Lowered speed proposed for Highway 290
Keeping the wildlife wild
Diversifying the housing market
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News-Dispatch Volume XXXIX No. 35
Serving Western Hays County, Texas since 1982
75¢ Thursday, June 6, 2019
Dripping Springs secures $43M for wastewater system BY EXSAR ARGUELLO
Hats off to class of 2019
PHOTO BY ALBERT SANCHEZ
More than 400 Dripping Springs ISD students turned their tassels and tossed their hats Friday as they became the latest class of graduates from Dripping Springs High. The commencement ceremony was held at Tiger Stadium Friday. See more photos, page 5.
Animosity grows in contentious PEC board of directors race BY MOSES LEOS III
Pool himself has arisen in the race, as Pool and Allegations of improPowers battle each other. priety have been levied The third candidate in the against two of three candi- race is Kathi Thomas. dates running in a District Pool, in a May 21 letter 4 Pedernales to PEC’s Electric general “Unfortunately, counsel Cooperative (PEC) board and board so long as of director’s of directors, he skirts the race that’s accused grown diviPowers’ legally and sive in recent firm of beethically weeks. ing “deeply Joe Pool, involved” required a Dripping in state disclosures, Springs area and local attorney and governthe PEC candidate in ments and membership the District 4 municipalrace, alleges ities, some will be incumbent of whom irreparably board Vice negotiate a President PEC franharmed.” Jim Powers chise fee. potentially Pool also –Joe Pool, violated PEC requested PEC candidate for policy by not Powers be District 4 seat disclosing removed his area confrom the sulting firm as a possible ballot. conflict of interest (COI). Per PEC policy, a conflict Pool said he felt it was of interest exists if a direc“inappropriate” for Powers, tor or certain cooperative whom he called a “lobbyofficers have a personal ist,” to not list his firm, J.L. interest on a matter that an Powers and Associates, on “antagonism” could exist a required COI form. between personal interest But allegations against and the cooperative.
Who’s in the running for PEC District 4? • Jim Powers (incumbent) • Kathi Thomas • Joe Pool
How can I vote? • Online at https://www.directvote.net/pec/login.aspx? ReturnUrl=%2fPEC%2f • At a voting station in the lobby of a PEC office • Ballot information via regular mail • In-person at the annual PEC meeting Early voting for the PEC election runs through 11:59 p.m. June 14. The annual meeting is Saturday, June 22 at Horseshoe Bay Resort.
According to documents, Powers did not list any possible conflict of interest on PEC’s required form. However, determining if an actual conflict exists is “impossible” as Powers’ firm does not disclose who its clients are, Pool said. According to the J.L. Powers and Associates website, the firm provides
business consulting and strategic planning for “economic and infrastructure development,” as well as creating business partnerships and marketing and branding exposure. On his PEC biography, Powers lists J.L. Powers and Associates as a business and media consulting firm.
PEC BOARD RACE, 8
Travis County judge delays decision on pipeline lawsuit BY KATIE BURRELL A Travis County District Judge plans to take approximately two weeks before deciding the fate of litigation against Kinder Morgan and the Texas Railroad Commission. That was announced Wednesday by Travis County District Judge Lora Livingston after two full days of testimony from both sides of a contentious lawsuit. That litigation, filed by multiple parties that include Kyle and Hays County, seeks more oversight on the pipeline routing process, but also aims to stop Kinder Morgan’s use of eminent domain proceedings for its Permian
“There’s no oversight. Who can stop them from enforcing eminent domain, breaking rules and shutting off the pipeline.” –Renea Hicks, attorney for the plaintiffs
Highway Pipeline, a proposed 420-mile underground natural gas pipeline that could cut through the Hill Country. Hearings on the suit took place May 28-29 in the 261st District Court in Austin. Those in attendance included representatives and employees of Kinder Morgan, as well as the TRC, which oversees the oil and gas industries in Texas. Kinder Morgan
and the TRC are defendants in the case. On the other side sat city leaders and county representatives who are fighting the PHP, as well as property owners who said they’ve owned their properties for generations and have no intentions of moving. Kyle, Hays County and several property owners are plaintiffs.
PIPELINE LAWSUIT, 8
Crucial funding for Dripping Springs’ expansion of its wastewater treatment plant has been secured with the help of the Texas Water Development Board (TWDB). On April 10, the TWDB unanimously approved $43 million in financing from its Clean Water State Revolving Fund for the planning, acquisition, design and construction of the city’s wastewater system. The expansion of the wastewater plant, which was contested by private owners and water conservation groups, would allow the city, if needed, to discharge up to 822,500 gallons of treated effluent per day. City officials and leaders maintain discharge is off the table. They cited retention ponds at key developments and storage facilities that will prevent discharge from happening. In January, Dripping Springs entered into a reuse agreement with a golf course development in the Driftwood area. Per the agreement, the developers have committed to include
The Texas Water Development Board unanimously approved $43 million in financing from its Clean Water State Revolving Fund for the planning, acquisition, design and construction of the city’s wastewater system. various retention ponds on the project for the storage of treated wastewater. TWDB Board Member Kathleen Jackson commended the city’s efforts for reuse and expanding its wastewater needs. “A lot of time, when we talk about water supply, wastewater is an afterthought in the discussion,” Jackson said. “It’s great to see
WASTEWATER SYSTEM, 6
Wimberley hires legal firm as litigation looms BY EXSAR ARGUELLO With impending litigation looming, Wimberley city leaders May 29 opted to hire legal counsel separate from their city attorney. At a May 29 special meeting, the Wimberley City Council unanimously voted to engage Fletcher, Farley, Shipman & Salinas, LLP for representation in the Steve Thurber vs. City of Wimberley lawsuit. City Attorney Charlie Zech will not represent the city in the case; Zech did not provide a reason for the decision. Multiple sources told the News-Dispatch that Zech may be prevented from representing the city as they allege Zech was directly mentioned in the suit. (Zech’s name is not directly named in the suit.) However, language in the filing cited the “city attorney” in multiple instances. Zech said it was not necessary to explain why he would not represent the city in the lawsuit. It is unknown as of press time what Wimberley’s legal fees are anticipated to be. The move comes days after former Wimberley Mayor Steve Thurber filed suit against Wimberley. At the center of the lawsuit, filed May 17 in Hays County District Court, is the de-annexation of Sabino Ranch, a 96-acre tract of land that was effectively removed
At the center of the lawsuit is the deannexation of Sabino Ranch, a 96-acre tract of land that was effectively removed from the city’s municipal control after council approval on March 21. from the city’s municipal control after council approval on March 21. The property, owned by Scott Johnson, is adjacent to the property there the proposed boring will go under Cypress Creek. Pipeline installed via the boring would transport raw sewage to Aqua Texas, a third-party wastewater provider, for the city’s wastewater services, pending approval from the Texas Water Development Board. “We’re alleging that the discussion in executive session included that discussion about the easement, which was not presented to the public,” Thurber said. “Although we don’t know what happened in the meeting, documents tell the story of what could have happened.”
WIMBERLEY LAWSUIT, 6