§ 7-94. Vixen Water System, Inc.

(a)

The Parish of Ouachita grants and there is hereby granted to the Vixen Water System, Inc., duly organized under the laws of the State of Louisiana, its successors or assigns, hereinafter called the "grantee," a nonexclusive 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 12 and 13, T15N, R2E; and Sections 9, 10, 15, 16, 17 and 18, 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 the written consent of the Louisiana Department of Transportation and Development in accordance with the provisions of Louisiana Revised Statute 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 Ouachita Parish Police Jury. 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 purpose particularly pertains to water lines, meters, properties, etc., paralleling or crossing under any parish road 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 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.

(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 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. No. 7993, §§ 1—4, 12-16-85; Ord. No. 8137, 1-9-89)