By Mason W. Canales

Killeen Daily Herald

HARKER HEIGHTS – The City Council decided to postpone litigation with Nolanville on Tuesday in hopes of striking a deal about their respective future extraterritorial jurisdiction.

After almost an hour in a closed session with the city's attorney, Burk Roberts, the Harker Heights City Council reconvened in a regular meeting and put a stoplight in front of its possible litigation with Nolanville.

"I would like to make a motion to delay the litigation, so our mayor may set up a meeting with the mayors of Nolanville and Belton to work out an agreement," said John Reider, Harker Heights city councilman.

The motion was seconded and passed.

Nolanville asked if the mayors would meet and the mayors agreed, Mayor Ed Mullen said after the meeting.

Mullen didn't know when the meeting between the three mayors would take place, but he believed the attorneys could set it by the end of the month.

"I would like not to drag this on," Mullen said. "I think we could have a meeting in the next couple of weeks, and it shouldn't go past that."

Mullen also didn't know what the outcome of the meeting would be.

Heights, Killeen, Nolanville met in a similar manner to map out an agreement about ETJs in 2004, but it would not be the same because the cities now have different people in the mayoral positions, Mullen said.

The possible litigation between the cities has been discussed for the past month because of Nolanville's population count ordinance 2008-8084.

The ordinance declared the population count to be 5,000 people and to extend Nolanville's ETJ an extra half-mile. The method by which the count was conducted is a little sketchy when compared to a random survey by the Killeen Daily Herald.

The Herald survey found that Nolanville's population count sometimes counted homes twice, didn't count other homes and didn't account for vacancies.

The half-mile extension would interfere with Harker Heights' and Belton's extensions that they would receive if annexation ordinances are passed.

The City Council also approved the following:

A wind energy system ordinance that regulates windmills in Harker Heights.

A resolution to allow the staff to negotiate a contract for the engineering of water projects in the 2008 annexation service plan area.

Contact Mason W. Canales at or

(254) 501-7554.

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