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FACILITY GOALS/AUTHORITY |
FA |
The
development of a quality educational program and school buildings which
facilitate the implementation of the program go hand in hand.
This
School Board has the power, authority and duty to have the responsibility for the
erection, repairing and equipping of school facilities and the making of
necessary school improvements. §37-7-301 (d) (1993)
Therefore,
it is the goal of this School Board to seek funds to provide both the
facilities needed for the number of students in the district and to provide the
type of facilities that will best accommodate and support the educational
program.
Standard
23.11 is as follows: The school district
is in compliance with state and/or federal requirements for a School Safety
Plan, including facilities that are clean, safe, and equipped to meet the
instructional needs of students and staff. {MS Code 37-3-81, 37-7-301(c)(d)(j), 37-11-5 and 49, 37-17-6(20), and 45-11-10}
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LONG-RANGE PLANNING – NEW SCHOOLS FACILITIES
PLANNING |
FD |
The Board
of Trustees shall approve a long-range school facilities plan. Developed in strict accordance with design
safety and related minimum state school facilities standards, all facility
plans shall be submitted to the State Department of Education.
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NAMING OR RENAMING NEW FACILITIES |
FDC |
The
Superintendent of Schools shall be directed to recommend to the Board of
Trustees the process for selecting the name or renaming of any school
facility. The Board of Trustees shall
have final approval of both the process of selection and the naming or renaming
of the facility.
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ADMINISTRATION OF |
FDD |
The
Superintendent of Education shall be responsible to the Board of Trustees for
the administration of law governing
All leases and easements shall comply with the
requirements set forth in the Mississippi Code Annotated, and amended, and the School Trust Land Policies and Procedures
Manual prepared and amended by the Office of the Mississippi Secretary of
State.
All requests for leases shall be submitted in writing to the Superintendent of Education. A legal description of the property shall be attached to the request.
To
establish the Fair Market Value,
appraisals of new parcels and reappraisals of leased parcels shall be by a
competent appraiser selected by the superintendent or his/her designee or by
Tax Assessor Certificate as defined by the School
Trust Land Policies and Procedures Manual.
The Board reserves the right to alter this method by simple resolution
at any legal board meeting.
All
survey costs, legal fees, filing fees, appraisal fees, and other costs shall be
paid by the Lessee as and when required by the Long Beach School Board.
All
leases, with the exception of those subject to sealed bids, shall contain a
rent adjustment clause requiring a reappraisal and rent adjustment at each
ten-year interval. The
No
lease may be assigned or subleased without the expressed written consent of the
Long Beach School Board.
New
leases created by subdividing existing Residential or Farm Residential leases
shall be limited to ten (10) years with no guaranteed renewal period.
Each
residential lease is restricted to a single dwelling and shall be for a term
not to exceed forty (40) years. The
The rental amount of each lease shall be set at 5% of the Fair Market Value of the parcel as defined above.
Commercial
leases shall be used for commercial purposes only and shall be for a term not
to exceed forty (40) years. The
The rental amount of each lease shall be set at Fair Market Value of the parcel as defined above.
Recreational
leases shall be used for recreational purposes only and shall be for a term not
to exceed forty (40) years. The
The
rental amount shall be no less than the annualized potential net value of the
parcel if managed as
Land
classified as “Other Land” shall be leased for a term not to exceed forty (40)
years. The
The
rental amount of each lease shall be set at Fair Market Value of the parcel as
defined above.
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EMPLOYMENT OF CONTRACTORS, ARCHITECTS AND
ENGINEERS |
FEAB |
The
Board of Trustees, on recommendation of the Superintendent of Schools, shall
approve architects and engineers required to perform various professional
services regarding major construction and when required by state purchasing
laws.
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PROJECT PLANNING INVOLVEMENT/ STATE GOVERNMENT |
FEAG |
New
school building construction plans and specifications, including plans for
renovation or repair of existing buildings, must be submitted to the State
Education Finance Commission for approval when funds from the commission are to
be used by the District.
MS
CODE, Title 37, Chapters 45 and 47
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FACILITY EXPANSION BOND SALES |
FFA/DFD |
This
School Board is authorized to issue negotiable bonds of this school district to
raise money for the following purposes in accordance with state law.
a.
Erecting, repairing, equipping, remodeling and
enlarging school buildings and related facilities, including gymnasiums,
auditoriums, lunch rooms, vocational training buildings, libraries, teachers'
homes, school barns, transportation vehicles and garages for transportation
vehicles, and purchasing land therefor.
b.
Establishing and equipping school athletic fields
and necessary facilities connected therewith, and purchasing land therefor.
c.
Providing necessary water, light, heating, air
conditioning and sewage facilities for school buildings, and purchasing land
therefor.
d.
Paying part of the costs to be incurred in
erecting, repairing, equipping, remodeling and enlarging school buildings and
related facilities which are owned and operated by state-supported institutions
of higher education as a demonstration or practice school attended by students,
grades of one or more, or parts of grades from the educable children of such
school district pursuant to a contract or agreement between said institution
and said school district.
The
authority to issue the bonds hereinabove set forth shall include the authority
for this School Board to spend the money for the purposes for which said money
is raised.
See Bonds and Obligations, §37-59-1 et seq.
REDUCED
OR INTEREST-FREE DEBT PURSUANT TO FEDERAL LAW
Notwithstanding
any law or any provision of any law to the contrary, the following additional
and supplemental powers and authorizations are hereby granted to each public
school district in connection with the issuance of any debt, as defined herein.
(a)
For purposes of this act, “debt” means any note,
bond, lease or other evidence of indebtedness, that a district is authorized to
issue under any provision of law.
(b)
Any school district issuing debt
may, by resolution of its board of trustees or board of education, do all
things regarding the form, payment structure, purchase price and terms of such
debt which may be helpful in qualifying the debt for reduced or interest-free
treatment under federal law or the regulations promulgated thereunder and to
assure that such debt will be readily acceptable in the municipal bond market,
provided the same is not inconsistent with the constitution of the state. Provided, however, that nothing in this act shall be
construed as allowing a school district to exceed the final maturity term or
exceed any debt limitation provided in the applicable state law authorizing the
debt.
(c)
This act shall be construed to be supplemental and
additional to any powers conferred by other laws on school districts and not in
derogation of any such powers not existing.
The act is remedial in nature and shall be liberally construed. Provided, however, that this act shall not
grant any extra authority to a school board to issue debt in any amount
exceeding statutory limitations on assessed value of taxable property within
such school district or the statutory limitations on debt maturities, and shall
not grant any extra authority to impose, levy or collect a tax which is not
otherwise expressly provided for. §37-59-301(2000)
NOTE: For details and procedures for issuance of
bonds see MS Code §37-59-1 et seq. For
bonds issued under Section 37-59-21, see MS Code §37-59-23. As to additional powers conferred in
connection with issuance of bonds see §37-59-25 and §31-21-5. See also MS Code §37-61-33, Education
Enhancement Fund.
LEGAL
REF.: MS CODE as cited
CROSS
REF.: Policy FA — Facility Goals and
Objectives
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FACILITY EXPANSION STATE LOANS AND GRANTS |
FFF |
This district may apply to
the State Educational Finance Commission for funds for capital outlay and
improvements.
This district shall comply with
appropriate state statutes in applying for and using such funds.
The principal fund shall be
a permanent township fund which shall consist of funds heretofore or hereafter
derived from certain uses or for certain resources of school trust lands which shall
be invested and, except as otherwise provided in this section, only the
interest and income derived from such funds shall be expendable by the school
district.
The principal fund shall
consist of:
(a)
Funds received for easements and rights-of-way pursuant to Section
(b)
Funds received for sales of lieu land pursuant to Sections 293-15
through
(c)
Funds received from any permanent damage to the school trust land;
(d)
Funds received from the sale of nonrenewable resources including but
not limited to the sale of sand, gravel, dirt, clays and royalties received
from the sale of mineral ores, coal, oil and gas;
(e)
Funds received from the sale of buildings pursuant to Section
(f)
Funds received from the sale of timber.
It shall be the duty of the Board of Education to
keep the principal fund invested in any direct obligation issued by or
guaranteed in full as to principal and interest by the
The Board of Education is likewise
authorized to invest said funds in interest bearing deposits or other
obligations of the types described in Section 27-105-33, as the same now is or
may hereafter be amended, or in any other type investment in which any other
agency, instrumentality or subdivision of the State of Mississippi may invest,
except that one hundred percent (100%) of said funds are hereby authorized to
be so invested. For the purposes of
investment, the principal fund of each township may be combined into one or
more district accounts; however, the docket book of the county superintendent
shall at all times reflect the proper source of such funds. Provided that funds received from the sale of
timber shall be placed in a separate principal fund account, and may be expended
for any of the purposes authorized by law.
The Board of Education shall
have authority to borrow such funds at a rate of interest not less than four
percent (4%) per annum and for a term not exceeding twenty (20) years, for the
erection, equipment or repair of said district schools, to provide local funds
for any building project approved by the State Board of Education or to provide
additional funds for forest stand improvement as set forth in Section
29-3-47. In addition, the Board may
borrow such funds under the same interest restrictions for a term not exceeding
ten (10) years to provide funds for the purchase of school buses. The Board of Education of any school district
in any county that has an aggregate amount of assets in its principal fund in
excess of Five Million Dollars ($5,000,000.00), may deduct an amount not to
exceed Five Hundred Thousand Dollars ($500,000.00) for the purpose of covering
the cost of asbestos removal from school district buildings. Such asbestos removal shall be construed to
constitute the repair of school district facilities as prescribed in Section
29-3-115.
No school land trust funds
may be expended after the annual payment date until the payment is made on such
loan. The annual payment can be made
from any funds available to the school district except minimum foundation
program funds.
It shall be unlawful for the
Board of Education to borrow any sixteenth section school funds in any other
manner than that prescribed herein, and if any such funds shall be borrowed or
invested in any other manner, any officer concerned in making such-loan and
investment or suffering the same to be made in violation of the provisions of
this section, shall be liable personally and on his/her official bond for the
safety of the funds so loaned. §2.9-3-113 (1997)
LEGAL REF.: MS CODE cited and Title 37, Chapters 45 and
47.
Also see DFL.
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FEDERAL LOANS AND GRANTS |
FFG |
As
appropriate, the Board may seek funds from federal sources to help defray the
costs of capital outlay and improvements to school facilities of the district.
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PURCHASE OF REAL PROPERTY – SITE ACQUISITION
PROCEDURES |
FGB |
In
strict accordance with the state law and city codes, the Board of Trustees may
purchase property for the purpose of school construction or renovation of
existing school facilities.
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PROJECT ADMINISTRATION CONTRACT AWARDS PROCEDURE |
FGDB/DJED |
All contracts for capital improvements by this
school district which are financed in whole or in part with funds received from
the state public school building fund pursuant to an application approved by the commission shall be
awarded and entered into upon receipt of
sealed bids or proposals after the time and place of letting such contracts and
the manner of bidding have been duly advertised. The contract shall be let and awarded to the
lowest and best bidder but the School Board shall have the power to reject any
and all bids. No such contract shall be
finally awarded or entered into without the prior written approval of the
commission. It is hereby expressly
provided that in order to bid upon and be awarded contracts for the
construction of school facilities under the provisions of this chapter if such
contract, subcontract or undertaking is less than Fifty Thousand Dollars
($50,000.00), it shall not be necessary that the bidder obtain a certificate of
responsibility from the board of public contractors under the provisions of
Chapter 3, Title 31, of the Mississippi Code of 1972, or otherwise be qualified
under said chapter, and none of the provisions of said chapter shall be
applicable to such contracts for the construction of school facilities under
the provisions hereof. Notwithstanding
the foregoing provisions of this section or any other provision of law, the
contract for construction of a secondary vocational and technical training
center for exclusive use and operation by a county school district may be
entered into and awarded by the Board of Trustees of a junior college district
where a grant of federal funds by the Appalachian Commission has been made to
the Board of Trustees of such junior college district to assist in financing
construction of such secondary vocational
and technical training facility
for such county school district.
§37‑47‑29 (1996)
In the letting of public contracts, preference shall
be given to resident contractors, and a nonresident bidder domiciled in a
state, city, county, parish, nation or political subdivision having laws
granting preference to local contractors shall be awarded Mississippi public
contracts only on the same basis as the nonresident bidder's state, city,
county, parish, nation or political subdivision awards contracts to Mississippi
contractors bidding under similar circumstances. Resident contractors actually domiciled in
PAYMENT PROCEDURES
Payment procedures shall be part of the written
contract entered into by the Board and companies or firms that are supplying
work on school facility expansion projects.
LEGAL REF.: MS CODE as cited
CROSS REF.: Policies FA — Facility Goals/Authority
FEAG — Project Planning
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TEMPORARY SCHOOL FACILITIES |
FI |
If it should become necessary,
the Board shall approve the use of portable classrooms. However, the use of such classrooms shall be
temporary.
REF: Proposed School Board Policy
Policy | LBSD | LBHS | LBMS | Quarles | Harper McCaughan | Reeves