§ 61. Coteau Water System, Inc.

(1)

There is hereby granted to the Coteau Water System, Inc., 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, lands and other properties under the jurisdiction of the police jury, a water system with pipelines, appliances, tie-overs, and appurtenances necessary or convenient in the operation thereof, when constructed in accordance with the requirements adopted by the State of Louisiana or any department thereof having supervision over the same.

(2)

This right to run along, across, over or under the public roads or highways, as before provided for, may only be exercised upon condition that the traffic thereon is not interfered with and that water lines must be at least thirty (30) inches under the road or drainage ditch bottom and that permission will be obtained to cross the canals from the various drainage districts, and further that the St. Martin Parish Police Jury is to be saved from any and all damages that may occur from this project. It being further understood that at any time in the future should the water line interfere with the maintenance of any of the public roads, thoroughfares or drainage under the jurisdiction of the police jury or shall interfere with the relocation of any or the building of new public roads or drainage system in the parish, the grantee shall, at its expense, lower or raise or relocate any of its water lines or any other equipment so interfering, upon being duly notified by grantor and such road or highway be promptly restored to its former condition in usefulness at the expense of the grantee; the restoration thereof to be subject to the supervision of the police jury of this parish; provided, however, that if a state highway is crossed under this franchise, grantee will obtain the written consent of the chief engineer of the department of transportation and development (or other authorized officer of the state) and will conduct the work under his supervision and control in the manner directed by him.

(3)

In the exercise of the privilege herein conferred the Coteau Water System, Inc., shall compensate the Parish of St. Martin for any damage occasioned to it by exercise of the rights hereby granted and nothing herein shall be construed to grant the right to use any public street or alley or any incorporated city, town or village situated within this parish except by express permission of said municipality.

(4)

This franchise shall continue in full force and effect for a period of ninety-nine (99) years from and after the date of the adoption of the ordinance.

(5)

This franchise may not be assigned without prior written notice and approval of the St. Martin Parish Police Jury.

(6)

Should the St. Martin Parish Police Jury apply for and receive matching or grant funds for the purpose of creating, installing and/or expanding a water district in the Cade community, Coteau Water System, Inc., will support such application and accept distribution lines and water meters into its service district up to its capacity to do so.

(7)

Any resident within the service area who joins or connects to the Coteau Water System, Inc., after the membership deadline will be charged a fee not to exceed the prevailing contractor price for installation plus the usual and customary deposit and membership fee of the Coteau Water System, Inc. Bids shall be advertised for and received by the Coteau Water System, Inc., on a yearly basis for a contractor of record for the installation of new meters and hook-ups.

(8)

Hook-ups will be offered to all residents who live along state and parish roadways, private roads and lands and/or other distribution routes that constitute Coteau Water System, Inc. All residents who live adjacent to or fronting those routes and lines shall be eligible for service.

(Ord. of 5-3-88, §§ 1—8)