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2009-10-02
CITY-OF-BATESVILLE
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2009-10-02
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CITY OF�TESVILLE <br /> ORDINANCE NO. ' OO T-1 O -oQ <br /> AN ORDINANCE AUTHORIZING HEARINGS AND PAYMENT OF CLAIMS FOR <br /> INJURY TO PROPERTY OCCASIONED BY OPERATION OF THE WATER <br /> DISTRIBUTION AND SEWERAGE COLLECTION SYSTEMS OF BATESVILLE, <br /> ARKANSAS, AND OTHER PURPOSES <br /> WHEREAS, the City of Batesville, operates a water distribution system and a <br /> sewerage collection system, and <br /> WHEREAS, from time to time these systems suffer a malfunction, line break or <br /> line blockage resulting in injury to private property, and <br /> WHEREAS, the Arkansas Constitution, Article 5 § 20 provides for sovereign <br /> immunity of the State of Arkansas and its political subdivisions of the State, and A. C. A. <br /> § 21-9-301 declares the public policy of the State to be that the political subdivisions of <br /> the State are immune from tort liability, and <br /> WHEREAS, the Arkansas Constitution, Article 2 § 13 provides for the redress of <br /> injuries to property and A. C. A. § 21-9-302 provides that municipalities are authorized <br /> to provide for hearing and settling claims against them, and <br /> WHEREAS, insurance coverage for property owners for damages sustained from <br /> injuries to property caused by malfunctions, breaks or line stoppages in these systems <br /> is often unavailable or inadequate to cover losses due to injuries to property, and <br /> WHEREAS, connection to available water and sewer service for habitable <br /> structures is mandatory, and damage to privately owned real and personal property <br /> arising from unforeseeable water or sewer damages is inevitable, and <br />
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