§ 64-2. Definitions.

All technical industry words or phrases related to the drilling and production of gas wells not specifically defined in this article shall have the meanings customarily attributable thereto by prudent and reasonable gas industry operators. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandonment means "abandonment" as defined by the Texas Railroad Commission and includes the plugging of the well and the restoration of any well site as required by this article.

Amended permit means the permit required every time a change is made to or effects the original site-plan.

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year (one-hundred-year flood level).

Blowout preventer means a mechanical, hydraulic, pneumatic, or other device or combination of such devices secured to the top of a well casing, including valves, fittings, and control mechanisms connected therewith, which can be closed around the drill pipe, or other tubular goods which completely close the top of the casing and are designed for preventing blowouts.

Building means any structure used or intended for supporting or sheltering any use or occupancy. The term "building" shall be construed as if followed by the words "or portions thereof."

Cathodic protection means an electrochemical corrosion control technique accomplished by applying a direct current to the structure that causes the structure potential to change from the corrosion potential to a protective potential in the immunity region. The required cathodic protection current is supplied by sacrificial anode materials or by an impressed current system.

City means the City of Irving.

City attorney means the city attorney of the City of Irving or the city attorney's designee.

City code means the Code of Civil and Criminal Ordinances of the City of Irving, Texas.

Commission means the Texas Railroad Commission.

Completion of drilling, re-drilling, and reworking means the date the work is completed for the drilling, re-drilling, or reworking and the crew is released by completing their work or contract or by their employer.

Derrick means any portable framework, tower, mast, and/or structure which is required or used in connection with drilling or re-working a well for the production of gas.

Director of water utilities means the director of water utilities for the City of Irving or such director's designee.

Drilling means digging or boring a new well for the purpose of exploring for, developing, or producing gas or other hydrocarbons, or for the purpose of injecting gas, water, or any other fluid or substance into the earth.

Drilling equipment means the derrick, together with all parts of and appurtenances to such structure, every piece of apparatus, machinery or equipment used or erected or maintained for use in connection with drilling.

Drill site means the premises used during the drilling or reworking of a well or wells located there and subsequent life of a well or wells or any associated operation.

Exploration means geologic or geophysical activities, including seismic surveys, related to the search for gas or other subsurface hydrocarbons.

Fire department means the Fire Department of the City of Irving.

Floodplain means the land within a community subject to a one (1) percent or greater chance of flooding in any given year (one-hundred year flood level).

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.

Gas means any fluid, either combustible or noncombustible, which is produced in a natural state from the earth and which maintains a gaseous or rarefied state at standard temperature and pressure conditions and/or the gaseous components or vapors occurring in or derived from petroleum or natural gas.

Gas well means any well drilled, to be drilled, or used for the intended or actual production of natural gas or petroleum.

High impact permit means a permit required if the proposed well is to be located within six hundred (600) feet of a residence, religious institution, public building, hospital building, school, or public park.

Inspector means the gas inspector designated by the City Manager of Irving.

Operation site means the area used for development and production and all operational activities associated with gas after drilling activities are complete.

Operator means, for each well, the person listed on the Texas Railroad Commission Form W-1 or Form P-4 for a gas well that is, or will be, actually in charge and in control of drilling, maintaining, operating, pumping, or controlling any well, including, without limitation, a unit operator. If the operator, as herein defined, is not the lessee under a gas lease of any premises affected by the provisions of this article, then such lessee shall also be deemed to be an operator. In the event that there is no gas lease relating to any premises affected by this article, the owner of the fee mineral estate in the premises shall be deemed an operator.

Person means both the singular and the plural and means a natural person, a corporation, a governmental entity, association, guardian, partnership, receiver, trustee, administrator, executor, and fiduciary or representative of any kind.

Public building means all buildings used or designed to and intended to be used for the purpose of assembly of persons for such purposes as deliberation, entertainment, amusement, or health care. Public buildings include, but shall not be limited to, theaters, assembly halls, auditoriums, armories, mortuary chapels, dance halls, exhibition halls, museums, gymnasiums, bowling lanes, libraries, skating rinks, courtrooms, restaurants, hospitals, and nursing homes.

Public park means any land area dedicated to and/or maintained by the city for traditional park-like recreational purposes, but shall not include privately-owned amusement parks or privately-owned golf courses.

Re-drill means re-completion of an existing well by deepening or sidetrack operations extending more than one hundred fifty (150) feet from the existing well bore.

Religious institution means any building in which persons regularly assemble for religious worship and activities intended primarily for purposes connected with such worship or for propagating a particular form of religious belief.

Residence means a house, duplex, apartment, townhouse, condominium, mobile home, or other building designed for dwelling purposes, including those for which a building permit has been issued on the date the application for a gas well permit is filed with the gas inspector.

Reworking means re-completion or re-entry of existing well within the existing bore hole or by deepening or sidetrack operations which do not extend more than one hundred fifty (150) feet from the existing well bore, or replacement of well liners or casings.

Right-of-way means public rights-of-way including streets, easements, and other property within the city and which is dedicated to the use and benefit of the public.

School means any public and private, primary and secondary educational facilities providing education up through and including the twelfth grade level and any licensed day care centers, meaning a facility licensed by the State of Texas or by the City of Irving that provides care, training, education, custody, treatment, or supervision for more than six (6) children under fourteen (14) years of age, and for less than twenty-four (24) hours per day.

Street means any street, highway, sidewalk, alley, avenue, recessed parking area or other public right-of-way, including the entire right-of-way.

Supplemental permit means the city authorization required whenever drilling, re-drilling, deepening, re-entering, activating, or converting an existing gas well requires the return and re-employing of a drilling rig on site.

Tank means a container, covered or uncovered, used in conjunction with the drilling or production of gas or other hydrocarbons for holding or storing fluids.

Technical advisor means such person(s) familiar with and educated in the gas industry or the law as it relates to gas matters who may be retained from time to time by the city.

Urban gas well permit means a gas well permit other than a high impact gas well permit.

Well means a hole or holes, bore or bores, to any horizon, formation, or strata for the purpose of producing gas, liquid hydrocarbon, brine water, or sulphur water, or for use as an injection well for secondary recovery, disposal, or production of gas, or other hydrocarbons from the earth.

(Ord. No. 8580, § 1, 12-1-05; Ord. No. 8591, § 1, 1-12-06)