§ 32. Wanda Petroleum Inc.—Expires in 2016.

(a)

Now therefore, be it ordained by the Police Jury of the Parish of St. Martin, State of Louisiana, in regular session legally convened that there is hereby granted to Wanda Petroleum, Inc., a foreign corporation organized and created under the laws of the State of Texas, authorized to do and doing business in the State of Louisiana, its successors and assigns, a nonexclusive franchise, right and privilege to construct, operate and maintain in, over, through, across, along and under the public roads, highways, streets, alleys, ditches, navigable streams, bayous, creeks, canals, lakes, levees, rivers, lands and other properties under the jurisdiction of said Police Jury, and within the corporate limits of the City of Breaux Bridge, Louisiana, pipelines for the transportation of oil, gas petroleum products or any other liquids, gases or substances which can be transported through a pipeline, with appliances, tie-overs, and appurtenances necessary or convenient in the operation thereof, including telephone, telegraph and other communication transmission lines and also lines for the transmission of electrical energy for the cathodic protection of the steel pipes against corrosion when constructed in accordance with the requirements adopted by the Director of Highways of the State of Louisiana with respect to pipelines and telephone, telegraph and other communication transmission lines and lines for the transmission of electrical energy for the cathodic protection of the steel pipes against corrosion laid under State Highways.

(b)

Be it further ordained, that in the exercise of the privilege herein conferred, Wanda Petroleum, Inc., agrees and guarantees to hold harmless the said Police Jury of St. Martin Parish, Louisiana and the individual members thereof from any and all loss, damages or expenses which they may suffer on account of the grant of this franchise and privileges and operations thereunder, and if grantee shall fail to complete any restoration work, this parish and its officers shall have the right to do such work at grantee's expense, and grantee shall reimburse the parish forthwith for all actual costs which are necessarily incurred; but this franchise shall never be construed as exclusive, or as conferring rights or privileges within the present boundaries of presently existing in corporated municipalities, and the rights herein conferred shall not be exercised in, over or upon thoroughfares or rights-of-way now officially included within the State Highway System without the consent of the proper state authorities.

(c)

Be it further ordained, that the granting of this franchise shall not impair, in any respect, the right and privilege of the governing authorities of the Parish of St. Martin to fully use, repair, maintain, relocate, open or otherwise improve the public roads, streets, alleys and drainage channels of the Parish of St. Martin, and any expense incurred by the governing authorities of the Parish of St. Martin in connection with the necessary relocation or removal from public roads or other public ways or channels of structures and installations owned and used by grantee in exercising the rights granted hereunder shall be borne by the grantee.

(d)

Be it further ordained, that the grantee, its successors and assigns, shall at all time maintain its pipeline or pipelines and other installations in good condition and comply with all safety requirements in the operation of same, as directed by the parish engineer of St. Martin Parish or such other officer as grantor may designate.

(e)

Be it further ordained, that the said pipeline or pipelines, when crossing any hard-surfaced public road, street or alley shall be three (3) feet below the traveled portion of such roadway and not less than three (3) feet below the bottom of the drainage channels or at such depth as not to impede or interfere with the proper drainage and maintenance of roadways and drainage channels, except that at main drainage channels, the pipeline or pipelines shall be buried at a depth of not less than five (5) feet below the bottom of the channel; provided that if the parish engineer deems it necessary for reasons of safety or for other reasons that the crossings below the bottom of drainage channels be lowered, then grantee, its successors or assigns, shall lower the pipeline or pipelines at such crossing at its own expense and shall also mark each channel crossing with an appropriate sign indicating the presence of a pipeline.

(f)

Be it further ordained, that for and in consideration of the rights herein acquired, grantee binds and obligates itself, its successors and assigns, at its sole cost and expense, to relocate, lower, case and vent its existing pipelines, at locations where the governing authorities of the Parish of St. Martin hereafter construct hard-surfaced roads, if and to the extent that such acts on the part of the grantee are necessary for reasons of safety or to permit proper construction and maintenance by the governing authority of the parish of such new roads; provided, however, that the provisions of this section shall only be applicable to roads constructed by the governing authorities of the Parish of St. Martin for the general use and benefit of said parish; and provided, further, that the provisions hereof are not applicable to roads, streets and alleyways hereafter constructed, dedicated and/or maintained by the governing authority of the Parish of St. Martin within or for the benefit of any subdivision of land or private work or venture; and provided further, that the relocation, lowering, casing and venting of said pipelines at the expense of the grantee under the provisions of this section shall never require grantee to bear the expense of such alteration for a distance in excess of right-of-way width plus such additional distance as may be required to make the installation.

(g)

Be it further ordained, that Wanda Petroleum, Inc., its successors or assigns, shall be required to make a surety bond in the amount of fifteen thousand dollars ($15,000.00) to guarantee satisfactory completion of work in connection with the installation of pipeline or pipelines across parish roads, canals or other crossings whenever it is necessary to cut or break any such road, street or other crossing within this area, that such bond shall extend for a period of one year from this date, and further, in the event of the failure or refusal of Wanda Petroleum, Inc., to properly repair or complete such work, then such bond may be retained by the Police Jury of St. Martin Parish for effecting such repairs, and should such sum not be sufficient, then Wanda Petroleum, Inc., shall be required to reimburse monies as may be actually expended by the Police Jury of St. Martin Parish to make said repairs.

(h)

Be it further ordained, that this franchise shall continue in full force and effect for a period of fifty (50) years from and after the date of the adoption of this ordinance unless sooner terminated by the failure of grantee to exercise any of the rights hereby conferred upon grantee within any portion of said parish for any continuous ten (10) year period.

(Ord. of 3-1-66)