For the purposes of this article, the following words and terms shall have the scope and meaning hereinafter defined and set out in connection with each:
City block.
Any platted tract of land within the corporate limits of the city which has for its exterior boundary lines, as so platted, public streets, railway rights-of-way, United States government property lines, state property lines, a platted addition or subdivision, unplatted tracts of land, or the corporate limits of the city, or any combination of such boundaries.
Drilling block.
The entire area embraced within any drilling block as shown by the map adopted by section 4.10.002 or any drilling block map filed in the office of the city secretary as authorized by section 4.10.002.
Permittee.
The person to whom is issued a permit for the drilling and operation of a well under this article, and his administrators, executors, heirs, successors and assigns.
Technical words.
All technical or oil and gas industry words or phrases used in this article and not specifically defined herein shall have that meaning customarily attributable thereto by prudent operators in the oil and gas industry.
Well.
Any hole or bore, to any sand, formation, strata or depth, which is drilled, bored, sunk, dug or put down for the purpose of either exploring for or ascertaining the existence of any oil, gas, liquid hydrocarbons, or any of them, or for the purpose of producing and recovering any oil, gas, liquid hydrocarbons, or any of them.
(1964 Code, sec. 17-1)
(a) 
The corporate area embraced within the city limits is hereby subdivided into drilling blocks, as shown by a map of the city designated “Robstown Drilling Blocks,” which map is signed by the mayor and city secretary and is on file in the office of the city secretary, and which is hereby adopted and made part of this article. All such drilling blocks are numbered from one to forty-four inclusive, as shown on such map, with each drilling block for practical purposes being of an approximately compact form, and with the exterior boundaries of each drilling block being the centerline of the exterior adjoining and abutting streets and alleys of such drilling block, except as otherwise shown on such map.
(b) 
With reference to any lands which, on December 17, 1953, are situated outside the city limits and which lands subsequently become part of or are annexed to or brought into the corporate area embraced within the city limits, the city council shall have the power, and reserves the authority, to place the same or to subdivide the same into additional drilling blocks, with each such drilling block to contain, for practical purposes, approximately the equivalent area of the average drilling block shown on the map referred to in subsection (a) above, with each block to be numbered, and with each to be as shown by a map thereof signed by the mayor and the city secretary and filed in the office of the city secretary.
(c) 
The fact that any lands comprise or are a part of any drilling block as shown by any map identified or provided for in this section shall in no way authorize the drilling of any well thereon or the issuance of any permit therefor, if the drilling thereof or the issuance of a permit therefor is or may be otherwise restricted or prohibited under the terms of any other section of this article.
(d) 
The city council shall have the power, and reserves the authority, to consolidate one or more drilling blocks into a single block if in the judgment of the city council such consolidation is necessary in order for a well to be drilled at a location that complies with the provisions of this article or in order to avoid injury or disadvantage to the city or to its inhabitants or visitors as a group. In the event of such consolidation, the drilling blocks so consolidated by the city council shall be deemed to be one drilling block for the purposes of this article, and any permit granted by the city council for the drilling and operation of any well thereon shall include all of the lands covered thereby.
(1964 Code, sec. 17-2; Ordinance 867, sec. I, adopted 7/13/92)
(a) 
No well shall be drilled and no permit shall be issued for any well to be drilled at any location within a drilling block, which location is:
(1) 
Nearer than fifty (50) feet from the exterior boundary line of any drilling block.
(2) 
Nearer than three hundred fifty (350) feet from any residence.
(3) 
Nearer than three hundred fifty (350) feet of any other type of building or structure without the applicant having first secured the written permission of the owner or owners thereof.
(b) 
Likewise, no well shall be drilled and no permit shall be issued for any well to be drilled at any location within a drilling block, which location has been utilized in whole or in part as a cemetery or which location is a part of a city block as to which there are public record restrictions or covenants prohibiting the drilling of oil and gas wells within such city block.
(1964 Code, sec. 17-3)
No well shall be drilled and no permit shall be issued for any well to be drilled at any location within a drilling block, which location is within any of the streets or alleys of the city, and no street or alley shall be blocked or encumbered or closed in any drilling or production operation, except by special permit by order of the city council, and then only temporarily.
(1964 Code, sec. 17-4)
(a) 
On drilling blocks.
The city council shall have the power and reserves the authority to refuse any application for a permit to drill and operate any well on any drilling block where, by reason of the location of the proposed well and the character and value of the permanent improvements already erected on the block in question, or adjacent thereto, and the use to which the land and surroundings are adapted for school, college, university, hospital, or civic purposes, or for health reasons, or for safety reasons, or any of them, the drilling or operation of such well on such drilling block might be injurious or a disadvantage to the city or to its inhabitants as a whole, or to a substantial number of its inhabitants or visitors as a group.
(b) 
At particular locations within drilling blocks.
The city council shall have the power and reserves the authority to refuse any application for a permit to drill and operate any well at any particular location within any drilling block where, by reason of such particular location and the character and value of the permanent improvements already erected on or approximately adjacent to the particular location in question, and the use to which the land and surroundings are adapted for school, college, university, hospital, or civic purposes, or for health reasons, or for safety reasons, or any of them, the drilling or operation of such well on such particular location might be injurious or a disadvantage to the city, or to its inhabitants as a whole, or to a substantial number of its inhabitants or visitors as a group.
(1964 Code, sec. 17-5)
(a) 
Required; execution; approval; conditions.
In the event a permit is issued 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 a bond duly executed by the applicant, as principal, and by a reliable surety company authorized to do business in the state, as surety, running to the city for the benefit of the city and all persons concerned. Such bond shall be approved in writing by the mayor and shall be conditioned that the permittee will comply with the terms and conditions of this article in the drilling and operation of the well; that the permittee will comply with the terms and conditions of this article with reference to the payments herein provided to be paid to the owners of minerals and land in the drilling block on which the permittee does not hold oil and gas leases or contracts; that the permittee will promptly restore the streets and sidewalks, utility lines and other public property of the city of which may be disturbed and promptly clear all premises of all litter, trash, waste and other substances used, and restore such property to the same surface condition, as near as possible, as existed when operations for the drilling of the well were first commenced and that the permittee will promptly pay and discharge any liability imposed by law for damages on account of injury to property, either public or private, or bodily injury, including death, received or suffered by any person whomsoever and resulting from the drilling, operation, production or maintenance of such well and equipment, facilities, or appurtenances thereto; and that the permittee will indemnify and hold the city harmless from any and all liability growing out of or attributable to the granting of such permit.
(b) 
Amount generally.
The city council shall determine the amount of the principal sum of the bond required by this section, which shall not be less than one hundred thousand dollars ($100,000.00).
(c) 
Term; beneficiaries; suits.
The bond required by this section 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 two (2) years subsequent to the expiration of the term of the permit issued. Such bond shall accrue to the benefit of any person with reference to the conditions above stated and may be sued upon by him.
(d) 
New bond; reduction in amount.
(1) 
If at any time the city council shall deem any permittee’s bond to be insufficient for any reason, it may require the permittee to file a new bond, and upon such new bond being filed the sureties on the bond being replaced shall thereupon be discharged.
(2) 
At any time after the bond required by this section has been in force and effect for a period of one (1) year, the holder of a permit covered by such bond on a drilling block on which a well for the discovery of oil and gas has been placed in production by virtue of the authority granted in such permit may, upon written application to the city council, apply for a reduction in such bond, and the city council may, upon such application and within its discretion, reduce the principal amount of such bond to a sum not less than ten thousand dollars ($10,000.00). Nothing herein shall be construed as authorizing the council to reduce the principal amount of such bond until such bond has been in full force and effect for a period of one (1) year and until the well for the discovery of oil and gas, under any drilling permit issued by the city, shall have been drilled and placed in production or the property plugged and abandoned as a dry hole.
(3) 
In the event the city council should, in its discretion, reduce the amount of the required bond, as provided for in this subsection, the bond shall remain in full force and effect until such reduced bond is furnished to the city council and approved by it, whereupon the original bond shall be redelivered to the holder of the permit and may thereafter be cancelled. Such reduced bond, if permitted, shall be for a period of not less than one (1) year and shall be renewed each year thereafter and filed with the city, for so long as a producing well is maintained under the permit. Such bond shall be duly executed by the then holder of the permit for the drilling and operating of a well within the drilling block to which it is applicable, and shall be signed by a reliable surety company authorized to do business in the state and approved by the city council.
(1964 Code, sec. 17-6)
If ever and whenever in this article restrictions, prohibitions, or provisions conflict, and if ever and whenever restrictions, prohibitions or provisions in this article conflict with laws of the state or with regulations of the railroad commission of the state, in each such instance the more restrictive restriction, prohibition, or provision shall apply.
(1964 Code, sec. 17-7)