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Resolution 2016-05

RESOLUTION NO. 2016-05
A RESOLUTION AUTHORIZING EXECUTION OF A LEASE AGREEMENT WITH THE SPRINGDALE WATER AND SEWER COMMISSION

 

WHEREAS, the Springdale Water and Sewer Commission (the Commission) owns land (the Property) within the City of Johnson (Johnson) and operates a facility there to handle/process wastewater as an integral part of its overall operations;

WHEREAS, the operational facility and appurtenances on the Property, except for underground transport pipes, take up a small portion of such parcel of land;

WHEREAS, the Property lies adjacent to Clear Creek and is in close proximity to a walking/bike trail system that is in the process of being connected to the Razorback Greenway;

WHEREAS, the unused and unneeded areas of the Property would lend themselves to an extension of the walking/bike trail with stations along such trail for use by members of the public without impacting the use or the function of the Property by the Commission for its essential purpose;

WHEREAS, Johnson desires to extend and enhance its trail system by constructing and maintaining the walking/bike trail with stations for use by the public on a portion of the Property;

WHEREAS, the Commission concurs that use of a portion of the Property by Johnson for trails and as a park would benefit residents, citizens and visitors to both Johnson and the City of Springdale because of its location;

WHEREAS, representatives of the Commission and Johnson have been working on a proposed Lease Agreement with Exhibits to memorialize the agreement; and,

WHEREAS, the City Council of Johnson supports this project and desires to obtain use of the non-essential areas of the Property for use as a walking/bike trail and other park uses.

NOW, BE IT RESOLVED BY THE CITY COUNCIL OF JOHNSON, ARKANSAS,
That:

Section1: The Lease Agreement with Exhibits A and B, as attached hereto, which, among other details, calls for monthly lease payments to the Commission, Johnson accepting responsibility for mowing the Property and contains a 180 day escape provision, is hereby approved.

Section 2: That the Mayor and Recorder-Treasurer are hereby authorized and directed to execute the several originals of the Lease Agreement and to exchange the signed originals with the Commission and the City of Springdale to obtain the benefit of the agreement for the residents, citizens and visitors to Johnson;

Section 3: The Mayor and administration, in concert with Johnson Clear Creek Trails, Inc. and the Planning Commission, should begin formulating plans for development of the leased portion of the Property and are hereby directed to explore grants and other funding sources to raise funds to make improvements as may be approved by the Planning Commission and this Council.

Section 4: That the monthly lease payments to the Commission shall be paid from funds designated as Park Lease and paid in accordance with the Lease Agreement.

PASSED AND APPROVED this 10th day of May, 2016


ATTEST:

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