2/28/2019
RESOLUTION NO. 2019- R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
MARCOS, TEXAS OPPOSING THE ROUTING OF THE PROPOSED
PERMIAN HIGHWAY PIPELINE THROUGH HAYS COUNTY;
REQUESTING IMMEDIATE ACTION FROM THE STATE
LEGISLATURE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, Kinder Morgan and Exxon Mobil in partnership with EagleClaw Midstream Ventures (“Private Partnership”) have begun the process of routing a 42-inch underground high pressure natural gas pipeline, known as the Permian Highway Pipeline (“PHP”) from Coyanosa, Texas to Sheridan, Texas through the Texas Hill Country and Hays County; and
WHEREAS, the Private Partnership asserts that the State of Texas has delegated to the Private Partnership the authority to choose the route of the PHP and to take the private land traversed by the PHP using the governmental delegated power of eminent domain; and
WHEREAS, the laws of Texas provide for little oversight of the routing of private pipelines like the PHP pipeline and the laws of Texas provide no formal opportunity for the landowners of the impacted property to participate in the routing selection process; and
WHEREAS, the PHP project will traverse the properties of multiple landowner and the Private Partnership has asserted it intends to take and clear cut of all trees and vegetation a permanent easement of fifty (50) feet, plus an additional seventy (75) feet of temporary construction easements; and
WHEREAS, the Private Partnership has not performed a formal Environmental Impact Study evaluating the potential impact to property near or adjacent to the PHP, the Trinity and Edwards Aquifers, other groundwater sources, erosion, drainage, subsidence and other generally
detrimental impacts to the surrounding community; and
WHEREAS, the citizens of the City of San Marcos have expressed strong concerns and opposition to the presence of the PHP in Hays County due to its potential negative impacts to the environment, soil, air, development, water system, and land values; and
WHEREAS, the PHP project will cause developmental limitations on affected properties and will cause a diminution in value to affected properties; and
WHEREAS, the City of San Marcos has an interest in the protection of its natural resources including the Edwards Aquifer and an interest in how the PHP may affect its citizens;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SAN MARCOS, TEXAS:
Part 1. Findings of Fact. The above and foregoing recitals are hereby found to be true and correct and are incorporated herein as findings of fact.
Part 2. Opposition. The City of San Marcos opposes the PHP on behalf of the interests of its citizens and in recognition of the potential harm the PHP poses to its natural and economic resources.
Part 3. Call to Action. The City of San Marcos requests immediate action by all members of both houses of the Texas Legislature to protect landowners, landowners’ property rights and communities from the negative impact of PHP and other potential oil and gas pipelines by:
- Creating a regulatory process for oil and gas pipeline routing that enables impacted landowners and communities to have a voice and to have the right to participate in a public, open, and transparent routing process much like the process for selecting the routing of electric transmission lines before the Public Utility Commission.
- Requiring formal and thorough Environmental and Economic Impact Studies for all intra-state oil and gas pipelines, including the participation of governmental entities and affected landowners.
- Requiring substantial governmental oversight over the power of eminent domain delegated to private companies or rescinding the unlimited power of eminent domain delegated to private companies. Part 4. Effective Date. This resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED on March 5, 2019.