MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Appropriations
By: Representatives Read, Hamilton, Howell, Mettetal, Weathersby
AN ACT TO AUTHORIZE THE DEPARTMENT OF FINANCE AND ADMINISTRATION, ACTING ON BEHALF OF THE MISSISSIPPI BOARD OF PHARMACY, TO PURCHASE CERTAIN REAL PROPERTY FOR THE USE AND BENEFIT OF THE BOARD; TO AUTHORIZE THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO NEGOTIATE ALL ASPECTS OF THE PURCHASE AND ANY TERMS AND ANCILLARY AGREEMENTS PERTAINING TO THE PURCHASE; TO PROVIDE THAT NO STATE GENERAL FUNDS,SPECIAL FUNDS OR STATE APPROPRIATIONS SHALL BE USED BY THE DEPARTMENT OF FINANCE AND ADMINISTRATION FOR THE PURCHASE OF THE REAL PROPERTY; TO AUTHORIZE THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO SELL AND CONVEY, LEASE OR ENTER INTO A LEASE-PURCHASE AGREEMENT FOR CERTAIN STATE-OWNED REAL PROPERTY CURRENTLY USED BY THE MISSISSIPPI BOARD OF PHARMACY AS ITS OPERATING FACILITIES; TO REQUIRE MONIES DERIVED FROM THE SALE OR LEASE OF THAT PROPERTY TO BE USED TO OFFSET THE EXPENDITURES ASSOCIATED WITH THE PURCHASE OF A NEW OPERATING FACILITY; TO PROVIDE THAT MONIES RECEIVED IN EXCESS OF THE AMOUNT NEEDED FOR THE PURCHASE OF A NEW OPERATING FACILITY AND SUCH OTHER ANCILLARY MATTERS RELATING TO THE PURCHASE TO BE DEPOSITED INTO A SPECIAL FUND IN THE STATE TREASURY FOR THE PURPOSE OF BEING DISBURSED TO THE MISSISSIPPI BOARD OF PHARMACY; TO STIPULATE THE REQUIREMENTS FOR ADVERTISING AND ENTERING INTO A CONTRACT FOR THE SALE, LEASE OR LEASE-PURCHASE OF THE EXISTING BOARD FACILITY; TO AUTHORIZE THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO CORRECT DISCREPANCIES IN THE LEGAL DESCRIPTIONS OF THE REAL PROPERTIES IN THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The Department of Finance and Administration, Bureau of Building, Grounds and Real Property, acting on behalf of the Mississippi Board of Pharmacy, may purchase certain real property and the improvements thereon from a certain owner who is willing to sell the subject property to the State of Mississippi, to be held for the use and benefit of the Mississippi Board of Pharmacy, subject to the requirements of Section 29-1-1. Such property being located in Madison County, Mississippi, and more particularly described as follows:
A certain parcel of land being a part of Lot C6, Highland Park of Ridgeland, Phase One, Part One, a subdivision according to the map or plat thereof, on file and of record in the office of the Chancery Clerk of Madison County at Canton, Mississippi, as now recorded in Plat Cabinet D at Slide 80, and being more particularly described as follows:
Begin at an existing iron pin marking the Northeast corner of the aforesaid Lot C6 and run thence South 00 degrees 03 minutes 47 seconds West along the East line of said Lot C6 for a distance of 126.58 feet to a set iron pin at the edge of existing pavement, run thence South 39 degrees 00 minutes 02 seconds West along said edge of existing pavement for a distance of 32.60 feet to a set iron pin on the South line of said Lot C6; said point also being on the North right-of-way line of Highland Colony Parkway; run thence along said South line of Lot C6 and along said North right-of-way line of Highland Colony Parkway the following bearings and distances:
South 89 degrees 19 minutes 10 seconds West for a distance 14.25 feet to an existing iron pin; South 44 degrees 19 minutes 10 seconds West for a distance of 42.43 feet to an existing iron pin; South 89 degrees 19 minutes 10 seconds West for a distance of 44.51 feet to a set iron pin; leaving said South line of Lot C6 and said North right-of-way line of Highland Colony Parkway, run thence North 20 degrees 18 minutes 10 seconds West for a distance of 255.49 feet to a set iron pin on the northern line of said Lot C6; said point also being on the South right-of-way line of Highland Park Cove; said point further being on the arc of a 114.5916 degree curve bearing to the Left having a central angle of 286 degrees 15 minutes 37 seconds and a radius of 50 feet; run thence along said northern line of Lot C6, along said South right-of-way line of Highland Park Cove and along the arc of said curve an arc length of 35.97 feet to a set iron pin marking the Northwest corner of said Lot C6; said curve having a chord bearing of North 45 degrees 52 minutes 27 seconds East and a chord distance of 35.20 feet; leaving said northern line of Lot C6, said South right-of-way line of Highland Park Cove and the arc of said curve, run thence South 64 degrees 44 minutes 35 seconds East along the North line of said Lot C6 for a distance of 190.52 feet to the POINT OF BEGINNING, containing, 0.74 acres, more or less.
(2) The real property and the improvements thereon, described in subsection (1) of this section, shall be purchased for not more than the current fair market value as determined by the average 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. If the real property and the improvements thereon, described in subsection (1) of this section, have been appraised by a qualified appraiser selected by the Board of Pharmacy as the benefitting entity, then upon agreement with the Department of Finance and Administration, that appraisal shall be accepted to satisfy the requirements of one (1) of the two (2) appraisals required under this subsection. The Department of Finance and Administration is authorized to negotiate all aspects of the purchase and any terms and ancillary agreements pertaining to the purchase as may be reasonably necessary to effectuate the intent and purposes of this section, included but not limited to the following expenses:
(a) Costs associated with the relocation of the Mississippi Board of Pharmacy personnel and equipment;
(b) Costs associated with completing interior construction and renovation, suitable to accommodate the staff and personnel and to facilitate the daily operating functions of the board;
(c) Costs associated with purchasing and installing modular fixtures, equipment and furniture;
(d) Costs associated with installing an adequate heating, ventilation and air conditioning (HVAC) system;
(e) Cost associated with the construction of additional facility work areas to accommodate the staff and personnel and to facilitate the daily operating functions of the board; and
(f) Any other expenses as may be deemed necessary by the board in agreement with the Department of Finance and Administration.
(3) No state general or special funds shall be used by the Department of Finance and Administration or appropriated by the Legislature for the purchase of the property described in subsection (1), nor to contract for any ancillary agreements relating thereto under subsection (2). All expenditures made for the purpose of administering the provisions of this section shall be allocated from funds generated by the Mississippi Board of Pharmacy, or from the proceeds of funds received from the sale or lease, or lease-purchase of the property described in Section 2 of this act.
(4) The Department of Finance and Administration may correct any discrepancies in the legal description provided in this section.
SECTION 2. (1) The Department of Finance and Administration, acting on behalf of the Mississippi Board of Pharmacy, may sell and convey, lease or enter into a lease-purchase agreement for certain state-owned real property which houses the Mississippi Board of Pharmacy as of the effective date of this act located on Key Drive in Madison County, Mississippi, provided that the sale and conveyance, lease or lease-purchase agreement is subject to the requirements of Section 29-1-1 and such other conditions authorized in this section. The property being more particularly described as follows:
Being a part of Lot 2, Key Office Park, Madison, Mississippi, as recorded in Plat Cabinet C on Slide 136, of the Chancery records of Madison County, Mississippi, and being more particularly described as follows:
Begin at a 5/8" iron bar marking the Northeast corner of aforesaid Lot 2 and run thence S 11 degrees 40 minutes 33 seconds W, along the Eastern boundary of said Lot 2, 161.68 feet to the Southeast corner thereof: run thence N 83 degrees 10 minutes 11 seconds W, along the Southern boundary of said Lot 2, 77.75 feet to an iron bar; run thence N 7 degrees 20 minutes 52 seconds E, 35.76 feet to a point on the South face of a brick office building; continue thence N 7 degrees 20 minutes 52 seconds E, along the centerline of a 10 feet wide wall, and the Northerly projections thereof, 46.20 feet; run thence North 7 degrees 37 minutes 08 seconds E, 80.67 feet to the North boundary of aforesaid Lot 2, run thence S 82 degrees 12 minutes 11 seconds E, along the North boundary of said Lot and the South right-of-way line of Key Drive, 89.57 feet to the POINT OF BEGINNING.
(2) (a) The real property and the improvements thereon, described in subsection (1) of this section, shall, if sold, be sold for not less than the current fair market value as determined by the average 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. If the real property and the improvements thereon, described in subsection (1) of this section, are leased under a direct lease or through a lease-purchase agreement, the Department of Finance and Administration is authorized to negotiate all aspects of any lease or lease-purchase agreement and any terms and ancillary agreements pertaining to any lease or lease-purchase agreement as may be reasonably necessary to effectuate the intent and purposes of this section and to ensure a fair and equitable return to the state.
(b) While the Department of Finance and Administration may advertise the availability of the property described in subsection (1) of this section for sale, lease or lease-purchase as deemed appropriate by the department and the Mississippi Board of Pharmacy, the department shall not enter into a contract for the sale, lease or lease-purchase of the property before the purchase of the property described in Section 1 has been completed, except that a provision is included in the sale, lease or lease-purchase contract, which allows the board to remain in occupancy of the facility described in this section until the provisions of Section 1 have been satisfied and the board is able to occupy that property.
(3) All monies derived from the sale, lease or lease-purchase of the property described in this subsection (1) shall be used by the Department of Finance and Administration for the benefit of the Mississippi Board of Pharmacy to offset the expenses associated with the purchase, equipping, furnishing, interior design and any such other actions deemed necessary to acquire the property described in Section 1 of this act and to render it suitable to accommodate the staff and personnel and to facilitate the daily operating functions of the board. Any proceeds received in excess of that which is needed to carry out the provisions of Section 1 of this act shall be deposited into a special fund, to be designated as the Mississippi Board of Pharmacy which is created in the State Treasury. Monies in the special fund shall be disbursed by the Department of Finance and Administration to the Mississippi Board of Pharmacy for the sole benefit of the board. Unexpended amounts remaining in the special fund at the end of the fiscal year shall not lapse into the State General Fund, and any interest earned on the amounts in the special fund shall be deposited to the credit of the special fund.
(4) The property described in subsection (1) of this section shall be sold or leased to result in the highest and best use of the property.
(5) The Department of Finance and Administration may correct any discrepancies in the legal description provided in this section.
SECTION 3. This act shall take effect and be in force from and after its passage.