tavakoli-Nejad, who is going to the Slovak Republic to teach English.

Ashley Vargas, who is going to Nepal to teach English.

Four UTEP students have been chosen as Fulbright alternatives, the college said. These students could go to these countries if additional Fulbright awards become available, UTEP said.

Kyalani Butler could go to South Korea.

Carlso Castro could go to Spain.

Frida Terrazas-Holguin could go to Argentina.

Sophia Villalobos could go to Taiwan.

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Jefferson City man accused of sexually abusing child for years

Ryan Shiner

COLUMBIA, Mo. (KMIZ)

A 32-year-old Jefferson City man has been accused of sexually abusing a child from 2019-23.

Dakota Benton was charged with statutory sodomy of a child younger than 14 years old and first-degree child molestation. He is being held at the Cole County Jail without bond. A court date has not been scheduled.

The probable cause statement says the minor victim told their mother on June 1 that they were sexually abused by Benton from the time they were in fifth grade through eighth grade. Benton was described in court documents as being close to the family.

Benton allegedly asked the youth to help him with his lawn mowing business and told the child he had “feelings” for them, the statement says. Benton then allegedly abused the victim multiple times per week for years and the victim told law enforcement that they did not know how to say “no,” nor did they understand what was happening early on, the statement says.

Benton allegedly denied touching the victim, but did tell law enforcement that he watched pornography with the youth, the statement says.

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Death penalty off the table for man charged with murder in Brawley

Lynette Niebla

BRAWLEY, Calif. (KYMA) – Prosecutors decided not to seek the death penalty for a man charged with murder in Brawley Wednesday.

23-year-old Genaro Lemus was in court for a status conference in his first-degree murder case. He’s accused of murdering 43-year-old Steven Angulo back in February.

The prosecution’s decision comes after they weighed the death penalty last week.

Lemus‘ lawyer, Veronica Henderson, argued there was no evidence to justify the death penalty in the first place.

“You have to allege what are called special circumstances of which there are a number of things, including lying in wait and just speculation that anyone was lying in wait is not sufficient,” Henderson explained.

The judge previously warned that pursuing capital punishment would radically delay the trial as Lemus would require new counsel.

Lemus and his co-defendant, Nathan Matthew Garnica, are due back in court next month.

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San Elizario man charged for resisting arrest after allegedly leaving crash site

Gabrielle Lopez

EL PASO, Texas (KVIA) — The El Paso County Sheriff’s Office charged a man for allegedly driving away from a crash scene and resisting deputies during arrest.

Sunday, deputies went to the intersection of Chicken Ranch Road and Socorro Road in San Elizario for a crash. EPCSO said information indicated the driver of a Mazda purposely hit a pickup truck.

41-year-old Samuel Dominguez allegedly drove away in the Mazda and didn’t stop for law enforcement, EPCSO said. He later stopped at the 12900 block of Alnor Street, which was less than a mile away from the crash.

EPCSO alleged Dominguez resisted deputies during arrest. Deputies took him into custody after a “brief struggle.”

They transported him to the El Paso County Detention Facility and charged him with two counts of aggravated assault with a deadly weapon, resisting arrest and evading arrest. His bond totaled $102,000.

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Electric mobility grants to boost Central Oregon transportation access

Harley Coldiron

BEND, Ore. (KTVZ) — Several Central Oregon organizations are among more than a dozen across the state receiving e-mobility grants aimed at expanding access to electric transportation, from e-bikes and electric vehicles to charging stations.

The grants, funded through the Oregon Clean Fuels Program and administered by the Oregon Department of Environmental Quality, are designed to help organizations lower transportation costs, expand mobility, and improve charging access in the communities they serve.

In Central Oregon, Around the Bend Farms will use grant funding to purchase one electric truck and install two Level 2 chargers to support agricultural work and fresh produce distribution for marginalized communities across Central Oregon and the Confederated Tribes of Warm Springs.

The Central Oregon Avalanche Center will purchase two fully electric snowmobiles for forecasters, while Central Oregon Community College will add an electric van for campus mail delivery services.

Friends of the Children – Central Oregon will use the funding to help purchase two electric passenger vehicles to support youth and families across Deschutes, Jefferson and Crook counties.

Furnish Hope plans to buy one electric vehicle and one electric transit van to help deliver furniture to underserved households in Central Oregon.

The High Desert Museum will purchase four fully electric UTVs to provide staff with a quieter and more efficient way to move around the grounds.

The Mountain View Community Development will use its grant to buy one electric light-duty truck to deliver food and supplies and provide rides to appointments and other services for unhoused clients in Central Oregon.

In Madras, the North Unit Irrigation District will purchase two electric light-duty trucks and two Level 2 chargers for operations staff and district manager use.

The Rooted Homes will install 18 Level 2 chargers to support resident EV use and promote sustainable transportation as part of its broader clean energy and affordability model.

Other Oregon recipients include Anson’s Bike Buddies, the City of Bonanza, Crooked River Watershed Council, Friends of the Children – Klamath Basin, and Lloyd Eco District.

Pacific Power said the grants are part of a broader effort to make electric transportation more accessible across its service area. The company said the projects will help communities increase mobility, reduce costs and expand access to charging.

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