PRIOR PRINTER'S NOS. 1326, 1516, 1524, PRINTER'S NO. 1652
1583
No. 1097 Session of 1999
INTRODUCED BY HELFRICK, SEPTEMBER 23, 1999
SENATE AMENDMENTS TO HOUSE AMENDMENTS, FEBRUARY 7, 2000
AN ACT
1 Authorizing the Department of General Services, with the
2 approval of the Governor, to sell and convey to Transitional
3 Housing and Care Center of Columbia and Montour Counties
4 certain land and a building, referred to as the Gatehouse,
5 situate on Danville State Hospital, Montour County;
6 authorizing the Department of Transportation, with the
7 approval of the Governor, to sell and convey to the Public
8 Auditorium Authority of Allegheny County certain land situate
9 in the City of Pittsburgh, County of Allegheny, Commonwealth
10 of Pennsylvania; authorizing the Department of General
11 Services, with the approval of the Governor, to grant and
12 convey to Community Services for Children, Inc., certain
13 lands situate in the City of Allentown, Lehigh County;
14 authorizing the Department of General Services, with the
15 approval of the Governor, to grant and convey certain tracts
16 of land situate in the City of Philadelphia, Pennsylvania;
17 and authorizing the transfer and retransfer of a certain <--
18 bridge in Metal Township, Franklin County.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Conveyance at Danville State Hospital, Montour
22 County.
23 (a) Authorization.--The Department of General Services, with
24 the approval of the Governor, is hereby authorized on behalf of
25 the Commonwealth of Pennsylvania to grant and convey to
1 Transitional Housing and Care Center of Columbia and Montour
2 Counties the tract of land and building, referred to as the
3 Gatehouse, described in subsection (b), for fair consideration
4 based on a fair market value as determined by an independent
5 appraisal.
6 (b) Description.--The property to be conveyed pursuant to
7 subsection (a) is the following tract of land and building
8 situate on Danville State Hospital, Montour County bounded and
9 described as follows:
10 BEGINNING at a point on the northerly edge of the macadam on
11 an access road, said point being North 18 degrees 19 minutes 56
12 seconds West 122.66 feet from a point in the centerline
13 intersection of another macadam access road and existing
14 railroad tracks; thence along the northerly edge of the macadam
15 on the first mentioned access road, North 42 degrees 42 minutes
16 48 seconds West, a distance of 650.73 feet to a point; thence
17 passing through a rebar set on line 5.00 feet from the last
18 mentioned corner, North 46 degrees 38 minutes 57 seconds East, a
19 distance of 195.62 feet to a rebar set; thence passing through a
20 rebar set on line 5.00 feet from the next mentioned corner,
21 South 43 degrees 18 minutes 25 seconds East, a distance of
22 332.45 feet to a point on a curve on the westerly edge of the
23 macadam on another access road; thence along the westerly edge
24 of the macadam on said access road and along a curve to the left
25 having a radius of 182.19 feet, arc length of 113.80 feet, delta
26 angle of 35 degrees 47 minutes 20 seconds, a chord bearing of
27 South 14 degrees 24 minutes 38 seconds West, and a chord length
28 of 111.96 feet to a point; thence along the same and along a
29 curve to the left having a radius of 100.32 feet, arc length of
30 57.92 feet, delta angle of 33 degrees 04 minutes 44 seconds, a
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1 chord bearing of South 15 degrees 35 minutes 36 seconds East,
2 and a chord length of 57.12 feet to a point; thence along the
3 same, South 23 degrees 46 minutes 43 seconds East, a distance of
4 120.26 feet to a point; thence along the same, South 24 degrees
5 20 minutes 09 seconds East, a distance of 100.60 feet to a point
6 of curve; thence the same and along a curve to the right having
7 a radius of 4.87 feet, arc length of 9.84 feet, delta angle of
8 115 degrees 51 minutes 53 seconds, a chord bearing of South 49
9 degrees 47 minutes 15 seconds West, a chord length of 8.25 feet
10 to the place of BEGINNING.
11 CONTAINING 2.000 acres of land in all.
12 (c) Easements.--The conveyance shall be made under and
13 subject to any and all easements for utilities which cross said
14 property, including, but not limited to, streets, roadways and
15 rights of any storm sewer, electric service, potable water
16 service and a sanitary sewer lateral, as well as under and
17 subject to any interest, estates or tenancies vested in third
18 persons appearing of record, for any portion of the land or
19 improvements erected thereon.
20 (d) Execution.--The deed of conveyance shall be approved as
21 provided by law and shall be executed by the Secretary of
22 General Services in the name of the Commonwealth of
23 Pennsylvania. In the event this property is not conveyed to
24 Transitional Housing and Care Center of Columbia and Montour
25 Counties within 12 months of the effective date of this act, at
26 the discretion of the Secretary of General Services, the
27 property shall be offered for sale through auction, sealed bid
28 or request for proposal, under the terms of the act of April 9,
29 1929 (P.L.177, No.175), known as The Administrative Code of
30 1929.
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1 (e) Costs.--All other costs and fees, including, but not
2 limited to, appraisal fees, title insurance and surveys,
3 incidental to this conveyance shall be borne by the Grantee.
4 Section 2. Conveyance to Public Auditorium Authority,
5 Allegheny County.
6 (a) Authorization.--The Department of Transportation, with
7 the approval of the Governor and the Federal Highway
8 Administration, is hereby authorized on behalf of the
9 Commonwealth of Pennsylvania to grant and convey to the Public
10 Auditorium Authority of Allegheny County for fair consideration
11 as determined by the Department of Transportation the tract of
12 land described in subsection (b).
13 (b) Description.--The property to be conveyed pursuant to
14 subsection (a) is the following tract of land situate in the
15 21st Ward, City of Pittsburgh, Allegheny County, bounded and
16 described as follows:
17 BEGINNING at a point at the western right of way line of
18 Allegheny Avenue, said point being located south 2 degrees 31
19 minutes 51 seconds West 49.98 feet from Station 1039+56.99 feet
20 at the centerline of the Southbound lane of Legislative Route
21 1039. Thence south 14 degrees 02 minutes 43 seconds East 17.26
22 feet to a point of curvature of the western right of way line of
23 Allegheny Avenue, said line being 32.00 feet from centerline of
24 Allegheny Avenue, the true point of beginning. Thence by a curve
25 bearing to the right with a radius of 1064.60 feet for an arc
26 distance of 156.35 feet to a point of tangency on the western
27 right of way line of Allegheny Avenue. Thence along the western
28 right of way line of Allegheny Avenue, south 05 degrees 37
29 minutes 50 seconds East a distance of 20.57 feet, to a point on
30 the northern right of way line of relocated Reedsdale Street.
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1 Thence along the northern right of way line of Reedsdale Street
2 south 74 degrees 49 minutes 43 seconds West 209.83 feet to a
3 point of curve of a curve bearing to the right with a radius of
4 296.00 feet for an arc distance of 51.61 feet to a point of
5 tangency. Thence south 84 degrees 49 minutes 05 seconds West a
6 distance of 6.64 feet to a point at the intersection of the
7 northern right of way line of Reedsdale Street (relocated) and
8 the eastern line of Walker Street. Thence by the easterly line
9 of Walker Street (a 40 feet right of way) north 14 degrees 04
10 minutes 42 seconds West a distance of 239.73 feet. Thence by a
11 new line, the following five courses and distances: north 84
12 degrees 59 minutes 58 seconds East, a distance of 25.54 feet,
13 south 79 degrees 51 minutes 34 seconds East a distance of 65.41
14 feet, south 88 degrees 20 minutes 15 seconds East a distance of
15 79.40 feet, north 75 degrees 43 minutes 59 seconds East a
16 distance of 80.46 feet and south 87 degrees 37 minutes 24
17 seconds East a distance of 42.33 feet to the point of beginning.
18 Containing an area of 1.30 acres according to a survey by L.
19 Robert Kimball and Associates dated April 29, 1999.
20 This conveyance is comprised of a portion of the property as
21 conveyed to the Commonwealth of Pennsylvania by the Urban
22 Redevelopment Authority of the City of Pittsburgh by deed dated
23 August 24, 1994, and recorded in Deed Book Volume 9930, Page 151
24 in the Recorders Office of Allegheny County.
25 (c) Condition.--Prior to execution of a deed of conveyance,
26 the slope of State Route 65 adjacent to the tract of land
27 described in subsection (b) shall be stabilized and returned to
28 its original condition in a manner acceptable to the Department
29 of Transportation.
30 (d) Easements.--The conveyance shall be made under and
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1 subject to all easements, and rights of others, including, but
2 not confined to, streets, roadways and rights of any telephone,
3 telegraph, cable, water, electric, sewer, gas or pipeline
4 companies, as well as under and subject to any interest, estates
5 or tenancies vested in third persons, whether or not appearing
6 of record, for any portion of the land or improvements erected
7 thereon.
8 (e) Execution.--The deed of conveyance shall be approved as
9 provided by law and shall be executed by the Secretary of
10 General Services in the name of the Commonwealth of
11 Pennsylvania.
12 (f) Costs.--All other costs and fees, including, but not
13 limited to, appraisal fees, title insurance and surveys
14 incidental to this conveyance, shall be borne by the grantee.
15 (g) Disposition of proceeds.--Revenue from the sale
16 authorized by this section shall be deposited in the Motor
17 License Fund.
18 Section 3. Conveyance at Allentown State Hospital, Lehigh
19 County.
20 (a) Authorization.--The Department of General Services, with
21 the approval of the Governor, is hereby authorized on behalf of
22 the Commonwealth of Pennsylvania to grant and convey to
23 Community Services for Children, Inc., certain land and
24 buildings situate on the grounds of Allentown State Hospital
25 described in subsection (b) for $225,000.
26 (b) Description.--The property to be conveyed pursuant to
27 subsection (a) consists of approximately 8.9395 acres and three
28 buildings bounded and more particularly described as follows:
29 Beginning at a concrete monument on the southerly right-of-
30 way of East Gordon Street, said point also being South 83
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1 degrees 33 minutes 0 seconds West 319.50 feet from the easterly
2 right-of-way of North Oswego Street.
3 Thence South 0 degrees 26 minutes 0 seconds East 251.70 feet
4 along the line of a previously leased lot to Lehigh County
5 Housing Authority to a point. Said point is the new place of
6 beginning for this subdivided lot.
7 Thence along a line in the lease agreement with Lehigh County
8 Housing Authority North 84 degrees 50 minutes 18 seconds East
9 275.59 feet to a point. Said point is along the western edge of
10 an interior road in the lands of Allentown State Hospital.
11 Thence the following courses and distances along the interior
12 road:
13 South 5 degrees 57 minutes 6 seconds East 258.86 feet to a
14 point,
15 South 77 degrees 23 minutes 2 seconds West 49.78 feet to a
16 point,
17 South 12 degrees 8 minutes 20 seconds East 35.10 feet to a
18 point,
19 North 77 degrees 14 minutes 47 seconds East 45.76 feet to a
20 point,
21 South 5 degrees 57 minutes 6 seconds East 78.53 feet to a
22 point,
23 North 84 degrees 20 minutes 45 seconds East 6.68 feet to a
24 point,
25 South 4 degrees 49 minutes 4 seconds East 223.37 feet to a
26 point,
27 South 85 degrees 12 minutes 45 seconds West 56.41 feet to a
28 point,
29 South 4 degrees 50 minutes 24 seconds East 35.42 feet to a
30 point,
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1 North 84 degrees 52 minutes 44 seconds East 56.39 feet to a
2 point,
3 South 4 degrees 50 minutes 36 seconds East 41.34 feet to a
4 point,
5 South 35 degrees 19 minutes 13 seconds West 77.17 feet to a
6 point,
7 South 11 degrees 35 minutes 22 seconds West 18.41 feet to a
8 point,
9 South 6 degrees 6 minutes 13 seconds East 48.78 feet to a
10 point. Said point is also a corner in the parking lot that abuts
11 the aforementioned road.
12 Thence the following two courses and distances along the
13 remaining lands of the Allentown State Hospital:
14 South 84 degrees 4 minutes 12 seconds West 264.92 feet to a
15 point,
16 South 78 degrees 56 minutes 1 second West 333.01 feet to a
17 point. Said point also being on the easterly right-of-way of
18 North Maxwell Street.
19 Thence along the easterly right-of-way of North Maxwell
20 Street North 6 degrees 9 minutes 0 seconds West 452.15 feet to a
21 point.
22 Thence along a line in the property of Badev Sharma, North 83
23 degrees 3 minutes 0 seconds East 342.34 feet to a point,
24 Thence still along the lands of Badev Sharma, North 0 degrees
25 26 minutes 0 seconds West 373.75 feet to a point, the
26 aforementioned new place of beginning.
27 Less and excepting to the Grantor all above ground or
28 subterranean utilities which serve Allentown State Hospital and
29 ingress, egress and regress to said utilities.
30 Containing 8.9395 acres, more or less.
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1 (c) Easements.--
2 (1) The Department of General Services is authorized to
3 grant any necessary access/utility easements to the Grantee
4 for the efficient operation and maintenance of the facilities
5 being conveyed.
6 (2) The conveyance shall be made under and subject to
7 all lawful and enforceable easements, servitudes and rights
8 of others, including, but not confined to, streets, roadways
9 and rights of any telephone, telegraph, water, electric, gas
10 or pipeline companies, as well as under and subject to any
11 lawful and enforceable estates or tenancies vested in third
12 persons appearing of record, for any portion of the land or
13 improvements erected thereon.
14 (d) Execution.--The deed of conveyance shall be by Special
15 Warranty Deed and shall be executed by the Secretary of General
16 Services in the name of the Commonwealth of Pennsylvania.
17 (e) Costs.--Costs and fees incidental to this conveyance
18 shall be borne by the Grantee.
19 (f) Conditions of conveyance.--
20 (1) In the event that this conveyance is not executed
21 within 18 months of the effective date of this act, the
22 property may be disposed of in accordance with Article 2405-A
23 of the act of April 9, 1929 (P.L.177, No.175), known as The
24 Administrative Code of 1929.
25 (2) The conveyance shall be conditioned on the Grantee's
26 meeting and insuring that the requirements of the
27 Commonwealth are met as described in an agreement of sale to
28 be executed by the Department of General Services.
29 Section 4. Conveyance of certain tracts in City of
30 Philadelphia.
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1 (a) The Department of General Services, with the approval of
2 the Governor, is hereby authorized and directed on behalf of the
3 Commonwealth of Pennsylvania to grant and convey the following
4 tracts of land situate in the City of Philadelphia,
5 Pennsylvania, more particularly bounded and described as
6 follows:
7 TRACT NO. 1
8 Beginning at a point of intersection of the northeasterly
9 side of Southampton Road (60 feet wide) and the northwesterly
10 side of Roosevelt Boulevard (254 feet wide - S.R. 0001); thence
11 along the northeasterly side of Southampton Road North 42
12 degrees 54 minutes 40 seconds West, a distance of 200.031 feet
13 to a point; thence by a line being 200.00 feet northwest and
14 parallel with Roosevelt Boulevard along lands of the
15 Philadelphia State Hospital North 48 degrees 05 minutes 49
16 seconds East a distance of 2370.634 feet to a point common to
17 lands of the Philadelphia State Hospital and other lands of
18 Benjamin Rush State Park; thence along other lands of Benjamin
19 Rush State Park South 86 degrees 45 minutes 07 seconds East a
20 distance of 282.100 feet to the northwesterly side of Roosevelt
21 Boulevard; thence by the same South 48 degrees 05 minutes 49
22 seconds West a distance of 2566.065 feet to a point at the
23 intersection of the northeasterly side of Southampton Road with
24 the northwesterly side of Roosevelt Boulevard place of
25 beginning.
26 Containing 11.3331 acres of land.
27 TRACT NO. 2
28 Beginning at a point on the southeasterly side of Carter Road
29 (46.5 feet wide), said corner being further defined as being
30 North 41 degrees 04 minutes 22 seconds East a distance of
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1 1142.357 feet from the intersection of the Southeasterly side of
2 Carter Road with the northeasterly side of Southampton Road;
3 thence from said point of beginning along the Southeasterly side
4 of said Carter Road North 41 degrees 04 minutes 22 seconds East,
5 a distance of 261.028 feet to a point; thence by same North 46
6 degrees 06 minutes 32 seconds East, a distance of 929.351 feet
7 to a point on the southeasterly side of Carter Road and being a
8 corner of other lands of Benjamin Rush State Park; thence by
9 said other lands of Benjamin Rush State Park South 43 degrees 39
10 minutes 11 seconds East, a distance of 201.605 feet to a point
11 common to other lands of Benjamin Rush State Park and lands of
12 the Philadelphia State Hospital; thence by lands of said
13 Philadelphia State Hospital South 46 degrees 06 minutes 32
14 seconds West 919.647 feet to a point; thence by same South 41
15 degrees 04 minutes 22 seconds West, a distance of 277.530 feet
16 to a point; thence by same North 41 degrees 41 minutes 49
17 seconds West a distance of 201.603 feet to a point on the
18 southeasterly side of Carter Road, place of beginning.
19 Containing 5.5199 acres of land.
20 TRACT NO. 3
21 Beginning at a point on the Southeasterly side of an access
22 road between the West units and North units of the Philadelphia
23 State Hospital Complex being a common corner of lands of said
24 Philadelphia State Hospital and lands of Benjamin Rush State
25 Park, said point of beginning also being the following two (2)
26 courses and distances from the Northeast corner of Tract No. 1
27 previously described herein: (1) North 86 degrees 54 minutes 11
28 seconds West, a distance of 159.687 feet to a point and (2)
29 North 41 degrees 54 minutes 11 seconds West, a distance of
30 382.747 feet to place of beginning; thence by lands of the
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1 Philadelphia State Hospital North 41 degrees 54 minutes 11
2 seconds West 141.421 feet to a point; thence by the same North
3 03 degrees 05 minutes 49 seconds East, a distance of 159.687
4 feet to a point; thence by the same North 48 degrees 05 minutes
5 49 seconds East, a distance of 141.421 feet to a point common to
6 lands of the Philadelphia State Hospital and other lands of
7 Benjamin Rush State Park; thence by other lands of Benjamin Rush
8 State Park South 03 degrees 05 minutes 49 seconds West, a
9 distance of 359.687 feet to a point, the place of beginning.
10 Containing 0.5961 acre of land.
11 (b) The three tracts or parts thereof may be offered
12 together or separately.
13 (c) Notwithstanding the provisions of Article XXIV-A of the
14 act of April 9, 1929 (P.L.177, No.175), known as The
15 Administrative Code of 1929, the Department of General Services
16 shall, through sealed bids, auction or request for proposal,
17 select the purchaser of the tracts and sell the property.
18 Acceptance of an offer shall be subject to a minimum price
19 requirement as established by the Department of General Services
20 which shall be within a range of fair market value as
21 established through independent appraisal. Proposals submitted
22 in response to a request for proposal must demonstrate a value
23 to the Commonwealth equivalent to the fair market value range as
24 established by the Department of General Services through
25 independent appraisal. In establishing the value equivalent, the
26 Department of General Services shall consider the following
27 factors: actual monetary consideration, creation of construction
28 jobs, creation of permanent jobs, expansion of local tax base,
29 economic growth, community development, highest and best use and
30 public purpose.
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1 (d) The conveyance shall be made under and subject to all
2 easements, servitudes and rights of others, including, but not
3 confined to, streets, roadways and rights of telephone,
4 telegraph, water, electric, sewer, gas or pipeline companies, as
5 well as under and subject to any interest, estates or tenancies
6 vested in third persons, appearing of record, for any portion of
7 the land or improvements erected thereon.
8 (e) The deed of conveyance shall be approved as provided by
9 law and shall be executed by the Secretary of General Services
10 in the name of the Commonwealth of Pennsylvania.
11 (f) Prior to execution of a deed of conveyance the <--
12 Department of General Services shall demolish all buildings
13 located on the following tract of land situate in the Fifty-
14 eighth Ward of the City of Philadelphia, more particularly
15 bounded and described as follows:
16 BEGINNING at a point on the southwesterly side of Southampton
17 road (sixty feet wide) the two following courses and distances
18 from the northwesterly side of The Roosevelt boulevard (two
19 hundred fifty-four feet wide): (1) north forty-two degrees
20 fifty-four minutes forty seconds west along the southwesterly
21 side of said Southampton road the distance of eight hundred
22 seventy-three and three hundred thirty-five feet to an angle
23 point; and (2) north forty-five degrees six minutes forty
24 seconds west along the southwesterly side of said Southampton
25 road the distance of two hundred six and one hundred sixty-eight
26 one-thousandths feet to said beginning point; thence extending
27 south forty-eight degrees forty-six minutes fifty seconds west
28 the distance of nine hundred seventy-one and sixty-nine one-
29 thousandths feet to a point; thence extending north forty-four
30 degrees forty-six minutes fifty-four seconds west the distance
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1 of nine hundred fifty-seven and four hundred seventy-four one-
2 thousandths feet to a point; thence extending north forty-three
3 degrees nine minutes one second east the distance of nine
4 hundred fifty-nine and seven hundred sixty-seven one-thousandths
5 feet to a point on the southwesterly side of said Southampton
6 road; thence extending south fifty-four degrees ten minutes
7 eight seconds east along the southwesterly side of said
8 Southampton road the distance of twenty-five and four hundred
9 one-thousandths feet to an angle point; thence extending south
10 forty-five degrees six minutes forty seconds east along the
11 southwesterly side of said Southampton road the distance of one
12 thousand twenty-seven and four hundred one one-thousandths feet
13 to a point, being the first mentioned point and place of
14 beginning.
15 CONTAINING in area nine hundred seventy thousand nine hundred
16 thirty-eight square feet or twenty-two and two thousand eight
17 hundred seventy-four ten-thousandths acres.
18 (g) (F) The cost and fees incurred by the Department of <--
19 General Services for preparing the property for sale, including,
20 but not limited to, environmental assessments, marketing
21 services, title searches, advertising, appraisals, auctioneer
22 fees and surveys, shall be deducted from the purchase price, and
23 that amount shall be an executively authorized augmentation to
24 the appropriation from which the costs and fees were paid by the
25 department.
26 (h) The tracts and parcels of land described in this act and <--
27 (G) THE TRACTS AND PARCELS OF LAND DESCRIBED IN THIS SECTION <--
28 AND the jurisdiction and control over the same herein authorized
29 to be transferred shall be transferred free and clear of any
30 limitations or rights of reversion more particularly set forth
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1 in section 1 of the act of September 29, 1938 (Sp.Sess., P.L.53,
2 No.21), entitled "An act relating to institutions of counties,
3 cities, wards, boroughs, townships, institution districts and
4 other political subdivisions, for the care, maintenance, and
5 treatment of mental patients; providing for the transfer to the
6 Commonwealth for the care, maintenance and treatment of mental
7 patients of such institutions, and all grounds, lands, buildings
8 and personal property of such political subdivisions used for
9 the care and maintenance of indigent persons connected with such
10 mental institutions; providing for the management and operation
11 or closing and abandonment thereof; and the maintenance of
12 mental patients therein; including the collection of maintenance
13 in certain cases; providing for the retransfer of certain
14 property to counties, cities, wards, boroughs, townships,
15 institution districts and other political subdivisions under
16 certain circumstances; conferring and imposing upon the
17 Governor, the Department of Welfare, the courts of common pleas
18 and counties, cities, wards, boroughs, townships, institution
19 districts and other political subdivisions certain powers and
20 duties; prohibiting cities, counties, wards, boroughs,
21 townships, institution districts and other political
22 subdivisions from maintaining and operating institutions, in
23 whole or in part, for the care and treatment of mental patients;
24 and repealing inconsistent laws."
25 Section 5. Transfer of bridge.
26 (a) Temporary transfer.--Except as provided in subsection <--
27 (b), the Department of Transportation shall assume jurisdiction
28 THE DEPARTMENT OF TRANSPORTATION SHALL ASSUME JURISDICTION of <--
29 and responsibility for maintenance of County Bridge No. 116 on
30 State Route 4004 in Metal Township, Franklin County and shall
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1 restore that bridge to sound condition.
2 (b) Retransfer of bridge.--Upon completion of repairs to <--
3 County Bridge No. 116, the Department of Transportation shall
4 transfer jurisdiction of and responsibility for maintenance of
5 that bridge to Franklin County.
6 Section 6. Effective date.
7 This act shall take effect immediately.
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