148.220 Compact with Virginia for Breaks Interstate Park. - Kentucky Statutes

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148.220 Compact with Virginia for Breaks Interstate Park.
The Governor is hereby authorized and directed to execute, on behalf of the
Commonwealth of Kentucky, the following compact with the Commonwealth of Virginia
which is hereby approved, ratified and enacted into law: BREAKS INTERSTATE PARK COMPACT Pursuant to authority granted by an Act of the 83rd Congress of the United States, being Public Law 275, approved August 14, 1953, the Commonwealth of Kentucky and
the Commonwealth of Virginia do hereby covenant and agree as follows: ARTICLE I. The Commonwealth of Kentucky and the Commonwealth of Virginia agree to create, develop and operate an interstate park to be known as The Breaks Interstate Park,
which shall be located along the Russell Fork of the Levisa Fork of the Big Sandy River
and on adjacent areas in Pike County, Kentucky, and Dickenson and Buchanan counties,
Virginia. Said park shall be of such area and of such character as may be determined by
the commission created by this compact. ARTICLE II. There is hereby created The Breaks Interstate Park Commission, which shall be a body corporate with the powers and duties set forth herein and such additional powers as
may be conferred upon it by subsequent action of the appropriate authorities of Kentucky
and Virginia. The commission shall consist of the Director of the Virginia Department of
Conservation and Recreation or his designee and the Commissioner of the Kentucky
Department of Parks or his designee as voting, ex officio members and three
commissioners from each of the two states, each of whom shall be a citizen of the state he
shall represent. Members of the commission shall be appointed by the Governor.
Vacancies shall be filled by the Governor for the unexpired term. The term of the
commissioners appointed by the Governor shall be for four years. Each commissioner
shall hold office until his successor is appointed and qualified. An officer or employee of
the state, a political subdivision or the United States government may be appointed a
commissioner under this compact. ARTICLE III. The commission created herein shall be a joint corporate instrumentality of both the Commonwealth of Kentucky and the Commonwealth of Virginia for the purpose of
effecting the objects of this compact, and shall be deemed to be performing governmental
functions of the two states in the performance of its duties hereunder. The commission
shall have power to sue and be sued, to contract and be contracted with, to use a common
seal and to make and adopt suitable bylaws, rules and regulations. The commission shall
have the authority to acquire by gift, purchase or otherwise real estate and other property,
and to dispose of such real estate and other property. Each Commonwealth agrees that it
will authorize the commission to exercise the right of eminent domain to acquire property
located within each Commonwealth required by the commission to effectuate the
purposes of this compact. ARTICLE IV. The commission shall select from among its members a chairman and a vice chairman, and may select from among its members a secretary and treasurer or may
designate other persons to fill these positions. It may appoint, and at its pleasure remove
or discharge, such officers and legal, clerical, expert and other assistants and employees
as may be required to carry the provisions of this compact into effect, and shall fix and
determine their duties, qualifications and compensation. It may establish and maintain
one or more offices for the transaction of its business, and may meet at any time or place. A majority of the commissioners present shall constitute a quorum for the transaction of
business. The commissioners shall serve without compensation, but shall be paid their
expenses incurred in and incident to the performance of their duties. They shall take the
oath of office required of officers of their respective states. ARTICLE V. Each Commonwealth agrees that the officers and departments of each will be authorized to do all things falling within their respective jurisdictions necessary or
incidental to the carrying out of the compact in every particular. The commission shall be
entitled to the services of any state officer or agency in the same manner as any other
department or agency of this state. The commission shall keep accurate records, showing
in full its receipts and disbursements, and said records shall be open at any reasonable
time to the inspection of such representatives of the two Commonwealths as may be duly
constituted for that purpose. The commission shall submit annually and at other times as
required such reports as may be required by the laws of each Commonwealth or by the
Governor thereof. ARTICLE VI. The cost of acquiring land and other property required in the development and operation of The Breaks Interstate Park and constructing, maintaining and operating
improvements and facilities therein and equipping same may be defrayed by funds
received from appropriations, gifts, the use of money received as fees or charges for the
use of said park and facilities, or by the issuance of revenue bonds, or by a combination
of such sources of funds. The commission may charge for admission to said park, or
make other charges deemed appropriate by it and shall have the use of funds so received
for park purposes. The commission is authorized to issue revenue bonds, which shall not
be obligations of either state, pursuant to procedures which shall be in substantial
compliance with the provisions of laws of either or both states governing the issuance of
revenue bonds by governmental agencies. ARTICLE VII. All money, securities and other property, real and personal, received by way of gift or otherwise or revenue received from its operations may be retained by the commission
and used for the development, maintenance and operation of the Park or for other Park
purposes.
The commission shall not pledge the credit of either Commonwealth except by and with the authority of the General Assembly thereof. ARTICLE VIII. This compact may be amended from time to time by the concurrent action of the two Commonwealth parties hereto. Effective: July 15, 1994
History: Amended 1994 Ky. Acts ch. 22, sec. 1, effective July 15, 1994. -- Amended 1964 Ky. Acts ch. 98, sec. 1. -- Created 1954 Ky. Acts ch. 82, sec. 1. Legislative Research Commission Note (8/16/95). The Commonwealth of Virginia approved changes in the Breaks Interstate Park Compact that were substantially the
same as those adopted in 1994 Ky. Acts ch. 22. See Virginia Acts of Assembly, 1994
Session, Chapter 622 (approved April 10, 1994, effective upon approval of same
amendments by the Commonwealth of Kentucky). Thus, pursuant to 1994 Ky. Acts
ch. 22, sec. 3, the 1994 amendment of this statute became effective July 15, 1994, the
normal effective date for legislation enacted during the 1994 Regular Session of the
Kentucky General Assembly.