Senate Bill 2608

(As Passed the Senate)

AN ACT TO AUTHORIZE THE DEPARTMENT OF FINANCE AND ADMINISTRATION, ACTING ON BEHALF OF THE DEPARTMENT OF MENTAL HEALTH, TO SELL CERTAIN STATE-OWNED PROPERTY LOCATED IN THE CITY OF MERIDIAN, MISSISSIPPI; TO AUTHORIZE THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION TO TRANSFER CERTAIN REAL PROPERTY LOCATED IN LINCOLN COUNTY, MISSISSIPPI, TO THE CITY OF BROOKHAVEN; TO AUTHORIZE THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION TO TRANSFER CERTAIN REAL PROPERTY LOCATED IN WILKINSON COUNTY, MISSISSIPPI, TO THE CITY OF WOODVILLE; TO AUTHORIZE THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION TO TRANSFER CERTAIN REAL PROPERTY LOCATED IN LAWRENCE COUNTY, MISSISSIPPI, TO THE COUNTY OF LAWRENCE; TO AMEND SECTION 37-33-157, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE DEPARTMENT OF REHABILITATION SERVICES TO OWN REAL PROPERTY, AND TO CONSTRUCT, RENOVATE OR REPAIR ANY BUILDINGS ON SUCH PROPERTY; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) The Department of Finance and Administration, acting on behalf of the Mississippi Department of Mental Health, and upon meeting the requirements of Section 29-1-1, may sell and convey all or part of certain state-owned real property located in the City of Meridian, Lauderdale County, commonly known as the Matty Hersee Hospital, more particularly described as follows:

Commencing at the SW corner of the SE 1/4 of the NE 1/4 of Section 14, Township 6 North, Range 15 East, Meridian, Lauderdale County, Mississippi; thence East 34.00 feet to a point; thence North 30.00 feet to an iron pin set at the intersection of the Northern right-of-way of Valley Street and the Eastern right-of-way of 53rd Avenue, and said pin being the Point of Beginning of the herein described parcel of land; thence with said Eastern right-of-way of 53rd Avenue run North 00 degrees 38 Minutes 07 Seconds West 692.38 feet, more or less, passing an iron pin found at 349.96 feet to an iron pin set on the Southern right-of-way of Mississippi Highway 19; thence leaving said 53rd Avenue and with the right-of-way of Highway 19, run South 72 Degrees 55 Minutes 04 Seconds East 259.34 feet along said Southern right-of-way of Mississippi Highway 19, passing a right-of-way monument found at 205.27 feet and an iron pin found at 211.22 feet to an iron pin set; thence South 17 Degrees 05 Minutes 07 Seconds West 15.00 feet to an iron pin set; thence South 72 Degrees 54 Minutes 53 Seconds East 150.00 feet to a right-of-way monument found (disturbed); thence North 17 Degrees 22 minutes 07 Seconds East 25.00 feet to a right-of-way monument on the South right-of-way of Mississippi Highway 19; thence South 73 Degrees 03 Minutes 29 Seconds East 315.62 feet along said Southern right-of-way passing a right-of-way monument found at 284.85 feet to an iron pin set; thence along a curve to the right on the South right-of-way of Mississippi Highway 19 472.42 feet, said curve having a radius of 323.03 feet and a chord bearing and distance of South 31 Degrees 09 Minutes 42 Seconds East 431.43 feet to a right-of-way monument on the Western right-of-way of said Highway 19 and Highway 11; thence along said Highway 11 right-of-way South 10 Degrees 44 Minutes 05 Seconds West 117.47 feet to an iron pin set on the Northern right-of-way of Valley Street; thence with said Northern right-of-way of Valley Street South 89 Degrees 40 Minutes 30 Seconds West 889.65 feet, more or less, to the Point of Beginning and being a part of the SE 1/4 of the NE 1/4 of Section 14, Township 6 North, Range 15 East, Meridian, Lauderdale County, Mississippi and containing 11.36 acres, more or less, LESS AND EXCEPT THEREFROM the 3.9 acres, more or less, in the SW portion of the above described property presently being occupied by the Lauderdale County Health and Human Services Complex and the 1.44 acres, more or less, in the NW portion of the above described property presently being occupied by the Mississippi Highway Patrol.

(2) The real property described in subsection (1) of this section shall be sold for not less than the current fair market value as determined by the averaging of at least two (2) appraisals by qualified appraisers who shall be selected by the Department of Finance and Administration and shall be certified and licensed by the Mississippi Real Estate Appraiser Licensing and Certification Board. However, if no bid is received which is equal to the current market value, the property may be sold at auction to the highest bidder.

(3) Any funds received by the State of Mississippi for the sale and conveyance of the real property described in subsection (1) of this section shall be deposited into the East Mississippi State Hospital Fund, Department of Mental Health.

(4) The State of Mississippi shall retain all mineral rights to the real property sold and conveyed pursuant to this section.

SECTION 2. (1) The Mississippi Department of Transportation may transfer and convey to the City of Brookhaven, Mississippi, all of the right, title and interest in certain real property located within the County of Lincoln, described more specifically as follows:

2.63 acres, more or less, situated in Lot 7 of the Price Estate, City of Brookhaven, said lands are situated in the SW 1/4 of the SE 1/4 of Section 12, Township 7 North, Range 7 East, Lincoln County, Mississippi, and described in particular as follows: Commencing at a Nail in the center of Hartman Street marking the NE Corner of the SW 1/4 of the SE 1/4 of Section 12 run N 89°16'00"W 30.00 ft. to a Fence Corner on the West side of said Hartman Street and the Point of Beginning. Thence S 00°16'45"E 125.22 ft. along said Street to a 1/2 Inch Iron Pin on the North Right-of-Way of the Mississippi Central Railroad, thence away from said Street and along said Right-of-Way S 77°53'15"W 618.94 ft. to a concrete Right-of-Way Marker, thence away from said Railroad Right-of-Way N 00°41'00"W 251.91 ft. to a concrete Right-of-Way Marker, thence N 89°41'45"E 607.56 ft. to the Point of Beginning.

(2) The conveyance authorized in this section may be subject to additional terms and conditions accepted and agreed upon by the Mississippi Department of Transportation and the City of Brookhaven, Mississippi.

SECTION 3. (1) The Mississippi Department of Transportation may transfer and convey to the City of Woodville, Mississippi, all of the right, title and interest in certain real property located within the County of Wilkinson, described more specifically as follows:

From the Southwest Corner of Section 27, Township 2 North, Range 2 West, run thence North 0° 58' 15" East, a distance of 390.0 feet; thence South 89° 01' 45" East, a distance of 1100.0 feet; thence South 77° 01' 45" East, a distance of 359.0 feet to the centerline of U.S. Highway No. 61 and 65 at Station 436 + 74.27 (F-62-(2)); thence Northerly along the centerline of said highway, a distance of 1916.07 feet to Station 455 + 90.34 on the centerline of said highways (F-41-(4)); thence North 13° 29' 45" West, a distance of 501.7 feet; thence South 70° 05' 45" East, a distance of 670.3 feet to the point of beginning of the parcel of land herein conveyed; thence North 3° 55' East along a line that is parallel with and 50 feet from the West boundary of that certain parcel of land conveyed to the Town of Woodville, Mississippi, by G.E. Miller and wife, Mary R. Miller, by deed recorded in Wilkinson County Deed Record Book 4-L, page 45, a distance of 323.0 feet; thence East, a distance of 150.1 feet; thence South 3° 55' West, a distance of 345.9 feet to a point on the Northerly boundary of Sweeny Town Lane; thence North 86° 40' West, a distance of 76.6 feet; thence North 75° 41' West, a distance of 74.6 feet to the point of beginning, containing 1.16 acres, more or less, and being situated in the East 1/2 of the West 1/2 of Section 27, Township 2 North, Range 2 West, Town of Woodville, Wilkinson County, Mississippi.

SECTION 4. (1) The Mississippi Department of Transportation may transfer and convey to the County of Lawrence, Mississippi, all of the right, title and interest in certain real property located within the County of Lawrence, described more specifically as follows:

2.89 Acres, more or less, situated in the East 1/2 of the NE 1/4 of Section 32, Township 7 North, Range 11 East, Lawrence County, Mississippi, and described in particular as follows: Commencing at a Cotton Picker Spindle marking the NE Corner of said Section 32 run WEST 14.43 ft., run SOUTH 589.41 ft. to a 1/2 Inch Iron Pin on the East R/W of old Highway 27 50 ft. rt. of Station 1745+80 and the Point of Beginning. Thence S 00°25'00"E 1375.55 ft. to a R/W Marker, thence S 56°53'30"W 250.03 ft. to a R/W Marker, thence N 10°47'30"E 184.12 ft. to a 1/2 Inch Iron Pin, thence N 79°10'15"W 10.00 ft. to a 1/2 Inch Iron Pin, thence along a R/W Curve to the left with a Delta Angle of 6°40'43", a Radius of 11509.16 ft., a Length of 1341.55 ft., and a Chord of N 07°29'20"E 1340.79 ft. to the Point of Beginning.

SECTION 5. Section 37-33-157, Mississippi Code of 1972, is amended as follows:

37-33-157. The Department of Rehabilitation Services shall provide the rehabilitation services authorized by law and by the rules, regulations and policies of the board to every individual determined to be eligible therefor, and in carrying out the purposes of this chapter the department is authorized, when consistent with the rules, regulations and policies of the State Board of Rehabilitation Services:

(a) To expend funds received either by appropriation or directly from federal or private sources;

(b) To cooperate with other departments, agencies and institutions, both public and private, in providing the services authorized by this chapter to disabled individuals, in studying the problems involved therein, and in establishing, developing and providing in conformity with the purposes of this chapter, such programs, facilities and services as may be necessary or desirable;

(c) To enter into reciprocal agreements with other states to provide for the services authorized by this chapter to residents of the states concerned;

(d) To conduct research and compile statistics relating to the provision of services to or the need of services by disabled individuals;

(e) To enter into contractual arrangements with the federal government and with other authorized public agencies or persons for performance of services related to rehabilitation;

(f) To contract with schools, hospitals and other agencies, and with doctors, optometrists, nurses, technicians and other persons, for training, physical restoration, transportation and other rehabilitation services;

(g) To take such action as may be necessary to enable the department to apply for, accept and receive for the state and its residents the full benefits available under the federal Vocational Rehabilitation Act, and any amendments thereto, and under any other federal legislation or program having as its purpose the providing of, improvement or extension of, vocational rehabilitation services;

(h) To establish an Office on the Deaf and Hard of Hearing to provide services and activities authorized under Section 37-33-171;

(i) To own real property, and to construct, renovate or repair any buildings on such property.

SECTION 6. This act shall take effect and be in force from and after July 1, 2005, and shall stand repealed on June 30, 2005.