Editor's note: Apartment owners released this news release this afternoon, and Mayor John Cook responded with a statement shortly after. The Association lawsuit and request for a temporary restraining order can be found via the links below this article.
The Apartment Association News Release
Officials representing the El Paso Apartment Association (EPAA) and numerous apartment complexes in El Paso County announced at a press conference that they filed a lawsuit against the City of El Paso and the CEO of the Public Service Board (PSB) in the United States District Court today. The lawsuit alleges violations of the Fair Housing Act of 1968, a fee prohibited by the Texas Constitution because it is really a “tax,” and denial of equal protection.
James Martinez, the attorney representing EPAA and others stated, “There was no choice but to file a lawsuit to protect our legal objections to the fee. We are recommending that when the bills are paid, the payment is noted with “PAID IN PROTEST.”
Mr. Martinez explained that bills with fees 3 to 4 times that of single family detached homes have been received by apartment owners. He said that they are aware that after public outcry, the City has indicated that they will “fix” the storm-water fees, but no dates, details, or remedies of their plan have been offered, just as there were no notices of the proposed fees prior to the billing. In addition, the City has indicated that they will not change the way it calculates the fees for apartments with a single, shared meter.
Martinez added that the storm-water system established by the PSB/City unfairly discriminates against certain types of housing. Martinez stated, “The reality is that because renters in El Paso are disproportionately minority citizens, the fee is also discriminatory.”
The EPAA is a nonprofit Texas Corporation and trade industry group, representing owners and managers of 34,000 multi-family housing rental units in El Paso County, Texas. EPAA is an affiliate of the Texas Apartment Association.
The Response from Mayor John Cook
"The city acted legally and appropriately in establishing the Municipal Drainage District so we are confident we can defend it against a legal challenge. Given the fact that the PSB has publicly committed to revisit the fee structure to assure that it is reasonable and equitable, it is most unfortunate that the Apartment Association is acting impatiently."
Related Documents:
Licenciado
April 29, 2008
The progressive majority on City Council created the storm water utility to be managed by El Paso Water Utilities. So now if we don't pay our water bill, which includes the storm water utility fee, our water will be cut off.
Businesses will have to pass on the storm water utility fees to their customers.
So not only will we El Paso residents have to pay storm water fees in our water bills, but we will also have to pay the high business community's storm water fees through rising prices for everything we buy.
The only thing that will bring about a needed change in the arrogant attitude of City Council is to recall those City Council representatives who created the storm water utility. Lawsuits will drag on for years and will run up thousands and thousands of dollars in attorneys fees paid by City Council to law firms it hires to defend the lawsuits. We can have a recall election a lot sooner and the cost for a recall election will be a lot less.
Cook is Cooked NOW!
April 30, 2008
Thank God!! The ball is rolling now! What the city of El Paso and the PSB have done to business community is criminal. The city council and the PSB have admitted that they had no idea how many square feet were in a shopping center or a shopping mall. Bassett Place Mall will have to pay over $70,000.00 a year in this criminal act. Cielo Vista Mall will be out over a $100,000.00 a year. Small business owners all over El Paso are forced to pay $15,000.00 to $20.000 annually. And in some cases even more. School Districts will have to pay $2,000,000.00 plus. That’s Right! 2 MILION! What does that mean to YOU? Higher school taxes! El Paso Wake Up On This Issue!! Do not let this continue! There is a better way. Have city council recall this at once. Have this plan redesigned and brought back to the voters. El Paso can make the decision what is right. Not the Mayor or the PSB!
Marty
April 30, 2008
Dear Mayor and those that voted for these extra taxes and fees:
Just because you think something is LEGAL, does not make it right !
Just because you CAN get away with something, does not mean
that you SHOULD.
Well, then, this is your last term as an elected official. Because, I say so.
You have crossed the line of protecting the citizens and their
right to property ownership.
You have ruined the "bundle of sticks" of property ownership and now disenfranchised future and prospective property ownership from within El Paso, and investors from outside El Paso.
Tim Marathon
April 30, 2008
People of this city,
we need to unite and fight this rogue water utility and the elitiest which run it. Too much corruption which is hurting the wallets of us working people.
Timothy
Ken G
May 2, 2008
Bogus logic. Everyone pays the stormwater fee. It needs to be refined but it not a tax if every water user pays. When they start to add exemptions it becomes a tax that voters have not improved.