§ 19-4. Cuttings, excavations, crossings and construction in public roads; and crossings over ditches.

(a)

Damaging streets prohibited. The cutting, digging, or otherwise damaging public roads, streets and rights-of-way maintained by Ouachita Parish is prohibited.

(b)

Permit required. No person, firm or corporation, or agent thereof shall make any cuttings across any parish street or road, or erect, construct, and install any facility in, on, or about the right-of-way of any parish street or road without having first obtained a permit thereof from the director of public works, or his designee. No person, firm or corporation, or agent thereof, shall engage in any activity in connection with any construction in, or upon the rights-of-way of the parish roads, or streets without first obtaining a permit from Ouachita Parish, even though a franchise has been previously granted.

(c)

Permission required for bridges, crossings and placement of facilities in traveled surface or shoulder of roads. Any person, firm or corporation, or agent thereof is prohibited from providing a crossing or crossings, bridges, or culverts across ditches, and canals of any nature or kind maintained by Ouachita Parish, and from placing any facility within the traveled surface and shoulder portion of a parish street or road, except in accord with a special permit granted by the director of public works, or his designee, and in full accord with the rules, regulations and specifications of the director of public works, or his designee.

(d)

Deposit or bond. Every applicant for a permit to cut parish streets or roads or install facilities within parish rights-of-way shall deposit with the secretary-treasurer of the Ouachita Parish police jury the following amounts, to wit:

(1)

Cutting parish streets or roads, ten dollars ($10.00) per square foot.

(2)

Installing facilities within parish street or road rights-of-way, fifty cents ($0.50) per linear foot.

(3)

Boring or jacking underneath right-of-way, or roadway, one hundred dollars ($100.00), in addition to paragraph (2) above.

Said deposit may be posted in cash, by cashier's check or certified check, by a surety bond with a surety company licensed to do business in the State of Louisiana as a surety, or a performance bond, and shall be held as such by the Ouachita Parish police jury. Upon satisfactory completion of the restoration work for which the permit is issued, and approval thereof by the director of public works, or his designee, the deposit shall be returned to the applicant, except as provided in subsection (i).

(e)

Application for permit. Any person, firm or corporation, or agent thereof, seeking to or desiring to effect any crossing or construct any facility in, on, or about the right-of-way of the parish roads or streets shall make application therefor in writing to the director of public works, or his designee. The application shall set forth the nature of the work to be done, the reasons therefor, and the estimated required time for the work. The application shall be accompanied by sufficient plans, specifications and other data from which can be determined the quantity in cubic feet, yards, or otherwise the amount of resurfacing material necessary and proper to be required or needed in repaving and resurfacing the street or road in the area of the cut or crossing, or the linear feet of facility constructed within the parish rights-of-way.

(f)

Permit approval form and issuance. Upon the receipt of an application to make cuttings or crossings or effect any construction facility within the right-of-way of parish roads or streets, the parish will issue permits in accordance with the application. The permit shall contain the terms, conditions and specifications to which the work shall be done and the time in calendar days in which work shall be performed. The director of public works, or his designee may make such terms and conditions in connection with the issuance of such permits as may be deemed expedient. Any application that may require cutting or placement of a facility within the traveled surface, and shoulder portion of a parish street or road, must be submitted to the director of public works, or his designee, and when authorized to do so by the director of public works, the parish may issue permits in accordance with the application.

(g)

Approval of work. All work performed or to be performed pursuant to such permits shall be subject to the approval of the director of public works, or his designee. All work performed shall be in accordance with the State of Louisiana, department of transportation and development specifications, where applicable. Jetting or the use of water for excavation purposes shall not be permitted.

(h)

Restoration of surface. Every person, firm or corporation, or agent thereof performing work upon, or in parish road, or street rights-of-way pursuant to permits issued herein shall restore the roads, streets, or rights-of-way affected by his operations to the same conditions as they were prior to the execution of the work for which the permit was granted, and within the time limit specified in the permit; provided, however, that the holder of any permit issued shall not be responsible for delays in the work authorized, caused or occasioned by facts and circumstances beyond his control, such as but not limited to strikes, and what is commonly referred to as "acts of God." The failure of the permittee to complete the prescribed restoration work shall constitute a violation of this section, and is punishable as hereinafter provided.

(i)

Authority of parish for restoration. Ouachita Parish shall have the authority to backfill and restore road surfaces, or other portions of the rights-of-way excavated, or trenched by any person, firm, or corporation, or agent thereof during the installation of facilities, and shall be further authorized to render invoices to the appropriate person, firm or corporation, or agent thereof for reimbursement by said person, firm, or corporation, or agent thereof for all costs incurred in the restoration of the road surfaces, or rights-of-way so damaged or excavated, or trenched.

(j)

Affording ingress and egress for adjacent property. All holders of a permit pursuant to this section shall make every effort to permit ingress and egress to the property adjacent to the right-of-way in which the work is being performed.

(k)

Installation of nonferrous or nonconductive pipe or material. Any person, firm or corporation, or agent thereof which, while working in the parish rights-of-way pursuant to any permit, installs any nonferrous or nonconductive pipe or material into the parish rights-of-way, shall be required to install an insulated locator wire connected to said nonferrous or nonconductive pipe or material. The locator wire shall have approved above-ground access, and shall be maintained by said person, firm or corporation.

(l)

Self-bonding of public utilities. Upon presentation by a public utility to the Ouachita Parish police jury of a proposed written performance bond, the Ouachita Parish police jury may, after consideration of said proposed bond, grant unto public utilities the authority to bond themselves, their successors or assigns as required herein, thereby allowing said public utility to execute the bond without utilizing the services of a surety company licensed to do business in the State of Louisiana, as otherwise required herein. For the purpose of this subsection, "public utility" shall be defined as any person, public or private, subject to the general jurisdiction and regulations of the Louisiana public service commission, or the Ouachita Parish police jury, which in the course of its business regularly, and without discrimination, supplies the general public with some commodity or service, including but not limited to electricity, gas, water, transportation, telephone, telegraph service, or cable television service.

(m)

Overhead construction of aerial facilities. The provisions of subsection (b) or (d) shall not apply to overhead construction of aerial facility crossings of parish streets and roads or to the construction of facilities along the rights-of-way of parish roads, or streets provided that, to wit:

(1)

Supporting structures of the aerial facilities, guy wires, or other similar devices and appurtenances are installed either outside of, or not more than six (6) feet within the outside limits of the parish right-of-way.

(2)

Said supporting structures of the aerial facilities, guy wires, and similar devices and appurtenances do not fall within the street or road, and the streetside or roadside ditch located in the right-of-way.

(3)

No part of the facility will impede drainage along and about the rights-of-way.

(n)

Contengencies [Contingencies] related to overhead construction of aerial facilities. Every effort should be made to install supporting structures of aerial facilities, guy wires, other similar devices, and appurtenances as prescribed in subsection (m) above. In the event any aerial facility or part thereof does not conform to subsection (m) above, an application to the parish for a permit to install such facilities shall be made, and a bond of five dollars ($5.00) shall be posted with the parish for every pole or supporting structure to be installed within the parish right-of-way. The bond hereinabove referred to shall be either cash, cashier's check or certified check made payable to the Ouachita Parish police jury, or surety bond executed by a casualty insurance company authorized to do business in Louisiana, or a performance bond. When all poles, and other structures have been installed, and completed to the satisfaction of the director of public works, or his designee, the bond posted in connection therewith shall be returned to the applicant.

(o)

Clearances for aerial facilities. All aerial lines crossing Ouachita Parish streets and roads shall be erected so that the lines shall be in accordance with the current National Electrical Safety Code.

(p)

Penalty for violation. Any person, firm or corporation, or agent thereof, violating the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not more than five hundred dollars ($500.00), or imprisoned for not more than thirty (30) days, or both.

(Ord. No. 7142, §§ 1—4, 2-13-63; Ord. No. 7379, §§ 1—9, 11-19-73; Ord. No. 7403, §§ 1—5, 6-17-64; Ord. No. 7471, § 1, 11-17-75; Ord. No. 7513, § 1, 8-16-76; Ord. of 3-7-77; Ord. No. 7942, 1-14-85)