HomeMy WebLinkAboutRES 051226-5.F - Transfer of portion of CCN to City of KilleenRESOLUTION NO. 05 I ;Z �.� —J` - r
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS APPROVING THE "TEXAS WATER CODE
SECTION 13.248 AND 16 TEXAS ADMINISTRATIVE CODE SECTION
24.253 AGREEMENT REGARDING RETAIL WATER CERTIFICATE OF
CONVENIENCE AND NECESSITY SERVICE AREA TRANSFER,"
AUTHORIZING THE CITY ATTORNEY TO FILE A JOINT PETITION
WITH THE PUBLIC UTILITY COMMISSION OF TEXAS SEEKING
APPROVAL OF THE TRANSFER, FINDING THAT THE MEETING AT
WHICH THIS RESOLUTION WAS CONSIDERED WAS NOTICED
AND HELD IN COMPLIANCE WITH THE TEXAS OPEN MEETINGS
ACT; MAKING RELATED FINDINGS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Killeen, Texas ("Killeen") has requested the City of Georgetown,
Texas ("Georgetown") to transfer an approximately 8,669 acre tract of land situated in
Killeen's extraterritorial jurisdiction (the "Transfer Tract") out of Georgetown's Retail
Water Certificate of Convenience and Necessity ("CCN") No. 12369 into Killeen's Retail
Water CCN No. 10041 enabling Killeen to provide retail water service to the Transfer
Tract.
WHEREAS, Georgetown has no customers in or facilities in or serving the Transfer Tract,
and Killeen desires to be the utility provider to the area.
WHEREAS, the Georgetown City Council was briefed on this matter at an August 26,
2025 Workshop and again at a September 23, 2025 Workshop, both times expressing
support for the transfer.
WHEREAS, the Georgetown staff has evaluated the request and has no objection.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN TEXAS THAT:
Section 1: The City Council of the City of Georgetown, Texas ("City Council") does
hereby find that the foregoing Recitals are true and correct and adopts the Recitals by this
reference into this resolution for all purposes.
Resolution No. , 05)zems-F
Subject: Transfer of 8,669 (+/-) acres of land from Georgetown Water CCN to Killeen Water CCN
Date Approved: 2026 Page 1 of 3
Section 2: The City Council does hereby approve the "TEXAS WATER CODE SECTION
13.248 AND 16 TEXAS ADMINISTRATIVE CODE SECTION 24.253 AGREEMENT
REGARDING RETAIL WATER CERTIFICATE OF CONVENIENCE AND NECESSITY
SERVICE AREA TRANSFER," ("Transfer Area Agreement") attached to this Resolution
as ATTACHMENT 1, and authorizes the Mayor to sign and the City Secretary to attest.
Section 3: The City Council does hereby authorize the City Attorney to file with the
Public Utility Commission of Texas a joint petition (together with the City of Killeen)
requesting approval of the Transfer Area Agreement attached as ATTACHMENT 1 and
transfer of the Transfer Area out of Georgetown's retail water CCN and into Killeen's
retail water CCN, and to take all other actions necessary to secure PUC approval of
transfer of retail water CCN service area from Georgetown to Killeen.
Section 4: All resolutions that conflict with the provisions of this resolution are hereby
repealed, and all other resolutions of the City not in conflict with the provisions of this
resolution shall remain in full force and effect.
Section 5. If any provision of this resolution, or application thereof, to any person or
circumstance, shall be held invalid, such invalidity shall not affect the other provisions,
or application thereof, of this resolution, which can be given effect without the invalid
provision or application, and to this end the provisions of this resolution are hereby
declared to be severable.
Section 6: The City Council hereby finds and determines that the meeting at which this
resolution was considered was open to the public, and public notice of the time, place
and purpose of said meeting was given, all as required by the Texas Open Meetings Act,
Chapter 551, Texas Government Code.
Section 7: The Mayor is hereby authorized to sign this resolution and the City Secretary
to attest. This resolution shall become effective and be in full force and effect upon its
passage.
Attachment 1: Transfer Area Agreement (including attachments)
Resolution No. AaWti P -, • F
Subject: Transfer of 8,669 (+/-) acres of land from Georgetown Water CCN to Killeen Water CCN
Date Approved: 2026 Page 2 of 3
PASSED AND APPROVED on the 1 0` day of
2026.
ATTEST:
BY
Robyn Dens re, City Secretary
APPROVED AS TO FORM:
BY:
Skye Masso , City kttomey
City Attorney
CITY OF GEORGETOWN, TEXAS
B'
Jo
Resolution No. "WN 05112.E -5•F
Subject: Transfer of 8,669 (+/-) acres of land from Georgetown Water CCN to Killeen Water CCN
Date Approved: HA&A 12 2026 Page 3 of 3
TEXAS WATER CODE SECTION 13.248 and
16 TEXAS ADMINISTRATIVE CODE SECTION 24.253 AGREEMENT
REGARDING
RETAIL WATER CERTIFICATE OF CONVENIENCE AND NECESSITY SERVICE
AREA TRANSFER
This TEXAS WATER CODE SECTION 13.248 AND 16 TEXAS ADMINISTRATIVE CODE
SECTION 24.253 AGREEMENT REGARDING RETAIL WATER CERTIFICATE OF
CONVENIENCE AND NECESSITY SERVICE AREA TRANSFER (this "Agreement") is
made to be effective on the latest date accompanying the signature lines below (the "Effective
Date"), and is by and between CITY OF GEORGETOWN. TEXAS ("Georgetown"), a home rule
municipality organized and existing under the laws of the State of Texas, and CITY OF
KILLEEN, TEXAS ("Killeen"), a home rule municipality existing under the laws of the State of
Texas (individually a "Party," collectively, the "Parties"), in connection with the boundary lines
of the Certificates of Convenience and Necessity ("CCNs") held by Georgetown and Killeen for
the provision of retail water services to users pursuant to the Texas Water Code.
RECITALS
WHEREAS, Georgetown is a municipal "retail public utility" and is the holder of retail water
Certificate of Convenience and Necessity Number 12369 ("Georgetown CCN"), authorizing
Georgetown to provide retail water service to certain areas in Williamson, Burnet, and Bell
Counties; and
WHEREAS, Killeen is a municipal "retail public utility" and is the holder of retail water CCN
Number 10041 ("Killeen CCN"), authorizing Killeen to provide retail water service to certain
areas in Bell County; and
WHEREAS, Killeen desires to become the sole retail water service provider to the property within
the approximately 8,669-acre area shown on the maps attached as Exhibit A and incorporated
herein by this reference (the "Transfer Area"); and
WHEREAS, as of the Effective Date, Georgetown has no retail water customers in the Transfer
Area, nor does Georgetown have any retail water infrastructure facilities in or near the Transfer
Area; and
WHEREAS, because there are no customers in the Transfer Area as of the Effective Date, there
will be no rate change associated with this Agreement; and
WHEREAS, the Georgetown City Council and the Killeen City Council each considered and
approved this Agreement at meetings conducted in compliance with the Texas Open Meetings Act;
and
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged and confessed, the Parties hereto agree as follows:
13.248 Agreement (Georgetown — Killeen) Page 1 of 10
AGREEMENT
1. Recitals. The recitals herein set forth above are incorporated into the Agreement for all
purposes and are found to be true and correct.
2. Exclusive Agreement. This Agreement is an exclusive, one-time Agreement between
Georgetown and Killeen and the intent of the Agreement is to commence the regulatory
process to transfer a portion of the Georgetown CCN to the Killeen CCN for Killeen to provide
retail water service to customers in the Transfer Area for the Consideration.
3. Transfer of the Transfer Area. In accordance with Section 13.248 of the Texas Water Code
("TWC") and with 16 Texas Administrative Code ("TAC") Section 24.253, but at all times
subject to the terms and conditions of this Agreement and approval of the Public Utility
Commission of Texas (the "PUC"), Georgetown hereby agrees to the reduction and
modification of the boundaries of the Georgetown CCN to transfer or cancel the Transfer Area
portion of the Georgetown CCN shown in Exhibit A. In accordance with TWC § 13.248 and
16 TAC § 13.253, but at all times subject to the terms and conditions of this Agreement and the
approval of the PUC, Killeen hereby agrees to the expansion and modification of the boundaries
of the Killeen CCN to include the Transfer Area shown in Exhibit A. Other than the transfer
of the Transfer Area from the Georgetown CCN to the Killeen CCN, no other changes to the
Georgetown CCN or the Killeen CCN shall result from this Agreement.
4. Sale, Transfer, Merger Application or Petition. Killeen and Georgetown agree to take all
necessary steps to prepare, file, and advance an application or petition at the PUC to sell,
transfer and merge the Transfer Area from the Georgetown CCN to the Killeen CCN (the
"Joint STM Application/Petition") prepared in compliance with Texas Water Code § §
13.242(a), 13.301 and 16 Tex. Admin Code §§ 24.225(a), 24.239, 24.253, and any other
applicable laws, rules or policies and obtain all other necessary regulatory approvals, if any.
Killeen shall take the lead on preparing, filing, and advancing the Joint STM
Application/Petition, which must be approved by Georgetown prior to filing. Georgetown will
cooperate with Killeen regarding the preparation and filing of the Joint STM
Application/Petition, subject to Killeen's obligation to reimburse Georgetown when and as
required by Section 1.05 of this Agreement. Within thirty (30) days after the Effective Date
of this Agreement, Killeen shall file the Joint STM Application/Petition with the PUC. If the
Joint STM Application/Petition is contested, then: (a) if Killeen and Georgetown mutually
agree to pursue approval of the Joint STM Application/Petition by participating in the
administrative hearing process, Killeen shall take the lead in the litigation and Georgetown
will cooperate with Killeen in pursuing approval of the Joint STM Application/Petition and
Killeen expressly agrees to pay all litigation costs and expenses, including all reasonable
litigation costs and expenses incurred by Georgetown, but neither Party is authorized to enter
into any settlement agreement or agreed order, amend the Joint STM Application/Petition, or
alter the Transfer Area without the written consent of the other Party; or (b) if one Party
provides Notice to the other Party of its desire to withdraw the Joint STM Application/Petition
(the "Termination Notice") rather than participate in the administrative hearing process,
this Agreement will be deemed terminated effective on the date that the Termination Notice
was received, except that Killeen's obligation to pay Georgetown as and when required by
Section 5 of this Agreement shall survive termination. If on its own motion or after a contested
case hearing the PUC does not issue an order approving the Joint STM Application/Petition,
Georgetown -Killeen TWC 13.248 and 16 TAC 24.253 Agreement —Partial Water CCN Transfer Page 2 of 10
Killeen may, at its sole option, cost and expense, appeal the PUC determination or terminate this
Agreement. Notwithstanding anything in this Section to the contrary, Killeen's obligation to
reimburse Georgetown for fees, costs and expenses associated with the Joint STM
Application/Petition shall survive termination.
5. Reimbursement of Georgetown's Direct Costs. Killeen agrees that Georgetown shall not be
required to incur any costs associated with efforts to transfer the Transfer Area from the
Georgetown CCN to the Killeen CCN. As partial compensation for Georgetown's consent to
transfer the Transfer Area from Georgetown's CCN to Killeen's CCN, Killeen agrees to
reimburse Georgetown for all fees, costs and expenses incurred by Georgetown related to
negotiating and drafting of this Agreement, the Joint STM Application/Petition, and any other
related or required submittals and obtaining PUC approval of same including, without
limitation, staff time billed at the rate of $40.00 per hour, reasonable attorney's fees, mapping
services, and any other reasonable professional, administrative, or technical fees, costs and
expenses related to same ("Georgetown's Direct Costs"). On or before the close of business
on the day that is 45 calendar days after receipt by Killeen of a statement or invoice for
Georgetown's Direct Costs (the "Cost Reimbursement Due Date") Killeen shall pay
Georgetown the amount invoiced in readily available funds received via bank wire. Killeen
shall contact Georgetown to obtain bank wiring instructions at least seven (7) business days
before the Cost Reimbursement Due Date. Invoices or statements for Georgetown's Direct
Costs will be sent by Georgetown to Killeen on a monthly or other semi -regular basis as work
progresses and continue until the transaction contemplated by this Agreement are completed.
6. Statutory Compensation Analysis. The Parties acknowledge receipt of a compensation
analysis dated February 4, 2026 prepared by NewGen Strategies & Solutions, 275 W. Campbell
Road, Suite 440, Richardson, TX 75080, relating to the value of the Transfer Area calculated
using the factors set forth in TWC § 13.254(g) and finding that no additional consideration is
due for the decertification of the Transfer Area other than payment by Killeen of Georgetown's
Direct Costs: $5,804.67.
7. Killeen's Obligation to Serve. Upon PUC approval of the transfer of the Transfer Area to the
Killeen CCN, Killeen shall be responsible for providing retail water service to the Transfer
Area under such terms and conditions as are allowed under the Killeen CCN and any applicable
governmental statutes and regulations.
8. No Georgetown Obligation to Serve. Upon PUC approval of the revisions to its CCN
boundary removing the Transfer Area from the Georgetown CCN, Georgetown shall have no
obligation to provide retail water service to the Transfer Area.
9. Notice. The Parties contemplate that they will engage in informal communications with respect
to the subject matter of this Agreement. However, any formal notices or other communications
("Notice") required to be given by one Party to another by this Agreement shall be given in
writing, specifically refer to this Agreement, be addressed to the Party to be notified at the
addresses set forth below for such Party, and be delivered by both email and one of the
following three non -electronic forms of delivery:: (i) delivering the Notice in person, (ii)
depositing the Notice in the United States Mail, certified or registered, return receipt requested,
postage prepaid, addressed to the Party to be notified, or (iii) depositing the Notice with FedEx
or another nationally recognized courier service guaranteeing "next day delivery," addressed
to the Party to be notified. Notice delivered by email shall be deemed received when sent, unless
Georgetown -Killeen TWC 13.248 and 16 TAC 24.253 Agreement — Partial Water CCN Transfer Page 3 of 10
the sender receives a machine -generated message that delivery has failed. If the sender does receive
a machine -generated message that delivery has failed, the sender must telephone the intended
recipient at the phone number given below, obtain the correct email address, and re -send the Notice
to the correct address. Notice deposited in the United States mail in the manner herein above
described shall be deemed effective from and after the date reflected on the return receipt.
Notice given in any other manner shall be effective only if and when received by the Party to
be notified as reflected by a written receipt or confirmation. For the purposes of notice, the
addresses of the Parties, until changed as provided in Section 2.02of this Agreement, shall be
as follows:
Georgetown:
City of Georgetown
808 Martin Luther King, Jr. St.
Georgetown, Texas 78626
Attention: City Manager
►nga georgetowntexas.
Phone:
With required copy to:
City of Georgetown
809 Martin Luther King, Jr. St.
Georgetown, Texas 78626
Attention: City Attorney
ley,algi-oLip(a)geoi*getowntexas.gov
Phone:
Killeen:
City of Killeen
101 N. College Street
Killeen, TX 76541
Attention: City Manager
kcagle(a)killeentexas.gov
Phone:
With required copy to:
City of Killeen
101 N. College Street
Killeen, TX 76541
Attention: CityAttomey
I1c I c nlcrltsru;killeentexas.gov
Phone:
10. Change of Address for Notice. A Party may change its address for Notice by giving Notice
of such change to the other Party in the same manner as described in Section 9 of this
Agreement.
Georgetown -Killeen TWC 13.248 and 16 TAC 24.253 Agreement — Partial Water CCN Transfer Page 4 of 10
11. Governing Law. This Agreement shall be governed, construed, and interpreted in accordance
with the laws of the State of Texas. All acts required or permitted to be performed hereunder
are performable in Williamson County, Texas, and it is agreed that any civil action brought to
enforce or construe the terms or provisions hereof or to enjoin or require the performance of
any act in connection herewith, shall be brought in a court of competent jurisdiction sitting in
Williamson County, Texas. It is agreed that any administrative law action brought to enforce
or construe the terms or provisions hereof or to enjoin or require the performance of any act in
connection herewith, shall be brought at the PUC or its successor agency.
12. Severability. In the event one or more of the provisions contained in this Agreement shall for
any reason be held to be invalid, illegal, or unenforceable In any respect, such invalidity,
illegality, or unenforceability shall not affect any other provision hereof, and this Agreement
shall be construed as if such invalid, illegal, or unenforceable provision had never been
contained herein.
13. Unintended Omission. If any punctuation, word, clause, sentence, or provision necessary to
give meaning, validity, or effect to any other word, clause, sentence, or provision in this
Agreement is omitted, then it is hereby declared that such omission was unintentional and that
the omitted punctuation, word, clause, sentence, or provision shall be supplied by inference.
14. Limitation of Liability. In no event shall either Party or any of its respective officers,
directors, members, partners, shareholders, employees, agents or affiliates be liable for any
special, indirect, non -compensatory, consequential, incidental, punitive or exemplary damages
of any type, including lost profits, loss of business opportunity or business interruptions
irrespective of whether such damages are reasonably foreseeable or whether such claims arise
in contract, tort (including negligence, whether sole, joint, or concurrent or strict liability) or
otherwise, arising out of this Agreement.
15. Effect of State and Federal Laws. Notwithstanding any other provision of this Agreement,
the Parties shall comply with all applicable statutes or regulations of the PUC, the United States,
and the State of Texas, and any rules implementing such statutes or regulations.
16. Amendment. This Agreement shall not be amended except by written instrument signed by all
Parties to this Agreement.
17. Time. Time is of the essence in all things pertaining to the performance of this Agreement.
18. Authority for Execution. Georgetown hereby certifies, represents, and warrants that the
execution of this Agreement is duly authorized and adopted in conformity with the laws,
regulations, and ordinances applicable to the city. Killeen hereby certifies, represents, and
warrants that the execution of this Agreement is duly authorized and adopted in conformity with
the laws, regulations, and ordinances applicable to the city. Information pertaining to public
notice per 16 TAC§ 24.253(c)(2) and (3) is attached hereto under Exhibit B, incorporated
herein by this reference, consisting of a copy of the meeting agendas and minutes for the
meetings during which this Agreement was discussed and affidavits attesting to the date of
those meetings.
19. Foreign Terrorist Organizations. Georgetown represents and certifies that, at the time of
execution of this Agreement neither Georgetown, nor any wholly owned subsidiary, majority -
owned subsidiary, parent company or affiliate of the same (i) engages in business with Iran,
Sudan, or any foreign terrorist organization as described in Chapters 806 or 807 of the Texas
Georgetown -Killeen TWC 13.248 and 16 TAC 24.253 Agreement — Partial Water CCN Transfer Page 5 of 10
Government Code, or Subchapter F of Chapter 2252 of the Texas Government Code, or (ii) is
a company listed by the Texas Comptroller of Public Accounts under Sections 806.051,
807.051, or 2252.153 of the Texas Government Code. The term "foreign terrorist organization"
in this paragraph has the meaning assigned to such term in Section 2252.151 of the Texas
Government Code. Killeen represents and certifies that, at the time of execution of this
Agreement neither Killeen, nor any wholly owned subsidiary, majority -owned subsidiary,
parent company or affiliate of the same (i) engages in business with Iran, Sudan, or any foreign
terrorist organization as described in Chapters 806 or 807 of the Texas Government Code, or
Subchapter F of Chapter 2252 of the Texas Government Code, or (ii) is a company listed by
the Texas Comptroller of Public Accounts under Sections 806.051, 807.051, or 2252.153 of
the Texas Government Code. The term "foreign terrorist organization" in this paragraph has
the meaning assigned to such term in Section 2252.151 of the Texas Government Code.
20. Prohibition Against Boycotting Israel. As required by Chapter 2270, Texas Government
Code, Killeen hereby verifies that Killeen does not boycott Israel and will not boycott Israel
through the term of this Agreement, and Georgetown hereby verifies that Georgetown does
not boycott Israel and will not boycott Israel through the terms of this Agreement. For purposes
of this verification, "boycott Israel" means refusing to deal with, terminating business activities
with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or
limit commercial relations specifically with Israel, or with a person or entity doing business in
Israel or in an Israeli -controlled territory, but does not include an action made for ordinary
business purposes.
21. Entire Agreement. This Agreement and the attached Exhibits, which are incorporated into
this Agreement by reference, reflects the entire agreement among the Parties pertaining to the
subject matter hereof and supersedes all prior and contemporaneous agreements and
understandings of the Parties in the connection herewith.
22. Multiple Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be deemed an original, and which may be transmitted electronically, and all of
which together shall be construed as one and the same instrument.
23. Assignment. This Agreement may not be assigned by any Party, except by the prior written
consent of the other Party.
IN WITNESS WHEREOF, the Parties approved and executed this Agreement to be effective on
the Effective Date.
Georgetown -Killeen TWC 13.248 and 16 TAC 24.253 Agreement — Partial Water CCN Transfer Page 6 of 10
CITY OF GEORGFfTOWN, TEXAS
a Texas HomyAuleAunicipal Corporation
By:
Josh chroede; Mayor
ATTEST:
f
Robyn Dens re, City Secretary
APPROVED AS TO FORM:
Skye son, C' y ttomey
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on the day of UIRAor , 2026
by Josh Schroeder, Mayor of the City of Georgetown, Texas, a home -rule ci , on behalf of the
City of Georgetown, Texas.
(seal)
KAREN FROST .a` o
otary Public, State of Texas
Comm. Expires 05-24
•i a te,, 2028 Notary Public State of Texas
'' fill.2 ��` Notary ID 10536084
Georgetown -Killeen TWC 13.248 and 16 TAC 24.253 Agreement — Partial Water CCN Transfer Page 7 of 10
CITY OF KILLEEN, TEXAS
a Texas Home Rule Municipal Corporation
13v:
Kent Cagle, City Manager
ATTEST:
Laura J. Calcote, City Secretary
APPROVED AS TO FORM:
Holli Clements, City Attorney
STATE OF TEXAS
COUNTY OF BELL
This instrument was acknowledged before me on the day of , 2026
by Kent Cagle, City Manager of the City of Killeen, Texas, a home -rule city, on behalf of the City
of Killeen, Texas.
(seal)
Notary Public State of Texas
Georgetown -Killeen TWC 13.248 and 16 TAC 24.253 Agreement — Partial Water CCN Transfer Page 8 of 10
EXHIBIT A
TRANSFER AREA MAPS
4865-2843-2083, v. 2 Exhibit A Page 1 of 3
Index:
EXHIBIT B
PROOF OF NOTICES
Affidavit, and Certified Agenda and Minutes of City Council Meeting, City of Georgetown
2. Affidavit, and Certified Agenda and Minutes of City Council Meeting, City of Killeen
DIVIDER SHEET
AFFIDAVIT OF CHELSEA SOLOMON
(City of Georgetown, Texas)
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
On this day, Chelsea Solomon appeared before me, the undersigned notary public, and after I
administered an oath to her, upon her oath, she said:
1. "My name is Chelsea Solomon, PE. I am the Director of Water Utilities for the City of
Georgetown, Texas. I am more than 21 years of age and capable of making this affidavit
("Affidavit"). I have personal knowledge of the facts stated herein, which are true and correct.
2. I am employed as the Director of Water Utilities for the City of Georgetown and coordinate on
water utility issues directly with my colleagues at the City of Georgetown who prepare and post
notices of City Council Agendas at least 72 hours prior to City Council meetings in accordance
with the Texas Open Meetings Act.
3. I have prepared this affidavit to address Public Utility Commission Rule 24.253(c)(3) in support
of the City of Georgetown's joint petition with City of Killeen filed under Section 13.248 of the
Texas Water Code requesting approval of the Parties' Texas Water Code Section 13.248 Retail
Water Certificate of Convenience and Necessity Service Area Transfer Agreement (CCN
Transfer Agreement), which became effective on
2026.
4. I am aware of Public Utility Commission Rule 24.253(c)(3) which requires that `[i]f notice was
provided in accordance with paragraph (1) or (2) of this subsection, both parties to the contract
under this section shall ensure that the following are filed with the commission: an affidavit
attesting to the date that notice was provided and copies of the notice that was sent. Both Parties
are complying with paragraph (2) of Rule 24.253 (c) by submitting with our petition their respective
meeting agendas and meeting minutes, which reflect our respective notices to the public and action
taken regarding our above- referenced CCN Transfer Agreement.
5. By this affidavit, I am attesting to the date that the City of Georgetown notice was provided and
am attaching a copy of that notice -specifically, the City of Georgetown City Council's publicly
noticed agenda for its meeting held on , 2026, beginning at 6:00
PM as well as the minutes of that meeting showing the action taken to Approve the CCN Transfer
Agreement. I am personally aware that this notice was timely posted at least 72 hours in advance
of the meeting.
6. This affidavit is also filed in accordance with Texas Rules of Evidence 803(6) and 902(10) to
ensure this attached notice/agenda and minutes are helpful to the Administrative Law Judge and
admissible. These attachments are an exact duplicate of the original records and are true and
correct copies of the notice/agenda and minutes. It is the regular practice of the City of
Georgetown to make and/or maintain these types of records, or to incorporate into City of
Georgetown's records, at or near the time of each act, event, condition, or opinion set forth in the
records, or reasonably sooner thereafter. It is the regular practice of the City of Georgetown for
these types of records to be made by, or from information transmitted by, persons with knowledge
Exhibit B
City of Georgetown Affidavit Page 1
of the matter set forth in them, or to incorporate those documents into the City of Georgetown's
records. It is the regular practice of the City of Georgetown to make, keep or incorporate these
types of records in the course of regularly conducted business activity.
7. There are no retail water customers within the CCN Transfer Area."
By: IiAl
Chelsea Solomon
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was sworn to and acknowledged before me on WY444, j
,
2026 by Chelsea Solomon, Director of Water Utilities, City of Georgetown, T.4 as.
(seal)
am
KAREN FROST public, State of Texas.
Expires 0�242028ary in 10536084
Exhibit B
City of Georgetown Affidavit
otary Public tate of Texas
Page 2
STATE OF TEXAS §
COUNTY OF WILLIAMSON
I, Robyn Densmore, City Secretary for the City of Georgetown, Texas, am the legal custodian of the
City's files and records. I hereby certify that the attached are true, accurate and complete copies of
the City of Georgetown, Texas' instruments and records as those instruments and records are filed in
the official records of the City of Georgetown, Texas, specifically consisting of the certified agenda
for the City of Georgetown, Texas City Council meeting held on M eAAh 9(0, ,
2026 beginning at 6:00 P.M. and the signed and approved minutes of that Rieeting.
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument
By:
AMni)e
R yn Densmore, City Secretary
City of Georgetown, Texas
was sworn to and acknowledged before me on at
2026 by Robyn Densmore, City Secretary, City of Georgetow , Texas.
(seal) KAREN FROST
Notary Public. State of Texas
Comm. Expires 05-24-2028
Notary ID 10536084
Exhibit B
City of Georgetown Affidavit
IL-Z-t�t
Notary Public, State of Texas
Page 3
[INSERT GEORGETOWN CITY COUNCIL AGENDA AND MINUTES]
Exhibit B
City of Georgetown Affidavit Page 4
Minutes of the City Council
City of Georgetown, Texas
Tuesday, May 12, 2026
The Georgetown City Council met on Tuesday, May 12, 2026, at 2:00 PM at the Council and
Court Building, 510 W. 9th Street.
The City of Georgetown is committed to compliance with the Americans with Disabilities
Act (ADA). If you require assistance in participating at a public meeting due to a disability,
as defined under the ADA, reasonable assistance, adaptations, or accommodations will be
provided upon request. Please contact the City Secretary's Office, at least three (3) days
prior to the scheduled meeting date, at (512) 930-3652 or City Hall at 808 Martin Luther
King, Jr Street for additional information; TTY users route through Relay Texas at 711.
The following Members were in attendance: Amanda Parr, Kevin Pitts, Ben Butler, Ben
Stewart, Jake French, Shawn Hood, Doug Noble, Ron Garland, and Josh Schroeder
Mayor Pro Tem Pitts called the meeting to order at 2:01 p.m. Mayor Schroeder
arrived during Item 1.B on the Workshop agenda.
1. Policy Development and Discussion - Workshop
1.A Employee Recognition - Years of Service - April 2026
Presentation and recognition of the Years of Service and the value which the City
of Georgetown Employees add to the organization, presented to those who have
served at intervals of five years from the anniversary month in which they started --
David Morgan, City Manager and City Council
Page recognized employees with 5, 10, 20, 30, and 31 years of experience with the
City.
1.B FY27 General CIP and May 27 Bond Election Planning
Presentation and discussion regarding FY27 Parks, Facilities and Streets CIP
projects, and discussion on future bond planning for Parks, Facilities and Streets,
including a follow-up discussion on the May 2027 bond election -- Nick Woolery,
Assistant City Manager
Woolery presented and reviewed the previous bond elections, debt modeling, and
future capacity, and the FY2027 - FY2028 general CIP projects. Kimberly Garrett,
Parks and Recreation Director, then presented and reviewed the FY2027 - FY2028
parks projects, Blue Hole Park improvements, Park Capital equipment
replacement schedule, Bluffview Trail connection and low water crossing, Master
Plan medium priority park improvements, River Ridge Park renovations, and the
ADA Transition Plan projects. Jen Bettiol, CIP Manager, then presented and
reviewed the FY2027 - FY2028 facilities projects, the Library Feasibility Study, the
Recreation Center addition and renovation, Williamson County Animal Shelter, and
the YMCA construction
project. Woolery resumed the presentation and reviewed the future facilities
projects, the FY2029 - FY2038 debt capacity if the facility projects are funded, and
the future transportation projects. Garret then presented and reviewed the future
parks and trails projects, McMaster's artificial turf, South San Gabriel River Trail
regional trail, Smith Branch Trail South regional trail, SE Georgetown Utility
Corridor Regional Trail, trailheads and access, and San Gabriel Park Phase 4 project.
Woolery then asked the Council to provide needed feedback.
General discussion among Council and staff, including David Morgan, City
Manager, regarding the renovation of the parks administration building to provide
more office space and updated features; the future of the light and water works
building, future funding options for projects, what could trigger the need for a
sales tax increase in the future, prioritization of projects overall, road project
prioritization, when a committee would be necessary for considering projects, how
a future bond election could be packaged, timing of a possible future bond
election, modeling for future projects and possible bond elections, and timing for
calling an election.
Mayor Schroeder called for a break at 3.23 p.m. and resumed the meeting at
3.34 p.m.
1.0 Water Resources Update
Presentation and discussion regarding the City's long-term water resources --
Caroline Stewart, Strategic Projects Manager
Stewart presented and reviewed: how the long-term water supply deficit has been
reduced by 58% with the CCN sale; ways staff has been working to diversify the
City's water supply; Carrizo-Wilcox aquifer projects; water supply agreement term
sheet with Recharge; quantities of water being provided by Recharge in the future;
the pricing of water received from Recharge; how delivery shortfalls would be
addressed; water quality requirements; financial participation rights; operations
and maintenance; CCN updates; CCN election; Killeen and Jarrell water service
territory transfers; infrastructure and additional projects; Georgetown Regional
Water Initiative project status; Texas Water Development Board funding; aquifer
storage and recovery; and reclaimed and reused water.
The Council had no comments or questions on this item.
1.D Urban Forest Master Plan Review
Presentation and discussion of Urban Forest Master Plan -- Kelly Trietsch, Chief
Development Officer
Trietsch presented and reviewed the background of the Urban Forest Master Plan,
resources, project purpose, the project scope, next steps, timeline, and needed
Council feedback.
General discussion among Council and staff regarding ways to incentivize
homeowners to plant trees, tree health, and costs.
1.E Unified Development Code - Streetyard Landscaping
Presentation and discussion regarding updates to the Unified Development Code
to the Streetyard Landscaping Requirements for Non -Residential and Multi -Family
-- Ryan Clark, Planning Manager
Clark presented and reviewed the definitions of year, street, and street yard
landscaping; a visual representation of current landscaping requirements; staff
recommendations for changes to street yard requirements; and needed feedback
from Council.
General discussion among Council and staff regarding shrubs versus tree
requirements; sidewalks and accommodating shared -use paths; input received
from the UDC committee; setbacks for different use types; impacts on mixed -use
downtown projects; exceptions that could be issued; and the possibility of allowing
the Planning Director to waive certain cases.
Mayor Schroeder recessed into Executive Session at 4:41 p.m.
2. Executive Session
In compliance with the Open Meetings Act, Chapter 551, Texas Government Code, Vernon's
Codes, Annotated, the items listed below will be discussed in closed session and are subject
to action in the regular session.
2.A Executive Session 05.12.2026
Sec. 551.071: Consultation with Attorney
Advice from the attorney about pending or contemplated litigation and other
matters on which the attorney has a duty to advise the City Council, including
agenda items.
- Litigation Update
Long-term Water Supply regarding Recharge Water, LP and Upwell Water
- Austin Avenue Bridges
Sec. 551.072: Deliberation about Real Property
- 8th and Forrest
- University and Summercrest
- Deliberations regarding acquisition of a new drainage easement from property
owned byALJD-GTTX, LLC, and identified as WCAD Parcel ID R081207,
Georgetown, TX 78628, as part of the City's Memorial Drive Road Improvements
Project
Sec. 551.087: Deliberation Regarding Economic Development Negotiations
- Project Lost Mine Peak
- Project Gopher
- Project Twist
3. Regular Session - This portion of the meeting will begin no earlier than 6:00 pm.
Mayor Schroeder called the meeting to order at 6:02 p.m.
3.A Call to Order 05.12.2026
Pledge of Allegiance
Recognitions
- Retirement
- Tina Heine Level III Court Clerk Certification
- Teen Court Competition 1st Place Winners
- Texas Municipal Courts Education Center Traffic Safety Award for 2026
Actions out of Executive Session
Moved by Kevin Pitts; seconded by Jake French to Approve the authorization of
the City of Georgetown to acquire the necessary easement from a portion of the
following property with street address in Georgetown, Texas 78628 as follows 750
Memorial Drive owned by ALJD-GTTX LLC identified as WCAD parcel ID R081207 as
part of the Memorial Drive Improvements project; and further authorize the City
Manager to negotiate the final terms and consideration of the easement
acquisition and execute all necessary documents related to the Memorial Drive
Improvements Project in accordance with the terms discussed in Executive
Session.
Motion Approved: 7- 0
Voting For: Amanda Parr, Kevin Pitts, Ben Butler, Ben Stewart, Jake French, Shawn
Hood, and Ron Garland
Voting Against: None
3.13 Resolution -Canvassing Results of May 2, 2026 Special Election
Consideration and possible action to approve a Resolution canvassing the votes of
the May 2, 2026 Special Election, declaring the results to be official -- Robyn
Densmore, City Secretary
Densmore presented the item and noted that Proposition A for "The sale of a
portion of the City of Georgetown, Texas's water utility system located outside of its
corporate limits to national utility infrastructure in the aggregate principal amount
of not less than $20,000,00" was approved with 4,821 votes, equaling 82.52% of the
total votes cast.
Moved by Kevin Pitts; seconded by Ron Garland to Approve as presented.
Motion Approved: 7- 0
Voting For: Amanda Parr, Kevin Pitts, Ben Butler, Ben Stewart, Jake French, Shawn
Hood, and Ron Garland
Voting Against: None
3.0 Resolution - Canvassing Results of the May 2, 2026 General Election
Consideration and possible action to approve a Resolution canvassing the votes of
the May 2, 2026 General Election, declaring the results to be official -- Robyn
Densmore, City Secretary
Densmore presented the item and noted that the position of Mayor was
unopposed, City Council Member, District 2 was unopposed, and for City Council
Member District 6, Jake French was elected with 202 votes, equaling 61.15% of the
total votes cast.
Moved by Jake French; seconded by Ben Stewart to Approve as presented. Motion
Approved: 7- 0
Voting For: Amanda Parr, Kevin Pitts, Ben Butler, Ben Stewart, Jake French, Shawn
Hood, and Ron Garland
Voting Against: None
3.D Comments from Shawn Hood 2026
Comments from former Council Member, Shawn Hood and notes of appreciation --
Mayor Josh Schroeder
3.E Swearing In of Doug Noble 2026
Swearing in of elected Council Member District 2, Doug Noble -- Robyn Densmore,
City Secretary
Densmore administered the Statement of Appointed Officer and Oath of Office to
Noble.
3.F Comments from Doug Noble 2026
Comments from newly elected Council Member District 2, Doug Noble -- Mayor
Josh Schroeder
3.G Swearing In of Jake French 2026
Swearing in of re-elected Council Member District 6, Jake French -- Robyn
Densmore, City Secretary
Densmore administered the Statement of Appointed Officer and Oath of Office to
French.
3.H Comments from Jake French 2026
Comments from re-elected Council Member District 6, Jake French -- Mayor Josh
Schroeder
3.1 Swearing In of Josh Schroeder 2026
Swearing in of re-elected Mayor, Josh Schroeder -- Robyn Densmore, City Secretary
Densmore administered the Statement of Appointed Officer and Oath of Office to
Schroeder.
3.J Comments from Josh Schroeder 2026
Comments from re-elected Mayor Josh Schroeder -- Mayor Josh Schroeder
3.K Election of Mayor Pro Tem 2026
Consideration of election from the dais of a Mayor Pro Tem -- Mayor Josh
Schroeder
Moved by Jake French; seconded by Amanda Parr to Approve the appointment of
Kevin Pitts as Mayor Pro Tem.
Motion Approved: 7- 0
Voting For: Amanda Parr, Kevin Pitts, Ben Butler, Ben Stewart, Jake French, Doug
Noble, Ron Garland
Voting Against: None
31 Swearing in of Mayor Pro Tem 2026
Swearing in of Mayor Pro Tem -- Robyn Densmore, City Secretary
Densmore administered the Statement of Appointed Officer and Oath of Office to
Pitts.
3.M Comments from Mayor Pro Tem 2026
Comments from incoming Mayor Pro Tem -- Mayor Josh Schroeder
4. Public Wishing to Address Council
On a subject that is posted on this agenda: Please fill out a speaker registration form which
can be found on the table at the entrance to the Council Chamber. Clearly print your name
and the letter of the item on which you wish to speak and present it to the City Secretary
on the dais, prior to the start of the meeting. You will be called forward to speak when the
Council considers that item. Only persons who have delivered the speaker form prior to the
meeting being called to order may speak. Speakers will be allowed up to three minutes to
speak. If you wish to speak for six minutes, it is permissible to use another requestor's
granted time to speak. No more than six minutes for a speaker may be granted. The
requestor granting time to another speaker must also submit a form and be present at the
meeting.
On a subject not posted on the agenda: An individual may address the Council at a regular
City Council meeting by contacting the City Secretary no later than noon on the
Wednesday prior to the Tuesday meeting, with the individual's name and a brief
description of the subject to be addressed. Only those persons who have submitted a
timely request will be allowed to speak. Speakers will be given up to three minutes to
address the City Council. The City Secretary can be reached at (512) 931-7715 or
cs@bgeorgetowntexas.gov.
4.A Public Wishing to Address 05.12.2026
At the time of posting no one had signed up to speak.
S. Statutory Consent Agenda
The Statutory Consent Agenda includes non -controversial and routine items which may be
acted upon with one single vote. An item may be pulled from the Consent Agenda in order
to be discussed and acted upon individually as part of the Regular Agenda.
Moved by Kevin Pitts; seconded by Ron Garland to Approve as presented with the
exception of items 5.H and 5.J.
Motion Approved: 7 - 0
Voting For: Amanda Parr, Kevin Pitts, Ben Butler, Ben Stewart, Jake French, Doug Noble,
and Ron Garland
Voting Against: None
5.A City Council Minutes 04.28.2026
Consideration and possible action to approve the City Council meeting minutes
from the special and regular meetings held on April 28, 2026 -- Robyn Densmore,
City Secretary
5.13 Housing Authority Board Appointments
Consideration and possible confirmation of appointment of Brett Hauser, Austin
Long, and Franklin Stover as Non -resident Commissioners to the Housing
Authority Board, appointing Nikita Goodwin as a Resident Commissioner and
reinstating Denora Perry as a Resident Commissioner; complying with Local
Government Code 392, Subchapter C, Section 392.031, Section 392.0331 and Section
392.034 filling vacancies, establishing term limits for resident commissioners, and
establishing term lengths for regular
commissioners -- Josh Schroeder, Mayor
5.0 Resolution - ETJ Disannexation - Harper - 5.0009 Acres
Consideration and possible action to approve a Resolution to confirm the
disannexation of approximately 5.0009 acres of land from the City of Georgetown's
Extraterritorial Jurisdiction (ETJ), identified as Williamson County Appraisal District
Parcel R497216 and owned by Samuel Harper and Mary Elizabeth Harper -- Michael
Charles, Real Estate Services Coordinator
5.D Resolution - ETJ Disannexation - Smythe - 2.5 Acres
Consideration and possible action to approve a Resolution to confirm the
disannexation of approximately 2.5 acres of land from the City of Georgetown's
Extraterritorial Jurisdiction (ETJ), identified as Williamson County Appraisal District
Parcel R367915 and owned by Mark Smythe and Kimberly Smythe -- Michael
Charles, Real Estate Services Coordinator
5.E Resolution - Bluffview PID Maintenance Agreement
Consideration and possible action to approve a Resolution approving a
Maintenance Agreement between the City and Bluffview Master Community, Inc.,
relating to maintenance of certain areas and improvements within the Bluffview
Public Improvement District, making related findings and determinations, and
providing an effective date -- Nick Woolery, Assistant City Manager
5.F Resolution - Transfer of a Portion of Georgetown Retail Water Certificate of
Convenience and Necessity to the City of Killeen
Consideration and possible action to approve a Resolution approving the Texas
Water Code Section 13.248 and 16 Texas Administrative Code Section 24.253
Agreement regarding retail water certificate of convenience and necessity service
area transfer; authorizing the City Attorney to file a joint petition with the Public
Utility Commission of Texas seeking approval of the transfer -- Caroline Stewart,
Strategic Projects Manager
5.G Resolution - Transfer of a Portion of Georgetown Retail Water Certificate of
Convenience and Necessity to the City of Jarrell
Consideration and possible action to approve a Resolution approving the Texas
Water Code Section 13.248 and 16 Texas Administrative Code Section 24.253
Agreement regarding retail water certificate of convenience and necessity service
area transfer -- Caroline Stewart, Strategic Projects Manager
5.1-1 Resolution - Texas Water Development Board Application Filing
Consideration and possible action to approve a Resolution requesting financial
assistance from the Texas Water Development Board; authorizing the filing of an
application for assistance; and making certain findings in connection therewith --
Caroline Stewart, Strategic Projects Manager
Stewart presented the item and provided background on the item.
Discussion among staff, Council, and Jennifer Ritter with Specialized Public
Finance regarding interest rates.
Moved by Kevin Pitts; seconded by Jake French to Approve as presented. Motion
Approved: 7- 0
Voting For: Amanda Parr, Kevin Pitts, Ben Butler, Ben Stewart, Jake French, Doug
Noble, and Ron Garland
Voting Against: None
5.1 Resolution - Grant request to Safe Streets for All Program Call for Pavement
Marking and Sign Safety Management Plan
Consideration and possible action to approve a resolution of the City Council of the
City of Georgetown, Texas expressing support for the request of Federal
appropriations for the development of a Pavement Marking and Sign Safety
Management Plan -- Lua Saluone, Transportation Manager
5.J Water Supply Term Sheet with Recharge Water, L.P.
Consideration and possible action to execute a water supply term sheet with
Recharge Water, L.P. for the purchase of up to 34,000 acre feet of water per year --
Caroline Stewart, Strategic Projects Manager, Laurie Brewer, Assistant City
Manager Stewart presented and gave a history of the item.
Moved by Ron Garland; seconded by Kevin Pitts to Approve as presented.
Motion Approved: 7- 0
Voting For: Amanda Parr, Kevin Pitts, Ben Butler, Ben Stewart, Jake French, Doug
Noble, and Ron Garland
Voting Against: None
5.K Terminable Utility Easement with Pedernales Electric Cooperative, Inc.
Consideration and possible action to approve the conveyance of a terminable
utility easement to Pedernales Electric Cooperative, Inc., across a specific area
within Carey Park in order to provide electric service to the cabins that the City is
building in Carey Park, and to authorize the City Manager to execute the
terminable utility easement in a form substantially similar to the document
attached hereto -- Andrew Culpepper, Senior Assistant City Attorney - Real Estate
Services
5.L Agreement with Pedernales Electric Cooperative, Inc. for the Extension of
Electric Facilities
Consideration and possible action to approve an agreement with Pedernales
Electric Cooperative, Inc. for the extension of electric facilities within Carey Park in
order to allow for the extension of electric facilities needed in connection with the
City's construction of cabins within Carey Park, and to authorize the City Manager
to execute the agreement in a form substantially similar to the document attached
hereto -- Andrew Culpepper, Senior Assistant City Attorney - Real Estate Services
5.M Professional Services Agreement - Urbana Architecture for Needs Assessment
Study of culturally significant City -Owned Facilities
Consideration and possible action to approve Urbano Architecture firm for the
professional services associated with the Needs Assessment Study of the Culturally
Significant city owned facilities in a fixed fee amount of $80,000.00 -- Jennifer
Bettiol, CIP Manager
5.N Professional Services Agreement - Steinberg Hart Architecture for Phase II
Library Needs Assessment
Consideration and possible action to approve Steinberg Hart Architecture for the
professional services associated with the Phase 11 Library Needs Assessment, which
will evaluate the children's area, lobby, teen area, circulation desk and staff areas
for renovation in the sum of $190,925.00 -- Jennifer Bettiol, CIP Manager
5.0 Municipal Service Agreement - 2025-8-ANX - 3500 FM 971
Consideration and possible action to approve a Municipal Service Agreement
(MSA) for approximately 46.99 acres of City of Georgetown owned property
situated in the Joseph Berry Survey, Abstract No. 63, to be known as the Pecan
Branch Water Reclamation Facility, generally located at 3500 FM 971, Georgetown,
TX 78626 (2025-8-ANX) -- Ryan Clark, AICP, Planning Manager
5.P Temporary Construction Easement with Habitat for Humanity of Williamson
County
Consideration and possible action to approve a Temporary Construction Easement
on City -owned property with Habitat for Humanity of Williamson County
("Habitat") in order to allow Habitat to temporarily store building materials,
equipment, vehicles and other construction -related supplies, as needed for
Habitat's construction of affordable housing on property owned by Habitat and
near City's Property, and to authorize the City Manager to execute the Temporary
Construction Easement in the form substantially similar to the document attached
hereto -- Juan C. Rodriguez, Real Estate Program Manager - Real Estate Services
6. Legislative Regular Agenda
6.A Public Hearing - Bluffview Public Improvement District (PID)
Public Hearing on Proposed Assessments to be Levied against property in the
Bluffview Public Improvement District Improvement Area #1 -- Nick Woolery,
Assistant City Manager
Woolery presented the item.
Mayor Schroeder opened and closed the public hearing at 6:53 p.m. as there were
no speakers.
No action was needed on the item.
6.13 Second Reading - Levying Special Assessments for Bluffview Public
Improvement District (PID)
Second Reading of an Ordinance Levying Special Assessments for, • and
Apportioning the Costs of, Certain Improvements to Property in and for The
Bluffview Public Improvement District improvement Area #1; Fixing a Charge and
Lien Against All Properties within Improvement Area #1 of the District, and the
Owners Thereof, Providing for the Manner and Method of Collection of Such
Assessments; Providing for Penalties and Interest on Delinquent Assessments;
Making a Finding of Special Benefit to Property in the District and the Real and
True Owners Thereof, Approving a Service and Assessment Plan; Providing a
Severability Clause; and Providing an Effective date -- Nick Woolery, Assistant City
Manager
Woolery presented the item with there being no changes since the first reading.
He then read the Ordinance caption.
Moved by Kevin Pitts; seconded by Ron Garland to Approve as presented.
Motion Approved: 7- 0
Voting For: Amanda Parr, Kevin Pitts, Ben Butler, Ben Stewart, Jake French, Doug
Noble, and Ron Garland
Voting Against: None
6.0 First and Final Reading - Ordinance Authorizing Issuance of Bonds for
Bluffview Public Improvement District (PID)
First and final reading of an Ordinance authorizing the issuance of the "City Of
Georgetown, Texas Special Assessment Revenue Bonds, Series 2026 (Bluffview
Public Improvement District Project)"; approving and authorizing an Indenture of
Trust, a Bond Purchase Agreement, an Offering Memorandum, a Continuing
Disclosure Agreement and Other Agreements and documents in connection
therewith -- Nick Woolery, Assistant City Manager
Woolery presented the item and read the Ordinance caption.
Moved by Kevin Pitts; seconded by Jake French to Approve as presented.
Motion Approved: 7- 0
Voting For: Amanda Parr, Kevin Pitts, Ben Butler, Ben Stewart, Jake French, Doug
Noble, and Ron Garland
Voting Against: None
Adjournment
Mayor Schroeder ourned the meeting at 6:55 p.m.
These minutes er approved at the meeting of
Mayor Attest
AFFIDAVIT OF STEVE KANA, P.E.
ASSISTANT CITY ENGINEER
(City of Killeen, Texas)
STATE OF TEXAS
COUNTY OF BELL
On this day, Steve Kana, P.E. appeared before me, the undersigned notary public, and after I
administered an oath to him, upon his oath, he said:
1. "My name is Steve Kana, P.E. I am the Assistant City Engineer for the City of Killeen, Texas.
I am more than 21 years of age and capable of making this affidavit ("Affidavit"). I have
personal knowledge of the facts stated herein, which are true and correct.
2. I am employed as the Assistant City Engineer for the City of Killeen and coordinate on water
utility issues directly with my colleagues at the City of Killeen who prepare and post notices
of City Council Agendas at least 3 business days prior to City Council meetings in accordance
with the Texas Open Meetings Act.
3. I have prepared this affidavit to address Public Utility Commission Rule 24.253(c)(3) in
support of the City of Killeen's joint petition with City of Georgetown filed under Section
13.248 of the Texas Water Code requesting approval of the Parties' Texas Water Code Section
13.248 Retail Water Certificate of Convenience and Necessity Service Area Transfer
Agreement (CCN Transfer Agreement), which became effective on
, 2026.
4. I am aware of Public Utility Commission Rule 24.253(c)(3) which requires that '[i]f notice
was provided in accordance with paragraph (1) or (2) of this subsection, both parties to the
contract under this section shall ensure that the following are filed with the commission: an
affidavit attesting to the date that notice was provided and copies of the notice that was sent.'
Both Parties are complying with paragraph (2) of Rule 24.253(c) by submitting with our
petition their respective meeting agendas and meeting minutes, which reflect our respective
notices to the public and action taken regarding our above- referenced CCN Transfer
Agreement.
5. By this affidavit, I am attesting to the date that the City of Killeen notice was provided and
am attaching a copy of that notice -specifically, the City of Killeen City Council's publicly
noticed agenda for its meeting held on 2026, beginning at 6:00
PM as well as the minutes of that meeting showing the action taken to Approve the CCN
Transfer Agreement. I am personally aware that this notice was timely posted at least 72 hours
in advance of the meeting.
6. This affidavit is also filed in accordance with Texas Rules of Evidence 803(6) and 902(10) to
ensure this attached notice/agenda and minutes are helpful to the Administrative Law Judge
and admissible. These attachments are an exact duplicate of the original records, and are true
and correct copies of the notice/agenda and minutes. It is the regular practice of the City of
Killeen to make and/or maintain these types of records, or to incorporate into City of Killeen's
records, at or near the time of each act, event, condition, or opinion set forth in the records, or
Exhibit B
City of Killeen Affidavit Page 1
reasonably sooner thereafter. It is the regular practice of the City of Killeen for these types of
records to be made by, or from information transmitted by, persons with knowledge of the
matter set forth in them, or to incorporate those documents into the City of Killeen's records.
It is the regular practice of the City of Killeen to make, keep or incorporate these types of
records in the course of regularly conducted business activity.
7. There are no retail water customers within the CCN Transfer Area."
13y:
STATE OF TEXAS
COUNTY OF BELL
Steve Kana, P.E.
Assistant City Engineer
This instrument was sworn to and acknowledged before me on
, 2026 by Steve Kana, P.E., Assistant City Engineer for the City
of Killeen, Texas.
(seal)
Notary Public, State of Texas
Exhibit B
City of Killeen Affidavit Page 2
STATE OF TEXAS §
COUNTY OF BELL §
I, Laura Calcote, City Secretary for the City of Killeen, Texas, am the legal custodian of the City's
files and records. I hereby certify that the attached are true, accurate and complete copies of the City
of Killeen, Texas' instruments and records as those instruments and records are filed in the official
records of the City of Killeen, Texas, specifically consisting of the certified agenda for the City of
Killeen, Texas City Council meeting held on . 2026 beginning
at P.M. and the signed and approved minutes of that meeting.
STATE OF TEXAS §
COUNTY OF BELL §
This instrument was
(seal)
Laura J. Calcote, City Secretary
City of Killeen, Texas
sworn to and acknowledged before me on
2026 by Laura J. Calcote, City Secretary, City of Killeen, Texas.
Notary Public, State of Texas
Exhibit B
City of Killeen Affidavit Page 3
[INSERT KILLEEN CITY COUNCIL AGENDA AND MINUTES]
Exhibit B
City of Killeen Affidavit Page 4
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