Title
Consider a memorandum/resolution consenting to the creation of an emergency services district proposed to be known as Bell County Emergency Services District No. 3, which includes a portion of the extraterritorial jurisdiction of the City of Killeen.
Body
DATE: May 20, 2025
TO: Kent Cagle, City Manager
FROM: James Kubinski, Fire Chief
SUBJECT: Request for Consent to the creation of the proposed Bell County Emergency Services District No. 3, which includes a portion of the City’s extraterritorial jurisdiction
BACKGROUND AND FINDINGS:
On April 3, 2025, the City received notice of a petition for the creation of the proposed Bell County Emergency Services District No. 3 (the “ESD”) filed with Bell County. The City of Nolanville has given support to their Fire Chief to begin the process of creating an Emergency Services District that is planned to include the City of Nolanville and surrounding unincorporated areas that include a portion of the City of Killeen’s Extraterritorial Jurisdiction (ETJ).
Because the proposed ESD includes a portion of the City’s ETJ, the City must provide consent to the creation of the ESD and inclusion of the portion within the City’s ETJ. This is required so that it may be included for the proposed ESD's creation election to be called by the Bell County Commissioners Court (upon review and related hearings) pursuant to Section 775.014 of the Texas Health & Safety Code copied below. The petitioners anticipate the creation election will be called for November 4, 2025. A copy of the Petition is included in the attachments.
Sec. 775.014. CREATION OF DISTRICT THAT INCLUDES MUNICIPAL TERRITORY states:
(a) Before a district may be created that contains territory in a municipality's limits or extraterritorial jurisdiction, a written request to be included in the district must be presented to the municipality's governing body after the petition is filed under Section 775.015. Except as provided by Subsection (c), that territory may not be included in the district unless the municipality's governing body gives its written consent on or before the 60th day after the date on which the municipality receives the request.
The proposed area is not currently within corporate city limits and does not affect current fire department response plans as it is currently covered by the Nolanville Fire Department. If any of the proposed area is annexed into the City of Killeen in the future, the City may remove the territory from the ESD and the Killeen Fire Department would resume responsibility for fire response services to the newly annexed area.
Consent is valid for a period of six months from the date of adoption of this resolution.
THE ALTERNATIVES CONSIDERED:
The alternatives are to either consent or not consent to the creation of an emergency services district proposed to be known as Bell County Emergency Services District No. 3, which includes a portion of the extraterritorial jurisdiction of the City of Killeen.
Which alternative is recommended? Why?
Consent to the creation of the proposed ESD as presented. The proposed area will be the responsibility of the newly formed ESD and relieve the Killeen Fire Department of primary fire response to the area. If the City does not consent to the creation of the district including the portion of the City’s ETJ, then the petitioner can request that the City provide emergency services in the territory.
CONFORMITY TO CITY POLICY:
The request conforms to all applicable city policies.
FINANCIAL IMPACT:
What is the amount of the revenue/expenditure in the current fiscal year? For future years?
There is no financial impact associated with this request.
Is this a one-time or recurring revenue/expenditure?
N/A
Is this revenue/expenditure budgeted?
N/A
If not, where will the money come from?
N/A
Is there a sufficient amount in the budgeted line-item for this revenue/expenditure?
N/A
RECOMMENDATION:
Staff recommends that the City Council consent to the creation of an emergency services district proposed to be known as Bell County Emergency Services District No. 3, which includes a portion of the extraterritorial jurisdiction of the City of Killeen, and that the City Manager or his designee be authorized to execute any and all documents to permit the newly formed ESD to provide fire emergency response as permitted by state and local law.
DEPARTMENTAL CLEARANCES:
Fire Department
City Attorney Office
City Manager Office
ATTACHED SUPPORTING DOCUMENTS:
Petition Letter & Bell County Filed Petition
Map of Requested Area
Presentation