§ 7-110. Standard Enterprises, Inc.

Whereas, the Police Jury of Ouachita Parish, Louisiana, has heretofore expressed its willingness to grant unto Standard Enterprises, Inc., its successors and assigns, the franchise, right, privilege and authority to acquire, construct, extend, maintain, repair, replace, operate and remove in certain portions of Tanglewood Water Works District No. 1 of the Parish of Ouachita, State of Louisiana and Tanglewood Sewerage District Number One (1) of Ouachita Parish, Louisiana, (1) a system for the collection, transmission, distribution, and sale of potable water for all purposes for which water may be used and (2) a system for the collection, transmission and disposal of sanitary sewerage; provided the approval of the qualified electors residing within said districts as provided in Subpart A of Part III of Chapter 10 of Title 33 of the Revised Statutes of Louisiana of 1950, as amended, be first obtained, and provided, further, the sales of said systems be consummated between the respective water and sewerage districts and Standard Enterprises, Inc., and

Whereas, an election was held on October 10, 1972 in each of said districts, pursuant to the aforesaid provisions of law, at which the majority of voters cast their votes in favor of the proposals presented, all as set forth and shown in the process-verbal of said elections, copies of which are annexed hereto and made a part hereof, and

Whereas, the districts have entered into a purchase agreement with Standard Enterprises, Inc., providing for the sale and transfer of the respective water works and sewerage systems of said districts, copies of which are annexed hereto and made a part hereof.

Now therefore: Be it ordained by the Police Jury of Ouachita Parish, Louisiana, in legal session convened, that:

(1)

In consideration of the benefits to be derived by the residents of Tanglewood Water Works District No. 1 of the Parish of Ouachita, State of Louisiana, from the acquisition, installation, operation and maintenance of a water works and sanitary disposal system within the area comprising said districts, both being subdivisions of the Parish of Ouachita created pursuant to the constitution and laws of the State of Louisiana, the franchise, right, permission, and authority be, and the same is hereby granted to Standard Enterprises, Inc., its successors and assigns, to acquire, construct, extend, maintain, repair, replace, operate and improve a system for the collection, transmission, distribution and sale of potable water for all purposes for which water may be used, and a system for the collection, transmission and disposal of sanitary sewerage from domestic, commercial and industrial uses and for such other purposes for which said systems may be used. The grantee may construct, extend, maintain, repair, replace, operate and remove all necessary plants, works, mains, services, conduits, pipes, tanks and apparatus for such systems in, over, upon, across, along and under each and all streets, roads, alleys, avenues, bridges, parkways and other public places, in the franchised area as they may at any time exist, subject to the conditions and regulations hereinafter set forth.

(2)

All plants, works, mains, services, conduits, pipes, tanks and apparatus erected, installed, or placed under this grant by the grantee shall be located in utility easements, neutral grounds or alleys whenever practicable so to do and shall be located, whether in roads, streets, alleys, avenues, bridges, parkways or other public places, so as not to interfere unnecessarily with the use of such public areas; and all of the aforesaid work done by the grantee shall be done in accordance with the provisions of any and all general ordinances of said Parish, governing and excavation in and repair of public streets of said Parish.

(3)

The sewerage collection and disposal system to be acquired, constructed, operated and maintained by the grantee shall be for sanitary purposes only; and it is hereby declared that it is not intended or contemplated that the sewer mains, pipes or outlets will be used for discharge of storm water, surface water, ground water, roof run-off, sub-surface drainage, industrial waste or other matters not commonly discharged in sewers used for sanitary purposes.

(4)

The rates to be charged by said grantee and the rules and regulations governing the furnishing of services to inhabitants of said districts under this Ordinance shall be in accordance with those authorized by and one file with the Louisiana Public Service Commission or other public authorities having jurisdiction in the premises during the term of this Ordinance.

(5)

The quality of water distributed by grantee shall be of such standards as to conform with standards fixed by the Louisiana Public Service Commission and/or other public authorities having jurisdiction in the premises.

(6)

The franchises and all rights and privileges granted by this Ordinance are granted for a term of 50 years from and after the date of acceptance of this Ordinance by grantee as hereinafter provided.

(7)

Nothing herein contained in this Ordinance shall be construed as preventing, diminishing or restricting grantee from using for public utility purposes any easement shown on any plat or plats of any portion of said districts heretofore or hereafter platted or recorded or any easement which has been or may hereafter be created, granted, or dedicated for public utility purposes by any person, firm or corporation whatsoever.

(8)

Title to all water utility components and sanitary sewer and sewerage utility components, wherever situated, on public grounds or on easements for public utility purposes within said districts shall, upon its acquisition by the grantee, become and remain the property of grantee, its successors and assigns.

(9)

If any portion or section of this Ordinance shall be hereinafter declared or determined by any Court of competent authority to be invalid, grantee, at its election (to be given to the Police Jury by notice in writing after any such declaration or determination) may ratify or confirm the remaining portions of this Ordinance and upon such ratification or confirmation the remaining portions of this Ordinance shall remain in full force and effect.

(10)

This Ordinance shall become effective upon the unconditional acceptance thereof, in writing, by the grantee within sixty (60) days after the adoption hereof.

(Res. of 8-21-72; Ord. No. 7350, §§ 1—10, 12-11-72)