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HomeMy WebLinkAboutRES 041409-N - Oppose Railroad CommissionRESOLUTION NO. H .:..N ( V A RESOLUTION OF THE OF THE CITY OF GEORGETOWN, TEXAS 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 City of Georgetown located in Williamson County, is a city duly incorporated under the laws of the state of Texas; and WHEREAS, House Bill 4441, introduced in the 81st 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 -owned 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 City 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 interests of the citizens of the City. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE CITY OF GEORGETOWN, TEXAS: Section 1. That the statements set out in the preamble to this Resolution are hereby in all things approved and adopted. Section 2. The City Council hereby finds that this Resolution implements Effective Governance Vision Statement 4.0.0 of Georgetown's 2030 Comprehensive Plan, which states: "Georgetown has achieved a high level of service coordination both internally and with County, State and other city service providers and further finds that the adoption of this Resolution is not inconsistent or in conflict with any other Comprehensive Plan Policies. Resolution No. Og 1 [ O NB 4441 Section 3. That the City Council for the City of Georgetown, Texas hereby opposes the adoption of House Bill 4441 relating to the authority of the Railroad Commission of Texas to establish standards regarding certain pipelines and appurtenant facilities. Section 4. The City 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 City's opposition to House Bill 4441. Section 5. This Resolution shall take effect immediately upon its adoption by the City Council. PASSED, APPROVED AND EFFECTIVE on this lid day of ATTEST: , 2009. TH {TY OF GEORGEJOWN: r s Jesfica Hamilton, tit ,,,Secretary George G. Garver, Mayor h APPROVED AS TO FORM: Patricia E. Carls BRewN-&-C-ARts; P, City Attorney Resolution No. HB 4441