Bill Text: MS HB885 | 2016 | Regular Session | Engrossed
Bill Title: Jackson State University property; authorize long-term lease of for student housing.
Spectrum: Slight Partisan Bill (Democrat 6-1-1)
Status: (Failed) 2016-03-22 - Died In Committee [HB885 Detail]
Download: Mississippi-2016-HB885-Engrossed.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Public Property
By: Representatives Cockerham, Weathersby, Bell (65th), Holloway, Karriem, Dixon, Hines, Sykes
House Bill 885
(As Passed the House)
AN ACT TO AUTHORIZE JACKSON STATE UNIVERSITY, WITH THE APPROVAL OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING, TO ENTER INTO A LONG-TERM MANAGEMENT AND MAINTENANCE AGREEMENT WITH A PRIVATE ENTITY; TO AUTHORIZE JACKSON STATE UNIVERSITY, WITH THE APPROVAL OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING, TO ENTER INTO A GROUND LEASE TO LEASE THE PROPERTY ON WHICH THE BUILDINGS KNOWN AS THE "STEWART HALL BUILDING" AND THE "UNIVERSITY POINTE BUILDING" ARE LOCATED TO A PRIVATE ENTITY; TO AUTHORIZE JACKSON STATE UNIVERSITY, WITH THE APPROVAL OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING, TO LEASE A CERTAIN PORTION OF ITS PROPERTY FOR STUDENT HOUSING; TO PROVIDE THAT ANY AGREEMENT AND CONTRACT AUTHORIZED IN THIS ACT SHALL BE SUBJECT TO THE APPROVAL OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING; TO PROVIDE ADDITIONAL TERMS AND CONDITIONS FOR THE AGREEMENTS AND CONTRACTS AUTHORIZED IN THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
Section 1. (1) (a) Jackson State University, with the approval of the Board of Trustees of State Institutions of Higher Learning, is authorized to enter into an agreement to lease part of its real property to the entity selected in the invitation to the negotiation process conducted by Jackson State University for student housing for a term of no more than forty (40) years. The property is located in the City of Jackson, Hinds County, Mississippi, and is more particularly described as follows:
Starting at Lynch Street from the northeast corner at Poindexter Street North along the east side of Poindexter Street to the Robert Smith Parkway. Property south of the Robert Smith Parkway going east along the Robert Smith Parkway to the roundabout. Property west of the roundabout moving south through the roundabout connecting at University BLVD and then all property west of University BLVD south to Lynch Street. Then property north of Lynch Street moving west along Lynch Street to the northeast corner of Poindexter Street at Lynch Street.
Such property being more particularly described as follows:
Parcel number 144-40-1. 60 ft. S/End W1/2 Lot 6 Block 18, OLIN survey parcel number 144-40-1 734 W Pascagoula Street.
Parcel number 144-28-2. 94.5 ft. N and S X 51.5 ft. E and W BEG 120 FT E and 94.5 ft N INT E/L Poindexter Street and N/L Pascagoula Street Pt Lots 6 and 7 Block 17 Olin Survey.
Parcel number 144-95. Lot 13 Block C Beards RESURVEY. Parcel number 144-135. Lots 32 and 33, Block D, BEARDS Resurvey, a subdivision according to a map or plat on file of record in the office of the Chancery Clerk of Hinds County at Jackson, Mississippi, in Plat Book 3 at page 73 thereof, reference to which is hereby made in aid of and as a part of this description, said property also being Hinds County Tax Parcel No. 144-135.
(b) The lease and any amendments to same shall be subject to approval of the Board of Trustees of State Institutions of Higher Learning. The approved lease and any amendments to the lease shall not be voidable by successor Boards of Trustees of State Institution of Higher Learning.
(2) (a) Jackson State University is authorized to enter into a ground lease with a private entity, its successors and assigns for an initial term up to forty (40) years to lease the property on which the buildings designated as the "Stewart Hall Building" and the "University Pointe Building" are located together with appurtenances thereto for the purposes of the private entity's renovation, furnishing, maintenance, equipping and operation of those buildings. The Stewart Hall Building and the University Pointe Building are located on the campus of Jackson State University in Jackson, Mississippi.
(b) The ground lease may include an option to renew the ground lease for no more than two (2) additional lease terms of five (5) years each.
(c) The ground lease and any amendments to the ground lease shall be subject to the approval of the Board of Trustees of State Institutions of Higher Learning. The approved ground lease and any amendments to the ground lease shall not be cancelled by successor Boards of Trustees of State Institutions of Higher Learning based on the binding successor doctrine.
(3) (a) Jackson State University is authorized to enter into management and maintenance agreements with a private entity, its successors and assigns for an initial term up to forty (40) years related to the ownership, leasing, renovating, development, construction, furnishing, maintenance, equipping and/or operation of auxiliary facilities by the private entity for the housing of students, faculty, staff and visitors within such auxiliary facilities located within and outside the campus of Jackson State University.
(b) Each management and maintenance agreement may include an option to renew the agreement for two (2) additional terms of five (5) years each.
(c) The management and maintenance agreements and any amendments to the agreements shall be subject to the approval of the Board of Trustees of State Institutions of Higher Learning. The approved management and maintenance agreements and any amendments to the agreements shall not be voided by successor Boards of Trustees of State Institutions of Higher Learning based on the binding successor doctrine.
(4) (a) Before entering into or awarding any management and maintenance agreement, ground lease or lease contract under this section, the Board of Trustees of State Institutions of Higher Learning shall require Jackson State University to select and submit three (3) proposals to the board. Thereupon, the board shall approve one (1) project manager, who shall be paid by Jackson State University from any funds available to the University. The manager, under the direction of Jackson State University, shall prepare complete plans and specifications for the facility or facilities desired to be constructed or renovated on the leased property.
(b) At the time of the awarding of any management and maintenance agreement, ground lease or lease contract, the successful bidder shall enter into bond with sufficient sureties, to be approved by the board, in such penalty as may be fixed by the board, but in no case to be less than the estimated gross construction or renovation cost of the facility to be constructed or renovated as estimated by the board, conditioned for the prompt, proper and efficient performance of the agreement or lease. The bond shall be made by an authorized corporate surety bonding company. The bid security herein provided for shall be forfeited if the successful bidder fails to enter into the agreement or lease contract and commence construction or renovation within the time limitation set forth in the notice. At such time, and simultaneously with the signing of the contract, the successful bidder shall deposit a sum of money, in cash or certified or cashier's check, not less than the bid security previously deposited as bid security to reimburse Jackson State University for all sums expended by it for any expenditures of the board and Jackson State University connected with the bidded management and maintenance agreements and lease contracts, of which such other anticipated expenditures notice is to be given to bidder in the notice. The bid security posted by an unsuccessful bidder shall be refunded to him.
(5) All proceeds derived or received from the agreements and leases entered into under this section shall be deposited into a special fund and expended only for the use and benefit of Jackson State University.
(6) At the end of the lease term provided in this act, the property leased under the authority provided herein shall revert to the Board of Trustees of State Institutions of Higher Learning for the use and benefit of Jackson State University.
(7) The State of Mississippi shall retain all mineral rights to the real property leased under this section.
(8) The Department of Finance and Administration is authorized to correct any discrepancies in the property described in this section.
Section 2. This act shall take effect and be in force from and after its passage.
