§ 7-107. Greater Ouachita Water Co. franchise.

(1)

The Parish of Ouachita, Louisiana, hereinafter called the "parish", grants and there is hereby granted to Greater Ouachita Water Company, its successors and assigns, hereinafter called the "company", a nonexclusive franchise, right and privilege from June 12, 1963, to supply water to a portion of the parish and the inhabitants thereof, or any person, firm or corporation, and to acquire, construct, operate and maintain such plants, wells, structures, distribution system and equipment as may be useful or necessary for the production, transportation, distribution and sale of water, and the collection and final disposition of sewerage, in and through the parish, and the right to lay, operate and maintain mains, pipes, conductors, meters, connections and any and all other appliances useful or necessary for the transportation, distribution, and sale of water, and the collection and final disposition of sewerage, in, over, under, along, upon and across all of the present and future streets, roads, highways, alleys and public places situated in the Parish of Ouachita, Louisiana, not within the limits of any incorporated city, town or village, and the right to excavate therein for the purpose of laying, repairing, replacing or removing such pipes and appliances, or any portion thereof, and the right to connect any such mains or pipes to any other mains or pipes for the purpose of transporting water into, through or beyond the boundaries of the parish.

(2)

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

(a)

No work shall be undertaken by the company on any state highway without the written consent of the state highway engineer in accordance with provisions of Act No. 95 of 1921 [being R.S. Section 33:4362].

(b)

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

(c)

The company 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 company, its agents or employees, while exercising any of the rights herein granted.

(3)

The parish shall make, adopt and enforce all ordinances necessary to protect the property and property rights of the company owned and operated under this franchise, and the parish will not in any way interfere with the full legal use by the company of the property which it now maintains or may hereafter maintain in the parish.

(4)

This ordinance [section], the public health and welfare and public necessity requiring it, shall take effect from and after its adoption.

(5)

This franchise shall be for a period of thirty-five (35) years from date hereof and upon exercise by the company of any of the privileges granted by this franchise, it shall be irrevocable.

(Ord. No. 7150, §§ 1—5, 6-12-63)