1997 Regular Session
By: Senator(s) Bryan, Minor, Smith, Thames
Senate Bill 3178
(As Passed the Senate)
AN ACT TO AUTHORIZE THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE STATE OF MISSISSIPPI FOR THE PURPOSE OF CAPITAL IMPROVEMENTS FOR THE CAPITOL COMPLEX AND CERTAIN OTHER CAPITOL FACILITIES, AND FOR THE PURCHASE OF THE EDWARDS HOUSE PROPERTY AND THE MISSISSIPPI COLLEGE SCHOOL OF LAW PROPERTY UNDER CERTAIN CIRCUMSTANCES; TO AUTHORIZE THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO CHARGE RENT TO ANY STATE AGENCY OCCUPYING SUCH PROPERTY IN AN AMOUNT ADEQUATE TO RETIRE THE BONDS ISSUED OR OTHER DEBT INCURRED PURSUANT TO THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. As used in this act, the following words shall have the meanings ascribed herein unless the context clearly requires otherwise:
(a) "Accreted value" of any bonds means, as of any date of computation, an amount equal to the sum of (i) the stated initial value of such bond, plus (ii) the interest accrued thereon from the issue date to the date of computation at the rate, compounded semiannually, that is necessary to produce the approximate yield to maturity shown for bonds of the same maturity.
(b) "State" means the State of Mississippi.
(c) "Commission" means the State Bond Commission.
SECTION 2. (1)(a) A special fund, to be designated as the "1997 Capitol Facilities Improvements Fund" is created within the State Treasury. The fund shall be maintained by the State Treasury. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state and investment earnings on amounts in the fund shall be deposited into such fund.
(b) Monies deposited into the fund shall be disbursed, in the discretion of the Department of Finance and Administration, to pay the costs of capital improvements, renovation and repair of existing facilities, furnishings, and equipping facilities, purchasing real property for public facilities and certain necessary expenses associated with certain authorized construction as hereinafter described:
(i) To replace, renovate, repair and construct heating, ventilation and air conditioning facilities for the New Capitol and the Woolfolk, Sillers and Gartin Buildings.
(ii) Renovate the Gartin and Sillers Buildings.
(iii) Construct one or more new office facilities in or near the Sillers/Gartin Complex to include a new Central Mechanical Plant for the Capitol Complex.
(iv) Construct one or more parking garages in, under or near the Sillers/Gartin Complex.
(v) Construct a pedestrian tunnel connection between the Sillers/Gartin Complex and the New Capitol Building to include renovation and/or expansion of the north entrance to the New Capitol.
(vi) Construct a new Court Building on state-owned land to accommodate the Supreme Court, Appellate Court, Law Library and necessary parking.
(vii) Construct a new Library Commission Building on state-owned land complete with parking.
(viii) Construct a new Archives and History Building complete with parking on state-owned land.
(ix) Plan the renovation of the Old Capitol Building, War Memorial Building, Capers Building and a new museum, all located on the Old Capitol Green.
(x) Supplement funding as needed for the Woolfolk Building renovation, addition and garages authorized by Chapter 524, Laws of 1995.
(xi) During the course of the construction and relocation of various state agencies involved in the Capitol Complex expansion program, provide for moving costs, rent expenses beyond agency budget, reestablishment of computer networks, partition construction and other necessary expenses associated with the construction authorized by this act or Chapter 524, Laws of 1995.
(xii) Purchase of the Edwards House property in Jackson, Mississippi.
(xiii) Purchase of the land and building or other structures of the Mississippi College School of Law located in the First Judicial District of Hinds County, Mississippi, on the north and south side of East Griffith Street, Jackson, Mississippi, containing approximately 3.231 acres.
(xiv) Acquisition of real property and improvements thereon within the Farish Street Historic District adjacent to the Capitol Complex.
(c) Dining and other ancillary facilities shall be included in the construction authorized by this act where appropriate. To the extent practical, the Sillers Building, the Gartin Building and all new buildings authorized by this act shall be compatible with the New Capitol. To the extent practical, the renovations and new construction authorized by this act shall be of sustainable design and shall be energy efficient.
(2) Amounts deposited into such special fund shall be disbursed to pay the costs of projects described in subsection (1) of this section. Promptly after the commission has certified, by resolution duly adopted, that the projects described in subsection (1) shall have been completed, abandoned, or cannot be completed in a timely fashion, any amounts remaining in such special fund shall be applied to pay debt service on the bonds issued under this act, in accordance with the proceedings authorizing the issuance of such bonds and as directed by the commission.
(3) The Department of Finance and Administration, acting through the Bureau of Building, Grounds and Real Property Management, is expressly authorized and empowered to receive and expend any local or other source funds in connection with the expenditure of funds provided for in this section. The expenditure of monies deposited into the special fund shall be under the direction of the Department of Finance and Administration, and such funds shall be paid by the State Treasurer upon warrants issued by such department, which warrants shall be issued upon requisitions signed by the Executive Director of the Department of Finance and Administration or his designee.
(4)(a) Consideration for the purchase of the property described in subsection (1)(b)(xiii) of this section shall not exceed the average of the fair market price for such real property as determined by two (2) professional property appraisers selected by the Department of Finance and Administration and licensed by the Mississippi Real Estate Appraiser Licensing and Certification Board; provided, however, that in no event shall the consideration exceed Two Million Eight Hundred Thousand Dollars ($2,800,000.00). Appraisal fees shall be paid by the Department of Finance and Administration from the proceeds of the bonds issued pursuant to this act.
(b) The purchase of the property described in subsection (1)(b)(xiii) of this section shall be made only if deemed practical by the Department of Finance and Administration.
(5) The Department of Finance and Administration shall, in the letting of contracts for any project described in this act, require contractors to consider subcontractors, with small and disadvantaged businesses as defined by the Small Business Administration.
(6) No bonds may be issued pursuant to this act for the purchase or lease of the property described in subsection (1)(b)(xii) of this section and no contract or other commitment of any kind involving the State of Mississippi or any of its departments, agencies, boards or commissions may be made regarding such property unless a law is enacted authorizing any such action to be taken.
SECTION 3. (1) The commission, at one time, or from time to time, may declare by resolution the necessity for issuance of general obligation bonds of the State of Mississippi to provide funds for all costs incurred or to be incurred for the purposes described in Section 2 of this act. Upon the adoption of a resolution by the Department of Finance and Administration, declaring the necessity for the issuance of any part or all of the general obligation bonds authorized by this section, the Department of Finance and Administration shall deliver a certified copy of its resolution or resolutions to the commission. Upon receipt of such resolution, the commission, in its discretion, may act as the issuing agent, prescribe the form of the bonds, advertise for and accept bids, issue and sell the bonds so authorized to be sold and do any and all other things necessary and advisable in connection with the issuance and sale of such bonds. The total amount of bonds issued under this act shall not exceed One Hundred Ninety-six Million Dollars ($196,000,000.00).
(2) Any investment earnings on amounts deposited into the special fund created in Section 2 of this act shall be used to pay debt service on bonds issued under this act, in accordance with the proceedings authorizing issuance of such bonds.
SECTION 4. The principal of and interest on the bonds authorized under this act shall be payable in the manner provided in this section. Such bonds shall bear such date or dates, be in such denomination or denominations, bear interest at such rate or rates (not to exceed the limits set forth in Section 75-17-101, Mississippi Code of 1972), be payable at such place or places within or without the State of Mississippi, shall mature absolutely at such time or times not to exceed twenty-five (25) years from date of issue, be redeemable before maturity at such time or times and upon such terms, with or without premium, shall bear such registration privileges, and shall be substantially in such form, all as shall be determined by resolution of the commission.
SECTION 5. The bonds authorized by this act shall be signed by the chairman of the commission, or by his facsimile signature, and the official seal of the commission shall be affixed thereto, attested by the secretary of the commission. The interest coupons, if any, to be attached to such bonds may be executed by the facsimile signatures of such officers. Whenever any such bonds shall have been signed by the officials designated to sign the bonds who were in office at the time of such signing but who may have ceased to be such officers before the sale and delivery of such bonds, or who may not have been in office on the date such bonds may bear, the signatures of such officers upon such bonds and coupons shall nevertheless be valid and sufficient for all purposes and have the same effect as if the person so officially signing such bonds had remained in office until their delivery to the purchaser, or had been in office on the date such bonds may bear. However, notwithstanding anything herein to the contrary, such bonds may be issued as provided in the Registered Bond Act of the State of Mississippi.
SECTION 6. All bonds and interest coupons issued under the provisions of this act have all the qualities and incidents of negotiable instruments under the provisions of the Uniform Commercial Code, and in exercising the powers granted by this act, the commission shall not be required to and need not comply with the provisions of the Uniform Commercial Code.
SECTION 7. The commission shall act as the issuing agent for the bonds authorized under this act, prescribe the form of the bonds, advertise for and accept bids, issue and sell the bonds so authorized to be sold, pay all fees and costs incurred in such issuance and sale, and do any and all other things necessary and advisable in connection with the issuance and sale of such bonds. The commission is authorized and empowered to pay the costs that are incident to the sale, issuance and delivery of the bonds authorized under this act from the proceeds derived from the sale of such bonds. The commission shall sell such bonds on sealed bids at public sale, and for such price as it may determine to be for the best interest of the State of Mississippi, but no such sale shall be made at a price less than par plus accrued interest to the date of delivery of the bonds to the purchaser. All interest accruing on such bonds so issued shall be payable semiannually or annually; however, the first interest payment may be for any period of not more than one (1) year.
Notice of the sale of any such bond shall be published at least one (1) time, not less than ten (10) days before the date of sale, and shall be so published in one or more newspapers published or having a general circulation in the City of Jackson, Mississippi, and in one or more other newspapers or financial journals with a national circulation, to be selected by the commission.
The commission, when issuing any bonds under the authority of this act, may provide that bonds, at the option of the State of Mississippi, may be called in for payment and redemption at the call price named therein and accrued interest on such date or dates named therein.
SECTION 8. The bonds issued under the provisions of this act are general obligations of the State of Mississippi, and for the payment thereof the full faith and credit of the State of Mississippi is irrevocably pledged. If the funds appropriated by the Legislature are insufficient to pay the principal of and the interest on such bonds as they become due, then the deficiency shall be paid by the State Treasurer from any funds in the State Treasury not otherwise appropriated. All such bonds shall contain recitals on their faces substantially covering the provisions of this section.
SECTION 9. Upon the issuance and sale of bonds under the provisions of this act, the commission shall transfer the proceeds of any such sale or sales to the special fund created in Section 2 of this act. The proceeds of such bonds shall be disbursed solely upon the order of the Department of Finance and Administration under such restrictions, if any, as may be contained in the resolution providing for the issuance of the bonds.
SECTION 10. The bonds authorized under this act may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions and things which are specified or required by this act. Any resolution providing for the issuance of bonds under the provisions of this act shall become effective immediately upon its adoption by the commission, and any such resolution may be adopted at any regular or special meeting of the commission by a majority of its members.
SECTION 11. The bonds authorized under the authority of this act may be validated in the Chancery Court of the First Judicial District of Hinds County, Mississippi, in the manner and with the force and effect provided by Chapter 13, Title 31, Mississippi Code of 1972, for the validation of county, municipal, school district and other bonds. The notice to taxpayers required by such statutes shall be published in a newspaper published or having a general circulation in the City of Jackson, Mississippi.
SECTION 12. Any holder of bonds issued under the provisions of this act or of any of the interest coupons pertaining thereto may, either at law or in equity, by suit, action, mandamus or other proceeding, protect and enforce any and all rights granted under this act, or under such resolution, and may enforce and compel performance of all duties required by this act to be performed, in order to provide for the payment of bonds and interest thereon.
SECTION 13. All bonds issued under the provisions of this act shall be legal investments for trustees and other fiduciaries, and for savings banks, trust companies and insurance companies organized under the laws of the State of Mississippi, and such bonds shall be legal securities which may be deposited with and shall be received by all public officers and bodies of this state and all municipalities and political subdivisions for the purpose of securing the deposit of public funds.
SECTION 14. Bonds issued under the provisions of this act and income therefrom shall be exempt from all taxation in the State of Mississippi.
SECTION 15. The proceeds of the bonds issued under this act shall be used solely for the purposes therein provided, including the costs incident to the issuance and sale of such bonds.
SECTION 16. The State Treasurer is authorized, without further process of law, to certify to the Department of Finance and Administration the necessity for warrants, and the Department of Finance and Administration is authorized and directed to issue such warrants, in such amounts as may be necessary to pay when due the principal of, premium, if any, and interest on, or the accreted value of, all bonds issued under this act; and the State Treasurer shall forward the necessary amount to the designated place or places of payment of such bonds in ample time to discharge such bonds, or the interest thereon, on the due dates thereof.
SECTION 17. This act shall be deemed to be full and complete authority for the exercise of the powers therein granted, but this act shall not be deemed to repeal or to be in derogation of any existing law of this state.
SECTION 18. Any agency occupying space in facilities described in Section 2(1) of this act shall pay to the Bureau of Capitol Facilities rental payments, the amount of which shall be determined by the Department of Finance and Administration, which payments are pledged to retire any bonds or notes issued pursuant to this act as well as debt service costs during construction incurred by the General Fund. The amount of rent required to be paid under this section while bonds or notes are outstanding shall not be less than an amount which will generate in the aggregate from all properties occupied pursuant to this act funds adequate to pay the principal of and interest on the bonds or notes issued pursuant to this act as they become due as well as paying those debt costs incurred by the General Fund before occupancy.
SECTION 19. After the retirement of all bonds or notes issued to construct or renovate the facilities described in Section 2 of this act, the supervision of such property shall remain that of the Bureau of Capitol Facilities of the Department of Finance and Administration. Such bureau shall establish the amount of rental payments. All rental payments shall be made to the bureau and the bureau shall deposit such payments into the State General Fund.
SECTION 20. No bonds may be issued under this act after February 1, 1997.
SECTION 21. This act shall take effect and be in force from and after its passage.