1? 0. Box 1850 / Jackson, Mississippi / Telephone (601) / FAX (601) /

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1 Belinda L. McG.I.v.th Interim Eiecittive Director/ Chief Engineer Jackie Duckworth Deputy Executive Director/ Administration Mill MISSISSIPPI DEPARTMENT OF TRANSPORTATION Charles R. Carr Director Office of Intermodal Planning Willie Huff Director Office of Enforcement 1? 0. Box 1850 / Jackson, Mississippi / Telephone (601) / FAX (601) / TO: FROM: Roy M. Tipton Rodney M. Love DATE: November 4, 2011 RE: Recreational District Formation Under the National Trails System Act, 16 U.S.C. 1247(d), a Rails-To-Trails Recreational District may be established for the purpose of utilizing available railroad rights-of-way as public recreational trails or interim trails to preserve a rail corridor for possible future use. Guidelines for establishing a Rails-To-Trails Recreational District are outline in through of the Mississippi Code Annotated (1972). Section through , along with a sample resolution and essential documents necessary to establish a Rails-To-Trails Recreational District are attached and listed below. Section Rails-To-Trails Recreational District Establishment. Section Board of directors; compensation, membership, oath. Section Powers of board of directors. Section Rules and regulations; recreational facility to constitute public highway; municipal enforcement. Section Support and maintenance tax. Section Disbursement of tax proceeds to district. Section Authority to accept funding from any source. Section Deposit of funds in bank within county. Section Joining existing district; counties, municipalities. Sample Resolution, Sample Interlocal Agreement, EN Letter and Application, State Tax Exemption, Public Depositor Annual Report, and IRS SS-4 Form. For more detailed information, see the attachments. For electronic copies of the attached documents, please contact Rodney M. Love at (601) or rlove@rndotstate.ms.us. RML: Attachments LAODNEY1Rails to Trailaecreational District Forination.docx

2 I.;. MS ST Page 1 of 1 Miss. Code Ann West's Annotated Mississippi Code Currentness Title 55. Parks and Recreation PI Chapter 25. Rails-To-Trails Recreational District NO Rails-To-Trails Recreational District established (1) The board of supervisors of one or more counties and the governing authorities of one or more municipalities located within participating counties are hereby authorized to act jointly in the establishment of a Rails-To-Trails Recreational District (hereinafter in this chapter "district") by spreading upon their minutes a resolution establishing such a district. The boundaries of the district shall be defined by a general description in the resolution. (2) A district shall be established for the purpose of utilizing available railroad rights-of-way as public recreational trails or as interim trails for rail banking as set forth in Section 8(d) of the National Trails Systems Act (16 U.S.C. 1247(d)), and a district may acquire by gift or purchase, title to or any lesser interest in, such available railroad right-of-way. (3) Districts may by gift or purchase acquire title to, or any lesser interest in, any areas abutting the rights-of-way of acquired railroad rights-of-way which are or may be needed for the construction of trail-user support facilities. Easements and rights-of-way upon, over, under, along or across any land the fee title of which has been acquired by a district for a trail project may be granted by such district so long as the use of the easement or right-of-way does not interfere with the use of the land as a trails project and only after such grant shall have been first approved by the counties and municipalities participating in the district. (4) A district may accept funds from any source, public or private, for the purpose of acquiring lands and planning, constructing, operating and maintaining trails under the provisions of this chapter. Districts may also execute contractual agreements with the Department of Wildlife, Fisheries and Parks or with any existing water district having jurisdiction in the counties or parts of counties comprising a district by which the department or water district will assume responsibility for the operation and maintenance of a trail developed under this chapter. CREDIT(S) Laws 1994, Ch. 574, 1, eff. from and after passage (approved April 7, 1994). CROSS REFERENCES Department of wildlife, fisheries and parks, duties, see LIBRARY REFERENCES Counties c21.5. WESTLAW Topic No. 104, C.J.S. Counties 40. Miss. Code Ann , MS ST Current through End of 2011 Regular Session. (C) 2011 Thomson Reuters. No Claim to Orig. US Gov. Works. END OF DOCUMENT littp ://web2. we stlaw.c om/result/documenttext. aspx?fn--- top&rp=%2ff ind%2 fde fault. wl &c... 11/6/2011

3 1 [Lb Miss. Code Ann West's Annotated Mississippi Code Currentness Title 55. Parks and Recreation '11 Chapter 25. Rails-To-Trails Recreational District wi Board of directors; compensation, membership, oath (1) A district shall be governed by a board of directors who shall be appointed as follows: the governing authorities of each participating county and each participating municipality shall appoint one (1) resident of its jurisdiction as its member of the board. The term of each member shall coincide with that of the appointing official, so that after the initial appointments, terms shall be for a period of four (4) years. (2) Each director shall, before a chancery clerk, take and subscribe to the general oath of office required by Section 268 of the Constitution of the State of Mississippi, and the oath shall be filed with such clerk and by him preserved. (3) If compensation is paid to any member of the board of directors, it shall be paid by the district from any funds available. In no event shall such compensation exceed the sum of Twenty-two Dollars and Fifty Cents ($22.50) per day. CREDIT(S) Laws 1994, Ch. 574, 2, eff. from and after passage (approved April 7, 1994), Miss. Code Ann , MS ST Current through End of 2011 Regular Session. (C) 2011 Thomson Reuters. No Claim to Orig. US Gov. Works. END OF DOCUMENT (c) 2011 Thomson Reuters. No Claim to Orig. US Gov. Works http ://web2.westlaw.corniresult/documenttextaspx?ss=cnt&db= &mt=60&disr... 10/31/2011

4 MS ST Page 1 of 1 Miss. Code Ann West's Annotated Mississippi Code Currentness Title 55. Parks and Recreation 'A Chapter 25. Rails-To-Trails Recreational District Powers of board of directors Any rails-to-trails recreational district, through its board of directors, is hereby empowered: (a) To establish rules and regulations for the use of the recreational facilities of the district; (b) To apply for and accept grants from the United States of America, or from any corporation or agency created or designated by the United States of America, and to ratify and accept applications therefor made by voluntary associations to such agencies for grants to construct, maintain or operate any project or projects which hereafter may be undertaken or contemplated by such district; (c) To do any and all other acts or things necessary, requisite or convenient to the exercising of the powers, rights, privileges or functions conferred upon it by this chapter or by any act of law; (d) To employ such persons as are necessary to perform the services required of the district; (e) To enter into agreements and execute contracts necessary or convenient to the exercise of the powers, rights, privileges and functions conferred upon it by this chapter; (f) To develop, operate, maintain and support a recreational facility for hikers, bikers, horsemen or others on and along railroad rights-of-way acquired for that purpose and for the use and enjoyment of the general public; and (g) To sue and be sued. CREDIT(S) Laws 1994, Ch. 574, 5 3, eff. from and after passage (approved April 7, 1994). CROSS REFERENCES Wildlife, Fisheries and Parks Department, authority to enter Into operation and maintenance agreements with districts, see LIBRARY REFERENCES Counties (22. WESTLAW Topic No C.J.S. Counties 41 to 42. Miss. Code Ann , MS ST Current through End of 2011 Regular Session. (C) 2011 Thomson Reuters. No Claim to Orig. US Gov. Works. END OF DOCUMENT http ://web2.westlaw. com/result/documenftext. aspx?fn=_top&rp %2fFind%2fde fault. wl &c... 11/6/2011

5 project number ED-01 Kenneth Thompson Builders - $ 75, Janet Caulder 19. Claims Approval Percy Haywood Hospital Board appointment expires Dec. 2011, Nov Maintenance Inspection 10:00 am November 11 - Veterans Day ( State Holiday), Courthouses will be closed in observance Nov. 21 between 6-7 pm, Congressman Alan Nunnelee Town Hall Meeting Water Valley Courthouse December 13, County Employee Christmas Dinner Nov. 7, 2011, All 4 except Butch absent, John, Amy, Linda, Lance, Jack Gurner, Janet Caulder, Lee McMinn, Bob Tyler, Karl Grubb, Ann Morgan ans associate, Larry Hart 1. ' Motion to enter closed determination - 1. tv 2. ft 4/0 Butch absent - to discuss John retirement and rail road, ms skuna valley rails for trails. In executive session meeting was Roy Tipton with AG office and a Mr. Rodney Love with AG office. Larry Hart present and Linda Shuffield partially 2. Motion to enter executive session 1. ft 2. gs 4/0 Roy Tipton = MDOT AG office attorney discussion held about proposed ms skuna valley railroad abandonment, current owners of rail road? ( didn't get company name) wants to scrap rails and donate property to county to be used for trail system for recreational purposes. $2,000, tax write off for company. County must agree to set up rails for trails district, be legally responsible for liability on property. Approx. 20 miles of roadway. 30' to 50' of right of way from centerline. Not getting fee simple title, just easement. Recommended setting up rails for trails with Calhoun County. Advised Bos to sit back and watch the Tanglefoot trail, dvelopment and progress, county can activate and deactivate the rail at any time. NO ACTION TOOK PLACE 4. Motion to exit executive session - 1. tv 2. gs 4/0 Butch absent 5. Minutes read and approved 1. ft 2. gs 4/0 6. Coroner requested travel and prepayment of registration of $ / each Ronnie and Debbie Jackson to attend Coroner Recertification Class, in Jackson, Nov 17, meals and mileage sponsored by the Department of Public Safety 1. tv 2. ft 4/0 7. Reappointment of Mary Alice Moorman effective Jan to January 2015 to the NWCC Board of Trustees as well as Sammy Higdon to same board from January, 2012 to as 2. tv 4/0 8. Reappointment of Ethel Jenkins to the Central Mississippi Inc. Board, august 2011 to August gs 2. ft 4/0 9. Election Commissioners to seminar ( see agenda above for details) 1. as 2. ft 4/0 10. Approval of AT&T permit to construct in county row on CR 211, 216 and gs 3. ft 4/0 11. Dist 2 - employee raise to $ / mo effective Nov. 1, as 2. gs 4/0

WHEELING CREEK WATERSHED PROTECTION AND FLOOD PREVENTION DISTRICT COMPACT

The following Wheeling Creek Watershed Protection and Flood Prevention District Compact, which has been negotiated by representatives of the Commonwealth of Pennsylvania and the State of West Virginia,