§ 7-113. Laurel Grove Utility Association, Inc.

(a)

The Parish of Ouachita grants and there is hereby granted to the Laurel Grove Utility Association, Inc., a duly organized and nonprofit corporation, its successors or assigns, hereinafter called the "grantee," a nonexclusive franchise, right and privilege to construct, maintain and operate a sewerage system, either independently, or as an adjunct to another system, to sell and service its customers, users and members, within the following described areas of Ouachita Parish, Louisiana:

All lot owners in Laurel Grove Subdivision as per plat thereof in Plat Book 11, Page 73, Records of Ouachita Parish, Louisiana, and any lots or parcels of ground adjoining said subdivision.

(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 the Revised Statutes 33:4362.

(2)

In construction, maintaining and operating said sewerage 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. Said permit shall be issued upon request and 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 portion particularly pertains to sewer 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 sewer lines, meters, properties, etc., located on any parish road or parish right-of-way in Ouachita Parish, interferes with or obstructs the Ouachita Parish police jury's maintenance or improvement of such parish roads or rights-of-way, the grantee shall, at the request of the police jury, relocate such sewer 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 are herein granted in order to secure a valid indebtedness of said grantee, with notice to the Ouachita Parish police jury.

(Ord. No. 7980, 8-19-85)

Editor's note

Ord. No. 7980, adopted August 19, 1985, did not specifically amend the Code; therefore, inclusion as § 7-113 was at the discretion of the editor.