HomeMy WebLinkAbout2009-10-02 CITY OF�TESVILLE
ORDINANCE NO. ' OO T-1 O -oQ
AN ORDINANCE AUTHORIZING HEARINGS AND PAYMENT OF CLAIMS FOR
INJURY TO PROPERTY OCCASIONED BY OPERATION OF THE WATER
DISTRIBUTION AND SEWERAGE 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 provides 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 from tort liability, and
WHEREAS, the Arkansas Constitution, Article 2 § 13 provides for 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, connection 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:
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.
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 from third parties, but in no instance shall such
payment exceed ten thousand dollars ($10,000.00).
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.
4. In the event that more than one (1) owner shall suffer injury to their property
as the result of a single occurrence as hereinafter 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 ten thousand dollars ($10,000.00), then the owners shall share pro rata in
the limit of payments ($10,000.00) 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
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result of the occurrence until t the limit of ten thousand dollars ($10,000.00) per
occurrence has been exhausted.
5. A single occurrence shall be defined as an incident of damage to.-
a.
o: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
f. A single business entity facility
6. Payment of reimbursement for injury 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.
7. The pop off clean out device or backflow prevention shall be furnished by the
Batesville Utilities Department. Installation of the pop off clean out device or of the back
flow prevention device may be accomplished by the owner at his expense, or by agents
or employees of the Batesville Utilities Department subject to available manpower.
8. All other Ordinances and 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 there is no conflict with the
provisions of this Ordinance.
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.
10. 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 day of O(!&t)r Z 2009.
Rick Elumbaugh, Mayor
Attest:
Denise M. Johnston, City Cnerk