§ 7-90. Indian Village Water System, Inc.

(1)

There is hereby granted to the Indian Village Water System, Inc., a duly organized and nonprofit corporation, its successors or assigns, hereinafter called the "grantee", a franchise, right and privilege to construct, maintain and operate a water system to sell and service its customers, users and members, within the following described area of Ouachita Parish, Louisiana:

Sections 4, 5, 6, 7, 8, 9, 16, 17, 18, 20 and 21, Township 17 North, Range 1 East, and Sections 29, 31, 32, 33, and 30, Township 18 North, Range 1 East.

(2)

This franchise is granted and subject to the following provisions:

(a)

This franchise so far as its applies to any state highway for the purpose herein specified, shall be without effect, without the written consent and approval of the Louisiana Department of Highways and no work shall be undertaken by the grantee on any state highway without the written consent of the Louisiana Department of Highways in accordance with the provisions of the Revised Statutes 33:4362.

(b)

In constructing, maintaining and operating said water system, no work shall be undertaken or performed by the grantee on any parish road or right-of-way without a written permit of consent from the Ouachita Parish Police Jury. Said permit shall be issued upon request and all work performed on any parish road or right-of-way shall be in accordance with minimum specifications of the Louisiana Department of Highways and policies and requirements of the Ouachita Parish Police Jury, and other such provisions set out in the permit issued for this purpose. This portion particularly pertains to waterlines, meters, properties, etc., paralleling or crossing under any parish roads or rights-of-way in Ouachita Parish, Louisiana.

(c)

In maintaining its properties, the grantee shall not unnecessarily or unreasonably impair or obstruct the streets, roads, alleys, highways, sidewalks and public grounds, and the grantee, at its own expense, without delay, make all necessary repairs to remedy any damages or remove any obstructions caused by its operation hereunder.

(d)

The grantee shall use reasonable precautions to avoid damages to persons or property and shall hold and save harmless the Parish of Ouachita from all damages, losses or expenses caused by the negligence of the grantee, its agents or employees while exercising any of the rights herein granted.

(e)

If it should, in good faith, be found during the term of this franchise, that any of the grantee's waterlines, meters, properties, etc., located on any parish road or parish right-of-way in Ouachita Parish, interferes with or obstructs the Ouachita Parish Police Jury's maintenance or improvement of such parish roads or rights-of-way, the grantee shall, at the request of the police jury, relocate such water lines, meters, properties, etc., at its own expense.

(3)

This franchise shall continue in existence so long as the grantee does exist for such purposes.

(4)

The grantee may mortgage, pledge or assign such rights as herein granted in order to secure a valid indebtedness of said grantee.

(Ord. No. 7519, §§ 1—4, 10-11-76)

Editor's note

Ord. No. 7519, §§ 1—4, adopted Oct. 11, 1976, did not expressly amend the Code. Codification herein as § 7-90 was, therefore, at the discretion of the editor.