KYLE, Texas -- A multi-billion dollar natural gas pipeline could soon be one step closer to coming to Central Texas. 

  • City passed pipeline installation ordinance
  • Ordinance would impact Permian Highway Pipeline
  • Kinder Morgan filed lawsuit

In July, Kinder Morgan filed a lawsuit against the City of Kyle for passing an ordinance regulating how pipelines can be installed in the city. 

RELATED | Second Round of Lawsuits Targets Permian Highway Pipeline

The ordinance would impact the installation of the Permian Highway Pipeline, which is set to cut through the city. 

“We asked them to bury the pipeline 13 feet deep, which will allow for us to put our wastewater lines or water lines and our streets over the top of their pipeline,” said Kyle Mayor Travis Mitchell.

RELATED: New Lawsuits in the Works After Permian Highway Pipeline Ruling

Mitchell said that Kinder Morgan’s lawsuit against the city argues that the City of Kyle doesn’t have the authority to pass that ordinance because the federal Pipeline Safety Act specifically prohibits cities from regulating pipelines on the basis of safety. 

RELATED: Proposed Pipeline Leads to Legal Battle for Hill Country Landowners

Mitchell disagrees, saying the ordinance is necessary to ensure the city can provide basic city services to its residents. 

“This ordinance is not designed to stop them. It's designed to regulate them in such a way that we can at least continue moving forward as a city with our infrastructure planning,” said Mitchell.

But last week the city council voted to pass a framework of an agreement. 

Kinder Morgan released a statement to Spectrum News saying:

“We are pleased with the progress we are making on PHP and have reached a mutually agreeable solution with the City of Kyle. At this point, about 70 percent of the right of way has been acquired. We expect to secure the few remaining easements and permits in the coming weeks and begin construction this fall.”

This coming week, Kyle City Council will vote on the drafted settlement. Mitchell said the city council has to consider the pros and cons of continuing an expensive lawsuit. 

“If the City of Kyle wins the day on the ordinance, the pipeline will still come. And we will not be regulating them on the basis of safety because we are not allowed to. So in order, if we win, it could potentially cost us millions of dollars. And I'm not sure how much benefit the public would have as a result of that,” said Mitchell.

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