§ 35.5-23. Ordinances of revocation, termination and prohibition.

(a)

Within ten (10) days of the filing of an initiating report with respect to any respondent claiming an entitlement to use the public rights-of-way of the parish, the clerk shall notify the parish council of said filing. Within thirty (30) days of said notice, it shall be the duty of the presiding officer at the next regular meeting of the council to introduce, and he shall introduce, on the calendar of the council an ordinance to revoke and terminate any instrument by which or under which said respondent claims such entitlement, if any, and to prohibit said respondent from using the public rights-of-way for any purpose other than generally-permitted purposes.

(b)

Within thirty (30) days after introduction of such a proposed ordinance, the parish attorney or a special counsel designated by the chairman shall make service upon the respondent, by certified mail, of notice of introduction of said ordinance and an invitation to respondent to negotiate with the parish attorney or said special counsel concerning either revision and ratification of the instruments or instruments by which or under which respondent claims to have an entitlement to use the public rights-of-way, or the confection and granting of a new or substituted franchise, or the terms, including time limits, of an agreement under which respondent shall cease to use the public rights-of-way of the parish for other than generally permitted purposes.

(c)

Within ten (10) days of receipt of the notice and invitation referred to in the foregoing subsection (b), the respondent shall serve upon the parish attorney or special counsel from whom respondent received said notice and invitation a written reply, in which respondent shall state whether or not respondent wishes to enter the negotiations described in said notice and invitation. If respondent declines to enter into such negotiations, the parish attorney or said special counsel shall provide a copy of said declining reply to the clerk of the council, who shall provide copies thereof to the council members prior to the next regular meeting of the council. Thereafter, the council may proceed to consider and adopt an ordinance revoking and terminating the instrument or instruments by which or under which respondent claims an agreement or right to use the public rights-of-way for other than publicly permitted purposes, providing therein for the same to take effect on a date reasonable under the circumstances.

(d)

If the written reply of the respondent indicates a desire to enter into such negotiations, then said negotiations shall commence promptly and shall continue until such time as the first of one (1) of the following events occurs:

(1)

The council adopts a franchise ordinance consistent with any and all provisions of ordinances of the parish of general applicability governing franchises, which authorizes the respondent to use the public rights-of-way for other than generally-permitted purposes and which fully authorizes respondent to conduct its business, and said ordinance is agreed to and accepted by respondent;

(2)

The respondent notifies the parish in writing that it accepts the terms of the pending proposed ordinance of revocation, termination, and prohibition;

(3)

A hearing officer renders a determination of revocability pursuant to section 35.5-24, and the date of revocability has been reached or passed.

(Ord. No. 20914, § 1, 3-15-00)