Keller signed a $1.876 million settlement with Circle T Owner LP, the developer of a proposed data center in Westlake. The agreement is dated November 5. According to the signed contract, the developer will pay $1.5 million into a Noise Mitigation Fund, $300,000 into a Fire Protection Fund, and $76,000 toward Keller's attorney fees and expert-consultant costs. The deal follows months of litigation and objections to a planned 1.1 million-square-foot campus about 506 feet from the nearest Keller homes.
The settlement sets a 49-decibel limit at residential property lines from 7 p.m. to 7 a.m. and a 56-decibel daytime limit. It requires a baseline study of at least 72 hours and quarterly independent monitoring during the first three years of operation. Keller may operate continuous monitors.
Under the agreement, Keller and its officials, acting in their official capacities, may not oppose or delay a compliant project. The $1.5 million noise payment is Keller's exclusive monetary remedy for breaches of the noise provisions, the contract says. Keller remains free to communicate with lawmakers about generally applicable data center policy. The obligations depend on Keller and Westlake signing a separate settlement and a court dismissing Keller's claims against Westlake with prejudice.