MISSISSIPPI LEGISLATURE

2003 Regular Session

To: Penitentiary

By: Representative Perkins, Whittington, Howell

House Bill 1415

AN ACT TO AUTHORIZE THE DELTA CORRECTIONAL FACILITY AUTHORITY IN LEFLORE COUNTY, MISSISSIPPI, THE BOARD OF SUPERVISORS OF LEFLORE COUNTY, MISSISSIPPI, AND THE MISSISSIPPI DEPARTMENT OF CORRECTIONS TO EXCHANGE CERTAIN REAL PROPERTY LOCATED IN LEFLORE COUNTY, MISSISSIPPI; AND FOR RELATED PURPOSES.

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

     SECTION 1.   (1)  In consideration for the conveyance of property authorized in Section 2 of this act, the Delta Correctional Facility Authority, acting through its Board of Commissioners, is authorized to transfer and convey to the Board of Supervisors of Leflore County, Mississippi, all right, title and interest in and to certain real property and any improvements thereon located in Leflore County, Mississippi, subject to any encumbrances, liens, covenants, conditions or restrictions of record pertaining thereto, such parcel of property consisting of approximately three and six-tenths (3.6) acres in what is commonly known as the Delta Correctional Facility Authority property in Leflore County, Mississippi.

     (2)  The Mississippi Department of Corrections is authorized to release the property described in subsection (1) of this section from:

              (i)  The lease agreement entered into between the Delta Correctional Facility Authority and the Mississippi Department of Corrections on June 1, 1995; and

              (ii)  Any additional documents executed in connection with the lease of said property under the Lease Agreement as provided for in connection with the financing of the Delta Correctional Facility.

     (3)  The conveyance authorized in this section may be subject to additional terms and conditions agreed upon by the Delta Correctional Facility Authority and the Mississippi Department of Corrections.

     SECTION 2.  (1)  In consideration for the conveyance of property authorized in Section 1 of this act, the Board of Supervisors of Leflore County, Mississippi, is authorized to transfer and convey to the Mississippi Department of Corrections, all right, title and interest in certain real property and any improvement thereon located in Leflore County, Mississippi.

     (2)  The conveyance authorized in this section may be subject to additional terms and conditions agreed upon by the Board of Supervisors of Leflore County, Mississippi, and the Mississippi Department of Corrections.

     SECTION 3.  In lieu of a transfer and conveyance of the real property and improvements set forth in Section 1 of this act, the Delta Correctional Facility Authority, the Mississippi Department of Corrections and Leflore County, Mississippi, are authorized to enter into and/or approve any sublease of that certain real property and any improvements thereon to Leflore County, Mississippi, in consideration of the conveyance authorized in Section 2 of this act, or upon such terms and conditions as may be agreed upon by the Department of Corrections, Leflore County, Mississippi, and the Delta Correctional Facility Authority.  Any sublease authorized under this section may include a purchase option for nominal consideration for Leflore County, Mississippi (or other consideration agreed to by Leflore County, Mississippi), which may be exercised under terms and conditions agreed upon by the parties to the sublease.

     SECTION 4.  This act shall take effect and be in force from and after its passage.