§ 7-97. Claiborne Electric Cooperative, Inc.

(1)

The Parish of Ouachita, hereinafter called the "parish", hereby ratifies and confirms the right of Claiborne Electric Cooperative, Inc., hereinafter called "cooperative", its successors and assigns, to operate and maintain the electric distribution lines heretofore constructed by said cooperative on, over, under, along, upon and across the roads, highways, alleys and public places in the Parish of Ouachita, Louisiana.

(2)

There is hereby granted to said Claiborne Electric Cooperative, Inc., its successors and assigns, a franchise, right and privilege, from the date of adoption hereof [August 9, 1965], to continue to supply electric power and energy to its present and future customers in those areas of the Parish of Ouachita, Louisiana, which it is presently serving, as shown on the parish map which is attached hereto and made a part hereof, and to provide electric service to any person, firm or corporation along or adjacent to its existing lines, together with the right to acquire or construct, operate and maintain such additional electric distribution and service lines with the appurtenant transformers, equipment and facilities as may be useful or necessary for the distribution and/or sale of electric power and energy in the areas served by its existing lines in the parish, as shown on said parish map, together with the right to erect, operate and maintain poles, masts, supports, wires, cables, conduits, conductors, transformers and all other appliances useful or necessary for the distribution and/or sale of electric power and energy over, under, along, upon and across the present and/or future streets, roads, highways, alleys and public places in the aforesaid areas of the parish, not within the limits of any incorporated city, town or village, and the right to repair, replace or remove the same or any portion thereof.

(3)

This franchise is granted upon and subject to the following provisions:

(a)

This franchise, so far as it applies to the use of any state highway for the purposes herein specified, shall be without effect without the written consent and approval of the Louisiana State Highway Engineer, and no work shall be undertaken by the cooperative on any state highway without the written consent of the state highway engineer in accordance with the provisions of Revised Statute 33:4362.

(b)

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

(c)

The cooperative shall use reasonable precautions to avoid damage or injury to persons or property, and shall hold and save harmless the parish from all damages, losses or expense caused by the negligence of the cooperative, its agents or employees, while exercising any of the rights herein granted.

(d)

If it should, in good faith, be found during the term of this franchise that any of the cooperative's poles or structures located on any parish road in Ouachita Parish, interferes with or obstructs the police jury's maintenance or improvement of such parish road, the cooperative shall, at the request of the police jury, relocate such poles or structures at its own expense.

(Ord. No. 7285, §§ 1—3, 8-9-65)

Editor's note

Ord. No. 7185, §§ 1—3 enacted the provisions contained in § 7-97, which being nonamendatory of this Code, were so codified at the editor's discretion.