04-01-09-Resolution-Opposing House Bill 4441 Railroad Commission Authority-04/20/2009RESOLUTION If R 04-01-09A RESOLUTION OF THE OF THE CITY OF SANGER, 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 Sanger located in Denton 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-of4ays; 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 interest interests
of the citizens of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COMMISSIONERS OF THE CITY OF BANGER, TEXAS:
SECTION 1.
That the City Council for the City of Sanger, 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 2.
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 3.
This resolution shall take effect immediately upon its adoption by the City Council.
PASSED, APPROVED AND EFFECTIVE on this .10 day of it V t 120094
ATTEST:
Rosalie Chavez, City
Higgs; Ma
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