§ 9. Louisiana Power and Light Company franchise renewal—Expires in 2020.

(1)

Be it ordained by the Police Jury of the Parish of St. Martin, Louisiana, in regular session duly convened, that the Parish of St. Martin, Louisiana, hereinafter called the "Parish," grants and there is hereby granted to Louisiana Power & Light Company, its successors and assigns, hereinafter called "Company," in addition to the rights and privileges presently in effect and enjoyed by the Company, a franchise, right, and privilege, from date of the adoption hereof, to supply electric power and energy throughout the Parish of St. Martin, Louisiana, and to the inhabitants thereof, or to any person, firm, or corporation, in such manner and from such sources as the said Company deems best, and the right to acquire, construct, operate, and maintain such plants, structures, transmission lines, distribution systems, and equipment as may be useful or necessary for the generation, production, transportation, distribution, and/or sale of electric power and energy throughout the Parish of St. Martin, Louisiana, and the right to erect, operate, and maintain poles, masts, supports, wires, cables, transmission lines, conduits, conductors, substations, distribution systems, and any and all other appliances useful or necessary for the transportation and/or distribution and/or sale of electric power and energy on, over, under, along, upon, and across all of the present and/or future streets, roads, highways, alleys, and public places of the Parish of St. Martin, Louisiana, not within the limits of any incorporated city, town or village, and the right to repair, replace, or remove same, or any portion thereof, and the right to connect any such transmission line or distribution system to any other transmission line or distribution system for the purpose of transporting electric power and energy into, through, or beyond the boundaries of the Parish.

(2)

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

1.

This Franchise, so far as it applies to the use of any state highway for the purposes herein specified, shall be without effect without the written consent and approval of the Louisiana State Highway Engineer, and no work shall be undertaken by the Company on any state highway without the written consent of the State Highway Engineer in accordance with the provisions of revised statute 33:4362.

2.

In maintaining its properties the Company shall not unnecessarily or unreasonably impair or obstruct the streets, roads, highways, alleys, sidewalks, and public grounds, and the Company shall, at its own expense, without unreasonable delay, make all necessary repairs to remedy any damage or remove any obstruction caused by its operations hereunder.

3.

The Company shall use reasonable precautions to avoid damage or injury to persons or property, and shall hold and save harmless the Parish from all damages, losses, or expense caused by the negligence of the Company, its agents or employees, while exercising any of the rights herein granted.

(3)

Be it further ordained, etc., that the Parish shall make, adopt, and enforce all ordinances necessary to protect the property and property rights of the Company owned and operated under this Franchise, and the Parish will not in any way interfere with the full legal use by the Company of the property which it now maintains or may hereafter maintain in the Parish.

(4)

Be it further ordained, etc., that this ordinance, the public health and welfare and the public necessity requiring it, shall take effect from and after its adoption.

(5)

Be it further ordained, etc., that this Franchise shall be for a period of twenty-five (25) years from the date hereof, and upon exercise by the Company of any of the privileges granted by this Franchise, it shall be irrevocable.

(6)

Be it further ordained, etc., that nothing in this Franchise shall be construed as superseding, repealing, cancelling, modifying, or in any way affecting any of the rights enjoyed by Louisiana Power & Light Company under that certain franchise granted by ordinance dated 12-18-45, adopted by the Police Jury on the 18 day of December, 1945, and said franchise is hereby recognized as continuing in full force and effect in accordance with its terms.

(Ord. of 11-7-95, §§ 1—6)