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12-10-81 G
*** CODE SECTION *** 08/08/97
12-10-81.
The Historic Chattahoochee Compact is enacted into law and entered
into by the State of Georgia with the State of Alabama legally
joining therein in the form substantially as follows:
"HISTORIC CHATTAHOOCHEE COMPACT
The contracting states solemnly agree that:
Article I.
The purpose of this compact is to promote the cooperative
development of the Chattahoochee Valley's full potential for
historic preservation and tourism 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 Georgia have
ratified it and Congress has given consent thereto.
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 Historic Chattahoochee Commission
(hereinafter referred to as the 'Commission'). The Commission shall
consist of twenty-eight members who shall be bona fide residents and
qualified voters of the party states and counties served by the
Commission. Election for vacant seats will be by majority vote of
the voting members of the Commission board at a regularly scheduled
meeting. In Alabama, two shall be residents of Barbour County, two
shall be residents of Russell County, two shall be residents of
Henry County, two shall be residents of Chambers County, two shall
be residents of Lee County, two shall be residents of Houston
County, and two shall be residents of Dale County. In Georgia, one
shall be a resident of Troup County, one shall be a resident of
Harris County, one shall be a resident of Muscogee County, one shall
be a resident of Chattahoochee County, one shall be a resident of
Stewart County, one shall be a resident of Randolph County, one
shall be a resident of Clay County, one shall be a resident of
Quitman County, one shall be a resident of Early County, one shall
be a resident of Seminole County, and one shall be a resident of
Decatur County. In addition, there will be three at-large members
who shall be selected from any three of the Georgia member counties
listed above. The Commission at its discretion may appoint as many
advisory members as it deems necessary from any Georgia or Alabama
county which is located in the Chattahoochee Valley area. The
contribution of each party state shall be in equal amounts. If the
party states fail to appropriate equal amounts to the Commission
during any given fiscal year, voting membership on the Commission
Board shall be determined as follows: The state making the larger
appropriation shall be entitled to full voting membership. The
total number of members from the other state shall be divided into
the amount of the larger appropriation and the resulting quotient
shall be divided into the amount of the smaller appropriation. The
then resulting quotient, rounded to the next lowest whole number,
shall be the number of voting members from the state making the
smaller contribution. The members of the Commission from the state
making the larger contribution shall decide which of the members
from the other state shall serve as voting members, based upon the
level of tourism, preservation, and promotional activity, and
general support of the Commission's activities by and in the county
of residence of each of the members of the state making the smaller
appropriation. Such determination shall be made at the next meeting
of the Commission following September 30th of each year. Members of
the Commission shall serve for terms of office as follows: Of the 14
Alabama members, one from each of said counties shall serve for two
years and the remaining member of each county shall serve for four
years. Upon the expiration of the original terms of office of
Alabama members, all successor Alabama members shall be appointed
for four-year terms of office, with seven vacancies in the Alabama
membership occurring every two years. Of the 14 Georgia members,
seven shall serve four-year terms and seven shall serve two-year
terms for the initial term of this compact. The terms of the
individual Georgia members shall be determined by their place in the
alphabet by alternating the four- and two-year terms beginning with
Chattahoochee County -- four years, Clay County -- two years,
Decatur County -- four years, etc. Upon the expiration of the
original terms of office of Georgia members, all successor Georgia
members shall be appointed for four-year terms of office, with seven
vacancies in the Georgia membership occurring every two years. Of
the three Georgia at-large Board members, one shall serve a
four-year term and two shall serve two-year terms.
All Board members shall serve until their successors are appointed
and qualified. Vacancies shall be filled by the voting members of
the Commission. The first chairman of the Commission created by this
compact shall be elected by the Board of Directors from among its
voting membership. Annually thereafter, each succeeding chairman
shall be selected by the members of the Commission. The
chairmanship shall rotate each year among the party states in order
of their acceptance of this compact. Members of the Commission
shall serve without compensation but shall be entitled to
reimbursement for actual expenses incurred in the performance of the
duties of the Commission.
Article IV.
The headquarters of the Commission shall be selected by the
Commission and shall be centrally located in the Chattahoochee
Valley area. Such headquarters shall be consistent with the
legitimate need of the Commission. The Commission shall hold an
annual meeting at the Commission Headquarters and one-half of the
then members of the Commission shall constitute a quorum for the
transaction of business. Additional meetings may be held at such
times and places as may be considered necessary, desirable or
convenient, upon call of the chairman or, in the case of his absence
or incapacity, of the vice chairman or on call of any three members
of the Commission. The Commission shall determine and establish its
own organization and procedure in accordance with the provisions of
this compact and shall have an official seal. The Commission shall
elect its chairman, its vice chairman, its secretary and its
treasurer, and such officers shall hold office for a period of one
year or until a successor is elected. Neither the secretary nor the
treasurer need be members of the Commission. The Commission may
require that the treasurer thereof be bonded in an amount to be
determined by the Commission.
Article V.
The Commission shall have the right to adopt such rules and
regulations as may be necessary to carry out the intent and purposes
of this compact and shall be authorized to provide for an executive
committee of not fewer than five of its members to whom it may
delegate such powers and authority as the Commission may deem to be
advisable.
Article VI.
No member of the Commission shall receive any pay or emolument other
than his actual expenses incurred in the discharge of his duties as
a member of the Commission. All such expenses are to be paid from
the funds of the Commission. Further, it shall be unlawful for any
member of the Commission or any employee thereof to charge, receive,
or obtain, either directly or indirectly, any fee, commission,
retainer or brokerage out of the funds of the Commission, and no
member of the Commission or officer or employee thereof shall have
any interest in any land, materials, or contracts sold to, or made
or negotiated with the Commission or with any member or employee
thereof acting in his capacity as a member of such Commission.
Violation of any provisions of this article shall be a misdemeanor
and upon conviction shall be punishable by removal from membership
or employment and by a fine of not less than $100.00 or by
imprisonment not to exceed six months or both.
Article VII.
The Commission shall establish and maintain at such lawful
depository or depositories as it shall select, a 'Historic
Chattahoochee Fund' composed of the money or monies which may come
into its hands from admissions, inspection fees, gifts, donations,
grants, bequests, loans, bond issues, governmental appropriations or
other sources, either public or private. Such funds shall be used by
the Commission to pay for the purposes herein set forth, and the
servicing, retirement or amortization of any bonds or other
evidences of indebtedness issued by the Commission.
Article VIII.
The Commission shall be authorized:
(a) To investigate and select available sites for housing historic
exhibits, including the surrounding grounds, with such state,
federal, or local agencies and governments and private
individuals, corporations, associations, or other organizations as
may be involved, taking into consideration all pertinent factors
affecting the suitability of such sites; to acquire, transport,
renovate, maintain and exhibit appropriate and suitable military
or historic units, articles, exhibits, and attractions; to have
full, complete and exclusive jurisdiction over the sites and any
related exhibits;
(b) To promote tourism throughout the Chattahoochee Valley by
attending travel shows; issuing news releases, calendars of events
and newsletters; publishing brochures and pamphlets; constructing
mobile travel exhibits; producing films and other visual
presentations as may be necessary; and advertising in magazines or
newspapers;
(c) To acquire by rent or lease agreement, or otherwise, the
necessary housing facilities; and to establish, improve and
enlarge available facilities, including providing them with
necessary equipment, furnishings, landscaping, and related
facilities, including parking areas and ramps, roadways, sewers,
curbs, and gutters;
(d) To enter into such contracts and cooperative agreements with
the local, state and federal governments, with agencies of such
governments, with private individuals, corporations, associations,
and other organizations, as the Commission may deem necessary or
convenient to carry out the purposes of this compact, with such
contracts and agreements to include leases to private industry;
(e) To borrow money from private sources, the state emergency
fund, or such other source as may be acceptable to the Commission
under such terms and conditions as may be provided by law and, in
order to provide security for the repayment of any such private
loans, the Commission shall have the authority to pledge such
future revenues from admission and any other sources as may, from
time to time, be necessary or desirable;
(f) To issue and sell at any time and from time to time its
revenue bonds for the purpose of providing funds to acquire,
enlarge, improve, equip and maintain its property, and for the
payment of obligations incurred for such purposes. The principal
and interest on any such revenue bonds shall be payable solely out
of the revenues derived from the project;
(g) To make such contracts in the issuance of its bonds as may
seem necessary or desirable to assure their marketability and to
provide for their retirement by a pledge of all or any revenue
which may come to the Commission from the investment of the
proceeds of the sale of such bonds or from any other source
whatsoever;
(h) To accept public or private gifts, grants and donations;
(i) To acquire property by purchase, lease, gift, or license; and
to dispose of any property of the Commission when, in the opinion
of the Commission, such disposition is deemed expedient;
(j) To allocate and expend funds from all donations, income and
revenue from any source whatsoever coming into its treasury for
the fulfillment and accomplishment of its duties and
responsibilities in such manner as may be necessary and
appropriate for the perfection of the purposes of this compact;
(k) To sell, convey, transfer, lease or donate any property,
franchise, grant, easement, license or lease or interest therein
which it may own and to transfer, assign, sell, convey, or donate
any right, title or interest which it may have in any lease,
contract, agreement, license or property;
(l) To hire such laborers, artisans, caretakers, technicians,
stenographers and administrative employees and supervisory and
professional personnel as may be necessary or advisable for the
carrying out in the most efficient and beneficial manner of the
purposes and provisions of this compact;
(m) To employ an executive director who shall serve at the
pleasure of the Commission, who shall be responsible directly to
the Commission, whose compensation shall be fixed by the
Commission, whose duties and authority shall be designated by the
Commission, and who shall be paid from funds of the Commission;
(n) To make such rules and regulations as the Commission may deem
necessary and desirable to provide for the operation, management
and control of its facilities;
(o) To perform such other acts necessary or incidental to the
accomplishment of the purposes of this compact, whether or not
specifically authorized in this Article and not otherwise
prohibited by law.
Article IX.
The Commission shall constitute a public body corporate and shall
have, in addition to those set forth specifically in this compact,
all powers necessary or convenient to effect the purposes for which
it has been established under and by the terms of this compact,
together with all powers incidental thereto or necessary to the
discharge of its said powers and duties.
Article X.
The Commission, its property and income and all bonds issued by the
Commission, the income from such bonds or from the investment of
such income, and all conveyances, leases, mortgages, and deeds of
trust by or to the Commission shall be exempt from all taxation in
the State of Alabama and the State of Georgia.
Article XI.
All obligations incurred by the Commission and all bonds issued by
it shall be solely and exclusively an obligation of the Commission
and shall not create an obligation or debt of the State of Alabama
or the State of Georgia or any county or municipality of either.
Article XII.
The Commission shall maintain at all times accurate records and
books of account covering revenues and expenditures. Such records
and books shall be available for audit at any time by the department
of examiners of public accounts and shall be audited at least every
two years in the same manner as audits are made of other state
agencies and departments."
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