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2011-10-25
CITY-OF-BATESVILLE
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2011-10-25
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B) DRAINAGE CONCERN — MR. LARRY SANDAGE <br /> Mr. Larry Sandage addressed the council requesting a partial reimbursement <br /> from the City for repairs he made to his sidewalks and curbs at his property on 8th <br /> and College Streets. Mr. Sandage said when the City repaved 8th Street <br /> sometime in 2009, the additional asphalt reduced his curb from 6" to about 3 '/2". <br /> He said on four separate occasions he has had rain water in his outside storage <br /> building, outside kitchen and heat and air room. He said in the 20 years that they <br /> have lived in the house, they never had any drainage problems until the street <br /> was resurfaced. He said he did contact someone with the City one time about <br /> the problem but was under the impression that sidewalk maintenance fall under <br /> the homeowner's responsibility. Mr. Sandage took it upon himself and had his <br /> sidewalk and curbing raised to compensate for the additional asphalt at a cost of <br /> approximately $2,200.00. Mr. Sandage said he was advised by a friend of his, <br /> who is an attorney, that the City caused the drainage problem when they <br /> resurfaced the street, therefore, the City should pay for the expenses he was out <br /> for correcting the problem. Mayor Elumbaugh explained that the proper <br /> procedure would have been for Mr. Sandage to request the City to look at the <br /> problem at which time we would have sent our City Engineer and/or Street <br /> Supervisor to Mr. Sandage's home to see if there was something the City could <br /> do the solve the problem. City Attorney Lindsey Castleberry said the City was <br /> doing as it is expected to do for the Citizens of Batesville by maintaining a City <br /> Street. He said that under Arkansas Law, the City is not obligated to reimburse <br /> Mr. Sandage for the expenses he incurred but the Council has the authority to do <br />
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