San Benito settles water plant lawsuit

SAN BENITO — After nearly three years, the city’s water woes may be coming to an end.

Officials are mum after agreeing to settle a lawsuit with companies behind the construction of the $17 million water plant they shut down about three years ago.

That means the city appears to be closer to re-opening the water plant built nearly 10 years ago.

City commissioners met in closed session with City Attorney Ricardo Morado before announcing the settlement Tuesday.

The city also agreed to settle with Cruz-Hogan Consultants, a local engineering firm whose president Orlando Cruz served as city engineer.

Cruz, who filed a counter-suit against the city, declined comment yesterday.

Now, officials plan to work to reopen the water plant they argued did not property operate.

Yesterday, Commissioner Carol Lynn Sanchez said some details behind the settlement remained incomplete.

“We don’t have any details on the settlement at all,” Sanchez only said.

In 2014, commissioners decided to shut down the city’s new water plant, filing a lawsuit arguing the plant had never property operated.

Commissioners then launched a $3 million project to turn the city’s 90-year-old water plant into the primary water source.

Mayor Ben Gomez said the city will begin work to reopen the new plant, which originally began operating in 2009.

“It’s been a long time coming,” Commissioner Esteban Rodriguez said. “It’s time for us to move this forward. It’s our duty to make sure the city gets what it paid for. They’ve been paying for something that hasn’t been working. Let (the new plant) do the job it was intended to do.”

Now, Rodriguez said the city will continue to maintain the old plant at least until it is able to make the new plant operational.

“We’ve got to maintain it so that it’s running properly until we get the new plant running,” he said.

The city’s lawsuit was scheduled to go to trial June 12.

Companies named in the lawsuit included Siemens Corp., U.S. Filter Wastewater Group Inc., Evoqua Water Technologies, and Cruz-Hogan Consultants.

In the lawsuit, the city argued the water plant never properly operated.

In 2014, city officials shut down the plant after its membrane filtration system failed to properly operate.

At the time, Cruz said he recommended the city replace the membranes to continue operating the plant, warning the old plant could fail.

Cruz estimated it would cost $1 million to make the plant operational.

In September 2016 and last January, the old plant shut down, cutting water service across town.

As part of an agreement, Harlingen provided the city with water used to serve homes and businesses.