§ 33. Entex, Inc.

(1)

There is hereby granted to Entex, a division of ARKLA, INC., a Delaware corporation, licensed to do business in the State of Louisiana, its successors and assigns (herein called "grantee"), a franchise granting and authorizing grantee's use of the public roads, streets, alleys, highways, thoroughfares and public places of the Parish of St. Martin, State of Louisiana, outside the limits of any incorporated city, town or village therein, for the purpose of constructing, maintaining, operating, extending, renewing, replacing, repairing and removing gas mains, pipes, equipment, facilities and appurtenances for the purpose of furnishing gas service to individuals and the public for a term of fifty (50) years from February 7, 1988.

(2)

This franchise shall never be constructed as exclusive or as conferring rights or privileges within the present boundaries of incorporated municipalities, and the rights herein conferred shall not be exercised in, over or upon highways, thoroughfares or rights-of-way now officially included within the system of the Louisiana State Highways, without the consent of the proper state officials.

(3)

The said gas mains, pipes, equipment, facilities and appurtenances shall be installed so as not to interfere to any appreciable degree with traffic, and all openings in any public thoroughfare shall be closed and the thoroughfare restored promptly to its former condition of usefulness.

(4)

Grantee shall reimburse the Parish of St. Martin for all damages suffered by it by reason of this franchise, and if grantee shall fail to complete any restoration work promptly or in a workmanlike manner, the proper officials of the Parish of St. Martin shall have the right to do such work at grantee's expense, and grantee shall reimburse the Parish of St. Martin forthwith for all reasonable costs so incurred. Prior to doing any work involving excavating or digging into any of the parish roads or other public areas under the jurisdiction of the police jury, grantee shall, in writing, notify the police jury of the nature, extent and location of the work to be done, and grantee will not commence the work until the police jury advises grantee that it has no objection to the proposed work; provided, however, that should any emergency arise involving potential danger to persons or property, grantee shall have the right, without giving such written notification to the police jury, to take care of the existing emergency, reporting the matter to the police jury as soon thereafter as may be practical.

(Ord. of 2-2-88, §§ 1—4; Ord. of 4-5-88, § I)