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182.300 Tennessee-Tombigbee Waterway Development Compact.
The Governor on behalf of the Commonwealth is authorized to execute a compact,
in substantially the following form, with the other states that are parties to the
compact; and the General Assembly, with the provision contained in KRS 182.310,
signifies in advance its approval and ratification of the compact, which is as follows:
ARTICLE I
The purpose of this compact is to promote the development of a navigable waterway
connecting the Tennessee and Tombigbee Rivers by way of the east fork of the
Tombigbee River and Mackeys and Yellow Creeks so as to provide a nine (9) foot
navigable channel from the junction of the Tombigbee and Warrior Rivers at
Demopolis in the State of Alabama to the junction of Yellow Creek with the
Tennessee River at Pickwick Pool in the State of Mississippi, and to establish a joint
interstate authority to assist in these efforts.
ARTICLE II
This compact shall become effective immediately as to the states ratifying it
whenever the States of Alabama and Mississippi have ratified it and Congress has
given consent thereto. Any state not mentioned in this article which is contiguous
with any member state may become a party to this compact, subject to approval by
the legislature of each of the member states.
ARTICLE III
The states which are parties to this compact (hereinafter referred to as "party
states") do hereby establish and create a joint agency which shall be known as the
Tennessee-Tombigbee Waterway Development Authority (hereinafter referred to as
the "authority"). The membership of which authority shall consist of the Governor of
each party state and five (5) other citizens of each party state, to be appointed by
the Governor thereof. Each appointive member of the authority shall be a citizen of
that state who is interested in the promotion and development of waterways and
water transportation. The appointive members of the authority shall serve for terms
of four (4) years each. Vacancies on the authority shall be filled by appointment by
the Governor for the unexpired portion of the term. The members of the authority
shall not be compensated, but each shall be entitled to actual expenses incurred in
attending meetings, or incurred otherwise in the performance of his duties as a
member of the authority. The members of the authority shall hold regular quarterly
meetings and such special meetings as its business may require. They shall choose
annually a chairman and vice chairman from among their members, and the
chairmanship shall rotate each year among the party states in order of their
acceptance of this compact. The secretary of the authority (hereinafter provided for)
shall notify each member in writing of all meetings of the authority in such a manner
and under such rules and regulations as the authority may prescribe. The authority
shall adopt rules and regulations for the transaction of its business; and the
secretary shall keep a record of all its business, and shall furnish a copy thereof to
each member of the authority. It shall be the duty of the authority, in general, to
promote, encourage, and coordinate the efforts of the party states to secure the
development of the Tennessee-Tombigbee Waterway. Toward this end, the
authority shall have power to hold hearings; to conduct studies and surveys of all
problems, benefits, and other matters associated with the development of the
Tennessee-Tombigbee Waterway, and to make reports thereon; to acquire, by gift or
otherwise, and hold and dispose of such money and property as may be provided for
the proper performance of their function; to cooperate with other public or private
groups, whether local, state, regional, or national, having an interest in waterways
development; to formulate and execute plans and policies for emphasizing the
purpose of this compact before the Congress of the United States and other
appropriate officers and agencies of the United States; and to exercise such other
powers as may be appropriate to enable it to accomplish its functions and duties in
connection with the development of the Tennessee-Tombigbee Waterway and to
carry out the purposes of this compact.
ARTICLE IV
The authority shall appoint a secretary, who shall be a person familiar with the
nature, procedures, and significance of inland waterways development and the
informational, educational, and publicity methods of stimulating general interest in
such developments, and who shall be the compact administrator. His term of office
shall be at the pleasure of the authority and he shall receive such compensation as
the authority shall prescribe. He shall maintain custody of the authority's books,
records, and papers, which he shall keep at the office of the authority, and he shall
perform all functions and duties, and exercise all powers and authorities, that may
be delegated to him by the authority.
ARTICLE V
Each party state agrees that, when authorized by its legislature, it will from time to
time make available and pay over to the authority such funds as may be required for
the establishment and operation of the authority. The contribution of each party state
shall be in the proportion that its population bears to the total population of the states
which are parties hereto, as shown by the most recent official report of the United
States Bureau of the Census, or upon such other basis as may be agreed upon.
ARTICLE VI
Nothing in this compact shall be construed so as to conflict with any existing statute,
or to limit the powers of any party state, or to repeal or prevent legislation, or to
authorize or permit curtailment or diminution of any other waterway project, or to
affect any existing or future cooperative arrangement or relationship between any
federal agency and a party state.
ARTICLE VII
This compact shall continue in force and remain binding upon each party state until
the legislature or Governor of each or either state takes action to withdraw
therefrom; provided that such withdrawal shall not become effective until six (6)
months after the date of the action taken by the legislature or Governor. Notice of
such action shall be given to the other party state or states by the Secretary of State
of the party state which takes such action.
History: Created 1962 Ky. Acts ch. 265, sec. 1.
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