§ 35.5-66. Chapter applicable to pipelines; fees and regulations.

(a)

The provisions of Articles I, II and III of this chapter shall be applicable to pipelines and related equipment, as defined in section 24-1 of this Code, and to the owners and/or operators of pipelines which are located in whole or in part in the public rights-of-way as well as to similar activities on Parish rights-of-way (referred to as a "pipeline"). Nevertheless, those provisions, including permitting procedures, inspections and fees, which most specifically address the pipeline or similar activities project at issue shall apply.

(b)

In addition to any permit fee required under Chapter 24 of this Code, the owner of a pipeline that is wholly or partially located on parish rights-of-way or other parish property, who does not have a franchise or similar grant of authority to use said property for other than generally permitted purposes, shall pay to the parish an annual minimum usage fee for each linear foot of ground surface, or space above or beneath the parallel plane of the ground surface, of such parish property occupied or otherwise used by the pipeline and related equipment (referred to as "the pipeline linear route"). This fee shall be two dollars and sixty cents ($2.60) per year per each linear foot of the pipeline linear route for up to a maximum of one (1) contiguous cubic foot per linear foot of the pipeline linear route. If any linear foot of the pipeline linear route occupies more than one (1) contiguous foot of parish property per that linear foot of the pipeline linear route, the usage fee shall be increased at the rate of an additional two dollars and sixty cents ($2.60) per year for any such linear foot for each additional contiguous cubic foot or part thereof per each linear foot of the pipeline linear route. The first such annual payment will be due upon approval of such installation and in advance on January 1st of each following year. If said fee is not paid by the thirtieth day following said due date, the owner shall in addition pay a late fee of ten (10) percent of the amount due, plus legal interest on any sum unpaid until the entire sum due is paid in full. Should the parish be required to file a civil action to collect any portion of said fee, late fees and/or interest, then the owner shall also be liable for reasonable attorney's fees and court costs.

(Ord. No. 20914, § 1, 3-15-00; Ord. No. 22754, § 2B, 5-17-06; Ord. No. 22805, § 1, 7-19-06)