§ 35.5-61. Expense of raising, rerouting, etc., facilities of utility company granted servitude or right-of-way by parish.

(a)

Whenever the parish grants a servitude and/or franchise and/or right-of-way to any utility, telecommunications, or similar company it shall be provided in the servitude and/or franchise and/or right-of-way agreement that if it should become necessary to relocate, raise, lower or reroute any facility within the servitude and/or franchise and/or right-of-way agreement to accommodate parish projects, that all costs and fees necessitated by the relocation, raising, lowering and/or rerouting of said facility shall be at the expense of said company.

(b)

The provisions of subsection (a) hereof shall be deemed to be included in all franchise, servitude and/or right-of-way agreements, the same as though same was written there in full.

(c)

The provisions of the subsection (a) shall be applicable to all franchises, servitude and/or right-of-way contract agreements entered into by and between the parish and telecommunications, utility or similar companies, except as same may be altered or amended by and with the consent of the parish and provided for in any special conditions of each franchise, servitude and/or right-of-way contract agreement. The telecommunications, utility, or similar company shall be presumed to have full knowledge of the provisions contained in this section which shall be applicable to all such franchise, servitude and/or right-of-way contract agreements, whether the party has obtained a copy of this section or not. Copies hereof shall at all times be available in the office of the clerk of the council.

(Ord. No. 20914, §§ 1, 2, 3-15-00)

Editor's note

It should be noted that the provisions of § 35.5-61 derived from former § 2-923.