§ 15-2. Work in incorporated municipalities  


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  • (a) Request; approval. No maintenance, renovation, repair or replacement of streets, roads, bridges or culverts within the corporate limits of any municipality shall be performed by the parish highway department unless requested by the municipality and approved by the police jury.

    (b) Resolution required. Requests for assistance with the maintenance, renovation, repair or replacement of streets, roads, bridges and culverts shall be made by official resolution of the city, town or village council, in legal session convened, in substantially the following form:

    "RESOLUTION

    BE IT RESOLVED, by the ____________ Council of the ____________ of ____________ Louisiana, acting as the governing authority of the incorporated municipality of ____________, Louisiana in legal session convened, on this ____________ day of ____________, 19 ____________, that the Natchitoches Parish Police Jury be and is hereby requested to perform the following road maintenance work on all streets and roads within the corporate limits of ____________, Louisiana; for the period of January 1, 19____________ to December 31, 19____________:

    (1) Patch potholes and/or deteriorated sections of hardsurface streets and roads.

    (2) Blade aggregate surface roads to smooth surface and shoulders, including the placement or removal of materials necessary to accomplish this end.

    (3) Perform necessary maintenance on roadside and lateral ditches in order to provide reasonably effective drainage.

    (4) Bushhog road and/or street shoulders and backslopes including trimming and removal of roadside brush.

    (5) Place, construct, reconstruct or otherwise maintain drainage structures, including bridges and culverts.

    (6) Install or replace traffic-control devices.

    (7) Perform other necessary maintenance activities made necessary by unforeseen actions or "acts of God" which may adversely effect the use of the road or street, or present a hazard to the motoring public.

    BE IT FURTHER RESOLVED, that a certified copy of this resolution be sent to the President of the Natchitoches Parish Police Jury, along with a map of the municipality on which the location of all public roads and streets has been indicated. It is understood and agreed that the Police Jury can refuse to provide maintenance on any street or road indicated on said map if such road or street does not serve a clearly defined public need.

    BE IT FURTHER RESOLVED, that except for negligent acts of the Parish, its agents and employees, this Council shall assume all liabilities for and save the Parish, its agents and employees, harmless from any and all claims for damages, actions or causes of action arising out of the work done as a result of this request or the continuing use of the streets and roads in the incorporated limits of ____________, Louisiana.

    On a roll call vote the above resolution was adopted by the following vote:

    YEAS:

    NAYS:

    ABSENT:

    ATTEST:     ____________

    _____
    CLERK

    Accepted and agreed to by resolution of the Natchitoches Parish Police Jury this ____________ day of ____________ of 19____________.

    BY:  _____
    PRESIDENT
    NATCHITOCHES PARISH POLICE JURY"

    (c) Time established; map. The official request for maintenance of streets, roads, bridges or culverts shall be made annually, said period to begin on the first day of January of each year and extend to the last day of December of the same year, and shall be accompanied by a map of the municipality, on which the location of all streets and public roads has been indicated.

    (d) Public needs. No request for work on private property shall be considered by the police jury. The police jury reserves the right to refuse any request for maintenance on a street which, in its opinion, does not serve a clearly defined public need.

    (e) Submission of resolutions—Address. Copies of resolutions requesting assistance of the police jury shall be certified by the clerk of the council and submitted to:

    President
    Natchitoches Parish Police Jury
    P. O. Box 799
    Natchitoches, Louisiana 71457

    (f) Same—Nonemergency work. Requests for other than emergency work shall be made so as to allow the police jury adequate time for planning and scheduling of the work by the parish highway department. "Emergency" means an unforeseen mischance bringing with it the destruction or injury of life or property or the imminent threat of such destruction or injury, or as the result of an order from any judicial body to take any immediate action which requires construction or repairs.

    (g) Same—When required. All requests for major repair, renovation or replacement projects shall be submitted to the police jury no later than October tenth, in order that the police jury, should it determine to do so, may include such projects in its annual budget for the year beginning January first of the ensuing year.

    (h) Responsibility for streets, etc. The streets, roads, bridges and culverts for which assistance is requested shall remain the responsibility of, and under the jurisdiction of, the municipality. The police jury shall assume no liability whatsoever for such streets, roads, bridges and culverts except for the period during which construction or maintenance work is in progress.

    (i) Other specific requests. In the event the police jury grants the municipality's annual request for street maintenance, requests for specific items of work on specific streets, roads, bridges or culverts shall be handled in the same manner as requests in the unincorporated area of the parish.

(Ord. of 3-18-81, § 1(1—9))

refstatelaw

Construction and maintenance by parish of municipal streets and roads, R.S. 33:3317.