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HomeMy WebLinkAboutRes 09-17 Opposing HB 4441 Authority of the Railroad Commission Regarding PipelinesTOWN OF WESTLAKE RESOLUTION NO. 09-17 OPPOSING HB 4441 RELATING TO THE AUTHORITY OF THE RAILROAD COMMISSION OF TEXAS TO ESTABLISH STANDARDS REGARDING CERTAIN PIPELINES AND APPURTENANT FACILITIES, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a Type A general -law municipality located in Tarrant and Denton Counties. created in accordance with the provisions of Chapter 8 of the Local Government Code and operating pursuant to the enabling legislation of the State of Texas; and WHEREAS, House Bill 4441, introduced in the 81" Legislature, seeks to entirely preempt the municipal regulation of natural gas, liquid hydrocarbon, hazardous materials, and gathering pipelines and all facilities appurtenant to those pipelines, including the regulation of aesthetics and the use of City-ovned rights -of ways; and WHEREAS, under the proposed legislation, the Texas Railroad Commission, and not the municipality, would maintain the right to establish the noise level. screening, landscaping, and other requirements relating to natural gas gathering pipelines and appurtenant facilities including compressor stations, and WHEREAS, the Town Council is of the opinion that the Railroad Commission is ill suited to address such issues as local neighborhood compatibility and the use of City -owned rights-of-way and that the citizens are better served through the local regulation of such pipelines and appurtenant facilities, and WHEREAS, House Bill 4441 would relegate municipalities to a mere advisory role in this important determination process and as such would unreasonably interfere with the right of the public to participate through their locally elected officials to tailor policies to meet their local needs and demands-, and WHEREAS, as a result of the foregoing, the City Council opposes the adoption of House Bill 4441, and believes that the proposed legislation does not promote the best interest interests of the citizens of the City, NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOW] OF WESTLAKE, TEXAS: SE!LjIQLNT 1. That the Town Council of the Town of Westlake. Texas hereby oppos the adoption of House Bill 4441 relating to the authority of the Railroad 'Commission of Texas establish standards regarding certain pipelines and appurtenant facilities. i SECTION 2. The Tovm Secretary is authorized and directed to furnish a certified copy of this Resolution to the elected representatives of the City and to other members of the Texas Legislature to give notice of the Town's opposition to House Bill 4441. SECTION 3. This resolution shall take effect immediately upon its adoption by the Town Council PASSED AND APPROVED on this 13 day of April 2001,. K nWSutter. -IMC, Town Secretary Laura Wheat, Mayor , To,,6 Manager