Mertzon City Council November 16 2026
Agenda Analysis | Meeting Review | Meeting Documents | Commentary | Last Meeting
A. Agenda Analysis
Selection of 391 Council Members, item 6: I did some research last week for what the County needed to do on this point, and I came upon the requirement at 391.006 that puts the onus of choosing membership on the "participating governmental units". Thus, like the City is doing here, the Irion County Commissioner's Court must select their members on this new commission. (This is not an appointment power of the Mayor or County Judge, alone.)
Community Service, item 8: On occasion, the City will be the recipient of court ordered community service. Working with the individuals ordered to do court ordered service is entirely discretionary on the part of the City. If I recall recent discussions correctly, the intent here is to limit this service to non violent offenders.
FFA Presentation, item 5: If you need a little hope that maybe the internet hasn't baked the brains of our youth, this competition practice is for you. This year they are debating landowner rights and data centers.
B. Meeting Review
Pending
C. Commentary
Cell tower update: I went to the Irion County Courthouse to research the agreement the landowners made with Skyway Towers. (Such sale or lease agreements involving land must be recorded in the District Clerk's office.) This Skyway lease is a five year lease starting on December 1, 2025, with 10 successive 5 year renewal options. In other words, it is potentially a 55 year lease. Equally important is that if the landowner ever wishes to sell the property, they have to give right of first refusal to purchase to Skyway. Skyway for 55 years gets an option to purchase the land the currently incomplete tower sits on. With no municipal development restrictions in place by the City of Mertzon, this means that potentially Skyway - and likely its successor - can build anything they want on the property should they ever own it. I'm not sure why a homeowner would ever take such a risk with adjacent vacant property they owned, as it potentially places a 55 year cloud on the value of their home. Equally important, the community has to potentially absorb the decrease in property values and diminished aesthetics. It is a lose/lose situation for the landowner and the community. One way to discourage this kind of development (in a neighborhood setting!) is to ask the City Council to develop reasonable ordinances that protect the beauty, health, safety and welfare of the community. Reasonable ordinances will not significantly impair the property rights of landowners, while at the same time protect the community.
Another cell tower update: last week I sent this letter to the Texas Historical Commission. Since that time I also met with Judge Criner to make sure we are on the same page, and we are. I encourage folks to reach out to her, Mayor Stewart and the THC to stop this construction.
765 kV update: This is a little bit of inside baseball analysis, but don't forget that the Chief ALJ at the State Office of Administrative Hearings, Kristofer Monson, is a gubernatorial appointee. With the election of Gov. Elect Hinojosa AND the timing such that the ALJ has yet to issue the remand opinion in the 59475 case, you can be certain that these cases are on the radar of Gov. Hinojosa's transition team. Put another way, as independent as it would otherwise appear, SOAH will still bend to the pressure of the incoming Governor or ... risk some major shakeup in this next legislative session. The 59475 remand opinion, if it is ever issued, will be written with new leadership in mind.
Stormwater flooding from IC ISD campus: I met with Supt. Heath last week and reminded him that Gallagher, the construction manager for the 2024 bonds, has yet to remedy the stormwater flooding from the new transportation facility that runs into the alley immediately north of the tennis courts. I continue to maintain that the City should not transfer 3rd street pursuant to the MOU between the District and the City until the District successfully directs that water east down the alley into the new flood detention area. Gallagher and the District have known since day one that the water had to be re-redirected in order to prevent flooding of private property. The leverage the City has, of course, is to not give up 3rd Street, and it is very good leverage since they own and control the alley.
Lange permit request at the Irion County Water Conservation Board: My understanding is that Board staff is gathering data to better understand how the proposed permits will impact the aquifer. Once that information is known it will then be time for the City and private landowners to evaluate whether they have legal standing under the Board's rules. More on that later.
Pending
Copyright 2026 G. Noelke
