Res 2019-047/opposing the routing of the proposed Permian Highway Pipeline through Hays County

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RESOLUTION NO. 2019-47R 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.