§ 7-114. Utility Data Service Corporation.

(a)

The Parish of Ouachita grants and there is hereby granted to the Utility Data Service Corporation, a duly organized corporation, its successors and assigns, hereinafter called the "grantee," a nonexclusive franchise, right and privilege to construct, maintain and operate a water system and 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:

That certain property located in West Pine Subdivision, Slocum Road South Subdivision and Green Acres Subdivision, and lots or parcels adjoining said subdivisions, all as more particularly described on Exhibits "A," "B" and "C" attached hereto.

(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 water and/or sewerage systems, no work shall be undertaken or performed by the grantee on any parish road or right-of-way without a written construction permit 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 written consent of the Ouachita Parish police jury. All work performed on any parish road or right-of-way shall be in accordance with minimum specifications of the Louisiana Department of Transportation and Development and policies and requirements of the Ouachita Parish police jury, and other such provisions as may be set out in the permit issued for this purpose. This section specifically applies to all construction activity of the franchisee, including the construction or placement of sewer and water lines and meters paralleling or crossing any parish road or rights-of-way in Ouachita Parish.

(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, and without delay, shall make all necessary repairs to remedy any damages or remove any obstruction 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 the Ouachita Parish police jury shall determine during the term of this franchise, that any of the grantee's sewer lines, water lines, meters, or other improvements 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, then the grantee shall, at the request of the police jury, relocate such sewer or water lines, meters, or other improvements, at its own expense.

(c)

This franchise shall be granted for a term beginning July 1, 1990, and ending June 30, 2000.

(d)

The grantee may assign such rights as are herein granted with the written consent of the Ouachita Parish police jury.

(Ord. No. 8182, 6-18-90)

Editor's note

The property description referred to in subsection (a) of this section are on file in the office of the secretary/treasurer.