Adopted

AMENDMENT NO 1 TO COMMITTEE AMENDMENT NO 1 PROPOSED TO

House Bill No. 1123

BY: Senator(s) Jackson

AMEND after line 50 by inserting the following language and renumbering subsequent sections accordingly:

SECTION 2.  (1)  The State Transportation Commission, acting on behalf of the Mississippi Department of Transportation is authorized to sell, in exchange for fair market value, to the City of Marks, Mississippi, its interest in certain real property and any improvements thereon located in Marks, Mississippi, known as the "Marks Community Park," and being more particularly described as follows:

     The Southwest Quadrant of the intersection of State Highways Numbers 3 and 6, in the City of Marks, Mississippi, Quitman County.

     (2)  (a)  Of the property described in subsection (1) of this section, it is hereby understood and agreed by the City of Marks, Mississippi, as the grantee herein named, that all existing utilities located on, under or above the property herein described, shall remain at the discretion of the utility owners, and that the grantee, its assigns or successors in the title will not require the relocation of these utilities except by agreement with the utility owner.

          (b)  This conveyance is subject to the provisions that no junkyards, as defined in 23 USCS Section 136, shall be hereafter established or maintained on the above-described lands, and no signs, billboards, outdoor advertising structures or advertisement of any kind, as provided for in 23 USCS Section 131, shall be hereafter erected, displayed, placed or maintained upon or within the above-described land, except that signs may be erected and maintained to advertise the sale, hire or lease of the property, or principal activities conducted on the land upon which the signs are located.

     (3)  The State of Mississippi shall retain all mineral rights to the real property transferred under this section.

     (4)  The Mississippi Department of Transportation is authorized to correct any discrepancies in the legal description of the property provided in this section.

     (5)  Any expenses incurred in conducting a survey of the property shall be paid for by the City of Marks, Mississippi.

     FURTHER, AMEND the title to conform.