Search Results

Agenda Analysis | Meeting Review | Meeting Documents | Commentary | Last Meeting Gallagher et al began the redo of the street flume on 4th Street the week before this meeting. Large amounts of stormwater runoff come from City Gym in the background. The purpose of the flume is to redirect the water off of the street and the alley (where stormwater from the new transportation facility is directed) into the new flood detention area. The amount of water that is repelled from an impervious surface (like a gym roof) can be determined by a mathematical formula. So, this is a math problem long in the making. A. Agenda Analysis Speed bumps, item 5: The Council should be considering vendors and pricing at this meeting. Mayor Pro Tem: Jayton Lindley recently left his Pro Tem post for the IC ISD school board. Councilman Councilman (you read that right) was elected as his replacement. B. Meeting Review Duncan Speed Bumps, item 5: The vendor quote was discussed, then support flattened. The matter was tabled, but more probably dead. Slow down, folks. It’s a street bordering a park. There are a pair of Mississippi Kites, raptors, aggressively dive bombing in the vicinity of 4th and W Fleming. C. Commentary I’ve created a new page for the 765 kV transmission cases I am involved in. See 765 kV Documents. Screw worm: I helped doctor wormy sheep infected with maggots in the 60’s during the last screw worm outbreak. Take this outbreak seriously. Enough said. Copyright 2026 G. Noelke

AI generated image of potential 765 kV line across West Texas 59182 case June 17, 2026: George Noelke’s Exceptions to the PFD. June 9, 2026: Proposal For Decision (PFD) favoring Oncor/LCRA’s Route 228. April 10, 2026: George Noelke’s Post Hearing Reply Brief with recommended Findings of Fact, Conclusions of Law and Ordering provisions. April 3, 2026: George Noelke’s Initial Post Hearing Brief. 59475 case A. Commentary Copyright 2026 G. Noelke

Agenda Analysis | Meeting Review | Meeting Documents | Commentary | Last Meeting Mertzon is usually not a place where one will see protest signs, so this sign along Hwy 67 in Mertzon really stands out. Folks are worked up about this issue, and, being involved in it on the legal side trying to stop it as I am, they should be. The Irion County Commissioners Court last week filed these comments in the latest 765 kV case at the PUC, 59475. A. Agenda Analysis Chapter 391 formation, item 6: This item will enable the Court to huddle with its attorney in private to discuss whether to form a 391. I judged at this meeting that there was plenty of reluctance about forming one, but I have not spoken directly to any of the Commissioners or Judge Criner about where they landed after that meeting. Note: a legal standard under the Texas Open Meeting Act is that it is proper to seek the advice of attorney in an executive session. Tax abatement Agreements, item 7: Always, always pay attention to tax abatement issues on agendas. I don’t know what this one is about. Tree removal, item 5: This issue has come up at least once before. In order to replace the high bridge going into Sherwood some beautiful - and large - pecans are to be removed. Another issue that probably needs to be addressed is whether the design of the bridge is going to block the community's access to Spring Creek at that location. Folks need access to rivers, always. B. Meeting Review Pending - I am attending (online) the hearing on the merits for the next segment of the 765 kV line that basically runs from Eldorado to Belton. I may not attend this meeting. C. Commentary I've heard it said that one way an appellate attorney is made is that they lose their case in the lower courts. I can cover that base. One appellate issue I'm setting up is objecting to the wholesale, en masse dismissal of over 800 intervenors, without adequate notice, in the current 765 kV case. Related to that, here is my most recent pleading in that 59475 case. On June 1 the ALJ’s ruled against me here on page 7. And, on June 2 I filed this Motion for Clarification of the order ruling against me. That clarification is a necessary prerequisite for an appeal (I don't know yet whether there will be an appeal), and on June 5 the Court provided me with one in SOAH Order 29 on pages 5 and 6 here. As mentioned at the top of the page, the Irion County Commissioners Court last week filed these comments in the latest 765 kV case at the PUC, 59475. If you see or communicate with Judge Criner or any of the Commissioners, thank them for these comments and for staying engaged. pending Copyright 2026 G. Noelke

Agenda Analysis | Meeting Review | Meeting Documents | Commentary | Last Meeting AI generated image of a 199 foot tall 765 kV transmission tower similar to those being proposed in the 765 kV cases. One thing to note is that the installation of these towers relates only to transmission of electricity, not the generation of it. This is a joint meeting of the Mertzon City Council and Irion County Commissioners' Court, so you'll find both agendas below. A. Agenda Analysis Presentation by Dan Byfield, Items 5 and 4: This is the same agenda topic as this meeting back on May 12 that was cancelled. The information I provided on that page is still pertinent to all the 765 kV cases. Mr. Byfield is the CEO of American Stewards of Liberty, a property rights nonprofit that is very active as an intervenor in the 765 kV cases. Also, see my Commentary below for more. Meeting location: This will be in the District Court courtroom on the 2nd floor of the Irion County Courthouse. Significance: In my now 7 years of closely watching local government in Irion County, to my knowledge this is the first joint meeting of the City Council and County Commissioners. You can read the City's resolution here at B2 and the County's resolution here to see their alignment on opposing 765 kV lines. Joint meetings: A joint meeting isn't addressed in the Texas Open Meetings Act. So, what you see here with two agendas is the most practical way to approach it. Each governing body posts their own agenda announcing the time, location and topics of the meeting. There's no requirement that the agendas must be identical, and these are good examples of how agendas vary among governmental bodies. AI generated image showing a 200 ft tower for a 765 kV line with easement showing how much land has to be condemned. The easement is “perpetual”, meaning forever. B. Meeting Review This was a worthwhile presentation by Mr. Byfield, but…there was some real hesitation as evidenced by the questions asked to him. I think the larger issue is lack of resources - small counties and cities have fewer people available to help. An alternate positive take away: Judge Molly Criner and Mayor Aubrey Stewart are coordinating. County/City alignment doesn’t happen typically, so this is a good signal. Landowners need to continue to send the message to our elected leadership that infrastructure development and growth is unacceptable. The key limiting factors will always be available water and preservation of natural habitats. C. Commentary Here is my most recent pleading in the 59475 case. On June 1 the ALJ’s ruled against me here on page 7. And, on June 2 I filed this Motion for Clarification of the order ruling against me. A "Proposal for Decision" or "PFD" is the judicial recommendation by the Administrative Law Judge(s) the includes her recommendation to the PUC on whether to grant the license (the "CCN") to Oncor and LCRA. The first level of appeal for the first PFD in a 765 kV case is happening now in the 59029 case. The CCN case going through Irion County is the 59182 case, and a PFD hasn't been issued in it just yet. Here is the PFD in the 59029 case. Here is American Stewards' Exceptions to the PFD (the first appeal). Among other things, they say these lines aren't needed in the first place. Here is their Statement of Position in the 59475 case. Here is Delaware Basin's Exceptions to the PFD. (I include it because it goes into some details about how dangerous it is to be running a 765 kV line over pipelines, an argument I focused on in the 59182 case; it is being proposed for the 765 kV to go over two pipelines, a 42" and 48", carrying 6.2 billion cubic feet of natural gas per day on my property. Things to watch for in Irion County: The next important date will be when the ALJ issues the PFD in the 59182 case. That date starts a clock for the intervenors to file "exceptions" to it. Because of the 180 day limit, the deadline to file those exceptions is short - 10 days or so. The PUC has to decide the case by July 14, so the intervenors will have to move fast once the PFD is filed. Copyright 2026 G. Noelke

Agenda Analysis | Meeting Review | Meeting Documents | Commentary | Last Meeting NOTE: There is a special meeting of the Mertzon City Council and the Irion County Commissioners Court on June 2, 2026 to address the 765 kV cases. That page is pending. Texas Health and Safety Code 342.001 allows a municipality to regulate stagnant water. I had previously thought of this new pond on 2nd St. on IC ISD property as an issue for the Texas School Safety Commission. It is that, but the City also has broad authority to regulate it even when it is not on municipal property. And, as a reminder for why IC ISD cannot simply dump its stormwater onto my property and my neighbors' property in the picture above, see Texas Water Code 11.086. A. Agenda Analysis 2nd Street drainage, item 5: This is a continuation of the extension of the MOU, found here executed by IC ISD and previously addressed here by the City Council. Speed bumps on Duncan, item 6: I did not attend this part of the last meeting when this was addressed. The language of the item is written so that they can approve the installation of the speed bumps. The rest, items 7-10: Standard fare, but always important. Last week’s election results. B. Meeting Review Pending C. Commentary Pending Copyright 2026 G. Noelke

Agenda Analysis | Meeting Review | Meeting Documents | Commentary | Last Meeting See my May 26 updates below. IC ISD elementary under construction. A. Agenda Analysis "Special" meeting: A "special" meeting is a meeting called because some matter of business falls outside the regular monthly meeting and has to be dealt with before the next regularly called meeting. The word "special" doesn't appear in the Open Meetings Act, and it different than an "emergency" meeting. Approval of new Superintendent, item 3. The "special" part of this meeting is that the 21 day wait period to hire is expiring, and it is time for the Board to take the official act of hiring. Dr. Underwood may be officially hired here, but my understanding is that Interim Mr. Underwood is staying on until early June. MOU with the City of Mertzon for drainage projects, item 4: This relates to the same MOU the City Council is addressing at its meeting the day before. There's a trade going on, and to keep it alive the parties need to extend the term. In a larger city, the city would be asking the District and its construction agents to comply with various development related ordinances. Since those ordinances don't exist in Mertzon, the City and IC ISD created this Memorandum of Understanding so that each side gets what it wants. The jury is still out, but it could be that this MOU method of regulation may be the model for future IC ISD bonds. Closed session, item 6: I point this item out because this agenda is a good example of different drafting styles for a common issue. Dr. Moore's style for this item was simply "Personnel" as the agenda item. See agenda item 13 a at this meeting. Mr. Underwood, in contrast, states "deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of contract and/or at-will employee". Both of these postings refer to Texas Gov't Code 551.074, the personnel exception. And, both of these are correct under the law. I have a preference for agendas to be as detailed as possible so that board members don't go off agenda. So, an agenda item that spells out "deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal" is a reminder to the board in closed session that there are parameters to their discussion in closed. They can't just talk about anything...the discussion must be limited to "appointment, employment, evaluation, reassignment, duties, discipline, or dismissal". If you want to dig deeper, the Texas Municipal League's Closed Meetings to Discuss Personnel Matters, page 29, Open Meetings Act Made Easy, is a good place to start. How to get rid of this pool of standing storm water on the IC ISD campus is one issue that will likely get resolved with an extended MOU. Seems harmless enough, but I reckon in time the Texas School Safety Center will have veto power over it. The pool didn't exist until a 2024 bond contractor scraped the area down to the limestone, which is quite impermeable. Kids that want to fish will have to go to Spring Creek, so former Supt. Bryan Gray's idea of a fishing pond for students back when he proposed the 2019 Bonds is as good as an expired fishing license. B. Meeting Review May 26 update: I have uploaded the meeting documents, including the new Superintendent contract with Dr. Michael Heath. I have also updated my 765 kV case in the Commentary at 2. Employment of new Supt., item 3: The Board voted unanimously to hire Dr. Michael Heath. The motion did not include a term or salary, so I will be doing an PIA request for that soon. I'm also not sure of the exact start date, though I believe it to be in early June. MOU with the City of Mertzon on flood projects, item 4: Upon Interim Supt. Matt Underwood's recommendation, the Board approved an extension to the end of July. This was the period recommended by Gallagher Construction at the City Council meeting on May 18. So, this rounds out the extension among both parties. The re-do of the flume on 4th Street was also raised during the discussion, and President Carlile made a point of saying that those expenses were going to be born by "them", as in Gallagher or its contractors, but not IC ISD. This is important because the initial budget of $800,000+ was not generated by IC ISD, and there's little doubt that when these corrections are done it is going to be well above that. (The $800,000 figure was the budget total for both projects combined, and that amount has already been spent on the project at 4th and W. Fleming.) HVAC and roofing bids, item 5: The Board agreed with Supt. Underwood to postpone here until next year on this project. I'm not sure of the exact reasons, but I suspect that initiating such a large project during an interim superintendent's brief tenure was at least one factor. Supt. Underwood's time here will be less than two months, and I could tell even during my brief meeting with him that he is (appropriately) reluctant to initiate anything long term. Closed session, items 6 and 8: I did not stay beyond the announcement of the closed session; I understand there were no votes taken once they returned to open. This aerial view of the IC ISD campus is as of May 13. My best guess is that by the time Dr. Heath arrives in June the build out will be well less than 50% complete. C. Commentary Dr. Heath as a rain maker? A significant rain, hail, wind and lightning storm happened during/after this meeting. Dr. Heath was in attendance at the meeting, and perhaps he, Supt. Underwood and the Board all got to see...that I have not been exaggerating. 765 kV update: a. This pleading of mine that I filed on Sunday before this meeting. Here is the Oncor/LCRA reply to that pleading, and here is my response to their reply. And, this excellent resolution by the Irion County Commissioner's Court filed on Tuesday. b. I was able to successfully intervene last week in the CCN 59475 segment of the project that goes from Eldorado to Belton. This is significant because my argument for intervention was essentially that my ranch in Irion Co. created an ongoing justiciable interest in the case next door where I don't own property. Frankly, I've never been a part of litigation of this magnitude, what with I'm guessing over 1,500 intervenors. I'll quote what some of the legislators (now having second thoughts about this mess) are saying: Texans deserve a more thoughtful and deliberate approach to improving existing infrastructure, one that enhances reliability and resilience, reduces costs, and better protects private property rights. I agree. Well said. Copyright 2026 G. Noelke

Agenda Analysis | Meeting Review | Meeting Documents | Commentary | Last Meeting The flood detention area in Mertzon at 4th and W. Fleming has this exit for flood waters to cross W. Fleming. The same concept was proposed to slow and redirect the stormwaters at Fayette and 2nd Street. The stakes are the same: just a few blocks away the water reaches City Park. A. Agenda Analysis Mayor Pro-Tem, item 5: Council Member Jayton Lindley won the IC ISD school board election, so his role as Pro-Tem is vacated. 2nd Street Drainage, possible execution of the MOU Extension, item 6. As a reminder here is the expiring MOU. The City folks met with Interim Supt. Matt Underwood the week before this meeting to address the renewal. The issue at hand is really all about getting a flood control structure built at 2nd and Fayette/Juanita similar in design to the photos on this page. This design was understood what was necessary for both basins. Speed bumps on Duncan, item 8: The City is sovereign over the streets. In theory, stormwater rushes in and leaves at the lowest point in a more controlled manner. The same concept was proposed, and adopted by voters, at the 2nd St. drainage area. B. Meeting Review Mayor Pro Tem, item 5: The Council voted unanimously to elect Randy Councilman as Mayor Pro Tem. MOU extension, item 6: Folks from Gallagher Construction were present t explain the latest design of the flood control project on 2nd Street between Fayette and Juanita. The Council did not specifically vote on the plan, as they have been careful to not endorse any specific solution as they don’t have expertise in the area. One missing fact is: what is the flow rate capacity for this project? That was not discussed, so in time I think the City's reluctance to approve anything will have been well placed. This project is going to have to scale because there's every reason to believe that the District will continue to expand its facilities. The Council did, however, vote to approve the extension of the MOU until late July. The District also approved that extension at its meeting the following day. Note: Gallagher also raised at this meeting the need for a windrow in the alley between 4th and 5th where the new transportation facility water is being dumped. The Council agreed to allow Gallagher to put up that windrow. In theory this is going to protect the residence immediately adjacent to the alley. In practice, well, it is going to require maintenance through the years. I’ve raised the question of where the runoff will go from this new proposed parking lot across from City Gym since before the 2024 Bond election. Representatives from Gallagher said at the last City Council meeting that they didn’t know yet. If it is allowed to flow north over Fayette it will flood the flume between the auditorium and City Gym, plus 4th Street. If it goes due East, it will flood a residence, which is wrong and unconstitutional. If it flows down Fayette, it will damage the City’s street and ultimately reach the 2nd Street drainage basin. The only solution is to leave it unpaved. Click on the tag “Grand Mistake” at the bottom of this page to see my longstanding efforts to get IC ISD to stop creating impervious cover. C. Commentary I understand that the joint meeting with the City and the Irion County Commissioner's Court about forming a Commission to address 765 kV lines, data centers and battery storage facilities will be rescheduled. I am beginning to see the cracks in administrative justice system in one of the 765 kV transmission cases. In the 49175 case that forms the segment just east of Irion County, there were 4,586 documents filed by May 13, a key deadline for intervenors. To be clear, those are "documents" that are often many pages in length. Some deadlines are being missed that I won't elaborate here. I'm thinking this letter from the legislators saying "hold up" PUC is in part due to the groundswell of opposition to the lines, as well as the system being unable to absorb 1,500 intervenors in an efficient manner. Copyright 2026 G. Noelke

Agenda Analysis | Meeting Review | Meeting Documents | Commentary | Last Meeting THIS MEETING WAS CANCELLED. JUST RELEASED ON MAY 12: The ALJ’s Proposal for Decision in the first 765 kV case, Longshore Switch - Drillhole Switch, CCN 59029. Oncor wins. See Conclusion on page 49. Note: this is not the final decision. This is similar to the 765 kV towers being proposed in Irion County. The towers will be up to 199 ft. tall. This photo is AI generated. A. Agenda Analysis Presentation by Dan Byfield, item 4: Mr. Byfield is the CEO of American Stewards of Liberty, whose organization has offered to assist in the creation of a 391 to protest, local government to state government, against the 765 kV transmission lines. Note that the meeting is at 6:00 pm in the District Courtroom in the Irion Co. Courthouse. Go here to the PUC website to read American Stewards of Liberty's Statement of Position in the 59182 case proposed through Irion County. And, here is their Initial Closing Argument. They are making some well reasoned arguments against the proposed project. See also this letter from several legislators expressing doubts about the legislation approving the lines. There appears to be reason to form a 391 to voice a need for legislative reform once the next session starts in January. B. Meeting Review This meeting was canceled C. Commentary Status update on 765 kV case: The SOAH judge has not issued her ruling, a Proposal For Decision in the case where the line will go through Irion County. Things have gotten even more complicated with this ruling to consolidate a portion of two of the cases. Which is all to say: it is anyone’s guess how the case in Irion County is going to turn out. Below is from the direct testimony filed by Chance Goodin from Salado in the Bell County East to Big Hill case, the segment east of Irion County. It gets at why I think this process is manifestly unfair and likely unconstitutional. The key to a fair process is that the parties should be able to participate in a meaningful way. Here is what I have argued in my Statement of Position: Noelke has further argued in 59182 at Item 508 that amended PURA §37.057 limiting these cases to 180 days is not a grant of authority to the Applicants to disregard landowner Due Course of Law rights under the Texas Constitution, Tex. Const. art. I, § 19, Due Process rights under the U.S. Constitution, U.S. Const. Amend XIV, § 1 or those rights found in the Texas Administrative Procedure Act at Texas Gov’t Code § 2001.051. Section 2001.051 specifically provides: In a contested case, each party is entitled to an opportunity: (1) for hearing after reasonable notice of not less than 10 days; and (2) to respond and to present evidence and argument on each issue involved in the case. Pending Copyright 2025 G. Noelke

Agenda Analysis | Meeting Review | Meeting Documents | Commentary | Last Meeting Election results: Tony Martinez 104; Taylor Douglas 142; Jayton Lindley 158; Anthony Baumann 95. The top 3 vote getters win the election. These IC ISD tennis courts were completed in 2015. The new transportation facility will be complete this year. The cleared lots just beyond the transportation facility are also owned by the District and are deed restricted to residential housing. Compare this photo with the one below. A. Agenda Analysis This will be the first post-Moore meeting, as her last day for the District was April 30. This agenda reads very much like one of her agendas, however. Mr. Underwood would not have become Interim at the time last week when it had to be posted. Election results, item 5: Results of the election will be certified at this item. I will try to post election results on Saturday May, 2, but no guarantee. Those results aren't official until approved by the vote by the Board on this item. Swearing in, item 6: It's not official for the board member elects until they swear allegiance to the Constitution. The wording of the oath, authorized by the Texas Constitution, is worth considering: "I, [Name], do solemnly swear (or affirm), that I will faithfully execute the duties of the office of Trustee of [Name of District] of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, so help me God." Re-organization of the Board of Trustee Officers, item 7: Board member/Secretary Ashley Hill chose not run for re-election, so there's an opening for an officer position. Administrative Reports, item 8: Matt Underwood is the Interim Supt. I don't know Mr. Underwood, so this unchartered territory. My understanding is that interims have the same authority as the permanent, something that is is good and bad. Budget amendments, “as presented”, item 9: I’ve said this part before, so nothing new here. My view has been that "as presented" in this item is too general under the Open Meetings Act provisions related to posting requirements. The problem will not be apparent until later when the minutes are posted. They will likely say something like, "The Board approved the budget amendment" without identifying anything about what the amendment was about. (For example, an agenda item might read, "Budget amendment for transportation facility equipment". And, the minutes might read, "The Board approved a budget amendment related to transportation facility equipment.") As written, if the minutes are equally not specific, the only way for the public to follow the money is to attend the meeting or do a Public Information Act request after the meeting. And, yes, I pay special attention to budget amendments during superintendent transitions like this one. Approve construction/bond purchasing, item 10: This is the placeholder for 2024 bond spending. Closed session on personnel and action on closed session, items 13 and 15: Every transition of executive management brings with it some degree of re-organization. There's some hand wringing going on in the background, you can be sure of that. The yellow area points to a small wood frame house that was located on the lots that are now the transportation facility. Now those lots are all impervious cover, and the rain water being repelled is being redirected down the alley. Note also under the arrow are the lots now cleared of Juniper that are currently being temporarily used for construction material holding. The photo also shows the area (at about the "Copyright") now being used for the entrance to the flood water detention area. Immediately above the tennis courts is the refurbished portable now being used as an Administration building. And, immediately above that shows a now cleared area of Junipers that is being used by the District for sea container storage. The tennis courts prior to 2015 were an undeveloped field used as a practice field, and before that those lots were undeveloped and covered with Juniper. There's no planning being done by the District or City on land use and environmental impact. This blog is in part a response to that lack of planning. Sometimes it takes a photo like this one to see how the District is dramatically altering the environment. B. Meeting Review Canvassing of election results and swearing in, items 5 and 6: There were no changes in the vote totals (see top of this page), and the Board approved the totals. Members Martinez and Douglas, and new member Jayton Lindley, were sworn in. Mr. Lindley's grandfather, Jay Lindley, served on the same school board back in the mid '70's, for all the history buffs out there. Re-org of officers, item 7: The Board elected Maegin Carlile as President, Chad Koonce as Vice President and DJ Rainey as Secretary. Admin reports, item 8: This was Interim Supt. Matt Underwood's first of probably only two meetings, and his part was efficient and to the point. You can find his report on page 2 of the meeting documents. See my Commentary below about one significant issue, flood control, that he will be dealing with during his short tenure. Principal Parker and Coach Morrow were absent. Budget amendment, as presented, item 9: An alternative take on my lesson above about "as presented" being too vague: the perfect time to use "as presented" is when, at the time of posting the agenda, the staff doesn't yet know whether an amendment is necessary and this language is a "placeholder". That turned out to be the case here; Ms. Lakey announced she put it here because she wanted it available if need be. In fact, there wasn't a need for an an amendment. Why all the bother on my part? While I have every reason to believe Dr. Moore left the budget in fine shape, her immediate predecessor left the District in a bind the very day he moved out. So, it is a very good sign for the District, Dr. Moore and Matt Underwood that history is not repeating itself during this transition. (Dr. Heath (who was present at the meeting but not participating) is also likely breathing a sigh of relief.) Ms. Lakey explained that there would likely be some amendments before the end of the fiscal year, but such is always the case. At least we know now there is no financial exigency during this transition. Bond purchasing, item 10: Folks from Gallagher were present, and the Board engaged in a productive discussion about the pending re-roofing and AC replacement bid. A modified bid was approved, but all I really heard was the end of another Covid era mistake - the Board approved replacing the AC units on the new City Gym with units that are more efficient to maintain. See my Commentary about the Anthony Mechanicals contract back at the July 14, 2025 Board meeting. The decision to replace these units even though they are under five years old is a good one. Closed session and action on closed session, items 13 and 15: President Carlile confirmed with me after the meeting that there was no vote on a closed session matter. One sign of the design failure of the flood control project at 4th and W. Fleming is that now storm water is pooling on the west side of the street and invading this resident’s yard. Another sign, not shown here, is that there is now more storm water coming down W. Fleming from the new transportation facility. C. Commentary Flood control projects: Here's the upshot - neither of the two projects are complete. The flume and pavement at the project at 4th and W. Fleming has been designed poorly, and there's new stormwater to deal with coming down the alley and W. Fleming. The City should not re-open W. Fleming until these corrections are made. In addition, the project at Fayette and 2nd has yet to even start. See this page for my analysis of this project. Mr. Underwood advised at this meeting he is meeting next week with the City to renew the MOU. Here's the bottom line: If the District, the City and affected landowners don't stay after this, Parkhill and Gallagher will shave expenses on the flood control projects without regard to the additional stormwater that is being redirected into the basins. Why this matters: For my new readers, this all matters because (as I've been saying since 2019) storm water from the two basins on each side of IC ISD travels down to City Park where the District, the City and Irion County all share an interest in the facilities. With each school bond the flooding at City Park has worsened, city streets have become more impassable and private property, including homes, have experienced more flooding. Stormwater control is a community wide problem. 765 kV updates: Make sure and read the Resolution passed by the City at my Meeting Review of the City Council meeting this week. One reason IC ISD needs to review this effort is that increased battery storage, AI data facilities or 765 kV transmission lines will bring more development, which means more families and more students at IC ISD. If you are invested in keeping the District at its current size, then you need to learn more about this resolution. Contrast the oath a Board Trustee takes with one a lawyer takes in order to become licensed as a attorney by the State Bar. A newly minted lawyer who passes the Bar Exam gives this oath: "I, [Name], do solemnly swear (or affirm) that I will support the Constitutions of the United States and of this State; that I will honestly demean myself in the practice of law; that I will discharge my duties to my clients to the best of my ability; and that I will conduct myself with integrity and civility in dealing and communicating with the court and all parties. So help me God." See Gov’t Code 82.037. The phrase “honestly demean” means to have an honest demeanor. In addition, you might have heard that attorneys are “officers of the court”. That language is not in the oath, but it is found in the Preamble to the Texas Disciplinary Rules of Professional Conduct: "A lawyer is a representative of clients, an officer of the legal system and a public citizen having special responsibility for the quality of justice." So, technically, we are more than officers of the court…we are officers of the legal system. Copyright 2026 G. Noelke

Agenda Analysis | Meeting Review | Meeting Documents | Commentary | Last Meeting The heavy construction machinery coming down 4th St. is already crumbling the new pavement forming the entrance to the flood detention area, so Gallagher’s folks need to rethink the design of the project. IC ISD uses the street regularly for its buses, so it needs to be constructed well enough to handle daily bus traffic, plus direct stormwater into the detention area without becoming waterlogged. A. Agenda Analysis 2nd Street drainage, item 5: Kudos to the City for not letting this issue die. Resolution 5-4-26, item 6: I think, but am not certain, that this is to give the Mayor authority to explore and negotiate a potential 391 Commission with the County and others to address the potential 765 kV line going through the county. Also, see my commentary below. Speeding on Duncan, item 7: Yes, it needs to be addressed. The Council should also be mindful that the County Commissioners Court may still place a new Community Center in the Park with a larger Duncan street main entrance. B. Meeting Review 2nd Street drainage: When the folks at Gallagher present at the meeting proposed this: …after several minutes of discussion, an astute City staffer, Nate Padilla, pointed out to Mayor Stewart that the MOU between the City and IC ISD actually called for detention “walls”. Here’s the MOU; see paragraphs numbered 1-4. Indeed, there was a quid pro quo in the MOU: IC ISD will not get the portion of 3rd street in front of the High School and Elementary unless IC ISD puts in the flood control projects at this location in the photo above and at 4th and West Fleming. And, the MOU also has a deadline for construction: this month! By the end of the discussion it was agreed that each side would huddle and figure on how to renew the MOU before it expires. (Everyone in the room but Nate had forgotten about the MOU provisions.) One key issue for further review is whether sufficient money was recommended for both projects by Parkhill and Gallagher prior to bond election. I recall the figure was north of $800,000 for both projects combined. Gallagher stated at this meeting that over $800,000 was spent just on the project at W. Fleming and 4th. Resolution 5-4-26, item 6: The Council made one of its most impactful statements in recent memory by passing the resolution below that starts the process to more formally opposing extra high voltage transmission lines (765 kV), data centers and battery storage facilities in Mertzon and Irion County. Note that this is NOT the creation of the 391 (Council of Gov't or "COG") but a statement of resolve to create one. Why this is important: This is the first formal statement, whether or not a 391 is actually created, that the City of Mertzon can make to say to the developers of these multi-billion dollar projects that our government and its citizens are not interested. Why all citizens should favor this Resolution: Development will bring excessive consumption of already limited water supplies. Folks, it is the limited water supply in Mertzon and Irion County that is keeping development out. This resolution is one tool our government leaders can use to keep development out. C. Commentary A “Prayer” in a legal pleading is simply a request from the party that the Court grant them what it is they want. I am continuing to monitor the next leg of the 765 kV line that Oncor/LCRA and the PUC are proposing. (I’ve also intervened in that leg, CCN 59475, but I don’t know yet whether the judge will accept my intervention.) This week I came across the "Prayer" below in the 59128 case written by a pro se landowner ( a non lawyer) opposed to the line. While I am in the 59128 case trying to intervene in the 59475 case, she is in the 59475 case trying to intervene in the 59128 case. (We are aligned parties.) In my 35 years as a licensed attorney, I don't think I've ever read a better Prayer than this one: Here’s my message to all those landowners out there sitting on their hands and doing nothing but waiting to collect the eminent domain money from Oncor/LCRA: Don’t pray to the almighty dollar. Remember this landowner, and all those like her, that you aren't helping by doing nothing. In light of my message above here's a pleading I filed yesterday that I am pleased with. Another pro se land owner, Kevin Kennedy, is fighting like hell to keep a 765 kV line off of his property. In my pleading I ask the Public Utility Commission of Texas and the State Office of Administrative Hearings to look at the larger picture and see how fundamentally unfair this process is to Texas landowners. Also, see this letter co authored and filed yesterday by local State Representative Drew Darby expressing his concern about one segment, the eastern most segment, of the 765 kV project…but not the segment that goes through Irion County. He needs to be encouraged to say what he is saying here but also say it about Irion County, which is in his district: “Texans deserve a more thoughtful and deliberate approach to improving existing infrastructure, one that enhances reliability and resilience, reduces costs, and better protects private property rights.” Copyright 2026 G. Noelke

Agenda Analysis | Meeting Review | Meeting Documents | Commentary | Last Meeting I bike along the beautiful banks of Spring Creek in Mertzon. This portion is managed by the City of Mertzon, and it is undoubtedly one of the City's treasures. The City should do everything possible to protect it from excessive growth brought on by AI data centers, battery storage facilities and extra high voltage 765 kV transmission lines. A. Agenda Analysis Special meeting: Note this is a "special" meeting. Chapter 391, Local Gov't Code, item 5: Here is Chapter 391. Here is the purpose: Sec. 391.001. PURPOSE. (a) The purpose of this chapter is to encourage and permit local governmental units to: (1) join and cooperate to improve the health, safety, and general welfare of their residents; and (2) plan for the future development of communities, areas, and regions so that: (A) the planning of transportation systems is improved; (B) adequate street, utility, health, educational, recreational, and other essential facilities are provided as the communities, areas, and regions grow; (C) the needs of agriculture, business, and industry are recognized; (D) healthful surroundings for family life in residential areas are provided; (E) historical and cultural values are preserved; and (F) the efficient and economical use of public funds is commensurate with the growth of the communities, areas, and regions. (b) The general purpose of a commission is to make studies and plans to guide the unified, far-reaching development of a region, eliminate duplication, and promote economy and efficiency in the coordinated development of a region. I am quite familiar with the need for local government to better coordinate to oppose development, and I'm glad these commissions are getting some consideration. There's simply not enough sharing of information and coordination of issues among local governments in Irion County. In proposed 765 kV context, delay and failure to coordinate could dramatically impact the natural resources and environmental integrity of the City. The same can be said about battery facilities and AI data centers. Section 391.004(a) provides: A commission may plan for the development of a region and make recommendations concerning major thoroughfares, streets, traffic and transportation studies, bridges, airports, parks, recreation sites, school sites, public utilities, land use, water supply, sanitation facilities, drainage, public buildings, population density, open spaces, and other items relating to the commission's general purposes. This sort of planning can be used to control growth in the entire county, not just within the City of Mertzon. Note that 391.002(1) provides, "Governmental unit" means a county, municipality, authority, district, or other political subdivision of the state. The Irion County Commissioner's Court has an item on its agenda for April 28 to address these commissions. Since Irion County ISD is a "district" under this definition, they should especially consider being a part of a commission. If student population at IC ISD expands much, likely less than 10%, the school will be faced with needing more classrooms, teachers and will potentially no longer be a 1-A district. I'll offer additional insights after the meeting. Note that there is an IC ISD meeting on this date at 5:00 pm. April 27, 2026 ~ 6:00 am update: I will be announcing the Lone Finalist for the Superintendent position at approximately noon today. B. Meeting Review This was a deliberative meeting about whether to create a 391 Commission to address the problems inherent with a 765 kV line passing through the county. County Judge Molly Criner and County Commissioner Tia Paxton were also present. Watch for this issue to be on the agenda for next week's Council meeting. C. Commentary Below are some of the city responses to the next leg of the 765 kV line that will stretch from Eldorado switch to the Bell County switch. As of April 27, 2026, I have also intervened in this segment of the project. I do not have property along the route of this segment, so there are many unknowns about how this will turn out. Copyright 2026 G. Noelke

| Commentary | Last Meeting The interior of IC ISD legacy building is being redesigned this year entirely into offices for the Administration. To put this in context, when I attended high school here, the two windows on the left was the Principal’s office, and the two windows on the right was the teacher’s lounge. I have confirmed with IC ISD Board President Maegin Carlile that Dr. Michael Heath, the current High School Principal at Coleman ISD, has been named as the lone finalist position for the Superintendent position being vacated on April 30 by Dr. Nikki Moore. Watch this page for for more information as I fill in the blanks about Dr. Heath. The title of Lone Finalist starts a 21 day delay before Dr. Heath officially starts. Updated April 28: Here is a Coleman Today article on Dr. Heath when he was appointed as Principal at Coleman ISD in January 2024. And here is a Coleman Today article on the IC ISD announcement. Commentary Dr. Heath is arriving at IC ISD at a time when the District is operationally and academically better off since Dr. Moore arrived in the position 3 years ago. That said, the earth is not flat, and neither is the IC ISD campus. So, I anticipate working with him on the environmental issues related to stormwater from the District’s campus. Dr. Moore accomplished a lot, but I’m not done here. Pending Copyright 2026 G. Noelke