HomeMy WebLinkAbout2026-08-01 CITY OF BATESVILLE
ORDINANCE NO. 2026-08-01
AN ORDINANCE AUTHORIZING HEARINGS AND PAYMENT OF CLAIMS FOR
INJURY TO PROPERTY OCCASIONED BY OPERATION OF THE WATER
DISTRIBUTION AND SEWER COLLECTION SYSTEMS OF BATESVILLE,
ARKANSAS,AND OTHER PURPOSES
WHEREAS, the City of Batesville, operates a water distribution system and a sewerage
collection system, and
WHEREAS, from time to time these systems suffer a malfunction, line break or line
blockage resulting in injury to private property, and
WHEREAS,the Arkansas Constitution,Article 5§ 20 provided for sovereign immunity
of the State of Arkansas and its political subdivisions of the State, and A. C.A.§21-9-301
declares the public policy of the State to be that the political subdivisions of the State are
immune for tort liability, and
WHEREAS,the Arkansas Constitution,Article 2 § 13 provides the redress of injuries to
property and A.C.A§ 21-9-302 provides that municipalities are authorized to provide for hearing
and settling claims against them, and
WHEREAS, insurance coverage for property owners for damages sustained from
injuries to property caused by malfunctions, breaks or line stoppages in these systems is often ,
unavailable or inadequate to cover losses due to injuries to property, and
WHEREAS, connections to available water and sewer service for habitable structures is
mandatory, and damage to privately owned real and personal property arising from unforeseeable
water or sewer damages is inevitable, and
WHEREAS, it is inequitable that random property owners should suffer injury to their
property without fault, in order that water and sewer systems be operated for the common good.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF BATESVILLE,ARKANSAS:
Section 1: Persons whose real or personal property has suffered injury due to water
distribution line or sewer collection line break,blockage, or malfunction which occurs in a line
owned by the City of Batesville,Arkansas may apply to the Batesville City Council for
compensation for damage arising from such injury.
Section 2: The limit of payment which shall be made shall be the actual damage
sustained by the property owner less all sums to which the property owner may be entitled from
insurance coverage or third-parties ("loss"),.but in no instance shall such payment exceed twenty
thousand dollars ($20,000.00).
Section 3: Property owners shall exhaust all insurance coverage and all remedies
against third parties before application to the Batesville City Council for payment for injuries to
their property.
Section 4: In the event that more than one(1)owner shall suffer injury to their
property as the result of a single occurrence as hereafter defined and in the event that the total
injury to all such owners'properties, whether real or personal, shall equal or exceed, after
payment of all applicable insurance coverage and third party contributions, the aggregate of
twenty thousand dollars ($20,000.00), then the owners shall share pro rate on the limit of
payments ($20,000.00) in the proportion which their loss, as above defined, bears to the total of
loss sustained by all parties suffering an injury to property as a result of the occurrence until the
limit of twenty thousand($20,000.00)per occurrence has been exhausted. ,
Section 5: A single occurrence shall be defined as an incident of damage to:
a. A single-family_structure;
b. An apartment complex (a multi-family structure);
c. A business complex(a multiple business facility);
d. A medical facility (whether housing one or more medical providers);
e. A long-term care facility; and
£ A single business'entity facility.
Section 6: Payment of reimbursement for in to private property shall be
contingent upon installation on the service line serving the property which has suffered injury, a
pop off clean out device and back flow prevention device and the written agreement of the owner
to maintain the pop off clean out device and the back flow prevention device in working order.
This provision may be waived by the Batesville City Engineer if he determines that such device
or devices are unnecessary to prevent a reoccurrence.
Section 7: The pop off clean out device or backflow prevention shall be furnished by
the by the City of Batesville. Installation of the pop off clean out device or of the back flow
prevention device may be accomplished by the owner at his/her expense, or by-agents or
employees of the City of Batesville subject to available manpower.
Section 8: That this ordinance is meant to amend and replace Ordinance No. 2009-
10-2 which is hereby repealed. All other Ordinances andf Resolutions of the City of Batesville,
Arkansas, in conflict with the provisions of this Ordinance are hereby repealed by the extend of
such conflict,but shall remain in full force and effect to the extent of there is no conflict with the
provisions of this Ordinance.
Section 9: The provisions of this Ordinance are separable and if a section phrase or
provision shall be declared invalid, such declaration shall not affect the validity of the remainder
of the Ordinance.
EMERGENCY CLAUSE: It is hereby ascertained and declared that the passage of this
Ordinance is necessary for the immediate health and welfare of the citizens of Batesville, and it
is therefore declared that an emergency exists and is order to preserve the peace, health and
safety of the general public, this Ordinance shall take effect and be in full force immediately
upon its passage.
PASSED AND APPROVED this 25" day of August, 2026.
Rick El augh
Attest:
Cpesica Davis, Ci er