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A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF BATESVILLE TO <br /> ASSUME THE MAINTENANCE OF THE TRAIL CONSTRUCTED BY LYON COLLEGE IN <br /> THE EVENT THAT LYON COLLEGE IS UNABLE TO FULFILL THE LONG TERM <br /> OBLIGATIONS SET BY ARKANSAS HIGHWAY AND TRANSPORTATION DEPARTMENT <br /> (11W RECREATIONAL TRAIL GRANT PROGRAM <br /> WHEREAS, Lyon College has received federal highway dollars, administered by the Arkansas Highway and <br /> Transportation Department(AHTD), to establish a recreational trail on Lyon College property; and <br /> WHEREAS, AHTD requires that this trail is to remain freely open for use by the public for pedestrian and <br /> bicycle traffic for the life of the trail; and <br /> WHEREAS, Lyon College is a non-profit corporation with private land holdings upon which the trail will be <br /> constructed; and <br /> WHEREAS, the City of Batesville has the means and desire to continue the safe and publicly available <br /> operation of this recreation trail; <br /> NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF BATESVILLE, <br /> ARKANSAS THAT: <br /> Section 1: Lyon College agrees to establish the recreational trail according to the guidelines of the AHTD grant <br /> contract for the trail. <br /> Section 2: According to the guidelines of the AHTD grant contract, Lyon College''agrees to maintain the trail <br /> freely open for public use without fee or charge. <br /> Section 3: In the unlikely event that Lyon College is unable to fulfill its long term obligations and <br /> responsibilities to the AHTD grant contract with regard to the continued operation of the trail, the City of <br /> Batesville will assume regular maintenance of the trail to ensure its availability to the public. <br /> This Resolution adopted this day of , 2013. <br /> Rick-Elumbaugh, Mayor Date <br /> Denise Johnston, CJYy Clerk Date <br />