• October 31, 2014

Heights OKs Nolanville deal

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Posted: Wednesday, December 23, 2009 12:00 pm | Updated: 8:15 am, Thu Aug 16, 2012.

By Mason W. Canales

Killeen Daily Herald

HARKER HEIGHTS – The City Council on Tuesday agreed to Nolanville's memorandum of understanding to settle the lawsuit about Nolanville's population count and expanded extraterritorial jurisdiction.

The City Council met in a nearly 20-minute executive session to discuss the agreement, which Nolanville's City Council approved Thursday.

Mayor Ed Mullen was not present, so Mayor Pro Tem John Reider led the council through the meeting. A resolution for agreeing to the memorandum was approved by a 4-0 vote after the council reconvened to a regular session.

While the city did agree to the memorandum of understanding, the council wanted to make sure that everyone knew it is not agreeing to the population count, but rather making an ETJ agreement.

"The agreement speaks for itself," Reider said after the meeting. "However ... the agreement does not confirm Nolanville's population count."

The memorandum states the following:

Harker Heights and Belton will recognize Nolanville's expanded ETJ.

Nolanville will recognize Harker Heights' and Belton's ETJ agreements approved by their city officials before Nolanville approved its population count last December.

Nolanville's ETJ will include an area south of Farm-to-Market 439 but north of U.S. Highway 190 into the area north of Paddy Hamilton Road but south of FM 439 just to the west of Farm-to-Market 93, where there will be a dividing line.

Belton will not expand its ETJ west of the "dividing line" in the area and Nolanville will not expand east of the line.

Belton and Harker Heights will pay for the surveying cost of the "dividing line."

Harker Heights and Belton will reimburse Nolanville up to $20,000 in attorney's fees, which the city incurred during the dispute.

The agreement must be finalized within 60 days after each city council agrees to the document unless additional time is needed to complete the surveying; in that case, an extra 30 days will be granted.

The cities must submit a final judgment to the 169th Judicial Court, which was scheduled to hear the litigation in January.

Belton's city council also voted on the memorandum Tuesday.

Click on the following link to read the memorandum: www.kdhnews.com/f/story/mem_37943.pdf

Contact Mason W. Canales at mcanales@kdhnews.com or (254) 501-7554.

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