§ 44-714. Franchise conditions.

This franchise, right and privilege is granted subject to the supervision of the parish commission, and subject to grantee's rights under all private rights-of-way grants or servitudes heretofore granted, or to be granted in the future, and under the following terms, stipulations and conditions:

(1)

If the public ways should be disturbed or damaged in the erection, construction or maintenance of any work done under this franchise, then the same shall be promptly replaced and repaired by the grantee herein, its successors and assigns, at its expense.

(2)

That in the erection, construction and maintenance of any work done under this franchise, no trees along said public ways shall be cut or trimmed without first obtaining the consent of the adjoining landowners upon whose properties said trees may be situated, and likewise no trees within the limits of the road right-of-way shall be cut, removed or trimmed without the consent of the director of public works being first obtained.

(3)

That in case the grantee, its successors and assigns, should at any time desire to abandon said structures and facilities or remove the same from the public ways, then, and in that event, it shall repair all damage done to the said public ways by said abandonment or removal at its own expense.

(4)

That the grantee, its successors and assigns, shall indemnify, protect, hold and save harmless the parish from any and all loss, damages or expenses which it may suffer or in any way be rendered subject to on account of operations under this grant and franchise.

(5)

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 corporation on any state highway without the written consent of the state highway engineer in accordance with the provisions of R.S. 33:4362.

(6)

In maintaining its properties the corporation shall not unnecessarily or unreasonably impair or obstruct the public ways, and the corporation shall, at its own expense, without unreasonable delay, make all necessary repairs to remedy any damages or remove any obstruction by its operations hereunder.

(7)

If, during the term of this franchise, it should be found by the director of public works that any of the corporation's structures and facilities located on any parish road interferes with or obstructs the parish government's maintenance or improvement of such parish road, the corporation will, upon the request of the director of public works, relocate such structures and facilities at the expense of the corporation, to other places within the road right-of-way.

(Code 1976, § 15-72; Code 1985, § 21-459)