Bridlewood Quality of Life Coalition


Homeowners: SAVE your Property Rights from Drillers by kim0917
13 October 2009, 2:40 am
Filed under: Quality of Life, Uncategorized

If you do not live near a current drilling site today, that does not mean that you are out of the woods.  LISD has signed a lease. For the folks who live near Riverwalk keep your heads up.  South end of town, Hillard has signed a lease.  New leases on Wichita Trail have been signed.  The slight change in ordinances could change your situation.  There are no take backs, if this gets passed.  Please take time to sign the Petition before October 15th.  Council needs to know residents don’t want to bear the risks.

Homeowners: SAVE your Property Rights from Drillers

The Town has been asked, and is considering, making 2 changes to our Oil and Gas Ordinance.  
1.    Allow Seismic testing on the town’s public roads ways, which would include neighborhood streets.  
2.     Allow “produce water” (fracking wastewater) gathering and storage system that would transport produced water from other pad sites/location to a central storage location for removal by wastewater hauling trucks.  

This was proposed by Williams Gas Drilling, but would impact all drilling companies in Flower Mound. Town staff denied William’s request (see Town fact sheet).  Despite staff’s position, Council is proceeding with approval.  Mayor Smith & Council Member Levenick have both signed a Gas Lease with Williams.  William has told leasees they will not drill and they will not get their big $ if this does not pass. Which is why over 600 rural residents have signed a petition asking the council to vote yes. (See October 5th Council meeting)

Why you should object to losing your property rights.  VOTE “NO”

1.   Texas Supreme Court has found that mineral rights are superior to surface rights.  (The only thing protecting our property rights from drillers is our Town Ordinances).

2.   Homeowners are not covered by insurance if Seismic activity causes damage.

3.   If damage is caused to our HOA common property it also is our $$.

4.   Burden of Proof for damage is on the damaged party (good luck on that one – read the Town fact sheet)

5.   Wastewater is not just water or salt water.  It contains highly toxic chemicals including known carcinogens. (See Article on Radio Active Waste)

6.   Common carrier pipelines in Texas have a statutory right of eminent domain.  They can put pipelines carrying these toxic chemicals in our yards, parks, and school (LISD has already leased their minerals).  (See supporting information sheet for Texas Railroad url)

7.   Pipelines break!  When a pipeline breaks, you don’t notice until major damage has already occurred.  Say it breaks in your backyard and your pets or kids find it first.

8.   The Gas and Oil Industry are exempt from:  The Clean Air Act, The Clean Water Act, and the EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW ACT and many more.

9. Williams is drilling 100 wells and wants 30 tanks in their “tank farm” less than 1 ½ miles from homes and schools.  (Read the Clean Air report from Dish Tx)  What will Keystone and other drilling companies want to do???

10.  If you have signed a lease or do not own your mineral rights you may not have the ability to refuse Seismic Testing if incorporated in the ordinance.  Check your deed restrictions and or lease agreement.

Say No by signing the online petition:  (Over 600 rural residents have asked Council to vote Yes) http://www.petitiononline.com/fmogord9/petition.html

Contact your Town Council and ask them to protect what is left of your property rights.  Ask them to vote No to Seismic testing & Toxic Waste pipelines/”Tank Farms”. http://www.flower-mound.com/council/council.php


Supporting Information:
URL to last Monday night’s town meeting, where the Town Manager gave a report why the Town Staff said no to William’s request.  Click on the October 5th video and select Managers Report. http://www.flower-mound.com/public/fmtv.php <http://www.flower-mound.com/public/fmtv.php>

URL to Town Fact Sheet under “Seismic Testing and Produce Water Gathering System”: http://www.flower-mound.com/env_resources/env_resources_ong.php <http://www.flower-mound.com/env_resources/env_resources_ong.php>

URL to the White paper that the Town distributed at Monday’s Meeting (Collection Facilities “Tank Farms”: http://www.ead.anl.gov/pub/doc/ProducedWatersWP0401.pdf <http://www.ead.anl.gov/pub/doc/ProducedWatersWP0401.pdf>

URL to the New Article on Radioactive waste surface…, which the Town distributed at Monday’s meeting: http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/DN-norms_11wes.ART.East.Edition1.420fc23.html <http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/DN-norms_11wes.ART.East.Edition1.420fc23.html>

URL to Dish Tx air quality report:
http://www…townofdish.com/ <http://www.townofdish.com/>

1.   Texas Supreme Court has found that mineral rights are superior to surface rights. What this means is that although oil and gas companies will often promise to keep all disturbance removed from actual residential settings, if it is necessary to conduct further exploration that necessitates the use of your land, whomever owns mineral rights or possesses a lease to mineral rights can enter your land at any point in time with no notice, and you cannot receive compensation for any damage caused by their incursion on your property except if the damage is caused maliciously.  Unfortunately “Seismic Testing” is not considered malicious. http://www.associatedcontent.com/article/173748/real_estate_market_woes_mineral_rights.html?cat=6
2.   Common carrier pipelines in Texas have a statutory right of eminent domain. Common carrier pipelines are operators that transport oil, oil products, gas, carbon dioxide, salt brine, sand, clay, liquefied minerals or other mineral solutions.
For example, a pipeline transporting hazardous liquids would be a common carrier, and would have the right of eminent domain. A ‘common carrier’ pipeline transporting natural gas would be a ‘public utility’ (more commonly referred to as a ‘gas utility’), and also would have the power of eminent domain. The Railroad Commission does not have the authority to regulate any pipelines with respect to the exercise of their eminent domain powers. (http://www.rrc.state.tx.us/about/faqs/eminentdomain.php ).


Oil and Gas Industry exemptions: http://www.ewg.org/reports/Free-Pass-for-Oil-and-Gas/Oil-and-Gas-Industry-Exemptions

Sign the petition asking Council to vote NO.  (Over 600 rural residents have a signed a petition asking council to vote yes.  Don’t let your vote go uncounted)
 
Attend the October 15th Council Meeting @ 6:00.  Residents will not be allowed to speak at the work session.  Therefore if you have question send them to the council prior to the meeting.
 
 
Why Flower Mound Should NOT Negotiate with Williams to Change Gas Drilling Ordinance

If every gas driller incites “lease holders” to overrun city hall, Mobs will hold the town hostage and there will be nothing we as homeowners can do to protect ourselves from potential threats of:
 
–      Drilling toxic waste,

–      Uninsurable property damage,

–      Property devaluation, and

–      Cost of subsidizing drilling with our community tax dollars

Ordinance Change Briefing

Williams Drilling and Shiloh Road residences are asking for variances to our drilling ordinance.  Williams is using pressure on the Shiloh Road to storm city hall. Williams has threatened not to drill on the Shiloh Road leases unless the Shiloh residence can get Flower Mound Town council to change the drilling ordinance.    This ordinance change would allow for seismic testing and toxic wastewater piping in our neighborhood and near your homes, walls, pools, and ground piping.  
 
We think that the Williams and the Shiloh Road group have a right to drill.  Williams has been granted drilling permits by the Town of Flower Mound based on existing drilling ordinance.   We do not think the town should approve or negotiate on Williams contract “paper” nor should they open the ordinance given the direct and aggressive impact Williams is trying to have on Flower Mound politics.
 
Flower Mound Home Owners Drilling Bill of Rights

Seismic damage is not covered by homeowners insurance therefore we do not want seismic events in our neighborhoods.  
 
We do not want drilling within 1000 ft of our homes nor do we believe toxic waste should be piped through our neighborhoods.
 
We do not allow wastewater piping, tanks and infrastructure that produce toxic waste to be routed or located in our neighborhoods.
 
Homeowners, HOA’s nor City surface rights should NOT be taken away by changing the ordinance or offer code variances that would cause complex legal issues weakening the drilling code.
 
Taxpayers should not pay for or subsidize gas-drilling efforts.  They are heavily subsidized and protected by the government already.  
 
We recommend that air quality checks and other remediation and safety processes/standards be put in place to further protect town neighborhoods health and safety.  

Call to Action:
1. Sign the online petition.  http://www.petitiononline.com/fmogord9/petition.html <http://www.petitiononline.com/fmogord9/petition.html>

2. Contact your town council and tell them you don’t want them to change the ordinance
3.  Go to the October 15th (6:00) Town Council meeting.  If you are unable to make it, please send e-mail with your concerns.

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