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Couple's request for records after flooding challenged by Central Texas city; Heads to AG's office

Kevin and Maddie Howell
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COPPERAS COVER, Texas (KXXV) — A Central Texas couple’s request for public information from their city is being challenged and is now in the hands of Texas Attorney General Ken Paxton.

The expecting parents are now at their wits' end about flooding on their Copperas Cove property and have reached out to 25News for help and to share their story.

Watch the full story here:

Central Texas city challenges couple's public information request citing confidentiality & litigation concerns, heads to AG's office

“You guys were interested in our story. Felt like we were actually like heard because it didn’t feel like we were being too heard by the city" said Kevin Howell.

His wife, Maddie, said, "felt ignored" by the city.

“The fact you guys reached out to us meant a lot and means our story kinda matters,” said Kevin.

The Howells live on Veterans Avenue and said flooding on their property and in their home has been going on for years and has cost the family thousands of dollars in repairs.
They even claim it’s disrupted their home’s foundation. They have documented the many incidents over the years in dozens of photos and videos of which were provided to 25 News.

“Over time, we started connecting the dots and realized that a lot of the flooding is actually just coming from pouring off the street" said Kevin.

Emails between city officials and the couple dating back over a year were given to 25 News by the Howells.

Within those emails, the City of Copperas Cove’s Assistant Director of Public Works Chris Altott along with other city officials, identified possible reasons for flooding in the area and provided recommendations to the couple to help mitigate flooding on their property.

It was also mentioned that any solutions to the flooding in the area could be addressed in city planning projects in the upcoming years.

Potential reasons for flooding identified in the email exchange:
- Higher layers of asphalt due to multiple pavement overlays.
(This is something the Howells also noticed and pointed out to city officials)
- Rose and Veterans Avenues historically drain south directly to this area
- A neighbor’s driveway ramp blocking drainage, which the city said they plan to address with that neighbor and code enforcement.

The email exchange also points to City Hall’s parking lot curb and the city questioning if the Howells’ backyard could be ponding due to a drop in their backyard.
This is important to note because the two properties are back to back to each other.

Wanting to take a deeper dive into their road's history, the couple filed a public information request with the City of Copperas Cove to gather information, communications, street/drainage design, blueprints and other related materials regarding Veterans Avenue.

Kevin said, "We’re kinda at this point where we’re just asking for any information at all about the road to kinda give us some insight on what we can do.”

In a letter to the Texas AG's office from the legal firm representing the city dated June 24, the city received the couple’s public information request on June 10.

The City of Copperas Cove is requesting the AG's office to decide whether or not the requested information is "exempt from disclosure" under Section 552.301 of the Public Information Act.

The letter cites “legal matters," confidential information, and concerns of potential litigation by the Howells.

The couple noted the letter as "weird" and thought it was unusual that the city would take such measures over what they call a "simple" public information request.

It is legal for the City of Copperas Cove to challenge a public information request and Paxton's office has 45 days to respond.

25 News reached out to the city for an independent comment and that statement in full is below.

Our City Manager, Asst. City Manager/Public Works Director, along with involved staff are aware of the concerns presented by the resident at 503 Veterans Avenue. Mr. Howell recently filed a “tort claim” with the City, which was denied by TMLIRP. While we are aware of this issue, numerous variables come into play that are affecting drainage in the area. This will be a prioritized street maintenance project advanced in our upcoming Street Maintenance Program, but assigned priority will ultimately be decided by City Council.
Kevin Keller, Public Relations Director for the City of Copperas Cove

We'll continue to follow through on this story as we await a final decision.


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