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City has no say on sour gas well
Payne Springs City Council rescinds amendment
By Pearl Cantrell
Monitor Staff Writer
PAYNE SPRINGS–On the advice of the city attorney, the Payne Springs City Council rescinded action recently taken to include Payne Spring’s extraterritorial jurisdiction under its oil and gas permitting ordinance.
That ordinance, passed June 30, would give the city council final say on the permitting of a sour gas well stationed within its ETJ.
However, in a special meeting lasting three minutes, held July 18, city council members voted to restore the ordinance to its “original state and content.” In this form, the ordinance does not include permitting rights into the city’s ETJ.
Councilman Carl Powell was not present at this meeting. However, at the June meeting, Powell had abstained from the vote.
A letter from attorney Raymond Shackleford had been reviewed by the council outlining why the extended ordinance was not in the city’s best interest.
Since Payne Springs is not governed by homerule, its no powers of the ETJ is limited to allowing subdivision developments in its ETJ, and only after entering into an agreement with Henderson County in order to have those subdivisions fall under its governing power.
This not being the case, the area of the proposed well falls within the purview of the county, which doesn’t have any powers with regard to licensing and issuing permits, Shackelford wrote.
“The authority falls within the power of the Texas Railroad Commission,” he writes.
Apparently, the city attorney had not been consulted prior to the June meeting extending the ordinance.
Mayor J.T. Noble had said the ordinance had been reviewed by an attorney. It just wasn’t the city attorney.
“I took it to my personal attorney to make sure the wording was right,” Noble said.
Shackelford said, that once a company seeks a permit, the city has a right to voice its concerns directly to the Commission.
“It is my sincerest hope that the licensing board would recognize the interests of the City of Payne Springs and prevent any type of licensing that would put any of our residents into harm’s way.
“The city may also seek to annex the disputed area, however, this may be difficult and be precluded by any type of contract that may exist between the land’s owner and the company seeking to explore,” he wrote.
During Tuesday’s regular meeting, an audience of about 75 people heard the reading of the minutes from the July 18 meeting.
During public comments, a Tool resident and advocate for closing down sour gas wells encouraged the council to speak with Tyler oil and gas lawyer Dwayne Vandorn.
“The city’s ordinance extension into its ETJ can most definitely be enforced and upheld,” Galen Hartman stressed.
Council members asked Noble to contact Vandorn.
Likewise, many more lake-area residents used their full five minutes to call for the shutting down of plans to drill a sour gas well just outside Payne Springs off State Highway 198 across from the access road to Enchanted Oaks and Indian Harbor.
Monitor Photo/Pearl Cantrell
Protesters hold signs outside Payne Springs Community Center during
Tuesday’s city council meeting.
Payne Springs City Council rescinds amendment
By Pearl Cantrell
Monitor Staff Writer
PAYNE SPRINGS–On the advice of the city attorney, the Payne Springs City Council rescinded action recently taken to include Payne Spring’s extraterritorial jurisdiction under its oil and gas permitting ordinance.
That ordinance, passed June 30, would give the city council final say on the permitting of a sour gas well stationed within its ETJ.
However, in a special meeting lasting three minutes, held July 18, city council members voted to restore the ordinance to its “original state and content.” In this form, the ordinance does not include permitting rights into the city’s ETJ.
Councilman Carl Powell was not present at this meeting. However, at the June meeting, Powell had abstained from the vote.
A letter from attorney Raymond Shackleford had been reviewed by the council outlining why the extended ordinance was not in the city’s best interest.
Since Payne Springs is not governed by homerule, its no powers of the ETJ is limited to allowing subdivision developments in its ETJ, and only after entering into an agreement with Henderson County in order to have those subdivisions fall under its governing power.
This not being the case, the area of the proposed well falls within the purview of the county, which doesn’t have any powers with regard to licensing and issuing permits, Shackelford wrote.
“The authority falls within the power of the Texas Railroad Commission,” he writes.
Apparently, the city attorney had not been consulted prior to the June meeting extending the ordinance.
Mayor J.T. Noble had said the ordinance had been reviewed by an attorney. It just wasn’t the city attorney.
“I took it to my personal attorney to make sure the wording was right,” Noble said.
Shackelford said, that once a company seeks a permit, the city has a right to voice its concerns directly to the Commission.
“It is my sincerest hope that the licensing board would recognize the interests of the City of Payne Springs and prevent any type of licensing that would put any of our residents into harm’s way.
“The city may also seek to annex the disputed area, however, this may be difficult and be precluded by any type of contract that may exist between the land’s owner and the company seeking to explore,” he wrote.
During Tuesday’s regular meeting, an audience of about 75 people heard the reading of the minutes from the July 18 meeting.
During public comments, a Tool resident and advocate for closing down sour gas wells encouraged the council to speak with Tyler oil and gas lawyer Dwayne Vandorn.
“The city’s ordinance extension into its ETJ can most definitely be enforced and upheld,” Galen Hartman stressed.
Council members asked Noble to contact Vandorn.
Likewise, many more lake-area residents used their full five minutes to call for the shutting down of plans to drill a sour gas well just outside Payne Springs off State Highway 198 across from the access road to Enchanted Oaks and Indian Harbor.
Monitor Photo/Pearl Cantrell
Protesters hold signs outside Payne Springs Community Center during
Tuesday’s city council meeting.
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