FILE:  DFJ

LEASE OF SCHOOL LANDS

The Lafayette Parish School Board may execute a lease of any of its school land.  Leases for the production and removal of minerals granted by or on behalf of the School Board shall provide for a minimum of royalties of one-sixth on all oil and gas, sulphur, potash, and other minerals produced and saved and five percent (5%) on lignite and salt.  All mineral leases shall be advertised, received, opened and accepted/rejected by the Louisiana State Mineral and Energy Board or the School Board.  The Louisiana State Mineral and Energy Board or the School Board may reject any and all bids that may be submitted or may lease a lesser quantity of property than advertised and withdraw the rest.

Leases for the purposes of trapping, grazing, hunting, agriculture/aquaculture/farming or any other legitimate purposes other than for removal of oil, gas, or other minerals, may be executed on such terms and conditions as are in the best interest of the School Board and in compliance with state law.  Such leases shall be awarded as set forth by state law, for a period of no more than seven (7) years.

The School Board shall require all appropriate leases, as determined by the School Board's legal adviser, to include the purchase of appropriate liability insurance by the individual or organization leasing the property, which shall hold the School Board free from any liability that may result directly or indirectly from the leased property's usage.

All lessees shall occupy the leased premises at his/her/its own risk and shall indemnify the School Board against any expense, loss, cost, damage, claim, action or liability paid, suffered or incurred as a result of any breach by lessee, his/her/its agents, servants, employees, customers, visitors or licensees of any covenant or condition of the lease.

The sub-leasing of, and the construction of permanent improvements on School Board leased property shall be prohibited unless prior approval of such action has been granted by the School Board.

The Superintendent and/or his/her designee shall maintain pertinent administrative regulations and procedures governing the lease of School Board property.  Minimum rental/lease fees shall be set by the School Board, but higher fees/reimbursements may be negotiated with prospective lessees when advisable.

GEOPHYSICAL OR SEISMIC SURVEY PERMITS

The School Board may grant permission for geophysical or seismic surveys to be conducted on School Board property.  For the privilege of conducting seismograph exploration over and across lands owned by the School Board, application must be submitted to the School Board seeking permission to conduct surveys.  If said application is approved by the School Board, the applicant shall be permitted to conduct its seismographic operations in accordance with terms and conditions set forth in the permit agreement for a minimum fee as set by the School Board.  All applications shall contain pertinent information to adequately evaluate the proposed survey.

Upon completion of any survey conducted, the surveyor shall be responsible for plugging and properly abandoning any drilled holes in accordance with state guidelines.

RIGHTS-OF-WAY

The Lafayette Parish School Board may grant rights-of-way on school lands upon formal written request.  No application for a right-of-way shall be considered unless certificate of publication of due notice is on file in the office of the School Board, showing advertisement of the pending application has been made two times within ten (10) days in the official journal of the system wherein the school lands are situated.  A fee may be charged for such privilege.

SURFACE RIGHTS

The School Board of the Parish of Lafayette is authorized to negotiate for the surface rights of any land to which it has title, custody, or possession to any person, firm, corporation or other legal entity without the necessity of advertising for or receiving bids.  (See LRSA §41:1212 (D))

MINERAL RIGHTS

Acceptance or rejection of bids handled through the State Mineral Board:

When through adoption of the appropriate resolution whereby the School Board authorizes and directs the State Mineral Board to handle the leasing of School Board or Section 16 lands, the President of the School Board and the Superintendent, or in their absence, their designee, shall have the authority to accept or reject all bids on 16th Section lands handled through the State Mineral Board.

Leases shall generally be for a three (3) year period, unless otherwise stipulated at time of advertisement, or subsequently negotiated and approved by the School Board and lessee.  All leases shall be publicly bid at the expiration of the lease. 

The lessee shall be required to provide the School Board with a certificate of insurance showing general liability coverage with a limit of at least $1,000,000 naming the Lafayette Parish School Board as an additional insured.  Said certificate shall be provided prior to the beginning date of the lease.

Ref:    Constitution of Louisiana, Art. VII, Sec. 4(c); Art. IX, Sec. 4(b)

La. Rev. Stat. Ann. §§17:87, 17:87.1, 17:87.2, 17:87.3, 17:87.8, 30:121, 30:122, 30:123, 30:124, 30:125, 30:126, 30:127, 30:127.1, 30:128, 30:129, 30:129.1, 30:151, 30:152, 30:153, 30:154, 30:155, 30:156, 41:1211, 41:1212, 41:1213, 41:1214, 41:1215, 41:1215.1, 41:1215.2, 41:1216, 41:1217, 41:1218, 41:1219, 41:1220, 41:1221, 41:1222, 41:1223, 41:1224

Board minutes, 8-21-97, 2-5-75, 2-4-76, 11-2-88, 4-22-98, 9-19-01, 10-7-15

Lafayette Parish School Board