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• That connection to available water and sewer service for habitable structures is <br /> mandatory, and damage to privately owned real and personal property arising from <br /> unforeseeable water or sewer damages is inevitable; and, <br /> That it is inequitable that random property owners should suffer injury to their <br /> 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 a 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 Utilities <br /> ® Commission for compensation for damage arising from such injury. <br /> 2. The limit of payment which shall be made shall be the actual damage sustained <br /> by the property owner less all sums to which the property owner may be entitled from <br /> insurance coverage or from third parties, but in no instance shall such payment exceed <br /> ten thousand dollars ($10,000.00). <br /> 3. Property owners shall exhaust all insurance coverage and all remedies against <br /> third parties before application to the Batesville Utilities Commission 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 as <br /> 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 />