§ 12-52. Initial acceptance; escrow.

All sums payable to the parish and tendered as a seismic fee payment, a surface lease payment, or a mineral payment, except cash payments, bonuses and similar payments made with mineral, surface or other lease bids, shall be delivered to the parish's department of finance at its offices as set forth in a written notice to all payors provided by such department. The department of finance shall maintain a log of all such receipts and shall promptly record therein all such payments, including, but not limited to, the date and time received, the nature thereof, and whether such payments be cash, check or other transmittal of funds.

At the time of receipt, the department of finance shall deposit such funds into an escrow account pending determination by the parish's department of law and natural resources of any actual or suspected irregularity. The department of finance shall notify the payor in writing of the deposit to an escrow account. Within two (2) working days of receipt thereof, the department of finance shall transmit copies of all documents received as [seismic fee, surface lease and] mineral payments to the department of law and natural resources.

The department of law and natural resources shall then conduct an inquiry to determine the correctness of the payment being held in the escrow account. In addition, the department of law and natural resources shall determine promptly whether the [seismic fee, surface lease and] mineral payments were timely made.

In the absence of any irregularity in [seismic fee, surface lease and] mineral payments, the department of law and natural resources shall notify the department of finance to transfer such [seismic fee, surface lease and] mineral payments from the escrow account to the general fund.

Any and all cash payments, bonuses and similar payments made or to be made in connection with the submittal of mineral, surface or other lease bids shall be submitted in accordance with the information provided in the advertisement notice published for the receipt of such bids.

The acceptance and deposit by the parish of any [seismic fee, surface lease or] mineral payment, whether to escrow or not to escrow, shall not give rise to any estoppel, waiver or adverse indication or presumption against any rights or claims of the parish and shall not in any way alter or prejudice the rights of the parish with regard to the correctness of a [seismic fee, surface lease or] mineral payment or with regard to any other contractual or legal relationship to which the parish is or may be a party.

(Ord. No. 469, § 2, 9-21-83; Ord. No. 540, § 2, 6-27-84; Ord. No. 564, § 2, 10-10-84; Ord. No. 87-35, § 2, 3-5-87)

Editor's note

In its amendment of this section, § 2 of Ord. No. 87-35, adopted Mar. 5, 1987, added reference to seismic fee and surface lease payments in the first paragraph, without, however, including reference to these payments in subsequent paragraphs. The editor has added these terms in brackets for the consideration of the user of this section.