Water, sewer analysis puts Devine utility half a million in the red within five years

By Anton Riecher
Without appropriate water rate increases the city of Devine could find itself nearly half a million dollars short in covering expenses within the next five years, according to a utility rate analysis prepared by a non-profit consulting group.
The analysis prepared by Community Unlimited, a national organization that provides technical assistance at no cost to rural communities shows that very little growth in water sales is anticipated in the near future.
“Unless I missed something you don’t have too many new customers,” Community Unlimited regional coordinator Raul Gonzales reported to the Devine City Council on Dec. 10. “So that doesn’t help.”
The city council took action to help resolve the issue in November, approving a water rate increase ranging from 21.5 percent for low-end residential customers to 38.8 percent for high-end commercial users effective January 1.
That increase is only part one of a two-step plan that would see the lowest level water rate increase 18.14 percent by October 2025 as required to obtain $11.5 million in state financing to cover the mandated replacement of lead water lines serving local homes.
Mayor Butch Cook prefaced Gonzalez’ report with….

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Devine Water Rate Hike Approved

The water rate hike was approved by Devine council to qualify for state funding.

By a 4-1 vote, the Devine City Council approved a water rate increase ranging from 21.5 percent for low-end residential customers to 38.8 percent for high-end commercial users, effective January 1 as a first move in putting the utility back on a paying basis.
Mayor Butch Cook said that in his 18 months in office he has heard more complaints about the proposed rate increase than any other action by the city council during that period.
“It’s a balancing act from hell,” he said.
District 4 Council Member Josh Ritchey was alone in opposing the motion of the water rate proposed, he approved of the sewer rate. Throughout the meeting, Richey expressed his concerns that the rates should be even more than the current motions to fulfill the financial obligations.
The motions were taken during a special session held Nov. 7.
Council approved a 37.1 percent increase in the city sewer rate.
Council approved a 21.5 residential to 38.8 percent increase for high-end commercial users in the water rates.
The water rate increase is part one of a two-step plan that would see the lowest level water rate increase 38.14 percent by October 2025 to move forward with obtaining $11.5 million in financing from the state to cover the mandated replacement of lead water lines serving Devine homes.

“If the city does not put the water utility back on a financially solvent basis it will not qualify for that financing,” Cook said.
“The state is offering a pool of money,” he said. “If we don’t qualify, we’re not going to get it. We’ll be on our own facing the same mandate that everyone else is facing, which is substantial.”
For low-end residential customers equipped with three-quarter inch water meters, the monthly water bill will jump from the current $38.14 to $47.33 in January. If the council proceeds with the second step in the rate increase, that monthly bill will jump to $56.52 next October.
At least 827 customers out of the 1,700 accounts served by the water utility receive the lowest rate of service.
The rate varies based on the size of the meter and the tier of service the customer receives. The lowest tier, ranging from 1,000 gallons to 5,000 gallons monthly, pays an additional fee of $5.50/per thousand gallons.
Commercial customers ( currently there is only one- Walmart) served by 8-inch meters will see a rate increase in January from $911.64 a month to $1,351.05 a month.

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Story by Anton Riecher

Rare Stage 5 restrictions for water use could hit Devine soon

MESSAGE FROM THE MAYOR Butch Cook:
If the Edwards Aquifer Recharge Zone doesn’t receive a substantial amount of rain in the near future, the City of Devine may find it necessary to implement Stage 5 Water Restrictions for what is more than likely, the first time ever. I was on the City Council when the Edwards Aquifer Authority (EAA) began operating in 1996 when the city was required to pay for its allotted acre feet of water, which is now approximately $6000 per month of tax payer money. The EAA was originally formed to prevent a federal takeover of the aquifer under the Endangered Species Act; to preserve and protect the valuable state water resource, along with the endangered species in the aquifer-fed Comal and San Marcos Springs which satisfied federal requirements.
Even though the City of Devine doesn’t sit above the Edwards Aquifer, most of our public water comes from the Edwards from our two wells on FM 1343, which is pumped into the city storage tank by Warhorse Stadium, and then into our two water towers – so we are at their mercy and must abide by their guidelines for the acre feet we use.


Here is where the confusion comes in with regards to Stage 4 and Stage 5 restrictions: when the aquifer level drops to certain levels at key locations, the EAA reduces its allotment to the City of Devine by pre-determined amounts for Stage 4 and Stage 5. We began the year with an allotment of 911 acre feet which was then reduced 37% to 750 feet for Stage 4, and will soon be reduced even further for Stage 5.
The EAA provides a list of recommendations to consider for compliance; however, they are not individual mandates and each city is allowed to determine which guidelines it will follow, if any. The City of Devine can decide what its requirements are for each stage but if the City exceeds its allotted acre feet by the EAA, there will be a SUBSTANTIAL FINE imposed on the tax payers.
Stage 5 recommendations by the EAA include:

  • All outdoor irrigation, including drip irrigation, hand held watering and watering with buckets is prohibited at all times.
  • The filling, refilling or adding potable water to private swimming, wading or Jacuzzi type pools is prohibited.
  • Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is prohibited.
  • No applications for new, additional, expanded, increase -in-size water service connections, meters and service lines shall be allowed or approved.
  • Aesthetic water use is prohibited. Basically any non-essential use of water. My personal opinion is not allowing hand-held watering to keep valuable trees and plants alive is not required at this time. The City of Devine is in good shape to finish the year under the required quota by the EAA with the mandates imposed in Stage 4, but only with a concerted effort to manage and conserve our water usage – especially the watering of lawns with sprinkler systems which currently is not allowed. This mandate does not pertain to those who have private wells which pull from the Carrizo aquifer.
    Recent posts on our City of Devine City Hall Facebook page were intended to alert the community to the Possibility of severe sanctions.
    Fortunately, November and December are historically lower-usage months with less need for watering lawns that are about to go dormant, but we have been in an incredible drought for quite awhile.
    Special Meeting Nov. 7
    This issue will be discussed at length and how to proceed at a Special City Council meeting next Thursday, November 7, 6:00 pm at the Community Center.

City forced to enact steep water rate increases

By Anton Riecher
A two-step water rate increase of nearly 20 percent over the next year may be necessary for Devine to move forward with obtaining $11.5 million in state financing to replace lead water lines.
The Devine City Council, meeting in special session on Oct. 22, voted to meet again in two weeks to give city staff time to further analyze the results of a long-awaited water and sewer rate study in preparation for a final proposal on the increase.
Investment consultant Mark M. McLiney, senior managing director of SAMCO Capital, told the council that the results of the rate study, ordered as part of the city’s planned application to the Texas Water Development Board for financing, showed that the water utility lost roughly $350,000 in fiscal year 2023.
“After paying all your bonds you are reaching into your reserves to make bond payments,” McLiney said.


City Administrator David Jordan said that prior to the last water rate increase approved in 2018 the council had historically approved annual increases of between two and five percent to deal with maintenance and operation.
However, the increase in 2018 came in the wake of the Texas Commission on Environmental Quality determination that local drinking water exceeded minimum contamination levels for asbestos, forcing the city to borrow $9.6 million for line replacement.
“They had one of two options,” Jordan said. “When they did increase the rates, option one was raise it enough to pay for the debt service, and option two was raise it enough to pay for the debt service as well as maintenance and operations.”
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Devine Council debates city salary increases for coming budget

By Anton Riecher
Debate among the Devine City Council members concerned the upcoming city budget centered on balancing the yet to be determined tax rate against salary increases for the city staff during a budget workshop August 20.
Mayor Butch Cook said the biggest component of the new budget will be wages and salaries.
“We still have time to announce the tax rate but the sooner the better,” Cook said. “I personally don’t know how you can do a budget unless you know what the revenue is going to be.”
Previously the council members had agreed to pay no less than $20 an hour to any city employee who has worked for the city at least two years, Cook said. Also, the majority of the council had agreed to merit based salary increases as opposed to cost of living increases.
Precinct 3 Council Member Jeff Miller said that COLA (cost of living increases tend to have a detrimental effect on the basic skills available to the city staff. COLA increases lead to problems filling positions that are not paid enough to attract applicants or keep them once hired.


“That causes problems like people having training issues (with jobs that) have a learning curve,” Miller said. “Then you have department heads constantly putting people in training or just hoping they can find somebody trained.”
The result “wastes a lot of time where (the department heads) are spinning their wheels.”
Miller said the city staff already has “at lot of people at the top of their scale for their certifications.”
“There’s already concern out there that we have some people earning too much money,” he said.
District 5 Council Member Debbie Randall countered that failure to raise salaries risk key employees feeling undervalued.
“My opinion on this was that we’re telling those people they’re not worth getting a raise for all the work they’ve done in the last two years,” Randall said.
Last year the council granted two percent increases for upper income salaries on the city staff and six percent for workers earning less than $60,000.
“They got two percent last year,” Randall said. “And now we’re saying maybe, maybe, now two percent.”
District 4 Council Member Josh Ritchey said the labor market has tightened significantly of late.
“We’re operating on a very low income, a very limited amount of value, and I don’t want to increase taxes too much more.”
Miller said the council needs to look at the greater picture “and the greater picture is we don’t want to raise the tax rate.”
“You’re playing with fire at this point,” Miller said. “People have already had their appraised values jacked way up.”
City now looking for third contractor to complete water project
In other business, the city now finds itself looking for a third utility contractor to complete its $9.9 million asbestos water line replacement project after Qro Mex Construction abandoned the 90 percent complete first phase.
City Administrator David Jordan briefed the council on the situation during its regular session following the budget workshop.
Quo Mex bid $3.4 million to take over the project after the city terminated its agreement with the initial contractor, Jordan said. However, in April, Quo Mex notified the city that it was temporarily “demobilizing” the Devine project to devote full time to a $30 million project it had underway in San Antonio.
The plan called for Quo Mex to return to Devine in June to complete the first phase of the water line replacement. However, Quo Mex representatives notified the city that it would require mapping of the existing water lines and cut off valves to complete the project.
“I articulated that that was not part of the agreement initially,” Jordan said. “(Quo Mex) did the job knowing that (they) had to search for the pipes.”
Disagreement also arose concerning the inventory of materials on site when Quo Mex took over from the previous contractor. The value of the materials already on hand when Quo Mex took over was $400,000, Jordan said.
“All of a sudden they reviewed the records and realized they undervalued the materials on site,” Jordan said. “They’re asking for an additional $77,000.”
Jordan said he rejected the request. He also rejected a request for an additional $95,000 in costs to Quo Mex to re-activate the work in Devine.
“At this point I think it’s a mutually agreeable situation that they do not come back to the city to finish,” Jordan said.
The 10 percent of the project left involves water lines along Devine Drive, Colonial, Davis and East Davis. Also left to be done are new tie-in valves at several locations including Windy Knoll.
Questioned by Randall, Jordan said that $3.392 million of the $9.9 million borrowed by the city for the project still remains. At least four more months of work remains, not including the necessity of renewing work permits for the project.
Miller urged Jordan to move forward quickly on finding a new contractor.
“That last 10 percent should be done as soon as possible because the cost keeps going up,” Miller said.

Water tank roof repairs, something
Maquire “does all the time”
Regarding other infrastructure work, the council heard a presentation from a representative of Maquire Iron, Inc., the company taking charge of repairing the city’s main above ground water storage tank near Warhorse Stadium.
City administrator Jordan asked for details on dealing with tanks the age of the city tank and the process of taking it off line to make the necessary repairs.
The Maquire representative said that tanks such as the one serving Devine are usually built with a 100-year life expectancy.
“Your tank is from 1952 and is 72 years old,” the representative said. “You’re not at the maximum age.”
The tank has no visible external corrosion and does not leak, she said.
“What we’re looking at is holes in the roof,” the representative said. “This is something Maquire does all the time.” The company has two such projects already scheduled for the coming year.
“The major cause of the decline of the roof is off gassing of high levels of chlorine,” she said. “There is no working vent on the tank. The vents that are on the tank are undersized.”

Reject West Texas Gas 57% hike
Another utility issue addressed by the council was gas service. On a motion by Randall, the council rejected a requested 57 percent rate increase submitted by West Texas Gas to the Texas Railroad Commission.

City outlines Generator purchase fiasco

The following is a press release by the City of Devine. 
In July 2021, our city applied for grants to purchase two new generators to enhance our water infrastructure. The grants were funded under the American Rescue Plan (ARP). The ARP grants were administered by the Texas Division of Emergency Management. The decision to submit the grant applications was made by the Devine City Council. The grant applications were approved, and the City secured $1,196,558.00 in grants. The grant money was paid to the City in two installments.
 Initially, Cleary Zimmerman Engineering was chosen for engineering services for the generator project. However, after discovering that Navarro Electric, Inc. offered a more cost-effective solution, Navarro Electric was selected to replace Cleary Zimmerman Engineering.
Navarro Electric would be purchasing the generators from a generator manufacturing company, Total Energy Solutions. This action was approved by City Council. Navarro Electric received a down-payment of $307,842.16, with the intention that this money would be paid to Total Energy Solutions. A portion of the down-payment was paid to Total Energy Solutions.


 After consultations with the City’s grant administrator, it was determined that the grant guidelines required that the payment be made directly to Total Energy Solutions. Total Energy Solutions was contacted by the City and told that, in order to comply with the grant guidelines, the money paid to Total Energy Solutions had to be refunded to Navarro Electric.
 After the money was refunded to Navarro Electric and paid to the City, it would be paid by the City directly to Total Energy Solutions. Total Energy Solutions refunded the money to Navarro Electric. Despite numerous requests for repayment made to Navarro Electric by the City from August 2023 through November 2023, Navarro Electric did not repay the money to the City.
 In November 2023, after the appointment of David Jordan to the position of City Administrator, Mr. Jordan notified the City Council about Navarro Electric’s refusal to repay the City. The City Council made the decision to pursue criminal charges against Justin Navarro, the principal of Navarro Electric.
Subsequently, Justin Navarro was indicted by the Medina County Grand Jury. Navarro pleaded nolo contendere (no contest) to the charges. The Medina County District Court placed Navarro on four years’ deferred adjudication probation. As part of his probation, Navarro was ordered to: (1) return the money to the City of Devine; (2) perform 50 hours of community service; (3) complete an anti-theft class; and (4) write a letter of apology to the City of Devine.
In early 2024, 100% of the funds held by Navarro were successfully returned to the City of Devine. 
The City of Devine remains steadfast in our commitment to transparency and fiduciary responsibility in managing public funds and ensuring the timely completion of crucial projects such as the generator installations.
 For further details, please contact the City of Devine. 
 David L. Jordan
City Administrator

Devine may close Oak Hill Drive to big rig parking

By Anton Riecher
A proposal to close Oak Hill Drive near Wal-Mart to overnight truck traffic is under consideration by the Devine City Council in view of ongoing street damage and concerns about traffic safety.
Council newcomer Jeff Miller, representing district three, said that trying to exit the Wal-Mart parking lot “makes for a very tricky left hand turn when you have those trucks jockeying over there,” referring to 18-wheelers traffic.
The heavy vehicles are also blamed for extensive…

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Two contested races for Devine Council

All three incumbents have re- filed for office as well as two challengers Jeff Miller and Ray Gonzales.
The City of Devine General Election will be held on Saturday, May 4, 2024 at City Hall.
Filing began in January as usual and the deadline to file was Friday, February 16, 2024. The deadline to file a declaration of write-in candidacy is 5 p.m. on the 74th day before election day which is February 20, 2024 (press day).
District 4 – Josh Ritchey (i) is the only candidate for District 4.
District 3 race will be between the incumbent Stacy Pyron and Jeff Miller.
District 1 race will be between the incumbent Rufino Vega and Ray Gonzales.

Devine debates mowing Little League Park and adding to Parks & Rec System

By Anton Riecher
The Devine City Council voted to cast its 81 votes for former county commissioners Jerry Beck to represent the city as a member of the Medina County Appraisal District board of directors. The action made official the council’s previously announced decision to back Beck.
Add Little League to city parks
The council discussed at length a proposal by Cook for the city to take charge of mowing the city’s Little League Park in the off season as part of the city’s renewed contract with local Little League.
“I personally would like the Little League Park to be part of our parks and rec system because we do own it,” Cook said.
However, Ritchey…

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Devine council special meeting on golf course chemical controversy ends with no action

By Anton Riecher
SG Golf Management co-owner Scott Grego was a no-show at a Devine City Council special meeting Oct. 24 held to resolve an ongoing controversy about $37,000 owned for the purchase of lawn chemicals during SG’s administration of the city golf course.
After lengthy discussion the council took no…

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