§ 7-92. East Columbia Water District.

(a)

There is hereby granted to the East Columbia Water District, duly organized under the laws of the State of Louisiana, 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:

Section 32, T16N-R4E; Sections 4, 5, E½ of 6, E½ of 7, 8, 9, 16, 17, 18, T15N-R4E; Sections 37, 13, 14, 22, 23, 24, N¼ of 27, N¼ of 26, N¼ of 25, T15N-R3E.

(b)

This franchise is granted and subject to the following provisions:

(1)

This franchise, so far as it 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 Transportation and Development and no work shall be undertaken by the grantee on any state highway without written consent of the Louisiana Department of Transportation and Development in accordance with the provisions of the Revised Statutes 33:4362.

(2)

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 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 parish police jury, and other such provisions set out in the permit issued for this purpose. This portion particularly pertains to water lines, meters, properties, etc., paralleling or crossing under any parish roads or rights-of-way in Ouachita Parish, Louisiana.

(3)

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.

(4)

The grantee shall use reasonable precautions to avoid damages to persons or property and shall hold and save harmless the parish 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.

(5)

If it should, in good faith, be found during the term of this franchise, that any of the grantee's water lines, meters, properties, etc., located on any parish road or parish right-of-way in Ouachita Parish, interferes with or obstructs the 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.

(c)

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

(d)

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

(Ord. of 4-20-81, §§ 1—4)

Editor's note

The provisions of an ordinance of April 20, 1981, §§ 1—4, have been included as hereinabove set out in § 7-92 at the editor's discretion. Said provisions were nonamendatory of the Code.