RESOLUTION NO. R-8-2009

A RESOLUTION OF THE BOARD OF COUNCIL OF THE CITY OF FORT THOMAS requesting that the Northern Kentucky Port Authority enter into an agreement with The Department of the Army AND AUTHORIZING Southbank Partners, Inc. to act on behalf of the Northern Kentucky Port Authority as administrator THEREOF.

WHEREAS, the City Council of the City of Fort Thomas, Kentucky (the "City") is a participant in Southbank Partners, Inc. ("Southbank") along with the Cities of Bellevue, Covington, Dayton, Ludlow and Newport (the "Southbank Cities"); and

WHEREAS, an area generally along the south shore of the Ohio River beginning at the eastern boundary of the City of Bellevue and continuing west to the Clay Wade Bailey Bridge has been designated as a US Army Corps of Engineers project (the "Project"), which Project has been the subject of a Northern Kentucky Riverfront Commons Reconnaissance Study that was published in March of 2007 (the "Reconnaissance Study"), for which Southbank served as Project sponsor and administrator; and

WHEREAS, as a result of the conclusions set forth in the Reconnaissance Study, the Project is qualified to move forward to the next phase, such phase being a Northern Kentucky Riverfront Commons Feasibility Study (the "Feasibility Study"); and

WHEREAS, Southbank has recommended that the Feasibility Study area be expanded to include the area of all the Southbank Cities that is located generally along the south shore of the Ohio River; and

WHEREAS, the Feasibility Study will advance the public purposes of the City and will promote economic development within the City and the Northern Kentucky region, benefiting the residents of the City; and

WHEREAS, the Feasibility Study must be performed under an Agreement (the "Agreement") between The Department of the Army (the "Army") and a governmental unit and, the Northern Kentucky Port Authority (the "Port Authority") is a governmental unit having the entire Feasibility Study area within its jurisdiction; and

WHEREAS, the City recognizes that certain costs related to the Feasibility Study must be undertaken by the Port Authority under the terms of the Agreement and, in order for the Port Authority to enter into the Agreement for the benefit of the Southbank Cities, the Port Authority has requested that the Cities provide assurance that they will actively participate in the Feasibility Study by providing staff support, relevant information and documents available in City records and other in-kind support so that the contribution obligations under the Agreement can be satisfied; and

WHEREAS, the City desires that the Agreement be administered on behalf of the Port Authority and the Southbank Cities by Southbank.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT THOMAS, KENTUCKY:

Section 1.  Preambles.  That the preambles of this Resolution be incorporated as an integral part of this Resolution, to the same extent as if repeated herein verbatim, it being declared that the statements of fact set forth in such preambles are true and accurate in all respects.

Section 2.  Request that Port Authority enter into the Agreement.  That the City, hereby requests that the Port Authority enter into the Agreement substantially in the form attached hereto as Appendix A, with the Army.

Section 3.  Participation in Feasibility Study Related Activities.  That in recognition of the costs related to the Feasibility Study that must be undertaken by the Port Authority under the terms of the Agreement, the City will actively participate in the Feasibility Study by providing staff support, relevant information and documents available in City records and other in-kind support in a manner that will satisfy the contribution requirements under the Agreement.

Section 4.  Southbank to act as Administrator.  That the City requests and acknowledges that Southbank will act as administrator of the Feasibility Study and the Agreement for the Port Authority and the Southbank Cities.  As administrator, Southbank will coordinate efforts between the Port Authority as party to the Agreement and the Southbank Cities, and shall serve as the counterpart to the Army's Project Manager under the Agreement.

Section 5.  Severability.  That if any section, paragraph or provision of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Resolution.

Section 6.  Inconsistent Actions.  That all prior resolutions, municipal orders or parts thereof inconsistent herewith are hereby repealed.

Section 7.  Open Meetings Laws.  That all meetings of the City Council and of its committees and any other public bodies, at which the formal actions in connection with the authorization of the Agreement were taken, or at which deliberations that resulted in such formal actions were held, were open meetings, and such formal actions were taken and any such deliberations took place while such meetings, after proper notice, were open to the public, in compliance with all legal requirements including KRS Sections 61.810, 61.815, 61.820 and 61.825.

Section 8.  Effective Date.  That this Resolution shall take effect from and after its adoption, as provided by law.

DULY ADOPTED on September 8, 2009.

CITY OF FORT THOMAS, KENTUCKY

By:

Mary H. Brown, Mayor

Attest:

 

Melissa Kelly, City Clerk

CERTIFICATION

I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the City of Fort Thomas, Kentucky, and as such City Clerk, I further certify that the foregoing is a true, correct and complete copy of a Resolution duly enacted by the City Council of the City at a duly convened meeting held on the 8th day of September , 2009, on the same occasion signed by the Mayor as evidence of their approval, and now in full force and effect, all as appears from the official records of the City in my possession and under my control.

Witness my hand as City Clerk of said City as of the 8th day of September, 2009.

 

Melissa Kelly, City Clerk