§ 7-112. Galion Utilities Corporation; sewer system in Westpark Subdivision.

(1)

In consideration of the benefits to be derived by the residents of Westpark Subdivision to Ouachita Parish, Louisiana, from the acquisition, installation, operation and maintenance of a sanitary sewerage disposal system within said subdivision, the franchise, right, permission, and authority be, and the same is hereby granted to Galion Utilities Corporation, its successors and assigns, to acquire, construct, extend, maintain, repair, replace, operate and improve 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 system 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 system 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 the 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 nor contemplated that the sewer mains, pipes or outlets will be used for discharge of storm water, surface water, ground water, roof run-off, subsurface 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 subdivision under this ordinance shall be in accordance with those authorized by and on file with the Louisiana Public Service Commission or other public authorities having jurisdiction in the premises during the term of this ordinance.

(5)

The franchise and all rights and privileges granted by this ordinance are granted for a term of fifty (50) years from and after the date of acceptance of this ordinance by grantee as hereinafter provided.

(6)

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.

(7)

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

(8)

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.

(9)

This ordinance shall become effective upon the acquisition of the sanitary sewerage collection system by Galion Utilities Corporation and upon the unconditional acceptance thereof, in writing, by the grantee within sixty (60) days after the adoption hereof.

(Ord. No. 7373, §§ 1—9, 9-10-73)