§ 8. Central Louisiana Electric Company, Inc.—Expires 2030.

(1)

The right, privilege and franchise for the period of fifty (50) years from the date this ordinance becomes effective, be and the same are hereby granted to Central Louisiana Electric Company, Inc. (a Louisiana corporation), its subsidiaries, successors and assigns, to erect, construct, maintain and operate lines, poles, wires, structures and other equipment and appurtenances for the transmission and distribution of electric energy over, on, along, under and across the state highways and public roads and public ways within the Parish of St. Martin, Louisiana, for the purpose of distributing, supplying and selling electricity for light, heat, power and other purposes, including the right to erect, construct and maintain towers, wires, cables, guy wires, stubs, anchors and braces, and all other necessary and proper fixtures and appliances in, on, along, over, under and across the state highways and public roads and public ways, or any one or more of them within the Parish of St. Martin, Louisiana (not within the limits of any incorporated municipality), including all state highways within the said parish.

(2)

The location and relocation of all poles and structures on state highways shall be made subject to the approval of the state highway engineer; and on public roads and public ways not constituting a part of the state highway system, subject to the approval of the parish engineer; and such structures shall not at any time interfere with the use, repair, maintenance or drainage of said state highways or public roads or public ways. Any expense incurred by the Louisiana Department of Highways or the police jury in connection with the location or construction of grantee's poles or other structures, pursuant to this grant, on public rights-of-way as established at the time of this grant, shall be borne by the grantee.

(3)

The grant of these rights, privileges and franchises on state highways within the parish is subject to the written approval of the state highway engineer, and it is stipulated that no work on said state highways done pursuant to the grant of these rights, privileges and franchises shall be in any manner contrary to or in conflict with existing laws of the state, or rules and regulations of the Louisiana Department of Highways.

(4)

The grantee, its subsidiaries, successors and assigns, shall at all times maintain such line or lines in good condition, and comply with all reasonable safety requirements in the operation thereof. All wires crossing said state highways or public roads or public ways shall, at all times, clear the surface thereof at least twenty-two (22) feet. Grantee shall protect and save harmless grantor from all claims and demands resulting from grantee's negligence in complying with the provisions of this section.

(5)

Should it be necessary to relocate any of the grantee's electric distribution facilities (defined as facilities transmitting electricity at less than 34.5 KV) because of road improvements or road construction or the installation and maintenance of other public works by the St. Martin Parish Police Jury, the cost of such relocation shall be borne by grantee.

(6)

The rights, privileges and franchises herein granted may be exercised at the option of grantee, its subsidiaries, successors and assigns, and at such time or times, and upon such of the state highways and public roads and public ways hereinabove described as in its judgment may from time to time deem proper.

(7)

This ordinance and the rights, privileges and franchises herein granted are not exclusive and shall become effective from and after the passage of this ordinance, and its formal acceptance in writing by the grantee.

(8)

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.

(9)

All ordinances and resolutions or parts thereof in conflict herewith be and the same are hereby repealed.

(Ord. of 2-5-80, §§ 1—9)