§ 9-16. Ajax-Beulah Water Assoc., Inc

(a) The Natchitoches Parish Police Jury, in regular and legal session convened, does hereby grant to the Ajax-Beulah Water Association, Inc., its successors or assigns, hereinafter called the "grantee," a nonexclusive franchise, right and privilege to construct, maintain and operate in Natchitoches Parish, Louisiana, except any part or portion thereof lying and being within the corporate boundaries of any incorporation, town, or municipality, a water system to sell and service its customers, users and members.

(b)

(1)

Conditions. Be it further ordained, that this franchise is granted upon and subject to the following provisions:

a. All equipment used by grantee and all lines and devices used in the distribution of water to consumers shall be checked and approved by the Louisiana Department of Health and Human Resources and water supplied to consumers by grantee shall be tested and certified by the Louisiana Department of Health and Human Resources to meet its standards for human consumption.

b. 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 Highways and no work shall be undertaken by the grantee on any state highway without the written consent of the Louisiana Department of Highways in accordance with the provisions of The Revised Statutes 33:4362.

c. In constructing, maintaining and operating said water system, no work shall be undertaken or performed by the grantee on any parish road right-of-way without a written permit of consent from the Natchitoches 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 Natchitoches Parish Police Jury and other such provisions set out in the permit issued for this purpose. This portion particularly pertains to water lines, meters, properties, etc., paralleling or crossing under any parish roads or rights of way in Natchitoches Parish, Louisiana.

d. 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, shall make necessary repairs to remedy any damages or remove any obstructions caused by its operation hereunder.

e. The grantee shall use reasonable precautions to avoid damages to persons or property and shall hold and save harmless the Parish of Natchitoches from all damages, losses or expenses caused by or resulting from any actions whatsoever of the grantee, its agents, employees, or assigns, pursuant to the rights herein granted, without regard to the existence of actual negligence.

f. If it should be determined by the parish during the term of the franchise, that any of the grantee's water lines, meters, or other equipment, structures or properties located on any parish roads or parish rights-of-way in Natchitoches Parish, interferes with or obstructs the Natchitoches Parish Police Jury's maintenance, modification, improvement, reconstruction or relocation of such parish roads right-of-way, the grantee shall, at the request of the police jury, relocate such water lines, meters, or other equipment, structures or properties, at its own expense.

(2) Term. Be it ordained, that the franchise shall be for a period of forty (40) years from the date of the adoption hereof and as long thereafter as the grantee does exist for such purposes, subject to the right of the parish to terminate same for just cause shown and upon reasonable notice to grantee.

(3) Rights assignable. Be it further ordained, that the grantee may mortgage, pledge or assign such rights as herein granted in order to secure a valid indebtedness of said grantee.

(4) Jurisdiction. This franchise shall apply in the area hereinafter described.

a. Sections 26 through 37 of Township 11 North, Range 10 West;

b. Section 31 of Township 11 North, Range 9 West;

c. Sections 1 through 36 of Township 10 North, Range 10 West;

d. Section 6 through 9, Sections 15 through 18, Sections 19 through 22, Sections 27 through 34 of Township 10 North, Range 9 West;

e. Sections 1 through 24 of Township 9 North, Range 10 West;

f. Sections 3 through 10, Sections 15 through 22 of Township 9 North, Range 9 West, all of the above being located in Natchitoches Parish, Louisiana and reflected on the map on file to Natchitoches [Parish].

(5) Validity; severability. Be it further ordained, that if any provision or item of this ordinance or the application thereof is held invalid, such invalidity shall not affect other provisions, items, or applications of this ordinance which can be given effect without the invalid provisions, items, or applications, and to this end the provisions of this ordinance are hereby declared severable.

(6) Conflicting ordinances repealed. Be it further ordained, that all ordinances in conflict herewith are hereby repealed.

(Ord. of 12-15-04, §§ 1—6)