KRS § 148.241 — KY Code / Title XII / Chapter 148 / Section 148.241
148.241 Compact for Falls of the Ohio Interstate Park
Status: in_force

148.241 Compact for Falls of the Ohio Interstate Park.

The Falls of the Ohio Interstate Park Compact is hereby enacted into law and entered into

by this state with the state of Indiana, in the form substantially as follows:

FALLS OF THE OHIO INTERSTATE PARK COMPACT

ARTICLE I.

The State of Indiana and the Commonwealth of Kentucky agree to create, develop

and operate an interstate park to be known as Falls of the Ohio Interstate Park, which

shall be located along the Ohio River at the Falls of the Ohio and on adjacent areas in

Clark and Floyd Counties, Indiana, and Jefferson County, Kentucky. 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 Falls of the Ohio 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

Indiana and Kentucky. The commission shall consist of 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 one of the first commissioners appointed

shall be for two years, the term of another for three years, and the term of the third for

four years. Their successors shall be appointed for terms of four years each. 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

State of Indiana and the Commonwealth of Kentucky 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 state agrees that it will exercise the

right of eminent domain to acquire property located within each state 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 state 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 representative of the two states 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 state or by the Governor thereof.

ARTICLE VI.

The cost of acquiring land and other property required in the development and

operation of the Falls of the Ohio 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 state 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 states parties hereto.

The compact approved herein shall become effective upon ratification and approval

of the compact by the General Assembly of the State of Indiana and upon approval of this

compact by the Congress of the United States.