El Paso City Council Work Session: Water Utilities Governance Presentation (September 15, 2025)
El Paso City Council Work Session: Water Utilities Governance Presentation (September 15, 2025)
The City Council held a work session on September 15, 2025, beginning at 9:04 AM, with a quorum present. The primary agenda item was a presentation and discussion on the creation and governance structure of the El Paso Water Utilities Public Service Board (PSB), presented by City Attorney Karla Nieman. The session also included public comment, followed by an executive session and subsequent votes on several items. The meeting adjourned at 12:47 PM.
Public Comments & Testimony
- Brian Morris, Chair of the PSB, expressed appreciation for the presentation and noted that the board is not a for-profit entity, emphasizing that rates cover costs and expenses. He clarified that the board is available for questions.
Discussion Items
- Presentation on PSB Governance: City Attorney Nieman provided a detailed historical overview, covering the creation of the water utility in 1952 via ordinance 752, the establishment of the stormwater utility in 2007, and the evolution of the board from five to seven members in 2009. She explained that the PSB is a component unit of the city, acting as an agent, and that the city retains ownership of all real property. Key points included: the board’s authority to set rates and approve budgets (with city council retaining debt issuance authority), the 10% stormwater fee set-aside for green projects, and the joint resolution process for land transactions. The 2021 resolution requiring quarterly reports and strategic integration was also discussed.
- Council Questions and Comments:
- Representative Acevedo raised questions about oversight and the delegation of responsibilities, noting that the council approves debt but lacks budget oversight. He requested an update on the five items from the 2021 resolution.
- Representative Maldonado-Rocha asked about the 10% green projects fund, how projects are identified, and whether the 5% city share from property sales could be reviewed.
- Representative Boyar Trejo inquired about disagreements between council and PSB, the frequency of quarterly reports, and joint emergency plans. She requested a deeper dive into the inexpediency process and joint resolutions.
- Representative Chávez sought clarification on the council’s ability to give direction to PSB, noting that direction is typically given via ordinance. City Attorney Nieman confirmed that the council, as the principal, can delegate or take back authority, but the enabling ordinance defines the board’s lane.
- Representative Canales urged caution in discussing changes to the governance structure, emphasizing that the PSB was created to keep water decisions apolitical and protect the system from shifting political whims. He noted that the utility is not for-profit and rate decisions should remain apolitical.
- Mayor Johnson asked about the cost to the city when taking land back for public use (25% of fair market value) and for private use (100% of fair market value), and confirmed that easements are generally secured.
- Response from Water Utility: John Balou (El Paso Water) addressed questions, noting that quarterly presentations are forthcoming, clarified that the 25% fee for land purchased with ratepayer funds, and highlighted that rates have remained constant relative to median household income over 20 years. He also noted the utility’s transparency and invited council to budget meetings.
Key Outcomes
- Executive Session Votes: After returning from executive session, the council took the following actions:
- EX1: Unanimously approved (8-0) a motion to deny the claim of Roberto Leon (Claim 745) and authorize the city attorney to take necessary steps.
- EX2: Unanimously approved (8-0) a motion to reject a settlement offer and participate in mediation in the case Ruben Aldaz v. City of El Paso.
- EX3: Approved (7-1) a motion to retain outside counsel and file suit against the Texas Attorney General regarding an open records request, with Representative Acevedo voting nay. The motion also included a directive to release a redacted version of the records.
- EX4: No motion, no action.
- EX5: Unanimously approved (8-0) a motion declaring that the city is legally prohibited from granting easements to the PSB (since they are a single entity), and outlining alternative provisions for joint use agreements, including rights of access, acknowledgment forms, and future procurement of easements from purchasers.
- EX6: No action taken.
- Adjournment: The work session adjourned at 12:47 PM.
Meeting Transcript
Well, good morning, everyone. We're going to call this meeting to order. Miss Bryan. Yes, sir. Good morning. This is a work session of the El Paso City Council from Monday, September 15th, 2025. It is 9 04 a.m. Mayor Johnson is president presiding in council chambers along with Mayor Pro Tim Chavez, Representative Acevedo, Representative Malonado Rocha, Representative Boyatrejo, Alternate Mayor Pro Tempiero, Representative Limot, Representative Canales, and Representative Nino is running a few minutes late this morning. Mayor, we have a quorum. Okay, Miss Travis, would you lead us in the Pledge of Allegiance? Under God is all the reaching justice overall. All right, Miss Bryan. Yes, sir. Item number one on the agenda this morning is a presentation and discussion on the creation and governance structure of the El Paso Water Utilities Public Service Board. Good morning, Miss Neiman. Can you all hear me? Yes, ma'am. Good morning. Good morning. Carla Neiman for the record. Um, I'm here to present um an item on the El Paso water utility governance and structure. This was done at the request of the mayor who requested that I go through this presentation. Our office has previously um done this presentation in August of 2021, so not all of it is brand new. There's a few additions to this PowerPoint, but it is something that we had previously discussed with the council um in 2021. Can I tea please pull up? Thank you. So here's an overview of the presentation. We'll go through some of the history um of the city in regards to water services, and then uh we'll talk a little bit about Al Paso water utilities and then the governing documents, both at the state and at the local level. And then you'll have an opportunity to ask questions, Mayor. At your request, you can ask questions, or we can wait till the end. So here's a history of El Paso water. We have to go back to the eight late 1800s. In 1882, we had Sylvester Watts who created the first um water works um company in Al Paso. It was a privately owned um water company, and in 1910, the City of Al Paso purchased um that water works company and took it public. In 1923, then the first water and wastewater treatment plan begins its operations. And then 30 years later, n the area here in our county sta uh experienced a severe flood from 1950 to 1957. It was at that time that our council and our our mayor decided that it would be a good idea to create a water utility um to prevent this from happening and then to preserve our most precious resource, which in 1952 the city established the public service board and the Al Paso Water Utility to manage the water service. In 1995, the state legislature then designated the public service board as the regional water authority or wastewater planner for the county of Al Paso. And then again, fast forward about 10 years later, we have a major flood, which you all remember with the 2006 floods. And in 2007, in response to those major flooding events all over the county, the city then created the stormwater utility, which we call the stormwater ordinance that happened in 2007. And then between 2007 and 2010, the city also made several amendments to the board, and I'll go through that in more detail as well as entering into various joint resolutions with the utility in regards to the use and disposition of city-owned property. So here is a little bit about El Paso Water. El Paso Water is a component unit of the City of El Paso. Again, they were created in 1952 through ordinance 752. It is currently governed by a seven-member board of directors, which is the public service board, which is appointed by the council, and the mayor has always been a member of the public service board since 1952. Back in 1952, you only had five board members, and I'll explain when that change happened from five to seven. And they are responsible for the provision of water services to the city as well as the surrounding areas, including water, wastewater, reclaimed water, and stormwater services. Stormwater services only began as of 2007. So here is our governing structure. So we have both chapter 1502 of the Texas Government Code and Chapter 552 of the Texas Local Government Code.
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