Title
Hold a public hearing and consider an ordinance amending the corporate City limits of the City of Killeen, Texas (DA25-01) by disannexing approximately 126.71 acres of land, including Lots 1 and 2, Block 1 out of Live Oak Acres Addition and the remainder out of the James H. Evitts Survey, Abstract No. 287. The subject property is generally located on the south side of Chaparral Road between East Trimmier Road and F.M. 3481.
Body
DATE: November 18, 2025
TO: Kent Cagle, City Manager
FROM: Wallis Meshier, Exec. Dir. Of Dev. Serv.
SUBJECT: Petition for Disannexation
BACKGROUND AND FINDINGS:
On October 1, 2025, City staff received a petition for disannexation submitted by Jane Seals, on behalf of WBW Single Land Investment, LLC - Series 138, for three tracts of land, totaling approximately 126.71 acres, generally located on the south side of Chaparral Road between East Trimmier Road and F.M. 3481.
The subject properties were annexed into the City of Killeen as follows:
• Property ID 170866 (43.7 acres):
Involuntarily annexed on January 27, 2008, via Ordinance No. 07-112.
• Property IDs 364611 and 448337 (83.01 acres):
Voluntarily annexed on June 11, 2019, via Ordinance No. 19-025.
As required by Chapter 43 of the Texas Local Government Code, each annexation ordinance included a service plan detailing the provision of municipal services. In its petition for disannexation, WBW Single Land Investment, LLC, asserts that the City “failed to complete the Service Plan Improvements to provide services to the Property.”
Tex. Local Gov’t Code Sec. 43.056(g):
If the annexed area has a lower level of services, infrastructure, and maintenance than that within the corporate boundaries of the municipality before annexation, a service plan must provide the annexed area with a level of services, infrastructure, and maintenance that is comparable to other parts of the municipality with similar topography, land use, and population density.
Currently, there is an existing 16-inch water distribution main on the south side of Chaparral Road immediately adjacent to the subject property. To provide wastewater service to the property, a sewer main would need to be extended down East Trimmier Road and Chaparral Road. But, the 2007 and 2019 Annexation Service Plans both permit the use of on-site sewage system (i.e., septic).
The subject properties consist of approximately 126.71 acres of undeveloped land. The character of the surrounding area is predominately rural with very low residential density. There are several large acreage homesites in the immediate area, which do not have access to all City utilities and are served by well and/or septic systems. Therefore, the subject property currently has access to a level of services, infrastructure, and maintenance that is comparable to other parts of the municipality with similar topography, land use, and population density in accordance with State law.
WBW Single Land Investment, LLC, also asserted that the City has failed to construct numerous Capital Improvement Projects around these properties in order to support development of the properties. The 2007 and 2019 Annexation Service Plans both outline several water and wastewater capital projects that were planned for the area, including water main extensions and a lift station, which have not been completed. However, both plans also provide that the City of Killeen “finds and determines it to be unnecessary to immediately acquire or construct any currently scheduled Capital Improvements.”
The 2007 Annexation Service Plan states the following:
• “As property in the annexation area is developed, property owners will be required to extend necessary utilities to support their development in accordance with Killeen Code of Ordinances and Public Works Department practices, as may be amended.”
• “Nothing in the plan shall require the City to provide a uniform level of municipal services to…annexed areas, if…population density [is] sufficiently distinct to justify a different level of service.”
The 2019 Annexation Service Plan states the following:
• “If the existing city utility facilities are not adjacent to the development, the developer shall construct the necessary extension of water and sewer mains, force mains, and lift stations…”
• “Sewer mains across Chaparral Road in Heritage Oaks are not adequately sized, so future developer(s) must accommodate the full cost of extending the infrastructure within their development.”
THE ALTERNATIVES CONSIDERED:
N/A
Which alternative is recommended? Why?
N/A
CONFORMITY TO CITY POLICY:
The disannexation petition conforms to City policy.
FINANCIAL IMPACT:
What is the amount of the revenue/expenditure in the current fiscal year? For future years?
The disannexation petition does not involve the expenditure of City funds.
Is this a one-time or recurring revenue/expenditure?
This is not applicable.
Is this revenue/expenditure budgeted?
This is not applicable.
If not, where will the money come from?
This is not applicable.
Is there a sufficient amount in the budgeted line-item for this revenue/expenditure?
This is not applicable.
RECOMMENDATION:
Staff finds that the City of Killeen has met all legal obligations to provide services to the property in accordance with the 2007 and 2019 Annexation Service Plans and Chapter 43 of the Tex. Local Gov’t Code. Therefore, staff recommends disapproval of the applicant’s petition for disannexation.
DEPARTMENTAL CLEARANCES:
This item has been reviewed by Planning and Legal staff.
ATTACHED SUPPORTING DOCUMENTS:
Maps
Petition for Disannexation
2017 Annexation Ordinance
2019 Annexation Ordinance
Ordinance
Presentation