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e 02/08/05 <br /> CITY OF BATESVILLE <br /> ORDINANCE NO. 2005- - <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 Batesville Utilities Commission, an agency of the City of <br /> Batesville, operates a water distribution system and a sewerage collection system and, <br /> That from time to time these systems suffer a malfunction, line break or line <br /> blockage resulting in injury to private property; and, <br /> The Arkansas Constitution, Article 5 § 20 provides for sovereign immunity of the <br /> State of Arkansas and its political subdivisions, and A. C. A. § 21-9-301 declares the <br /> public policy of the State to be that the political subdivisions of the State are immune <br /> from tort liability; and, <br /> The Arkansas Constitution, Article 2 § 13 provides for the redress of injuries to <br /> property and A. C. A. § 21-9-302 provides that municipalities are authorized to provide <br /> for hearing and settling claims against them; and, <br /> That 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 />