§ 8:602. Requirements.

Whenever any pipeline is to be installed in, over or through any public road or street right-of-way or public servitude located anywhere in the city-parish, a permit as above provided must be obtained and the following additional requirements shall be met:

(1)

All pipeline crossings of public roads are to be cased and vented or as approved by the director of public works provided said design meets or exceeds the current Louisiana Department of Transportation and Development standards.

(2)

If crossings are made by excavation rather than boring, the roads are to be restored to their original condition, and said cuts are to be maintained for a period of thirty-six (36) months.

(3)

All crossings of drainage canals, streams, ditches, etc., are to be made in such a manner as to permit future enlargement and/or improvement of the drainage facilities.

(4)

If the material removed from an excavation is not suitable for backfill, the permittee shall haul it away and provide suitable backfill material.

(5)

All alterations and/or relocations of the proposed pipeline which may become necessary due to the improvement and/or sidening of the public roads and/or drainage canals or public servitudes shall be done entirely at the expense of the permit holder and upon request, even though the above provisions have been met, and each permit issued under this section shall bear a statement to that effect.

(6)

The installation and construction of all such pipelines or other similar facilities shall be subject to the supervision of the department of public works. A stop work order may be issued for any failure of the permittee to comply with the conditions of his permit or where a danger to the public exists.

(7)

The department of public works shall estimate the time required for all such installations and permit fees shall be collected at the rate of twelve dollars and fifty cents ($12.50) per day.

(8)

a.
Before any permit shall issue under this section, the applicant shall post bond in favor of the city-parish in the amount of five thousand dollars ($5,000.00), plus an amount estimated by the engineering division of the department of public works as sufficient to cover the cost of filling and maintaining excavations as required by this chapter. The bond shall be written by a surety company authorized to transact business in the state and shall be approved as to form by the parish attorney.

b.

The bond hereby required shall be conditioned upon the permittee's compliance with this chapter and to secure and hold the city-parish harmless against any and all claims, judgments or other costs arising from the excavation and other work covered by the permit, or for which the city-parish, or any officer or employee thereof, may be made liable by reason of any accident or injury to persons or property through the fault of the permittee either in not properly guarding the excavation or for any other injuries resulting from the negligence of the permittee, and further conditioned to fillup, restore, and place in good and safe condition, as near as may be to its original condition, and to the satisfaction of the department of public works, all openings and excavations made in public roads, street rights-of-way or public servitudes, including drainage and sewerage facilities and servitudes, and to maintain any road, street or servitude where excavation is made, in as good condition for a period of thirty-six (36) months after the work shall have been completed, usual wear and tear excepted, as it was in before the work started. Any settlement of the surface within the said three (3) year period shall be deemed conclusive evidence of defective backfilling by the permittee. Nothing herein contained shall be construed to require the permittee to maintain any repairs to pavement made by the city-parish. Recovery on the bond hereby required for any injury or accident shall not exhaust the bond but it shall in its entirety cover any or all future accidents or injuries during the excavation work for which it is given. If any suit or claim against the city-parish by reason of the negligence or default of the permittee, and upon the giving of written notice to the permittee of such suit or claim, any final judgment against the city-parish requiring payment for such damage shall be conclusive upon the permittee and his surety. If at any time during the three (3) year period the permittee shall fail to properly backfill and maintain any excavation, the city-parish shall, upon giving of ten (10) days' written notice to the permittee and to his surety, shall be entitled to contract for the necessary work and to call upon the permittee and his surety to pay the entire cost thereof.

(9)

Before any permit shall issue under these sections, the applicant shall also furnish to the department of public works a certificate of insurance evidencing public liability insurance issued by an insurance company qualified to do business in the state which insurance coverage shall afford protection against third persons sustaining injury or damage as a result of the negligent construction, operation and maintenance of the pipe line or other similar facilities by the operator thereof and shall name the city-parish as an additional insured thereunder for such coverage only, and shall not have less than the following limits of liability: (i) For each accident causing bodily injury three hundred thousand dollars ($300,000.00) for each person injured and five hundred thousand dollars ($500,000.00) for each accident; and (ii) one hundred thousand dollars ($100,000.00) for property damage sustained in any one accident. The policy shall remain in full force and effect so long as any pipe line is maintained and operated pursuant to any permit issued hereunder, and shall provide that the city-parish shall be given at least ten (10) days' written notice prior to its cancellation. If notice of cancellation is given and another certificate of insurance evidencing the issuance of a policy meeting all terms and conditions hereof is not furnished prior to the end of the ten (10) day period, the permit shall automatically be forfeited and the applicant shall immediately discontinue its operations thereunder. Provided, however, that the reinstatement of the insurance coverage provided herein and the furnishing of a certificate of such insurance coverage to the city-parish shall entitle applicant to immediate reinstatement of its permit. In addition to the aforesaid insurance requirement, any permit issued under these sections is conditioned on the understanding that the applicant and/or its insurer will fully protect and defend the city-parish against any cause of action premised solely upon its act of issuing such permit. Nothing herein shall be construed as protecting or insuring the city-parish as an additional insured under the aforesaid certificate of insurance, against any claims or liabilities which are or may be attributable to injuries or damages arising out of or resulting from any acts (except the sole act of issuing the permit described above), omission, negligence or fault of the city-parish, its agents, servants, employees or by any other persons acting under its direction.

(10)

If it is necessary that the pipeline or other similar facility be altered, relocated or removed by reason of any public improvement, the director of public works shall give notice to the owner thereof directing that the pipeline be relocated or removed. Within thirty (30) days after receipt of such a notice, the owner shall commence the removal or relocation of its facilities in accordance with the direction of the director of public works and shall prosecute such work with due diligence. If the owner fails or refuses to commence the work as herein provided, it shall be responsible to the city-parish for any cost or damage occasioned by the delay in commending and prosecuting such work.

Where pipelines or other similar facilities are located within existing street or other public rights-of-way under servitudes or titles acquired prior to the acquisition or dedication of the street or public rights-of-way and it is necessary that such pipeline or other similar facility be altered, removed or relocated in order to facilitate public improvements, then in such event, the director of public works is authorized to immediately negotiate with the owner for the alteration, relocation or removal of the facility. If an agreement is reached under which such alteration, removal or relocation is to be carried out, the agreement shall provide, in addition to other terms and conditions contained therein, that the owner shall commence such alteration, relocation, or removal within thirty (30) days after the execution of the agreement and shall prosecute the work with all due diligence. If an agreement cannot be reached with the owner, or if the owner fails or refuses to commence the work required under the agreement within thirty (30) days after its execution, the office of the parish attorney is hereby authorized to take such steps as may be required or necessary in order to acquire the right to construct the public improvement over and across the existing pipeline or other similar facility.

(City Code 1951, Title 8, § 603; Parish Code 1962, Title 8, § 603; Ord. No. 9595, § 1, 3-24-93)