Carrizo Springs council approves variance to supply water to county sports complex; county cites 1964 contract

At a Carrizo Springs City Council meeting, the council voted to approve a variance allowing the city to provide water service outside its limits to a Dimmit County sports complex while reserving review of costs and account details for a later meeting. County representatives told the council a 1964 contract between Dimmit County and the city, they said, entitles county recreational facilities to water "for free in perpetuity."

Keith Franklin, a private-practice attorney from Laredo hired by Dimmit County, told the council he had presented a signed contract dated 1964 and pointed to a clause he read aloud: "all water reasonably required to operate and maintain any other recreational facilities . . . so long as such facilities continue to be maintained and operated by public or nonprofit organizations." Franklin said the county interprets that clause to cover the planned sports complex, which would sit within the 429.66 acres referenced in the document. "We believe that the sports complex would fall under that provision and be entitled to the water service free of charge according to this contract," Franklin said.

County officials including County Judge Martha Ponce and Commissioners Linda and Talamantes addressed the council in support of the project and framed it as a regional benefit. "We're here to work with the community," County Judge Martha Ponce said, asking the city and county to continue cooperating on the project. County representatives also told the council they expect the complex to draw visitors to Carrizo Springs and nearby communities such as Big Wells, Asherton, Brundage and Catarina, and that hotel-motel tax from events could help the city.

City staff and council members raised legal and procedural questions about the age and scope of the 1964 contract and said the council could not decide the question of whether the water would be provided free of charge at this meeting. City staff requested specific stipulations to any variance. "We do ask that if you approve the variance... that our water department supervises the work," said a city public-works representative, adding that the city would require permits, backflow prevention, installation inspection and a meter purchase. The council recorded those stipulations before moving to a vote.

Council members also noted the sports complex's planned construction and design when weighing water-use concerns. A county representative said roughly 80% of the complex would be artificial turf and landscaping also primarily turf, with a recycled splash pad; he characterized overall water use as minimal, with the splash pad and standard restrooms/concessions the largest water draws.

Council members and county attorneys agreed the 1964 contract appears to grant rights but that the document is old and could be amended only by the parties. City officials said they would review the contract text with the city attorney and revisit account and cost questions at the council's next meeting, which the mayor said will include an agenda item on water accounts covering the sports complex, the golf course and other water users.

The council approved the variance with the stipulations that the county purchase the meter, that connection work be performed under city permit, and that city water personnel supervise/inspect the installation and required backflow protection. The motion was made and seconded and passed by voice vote; no roll-call tally with names was recorded in the transcript.

Next steps: city staff will review the 1964 contract language with the city attorney and bring water-account details and any recommended changes back to council at a subsequent meeting so the council can address charges or account assignments for water service outside city limits.