Bill Text: MS HB919 | 2017 | Regular Session | Enrolled


Bill Title: Delta State University; authorize to enter into a long-term lease for specified purposes.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2017-03-21 - Approved by Governor [HB919 Detail]

Download: Mississippi-2017-HB919-Enrolled.html

MISSISSIPPI LEGISLATURE

2017 Regular Session

To: Universities and Colleges

By: Representatives Hudson, Paden, Gibbs (72nd)

House Bill 919

(As Sent to Governor)

AN ACT TO AUTHORIZE DELTA STATE UNIVERSITY, WITH THE APPROVAL OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING, TO LEASE A CERTAIN PORTION OF ITS PROPERTY LOCATED IN THE CITY OF CLEVELAND, BOLIVAR COUNTY, MISSISSIPPI, FOR A TERM OF NO MORE THAN 40 YEARS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  (1)  Delta State University, with the approval of the Board of Trustees of State Institutions of Higher Learning, is authorized to enter into an agreement, or agreements, to lease a part of its real property to an entity, or entities,

selected in an RFP process conducted by Delta State University

for a term of no more than forty (40) years.  The property is

located in the City of Cleveland, Bolivar County, Mississippi,

and is more particularly described as follows:

55 acres that is currently improved with a 9-hole golf

course property known as Derrall Foreman Golf Course.  It is located on the Delta State University Campus at 1003 West Sunflower Road, Cleveland, Bolivar County, Mississippi.  It is identified by the Bolivar County Courthouse as follows, Part of SE 1/4, Section 17, Township 22, Range 5, Cleveland, Bolivar County, Mississippi.

     (2)  The lease may include one (1) option to renew for a renewal period not to exceed ten (10) years, with the option to renew being in the sole discretion of the lessor.

     (3)  The lease of the real property described in subsection

(1) of this section shall consist of mixed-use development

improvements, which may contain:

          (a)  A multipurpose conference center;

          (b)  A hotel, lodging or other commercial accommodation;

          (c)  Residential houses/apartment homes.  The faculty, staff and student body of Delta State University shall have the right of first offer for the residential houses/apartment homes

developed within the leased area before being made available to

the public;

          (d)  Surface parking;

          (e)  Landscaping and green space buffers;

          (f)  An executive par-three golf course; and

          (g)  A walking/fitness trail.

     (4)  The lease and any amendments to the lease of all or any

portion of the real property authorized for lease under

subsection (1) of this section shall be subject to the

approval of the Board of Trustees of State Institutions of

Higher Learning.  The approved lease and any amendments to the

lease shall not be cancelled by successor boards based on the

binding successor doctrine.

     (5)  All proceeds derived or received from all leases

entered into under this section shall be deposited in a special

fund for the use and benefit of Delta State University.

     (6)  If all or any portion of the property described in

subsection (1) of this section is leased, Delta State

University, with the approval of the Board of Trustees of State

Institutions of Higher Learning, is authorized to negotiate all

aspects of any lease and any terms of ancillary agreements

pertaining to any lease 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.

     (7)  At the end of the lease term provided in this act, the

property leased under the authority provided herein shall revert

to Delta State University.

     (8)  The State of Mississippi shall retain all mineral

rights in the real property leased under this section.

     (9)  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.

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