JONES CREEK — After 30 minutes of closed-door discussion, the Jones Creek Board of Aldermen terminated a right of way agreement that would have allowed the installation of a hydrogen pipeline under Primrose Lane.
The board voted in July to allow Praxair Inc. to construct an approximately 3,600-foot-long pipeline, for which Jones Creek receive $275,000 from the company in exchange.
Primrose resident Marcy Krampota, a candidate for mayor along with Alderman Terry Jeffers, brought her concerns to village council and representatives from Praxair and Wood Group in September, alleging the original deed allowed the street to be used only for road or utility purposes.
“I just started doing research and studying,” Krampota said Wednesday.
She said the city did not properly notify residents of the deal beforehand.
“The city didn’t even give us the opportunity to come in and share our concerns,” Krampota said.
Krampota and 22 other residents brought these concerns to attorney Wes Griggs, Griggs said. They were “concerned that the action by the council had not been properly noticed by requirements of Texas Open Meetings Law, and I agreed with them,” he said.
An original petition filed Nov. 13 in the 239th District Court named the 23 residents of Primrose Lane/Drive within the Peachcrest Homesites subdivision as plaintiffs.
The petition alleges a Brazoria County plat record includes a document created and defined the subdivision in 1946, stating “we hereby dedicate to the public the use of the roads as shown thereon for road purposes only.” Primrose is labeled “County Road” in the document, runs east to west and is the northernmost road in the subdivision, the petition states.
The lawsuit also alleges residents were not given sufficient notice of the project, constituting an open meetings violation. The council meeting agenda for July 16 included an item to “discuss and consider right of way agreement with Praxair, Inc.”
The case was set to have a hearing today, but it was canceled, according to online records.
Griggs hopes to “resolve everything by agreement” outside of court, he said.
Council discussed the agenda item with its attorney behind closed doors for about half an hour Tuesday, but had no public discussion before Jeffers made a motion to accept the resolution to terminate the right-of-way agreement. The council voted unanimously to approve the motion, though Alderman Corey Thomas abstained from participating in the closed-door discussion and the vote.
Thomas lives on Primrose and wanted to avoid a conflict of interest, he said.
“We’re all excited,” Krampota said. “Most of us are excited … that the pipeline is definitely not going down the road now.”
She was mainly concerned with the safety of residents on Primrose, along with the legality of the installation, Krampota said.
Krampota expects the pipeline will still go in Jones Creek’s extraterritorial jurisdiction, but not within city limits, she said.
Jones Creek city staff did not respond to a request for comment Wednesday.