Laserfiche WebLink
WHEREAS, it is inequitable that random property owners should suffer injury to <br /> their property without fault, in order that water and sewer systems be operated for the <br /> common good. <br /> NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY <br /> OF BATESVILLE, ARKANSAS: <br /> 1. Persons whose real or personal property has suffered injury due to water <br /> distribution line or sewer collection line break, blockage, or malfunction which occurs in <br /> a line owned by the City of Batesville, Arkansas may apply to the Batesville City Council <br /> for compensation for damage arising from such injury. <br /> 2. The limit of payment which shall be made shall be the actual damage <br /> sustained by the property owner less all sums to which the property owner may be <br /> entitled from insurance coverage or from third parties, but in no instance shall such <br /> payment exceed ten thousand dollars ($10,000.00). <br /> 3. Property owners shall exhaust all insurance coverage and all remedies <br /> against third parties before application to the Batesville City Council for payment for <br /> injuries to their property. <br /> 4. In the event that more than one (1) owner shall suffer injury to their property <br /> as the result of a single occurrence as hereinafter defined and in the event that the total <br /> injury to all such owners' properties, whether real or personal, shall equal or exceed, <br /> after payment of all applicable insurance coverage and third party contributions, the <br /> aggregate of ten thousand dollars ($10,000.00), then the owners shall share pro rata in <br /> the limit of payments ($10,000.00) in the proportion which their loss, as above defined, <br /> bears to the total of loss sustained by all parties suffering an injury to property as a <br />