For the purposes of this article, the following words and terms wherever and whenever used or appearing in shall have the scope and meaning hereafter defining and set out in connection with each:
Permittee.
Shall mean the person to whom is issued a permit or certificate for the drilling, operating and producing of a well under this article, and his heirs, legal representatives, successors and assigns.
Person.
Whenever used in this article means and includes any natural person, corporation, association, partnership, receiver, trustee, guardian, executor, administrator, and a fiduciary or representative of any kind.
Well.
Shall mean any hole or holes, bore or bores, to any sand, horizon, formation, strata or depth for the purpose of producing any oil, gas, liquid hydrocarbon, brine water, sulphur water, or any of them.
All technical or oil and gas industry words, or phrases used herein and not specifically defined shall have that meaning customarily attributable thereto by prudent operators in the oil and gas industry.
(1989 Code of Ordinances, Chapter 4, Section 1A)
(a) 
It shall be unlawful and an offense for any person acting either for himself or acting as agent, employee, independent contractor, or servant for any person to knowingly drill any well within the corporate limits of the City of Plains without a permit having first been issued by the authority of the city council of the City of Plains in accordance with the terms of this article.
(b) 
When a permit has been issued for the drilling of a well, such permit shall constitute sufficient authority for drilling, operation, production, gathering of production, maintenance, repair, reworking, testing, plugging and abandonment of the well, and for the construction and use of all facilities reasonably necessary or convenient in connection therewith, including gathering lines and discharge lines by the permittee and its employees, agent, and contractors, and any zoning ordinance to the contrary notwithstanding; provided, however, that a new or supplemental permit shall be obtained before such well may be deepened below the geological formation in which it was originally completed.
(c) 
No permit shall authorize the drilling of more than one (1) well.
(1989 Code of Ordinances, Chapter 4, Section 1B)
Every application for a permit to drill a well shall be in writing, signed by the applicant or some person duly authorized to sign on his behalf; and it shall be filed with the city secretary of the City of Plains. In case a permit is requested for the purpose of drilling a well, the application shall be accompanied by a filing fee of three hundred dollars ($300.00). A separate application shall be required for each well. The application shall include full information, including the following:
(1) 
The date of the application;
(2) 
The name of the applicant;
(3) 
The address of the applicant;
(4) 
Proposed site of the well, including:
(A) 
Name of the lease owner.
(B) 
Accurate description of the land.
(C) 
Location with respect to property lines, right-of-way boundaries, and the grades.
(5) 
Type of derrick, if any, to be used.
(6) 
The proposed depth of the well.
(7) 
Location of compressor, compressor control, or safety devices with explanation of operating characteristics of each.
(8) 
The name of the person or persons to be notified in case of an emergency.
(9) 
Proposed hole size, casing program and cementing program.
(10) 
Proposed plans for location, construction and operation of all tanks, heaters, separators, or all treating facilities of any type a minimum of six hundred (600) feet outside the city limits and proposed plans for piping any products from the producing well to these facilities.
(1989 Code of Ordinances, Chapter 4, Section 1C)
The city council within twenty (20) days after the filing of the application for a permit to drill a well for the production of oil, gas and liquid hydrocarbons, brine water and sulphur water, shall determine whether or not the application complies in all respects with the provisions of this article, and if it does and is approved, the city council shall issue a permit for the drilling of the well or the installation of the facilities applied for. Each permit shall:
(1) 
By reference have incorporated therein all the provisions of this article with the same force and effect as if this article were copied verbatim in such permit.
(2) 
Specify the location of the proposed well with particularity to lot number, block number, name of addition or subdivision section line or other available correct legal description.
(3) 
Contain and specify that the term of such permit shall be for a period of one (1) year from the date of the permit and as long thereafter as the permittee is engaged in drilling operations with no cessations of such operations for more than ninety (90) days, or oil or gas is produced in commercial quantities from the well drilled pursuant to such permit, provided that if at any time after discovery of oil or gas the production thereof in commercial quantities shall cease, the term shall not terminate if the permittee commences additional reworking operations within ninety (90) days thereafter, and if they result in the production of oil or gas, so long thereafter as oil or gas is produced in commercial quantities from said well.
(4) 
Contain and specify such other terms and provisions as may be necessary in a particular case to accomplish the purpose of this article.
(5) 
Specify the hole size, casing program, cementing program and total depth to which the well, if any, will be drilled.
(6) 
Contain and specify that no actual operations shall be commenced until the permittee shall file and have approved an indemnity bond in the designated principal amount as so determined by the city council or has complied with the bond and insurance provisions of this article.
(7) 
Such permit, in triplicate originals, shall be signed by the city secretary, and prior to delivery to permittee shall be signed by the permittee (with one original to be retained by the city and the others by the permittee); and when so signed, it shall constitute the permittee's drilling and installation license, as well as the contractual obligations of the permittee to comply with the terms of such permit, bond, and of this article.
(1989 Code of Ordinances, Chapter 4, Section 1D)
In the event of a failure of a permittee to comply with any provision of this article, the city secretary shall issue in writing a notice to the permittee of the nature of the noncompliance and stating a reasonable time necessary to gain compliance. After lapse of such reasonable time, if compliance has not been made, the council may suspend the permit for a period of time or cancel the permit.
(1989 Code of Ordinances, Chapter 4, Section 1E)
(a) 
Once any well has either been completed as a producer or abandoned as a dry hole, it shall be unlawful and an offense for any person to drill such well to a deeper, geological formation than that reached in the prior drilling operations without the permittee, as to such well, obtaining a supplemental permit after filing a supplemental application with the city council specifying:
(1) 
The condition of the well and the casing therein.
(2) 
The depth to which it is proposed that such well will be deepened.
(3) 
The proposed casing and cementing programs to be used in connection with the proposed deepening operation.
(b) 
In the event the council is satisfied that such well may be deepened with the same degree of safety as existed in the original well, a supplemental permit may be issued for an additional one hundred dollars ($100.00) filing fee to the permittee, authorizing the deepening and operation of the well to such specified depth as applied for. In any deeper drilling or any deeper completion of any deeper production operations, the permittee shall comply with all provisions contained in this article and applicable to drilling, completion, operation and production of a well or wells.
(c) 
If the operator has removed the derrick and drilling equipment from the location the supplemental permit shall comply with the requirements specified for a permit in Section 4.104 of this article.
(1989 Code of Ordinances, Chapter 4, Section 1F)
In the event a permit be issued by the city council under the terms of this article for the drilling and operation of a well, no actual drilling operations shall be commenced until the permittee shall file with the city secretary of the City of Plains, a bond and certificate of insurance as follows:
(1) 
A bond of principal sums of such number of dollars as has been so determined by the city council of the City of Plains, but not less than twenty-five thousand dollars ($25,000.00). Said bond to be executed by a reliable insurance company authorized to do business in the State of Texas, as surety, and with applicant as principal, running to the City of Plains for the benefit of the city and all persons concerned conditioned that the permittee will comply with the terms and conditions of this article in the drilling and operation of the well. Said bond shall become effective on or before the date the same is filed with the city secretary and remain in force and effect for at least a period of six (6) months subsequent to the expiration of the term of the permit issued, and in addition, the bond will be conditioned that the permittee will promptly pay off fines, penalties and other assessments imposed upon permittee by reason of his breach of any of the terms, provisions and conditions of this article, and that permittee will promptly restore the streets and sidewalks, and other public property of the city which may be disturbed or damaged in the operations to their former condition; and that the permittee will promptly clear all premises of all litter, trash, waste, and other substances used, allowed, or occurring in the drilling or producing operations, and will, after abandonment, grade, level and restore said property to the same surface condition, as nearly as possible, as existed when operations for the drilling of the well or wells were first commenced; and that the permittee will indemnify and hold the City of Plains harmless from any and all liability growing of or attributable to the granting of such permit. If at any time the city council of the City of Plains should deem any permittee's bond to be insufficient for any reason, it may require the permittee to file a new bond. If after completion of a well permittee has complied with all the provisions of this article, such as removing the derrick, clearing premises, etc., he may apply to the city council to have said bond reduced to a sum of not less than ten thousand dollars ($10,000.00) for the remainder of the time said well produces without reworking. During reworking operations the amount of the bond shall be increased to the original amount.
(2) 
In addition to the bond required in subsection (1) above, the permittee shall carry a policy or policies of standard comprehensive public liability insurance, including contractual liability covering bodily injuries and property damage, naming the permittee and the City of Plains, in an insurance company authorized to do business with the State of Texas, said policy or policies in the aggregate shall provide for the following minimum coverages:
(A)
Bodily injuries -
$100,000.00 one person;
$300,000.00 - one accident
(B)
Property damage -
$200,000.00
Permittee shall file with the city secretary certificates of said insurance as above stated, and shall obtain the written approval thereof by the city secretary, who shall act thereon within ten (10) days from the date of such filing. Said insurance policy or policies shall not be cancelled without written notice to the city secretary, at least ten (10) days prior to the effective date of such cancellation. In the event said insurance policy or polices are cancelled, the permit granted shall terminate, and permittee's rights to operate under said permit shall cease until permittee files additional insurance as provided herein.
(3) 
If after completion of a well permittee has complied with all of the provisions of this article, such as to removing derrick, clearing premises, etc., he may apply to the city council to have said insurance policies reduced as follows:
(A)
Bodily injuries -
$50,000.00 one person;
$100,000.00 - one accident
(B)
Property damage -
$ 50,000.00
for the remainder of the time said well produces without reworking. During reworking operations the amount of the insurance policy or policies shall be increased to the original amount.
(1989 Code of Ordinances, Chapter 4, Section 1G)
(a) 
No permittee shall make any excavations for any purpose or construct any lines for conveyance of fuel, water or minerals on, under or through the streets or alleys or other land of the City of Plains without an express easement or right-of-way license from the city, at a price to be agreed upon, and then only in strict compliance with the ordinances of the city and the specifications established by the city.
(b) 
The digging up, breaking, excavating, tunneling undermining, breaking up, or damaging of any street as herein defined, or leaving upon any street any earth or other material or obstruction, shall not be permitted unless such persons shall first have obtained written permission from the city secretary, and then only in compliance with specifications established by him.
(1989 Code of Ordinances, Chapter 4, Section 1H)
No well shall be drilled and no permit shall be issued for any well to be drilled at any location which is within any of the streets or alleys of the city and/or streets or alleys shown by the master plan of the city, and no streets or alleys shall be blocked or encumbered or closed in any drilling or production operation except by written permission of the city council, and then only temporarily.
(1989 Code of Ordinances, Chapter 4, Section 1I)
(a) 
No well shall be drilled and no permit shall be issued for any well to be drilled at any location within two hundred fifty (250) feet of any residence or commercial building located within the city. Provided, however, that the council may, in exceptional cases, in considering any application for a permit, require a greater distance, depending on the circumstances and so specify in the permit.
(b) 
No high pressure water or gas injection well or a compressor used in conjunction therewith shall be located within the city limits.
(1989 Code of Ordinances, Chapter 4, Section 1J)
It shall be unlawful and an offense for any person to use or operate in connection with the drilling or working of any well within the corporate limits of the City of Plains, any wooden derrick or any steam-powered rig, and all engines shall be equipped with adequate mufflers. The drilling rig or derrick shall be removed from the premises within thirty (30) days from the date of completion of the well, and thereafter, when necessary, such completed well shall be served by portable rigs, which shall be removed from the premises within fifteen (15) days from the completion of the servicing operation. At all times from the start of erection of a derrick or a mast, or a ginpole, until the well is abandoned and plugged or completed as a producer and enclosed as herein provided, the permittee shall keep a watchman on duty on the premises at all times when other workmen of permittee are not on such premises.
(1989 Code of Ordinances, Chapter 4, Section 1K)
(a) 
All drilling and operations at any well performed by a permittee under this article shall be conducted in accordance with the practices of a reasonable and prudent operation in Yoakum County, Texas. All casing, valves, and blow-out preventors, drilling fluid, tubing, well head, Christmas tree, and well head connections, shall be a type and quality approved by the city council and city inspector. Setting and cementing casing and running drill stem tests shall be performed in a manner and at a time approved by the city council and city inspector. Each permittee under this subsection shall observe and follow the regulations of the Railroad Commission of the State of Texas.
(b) 
An internal combustion engine may be used in the drilling operations of the well, or wells, and if an internal combustion engine is used, mufflers be installed on the mud pumps and engines so as to reduce noise to a minimum, all of said installations to be done in accordance with accepted practices for fire prevention purposes. For production purposes, only electric power may be used, except that whenever electric power is unavailable, impractical or it becomes economically more feasible for an internal combustion engine to be used, then such an engine may be used for production purposes upon the issuance of a permit therefor by the city secretary or his authorized representative. Drilling operations must be conducted in such a manner that percolating or ground water will not be adversely affected, including the prevention of vertical movement of percolating water.
(c) 
All oil drilling and production operations shall be conducted in such a manner as to minimize, so far as practicable, dust, noise, vibration or noxious odors, and shall be in accordance with the best accepted practices incident to drilling for the production of oil, gas and other hydrocarbon substances. Proven technological improvements in drilling and production methods may be adopted as they may become from time to time available if capable of reducing factors of nuisance and annoyance.
(d) 
Except in case of emergency, no materials, equipment, tools or pipe used for production operations shall be delivered to or removed from the site except between the hours of 7:00 a.m. and 8:00 p.m. on any day.
(e) 
Adequate fire fighting apparatus and supplies as approved by the fire department shall be maintained on the drilling site at all times during drilling and production operations. No refining process or any process for the extraction of products from natural gas shall be carried on at the drill site. Any separator of liquids from natural gas shall serve only one well.
(f) 
All production equipment used shall be so constructed and operated so that no noise, vibration, dust, odor, or other harmful or annoying substances or effect which can be eliminated or diminished by the operations carried on at any drilling site or from anything incident thereto, to the injury or annoyance of persons living in the vicinity; nor shall the site or structures thereon be permitted to become dilapidated, unsightly or unsafe. Proven technological improvements in methods of production shall be adopted as they from time to time become available if capable of reducing factors of nuisance or annoyance. There shall be no venting of gas into the open air.
(g) 
The well site shall not be used for the storage of pipe, equipment, or materials except during the drilling or servicing of the well or the production facilities allowed on the site.
(h) 
No refinery, dehydrating or absorption plant of any kind shall be constructed, established or maintained on the premises at any time.
(i) 
Only steel slush pits shall be permitted in connection with the drilling operation. These pits and their contents shall be removed from the premises and the drilling site within thirty (30) days after the completion of the well. All their contents shall be removed to a location outside the city limits.
(1989 Code of Ordinances, Chapter 4, Section 1L)
The city council shall appoint an oil and gas inspector, and his compensation shall be set by the city council; and said inspector may be removed at the will of said city council. It shall be the duty of the oil and gas inspector to enforce the provisions of this article.
(1989 Code of Ordinances, Chapter 4, Section 1M)
The premises shall be kept in a clean and sanitary condition. The permittee shall take reasonable precautions to prevent any mud, wastewater, oil, slush or other waste matters from flowing into the alleys, streets, lots or leases within the corporate limits of the city. All permittees premises shall be kept clear of high grass, weeds and combustible trash within a radius of one hundred (100) feet around an oil tank, tanks, or producing wells. All waste shall be disposed of in such manner as to comply with the air and water pollution control regulations of the State of Texas and all ordinances of the City of Plains.
(1989 Code of Ordinances, Chapter 4, Section 1N)
It shall be unlawful and an offense for any person to use, construct, or operate in connection with any producing well within the city limits any crude oil storage tanks, test tanks, heaters, separators, or oil treating facilities of any type. These facilities shall be located a minimum of six hundred (600) feet outside the city limits. All products from a producing well or wells within the city limits shall be piped to these facilities outside the city limits. The construction, operation and location of all tanks, heaters, separators, or oil treating facilities shall be in a manner consistent with a reasonable and prudent operation in Yoakum County, Texas and consistent with the regulations of the Texas Railroad Commission.
(1989 Code of Ordinances, Chapter 4, Section 1O)
(a) 
Any person who completes any well as a producer shall have the obligation to enclose such well, together with its surface facilities, with a chain link fence, six (6) feet high and properly built and thereafter maintained so as to ordinarily keep persons and animals out of the enclosure, with all gates thereto to be kept locked when the permittee or his employees are not within the enclosure.
(b) 
The well site shall not be used for the storage of pipe, equipment, or materials except during the drilling or servicing of the well.
(1989 Code of Ordinances, Chapter 4, Section 1P)
(a) 
Any permittee engaged in the drilling or operation of an oil and/or gas well or the operation of any facility used in conjunction with the production of oil and/or gas within the corporate limits of the city shall take reasonable precautions to prevent gas from escaping into the air, and shall not flare or burn gas from a torch or any similar means within the corporate limits of the city.
(b) 
Emergency fire fighting apparatus and supplies, subject to the approval of the fire department of the city, shall be maintained on the drill site at all times during the drilling operations, and on the site of each compressor used for gas injection operations.
(c) 
The permittee shall place a sign at each well location or site to identify the well.
(1989 Code of Ordinances, Chapter 4, Section 1Q)
Any violation of the laws of the State of Texas or any rules, regulations, or requirements of any state or federal regulatory body having jurisdiction in reference to drilling, completing, equipping, operating, producing, maintaining, or abandoning an oil or gas well or related appurtenances, equipment or facilities, or in reference to fire walls, fire protection, blow-out protection, safety protection, or convenience of persons or property, shall also be a violation of this article and shall be punishable in accordance with the provisions hereof.
(1989 Code of Ordinances, Chapter 4, Section 1R)
Permittee shall make adequate provisions for the disposal of all salt water or other impurities which he may bring to the surface, such disposal to be made in such manner as to not contaminate the water supply, present or prospective, or to injure surface vegetation.
(1989 Code of Ordinances, Chapter 4, Section 1S)