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UNIVERSITY OF SOUTH ALABAMA
BOARD OF TRUSTEES MEETING
March 9, 2006
10:00 a.m.
A meeting of the University of South Alabama Board of Trustees was duly convened by Mr. Donald L.
Langham, Chair Pro Tempore, on Thursday, March 9, 2006, at 10:00 a.m. in the Board Room of the
Frederick P. Whiddon Administration Building.
Members Present:
Trustees Cecil Gardner, Samuel Jones, Donald Langham, Bettye Maye,
Mayer Mitchell, Bryant Mixon, James Nix, Steven Stokes, and Larry Striplin.
Members Absent:
Trustees J. L. Chestnut, Crum Foshee, Larry Langford, Pat Lindsey,
Christie Miree, Joseph Morton, and Bob Riley.
Administration
and Others:
President Gordon Moulton; Drs. Dale Adams, Michael Boyd, Pat Covey,
Diana Hashimi (COM Alumni Assn.), Doug Haywick and Vaughn Millner
(Faculty Senate), Robert Shearer, and Sam Strada; Messrs. Wayne Davis,
Robert Galbraith, Stan Hammack, and Jeremiah Newell (AASA); and
Mss. Gilda Hodges and Jean Tucker.
Press:
Mr. Jeff Amy (Mobile Register).
Upon the call to order, Chairman Langham welcomed guests and called for approval of the revised agenda.
On motion by Mr. Striplin, seconded by Mayor Nix, the revised agenda was unanimously adopted.
Chairman Langham called for consideration of ITEM 1, the minutes of the Board meeting held on
December 1, 2005. On motion by Mr. Gardner, seconded by Dr. Stokes, the minutes were unanimously
adopted.
President Moulton said that the empty seat at the Board table was a symbol of the Board=s and the
University=s high esteem for Trustee Jack R. Brunson who passed away on March 1. He opened the floor
for comments in honor of Mr. Brunson. Trustees and staff remembered Mr. Brunson as an outstanding
leader and a caring friend. Chairman Langham called for a moment of silence. President Moulton said
that the Brunson family will be invited to the June 8 Annual Meeting at which the Board will formally
adopt a resolution of commendation for Mr. Brunson=s service.
President Moulton read aloud ITEM 2 as follows. On motion by Mr. Striplin, seconded by Mayor Nix, the
Board cast a unanimous vote approving the resolution. Upon acceptance of the framed resolution, Ms.
Hodges expressed appreciation for the honor and the opportunity to serve.
RESOLUTION
COMMENDATION OF MS. GILDA HODGES
WHEREAS, the University of South Alabama seeks to honor exceptional administrators and faculty who have
devoted a substantial part of their careers to serving and teaching others, and who have distinguished themselves
throughout their professional careers, and
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USA Board of Trustees Page 2 March 9, 2006 WHEREAS, Ms. Gilda Hodges joined the USA staff in February 1973 as secretary-control accountant for the
Computer Services Center, and
WHEREAS, Ms. Hodges served also as Secretary V and Administrative Assistant II for the Division of Services
and Planning, and subsequently served as Assistant to the President - Administrative until her retirement in December
2005, and
WHEREAS, Ms. Hodges strove to uphold the highest standard of professionalism in the administration of her
duties, and
WHEREAS, during her employment, Ms. Hodges earned the Bachelor of Science degree in Business in June
1985 from the USA Mitchell College of Business, and
WHEREAS, Ms. Hodges is a member of the USA National Alumni Association and served on the Board of
Directors from 1987 to 1993, and
WHEREAS, Ms. Hodges, during her tenure, worked diligently to advance many University initiatives, such as the
Children=s Sculpture Park at USA Children=s and Women=s Hospital, and served on numerous University Committees,
including the Southern Association of Colleges and Schools self-study committees for institutional accreditation and the
President=s Council, and
WHEREAS, Ms. Hodges is known within the University community as a committed associate, a mentor, and
caring friend, and,
WHEREAS, Ms. Hodges has selflessly dedicated 32 years of service to the University of South Alabama,
THEREFORE, BE IT RESOLVED, that the Board of Trustees expresses its appreciation to Ms. Gilda Hodges for her
many contributions to the University of South Alabama and the Office of the President, and offers its best wishes upon her
retirement.
President Moulton presented ITEM 3, the President=s Report. He introduced Mr. Jeremiah Newell,
President of the African-American Student Association. He recognized Basketball Head Coach
John Pelphrey and the USA Men Jags for winning of the Sun Belt Conference title. The Board viewed
video clips of the title game; Coach Pelphrey addressed the Board and introduced the players. President
Moulton welcomed Trustees Bettye Maye, Steve Stokes, and Larry Striplin to a second term as Trustee; he
noted that Governor Riley is considering appointments for the seats held by Mr. Foshee and Senator
Lindsey, whose terms expired on October 1, 2005. Ms. Maye thanked the Governor for being reappointed.
President Moulton announced that the University=s state appropriation for 2006-2007 was increased 18.5
percent. He reported on an advertisement for bids for the sale of 10 sectors of houses and cleared lots in
Hillsdale subdivision, and a request for proposals for new student housing. The President stated the Board
would be asked to approve a bond issue in the coming months with funds to be used for the completion of
construction projects. He further indicated that the design for the Allied Health and Nursing Building
would soon be complete, and added that construction of the Student Services Center is nearing completion.
President Moulton and Mr. Galbraith provided an update on the USA Technology and Research Park
while the Board viewed photos. More than 200 people are currently employed in the park and there is
much interest in the second building. Currently, there are 110,000 square feet of office space in both
buildings. Mr. Galbraith reported that discussions are taking place with representatives from the European
Aeronautic Defense and Space Company (EADS) about manpower, training, and space for a cadre of
companies that will follow EADS.
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USA Board of Trustees
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March 9, 2006
Chairman Langham called for consideration of health affairs items. Dr. Stokes, Health Affairs Committee
Chair, moved for approval of ITEM 4 as follows; Mayor Jones seconded and the resolution was
unanimously approved. It was noted that the Medical Staff Meeting minutes of February 7, 2006, were
provided as information.
RESOLUTION
USA HOSPITALS MEDICAL STAFF APPOINTMENTS AND REAPPOINTMENTS FOR NOVEMBER AND DECEMBER 2005, JANUARY 2006, AND FEBRUARY 22, 2006 WHEREAS, the Medical Staff appointments and reappointments for November and December 2005,
January 2006, and February 22, 2006, for the University of South Alabama Hospitals are recommended for approval by the
Medical Executive Committees of the University of South Alabama Hospitals,
THEREFORE, BE IT RESOLVED, that the appointments and reappointments be approved as submitted.
President Moulton presented ITEM 5 as follows. On motion by Ms. Maye, seconded by Mr. Gardner, the
resolution was unanimously approved.
RESOLUTION DISTINGUISHED AND EMERITUS PROFESSORSHIP COLLEGE OF MEDICINE
WHEREAS, the following faculty member has retired from the University of South Alabama
Robert A. Kreisberg, M.D.
Dean, College of Medicine and Vice-President for Medical Affairs and, WHEREAS, in recognition of his contributions to the University through extraordinary accomplishments in
teaching, in the generation of new knowledge through research and scholarship, and for serving as a consistently inspiring
influence to students and residents over a period of time, and
WHEREAS, the Interim Dean of the College of Medicine, has duly recommended him,
THEREFORE, BE IT RESOLVED, that the Board of Trustees of the University of South Alabama hereby appoints Dr.
Robert A. Kreisberg to the rank of Distinguished and Emeritus Professor with the rights and privileges thereunto
appertaining, and
BE IT FURTHER RESOLVED, that the Board of Trustees of the University of South Alabama in recognition of his
extraordinary accomplishments and dedicated service to the University of South Alabama wishes to convey its deep
appreciation to Dr. Kreisberg.
Concerning ITEMS 6 and 7, a report about the USA Cancer Research Institute and the USA / IHS Strategic
Health Alliance, President Moulton said progress of the agreement with IHS is very positive, as is
development of the Institute. Negotiations with the construction manager are underway. Dr. Boyd
discussed faculty recruitment. The lease of Knollwood Hospital by IHS begins April 1.
President Moulton thanked Mr. Hammack and others for their hard work in managing the transaction. He
and Mr. Hammack reported that an important goal of a seamless transition with minimal impact to
employees had been accomplished, consistent with the best interests of the University. President Moulton
assured the Board that no employees would lose their jobs; staff who will not continue as USA employees
will become IHS employees on April 1.
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USA Board of Trustees Page 4 March 9, 2006 Chairman Langham called for consideration of academic and student affairs items. In the absence of Ms.
Miree, Academic and Student Affairs Committee Chair, President Moulton presented ITEM 8 resolutions
as follows. On motion by Mr. Mitchell, seconded by Mayor Nix, the resolutions were unanimously
approved.
RESOLUTION
HONORARY DOCTORATE DEGREE FOR SENATOR RICHARD C. SHELBY
WHEREAS, the University of South Alabama seeks to honor exceptional individuals who have given a substantial
part of their lives to serving others and who have distinguished themselves throughout their professional careers, and
WHEREAS, Senator Richard C. Shelby served as City Prosecutor in Tuscaloosa, U.S. Magistrate for the Northern
District of Alabama, Special Assistant Attorney General for the State of Alabama, and
WHEREAS, Senator Shelby served eight years in the Alabama Legislature and four terms in the U.S. House of
Representatives, and
WHEREAS, Senator Shelby has served as a U.S. Senator for the State of Alabama since 1986, and
WHEREAS, Senator Shelby serves as Chairman of the Banking, Housing and Urban Affairs Committee of the
109th Congress, a member of the Senate Appropriations Committee, Chairman of the Commerce, Justice and Science
Appropriations Subcommittee, and
WHEREAS, Senator Shelby has provided extraordinary leadership in the area of national security during his
service as a member of the Senate Select Committee on Intelligence, and
WHEREAS, Senator Shelby has provided unwavering leadership and support for national defense and for
members of the armed forces and veterans, and serves as a member of the Defense Appropriations Subcommittee, and
WHEREAS, Senator Shelby has received numerous awards for his outstanding record on business, economic,
family and seniors= issues,
THEREFORE, BE IT RESOLVED, for his commitment to serving the citizens of the State of Alabama and of the
United States of America and for his commitment to a strong prosperous nation, the University of South Alabama bestows
upon him this day the Doctor of Humane Letters (L.H.D.).
RESOLUTION
HONORARY DOCTORATE DEGREE FOR DR. ANNETTE N. SHELBY
WHEREAS, the University of South Alabama seeks to honor exceptional individuals who have given a substantial
part of their lives to serving others and who have distinguished themselves throughout their professional careers, and
WHEREAS, Dr. Annette N. Shelby has achieved extraordinary distinction in her academic career, and
WHEREAS, Dr. Shelby served as a professor of Management at Georgetown University, and associate professor
of Management at the University of Alabama, and as a visiting professor at the University of Pittsburgh and at the Helsinki
School of Economics, and
WHEREAS, Dr. Shelby currently serves as Professor Emerita of Management at Georgetown University, and
WHEREAS, in recognition of her distinguished career, Dr. Shelby is the recipient of numerous distinguished
awards including membership in Phi Beta Kappa and Phi Kappa Phi, the Association for Business Communications
Outstanding Researcher Award and Distinguished Member, Alpha Kappa Psi Award for Distinguished Publication, Danforth
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USA Board of Trustees
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March 9, 2006
Association Award for Excellence in Teaching, The University of Alabama ATop 31@ Recognition of Female Graduates of the
Century, first female tenured professor at Georgetown University=s McDonough School of Business, Vicennial Medalist,
Georgetown University, Joseph F. LeMoine Award for Undergraduate and Graduate Teaching Excellence, Georgetown
University, and honorary doctorate from the University of Alabama, Birmingham, and
WHEREAS, Dr. Shelby has an outstanding record of active participation with organizations devoted to charitable
causes, including, among many others, the National Multiple Sclerosis Society, the Lombardi Cancer Center, the National
Alliance for the Mentally Ill, and the National Osteoporosis Foundation, and
WHEREAS, Dr. Shelby served as an advisor for the Lombardi Cancer Center Gala, National Alliance for the
Mentally Ill, Healthy Women 2000, and Leavey Awards for Excellence in Private Enterprise Education,
THEREFORE, BE IT RESOLVED, for her many contributions and dedication to education and public welfare, the
University of South Alabama bestows upon her this day the Doctor of Humane Letters (L.H.D.).
President Moulton noted that ITEM 9, a report of student affairs, was covered as part of ITEM 2, the
President=s Report.
Chairman Langham opened discussion of budget and finance items and announced the appointment of
Mayor Nix as Chair of the Budget and Finance Committee and Mr. Gardner to serve on the Committee.
Mr. Davis presented ITEM 10, the University=s Monthly Fund Accounting Reports for October, November,
and December 2005, and the GASB Financial Statements for the three months ended December 31, 2005.
He indicated that the effects of the lease of Knollwood Hospital to IHS had not yet been reflected in the
statements, but would be by year=s end. He reported that the financial impact of the lease would be
significant.
Ms. Tucker presented ITEM 11 as follows (refer to APPENDIX A for copies of policies and other authorized
documentation). On motion by Mayor Nix, seconded by Ms. Maye, the resolution was unanimously
approved.
RESOLUTION
AMENDED POLICY ON SALE OR LEASE OF REAL PROPERTY OR INTEREST OWNED BY THE UNIVERSITY OF SOUTH ALABAMA WHEREAS, the University of South Alabama has a Policy and Procedure by Which the University of South
Alabama Would Sell or Lease Real Property or Interest Owned by the University of South Alabama, and
WHEREAS, the policy attached to this resolution has been amended to track applicable statutory language,
THEREFORE, BE IT RESOLVED, the University of South Alabama Board of Trustees hereby adopts the Policy and
Procedure by Which the University of South Alabama Would Sell or Lease Real Property or Interest Owned by the University
of South Alabama as amended and attached hereto.
Chairman Langham called for a motion to convene an executive session for a period of approximately 20
minutes to discuss the issues of good name and character and pending litigation. On motion by Mayor
Nix, seconded by Ms. Maye, the Board unanimously agreed to continue discussions in an executive
session which began at 11:08 a.m.
Upon conclusion of the executive session at 11:35 a.m., Chairman Langham called for a motion to recess
the meeting until 1:30 p.m. On motion by Mayor Nix, seconded by Sheriff Mixon, the Board
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USA Board of Trustees Page 6 March 9, 2006 unanimously agreed to reconvene the Board meeting in the Laidlaw Performing Arts Building Recital Hall
at 1:30 p.m. in conjunction with a major press announcement and ceremony.
At 1:30 p.m., local, state, and federal dignitaries; USA administrators and students; and media
representatives assembled for a public announcement of the University=s first capital campaign with a goal
to raise $75 million. The program began with welcoming remarks from President Moulton and Dr. Busta,
the national anthem performed by USA student Mr. Lee Smith, and a video presentation detailing the
University=s involvement with the local and regional community. Mr. Jim Yance was introduced as Chair
of the University=s Campaign Leadership Team. Following an address by Mr. Yance and recognition of
the members of the Campaign Leadership Team, Chairman Langham reconvened the Board meeting at
2:11 p.m. and President Moulton read aloud ITEM 12.A as follows. On motion by Mr. Striplin, seconded
by Mayor Nix, the resolution was unanimously approved.
RESOLUTION
FUND RAISING CAMPAIGN
WHEREAS, the University of South Alabama since 1964 has performed a unique function as the only public fouryear institution of higher education serving the citizens of the greater Mobile area and Southwest Alabama, and
WHEREAS, the presence of this robust academic center of teaching, research, public service, and health care
advances the health and prosperity of the entire northern Gulf Coast, and
WHEREAS, the quality of higher education at the nation=s public colleges and universities has been elevated
immeasurably through the philanthropy of individuals, corporations, foundations, and organizations who share the mission
of advancing and conveying knowledge for the benefit of all, and
WHEREAS, the University of South Alabama is fortunate to enjoy the enthusiastic support of many alumni,
friends, and community partners whose commitment and generosity have promoted its progress as the foremost higher
education resource within our region, and
WHEREAS, the enhancement of private philanthropic support to the University of South Alabama has the
potential to accelerate incalculably its programs and services and through them to invigorate the Gulf Coast region,
NOW, THEREFORE, in recognition of the above, be it resolved that the Board of Trustees of the University of
South Alabama unreservedly endorses the inauguration of the University=s first comprehensive fund-raising campaign, and
BE IT FURTHER RESOLVED, that the Board does hereby express its sincerest appreciation for the foresight and
dedication of the devoted friends and alumni who have agreed to serve on the Leadership Team for the campaign and
extend special thanks to James Alexander Yance, a member of the Class of 1970, who has agreed to chair this historic
endeavor to advance the University of South Alabama.
President Moulton called the Mitchell family B Mayer, Abraham, and Arlene B to the podium. He
announced that the Mitchells would make an historic commitment as the campaign=s first public gift with
a pledge to the Cancer Research Institute of a record $22 million. This gift, combined with the Mitchell
family=s previous support, represents the largest amount given by one family to a single public university
in Alabama. President Moulton read aloud ITEM 13.A as follows. On motion by Mr. Striplin, seconded by
Mayor Nix, the resolution was unanimously approved, with Mr. Mitchell recusing himself from the vote.
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USA Board of Trustees
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March 9, 2006
RESOLUTION NAMING OF THE CANCER INSTITUTE WHEREAS, Abraham Mitchell, Mayer Mitchell, and Arlene Mitchell have provided the University of South
Alabama with substantial charitable gifts for endowment, operating, and capital support in furtherance of the University=s
teaching, research, health care, scholarship, cultural, civic, and student enrichment programs, such gifts totaling
$14,588,883, and
WHEREAS, the University has recognized these charitable gifts by, among other acts, causing its cultural,
athletic, and multi-purpose facility to be named the Mitchell Center and causing its business administration college to be
named the Mitchell College of Business, and
WHEREAS, the Mitchell Family B Abraham, Mayer, and Arlene - recently has pledged or provided substantial
additional funding totaling $22,000,000 to spearhead the continuing development of a nationally recognized research and
clinical cancer center with the goal of achieving National Cancer Institute designation and accreditation, and
WHEREAS, such contributions will raise the total amount of gifts and pledges to USA by the Mitchell Family to
$36,588,883, and
WHEREAS, in recognition of this further generosity, USA desires to identify its research and clinical cancer center
activities in honor of the Mitchell Family=s long history of exemplary charitable giving,
THEREFORE, BE IT RESOLVED, in recognition of the Mitchell Family=s past, present, and future donations to the
University of South Alabama, the Mitchell identification ascribed to and associated with the Mitchell College of Business
and the Mitchell Center shall remain permanent and irrevocable, and
BE IT FURTHER RESOLVED, the Board of Trustees authorizes the President to execute on behalf of the University
of South Alabama any agreement(s) necessary to carry out the terms of these additional gifts and pledges, whereupon
from the date of execution forward and subject to the terms of said agreement(s), the University of South Alabama cancer
research and clinical center shall be known as the Mitchell Cancer Institute.
As the resolution was adopted, a photo was unveiled of a sign reading AMitchell Cancer Institute,@ which
had been erected at the construction site of the first cancer institute building. The Mitchells addressed the
audience and shared their enthusiasm for the opportunity to make a significant difference at the University
of South Alabama.
There being no further business, Chairman Langham called for a motion to adjourn. On motion by Mr.
Striplin, seconded by Mayor Nix, Trustees unanimously agreed to adjourn the meeting of the University of
South Alabama Board of Trustees at 2:39 p.m.
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POLICY AND PROCEDURE BY WHICH THE UNIVERSITY OF SOUTH ALABAMA WOULD SELL OR LEASE REAL PROPERTY OR INTEREST OWNED BY THE UNIVERSITY OF SOUTH ALABAMA The University of South Alabama, as a public body corporate with a separately constituted Board of
Trustees, adopts this policy pursuant to Act Number 95-280 as set forth in Code of Alabama, ' 9-15
70 et. seq., (1975), as a policy of the University of South Alabama as set forth more particularly
below.
1.0
Definitions.
1.1 Property applicable under this policy. All real property and interest owned by the University
of South Alabama, including but not limited to, leasehold interest and all other things
annexed or attached to the land which would pass to a vendee by conveyance of a land or lot,
including mineral and gas and oil interests with an appraised value of more than $20,000.00.
1.2 Sales and leases of such real property affected by this policy. All sales and leases made by
or on behalf of the University of South Alabama of any real property or any interest as
defined above owned by the University of South Alabama which has an appraised value of
more than $20,000.00 except as follows:
a. The transfer of real property between departments, boards, bureaus, commissions,
institutions, corporations or agencies of the state when those are made by mutual
agreement between the Chief Executive Officers of the respective departments or
boards, bureaus, commissions, institutions, corporations or agencies of the state with
the approval of the Board of Trustees of the University of South Alabama which
includes the Governor of the State of Alabama.
b. Leasing or sale of timber from unused lands owned by the University of South
Alabama.
c. Leasing of oil, gas and other mineral interests.
d. Ground leases or leases of facilities by the University of South Alabama to social or
professional organizations, faculty members, employees, or for institution related
purposes which are designed to enhance the operation of the University of South
Alabama and that have been declared in the best interest of the University of South
Alabama by the Board of Trustees of the University of South Alabama, which
declaration shall be maintained as a part of the permanent file of the University and
shall be open to public inspection.
e. Any easements, rights of way or other similar grants of interest which relate to
utilities or services owned, operated or directed by counties or municipalities of the
State of Alabama.
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f. Lease-leaseback transactions which may be entered into by the University of South
Alabama after negotiation by the President of the University or his designee and
approved by the Board of Trustees, as long as the University of South Alabama at all
times remains the owner of any real property that is the subject of any such leaseleaseback transaction.
2.0
Process for Sale and Lease of Such Interest.
2.1 All sales of real property under this policy will require the prior approval of the Board of
Trustees of the University.
2.2 All sales and leases except as set forth above shall be made by one of the following
methods, as directed by the President of the University of South Alabama or his/her
designee.
a. Sales and leases may be made by free and open competitive, advertised sealed bids to
the highest bidder. Auctions, also, may be utilized, but usually the bid process will
be followed; or
b. In certain instances, it will be determined by the President of the University of South
Alabama or his designee that it is economically justified and in the best interest of
the University of South Alabama to offer an interest in real property for sale or lease
through a listing with a duly licensed real estate broker, or
c. The President or his/her designee may negotiate sale or lease of University property,
if same is in the best interest of the University of South Alabama and economically
justifiable, after publicly announced requests for proposals to sell or lease the
property are made.
2.3 With regard to the bid process to be used, the University of South Alabama shall obtain an
appraisal(s) by a real estate appraiser selected by the University of South Alabama prior to
the advertisement of the sale of property. Additional appraisals may be obtained if it is felt
necessary to determine the true value of the property. All appraisals shall be in writing.
2.4 After the appraisal or appraisals has/have been obtained, the University of South Alabama
shall establish the minimum amount for which the real property may be sold or leased. The
President of the University of South Alabama or his/her designee shall be the individual
authorized to determine the sale, after approval of the Board of Trustees of the University of
South Alabama, or lease the real property after giving consideration to the results of the
appraisal made on the real property. The President of the University of South Alabama or
his/her designee shall have the right to accept or reject all bids submitted for the purchase or
lease of the real property under these provisions.
2.5
After the appraisals have been obtained, the sale or lease shall be advertised at least once a
week for four weeks in advance of the date fixed for receiving bids or fixed for public
auction if that alternative method is used. The advertisement shall appear at least once a
week for four consecutive weeks in a newspaper of general circulation in the county or
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counties where the property is located, and at least one time in three other newspapers of
general circulation throughout the state. If the property is located outside the State of
Alabama, advertisements shall be at least one time in three newspapers of general circulation
throughout that state. A copy of the proposal shall be posted on a readily accessible public
bulletin board at the University of South Alabama. Persons may request notification of sale
or lease of real property by the University of South Alabama, and if they have provided their
mailing address to the Business Office, they shall be sent notice of the sale or lease. The
advertisement for bids will include the real property to be sold or leased with an appropriate
description, where the property is located, the dates and times when the property may be
inspected, and the person to contact with regard to questions relating to the property. The
advertisement shall further state the date, time and place of the opening of sealed bids. The
advertisement shall state that all bids may be rejected by the University of South Alabama.
No bid shall be received at any time after the time advertised as noted for acceptance.
2.6 With all sealed bids, individuals or corporations will be required to submit a binder that can
be applied to the purchase or rental price for the successful bidder. The binder will be via
certified check or bank cashier=s check in an amount to be determined by the University of
South Alabama, but which will not exceed twenty percent of the bid as a binder on the real
property upon which the individual or corporation is bidding. The binder shall be forfeited
by the person or corporation to whom the bid is awarded if the person or corporation does
not complete purchase by presenting to the University of South Alabama a certified check, a
cashier=s check or an appropriate wire for the amount due, less the amount of the binder
previously submitted, within thirty days after receiving notice in writing that the corporation
or person is a successful bidder. For good cause, the University of South Alabama may
extend the period for completing the sale for an additional period of thirty days. Certified
checks submitted as binders by those persons or corporations not awarded the bid shall be
returned to the persons or corporations.
2.7 In the event that no bids are received or all of the bids are rejected by the President of the
University of South Alabama or his/her designee, the sale or lease of the real property may
be negotiated. No sale or lease may be made at a price less than the highest bid received or
the minimum acceptable price, whichever is highest, and if the transaction is a sale of land,
such sale shall require the approval of the Board of Trustees. All real property sold or leased
shall be paid for by the purchaser or the purchaser=s representative by cashier=s check,
certified check or by wire transfer confirmed, and the sale or lease shall be closed not later
than thirty days after the written notice of acceptance of the negotiated amount.
2.8 The expenses of the required appraisal, as well as the contemplated sale or lease, shall be
paid by the University of South Alabama as the entity offering the property for sale. The
amount received under the bid shall be retained by the University of South Alabama.
2.9
Alternatively, there are certain cases in which it will be deemed to be economically justified
and in the best interest of the University of South Alabama to offer an interest in real
property for sale or lease through a listing with a duly licensed real estate broker. In such
instance, the justification for such listing rather than utilization of the bid process or auction
process will be set forth in writing and approved by the President of the University of South
Alabama as the agent of the University so authorized by Board of Trustees of the University
of South Alabama. In such case, the following process will be used:
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a. An apppraisal will be obtained from an independent real estate appraiser to determine the
value of the property at the time of the sale or lease that will be through a duly licensed
real estate broker.
b. The duly licensed real estate broker will be required to publicize the offer of sale in
accordance with customary practices,
2.10 Finally, the land may be sold through negotiation after publicly announced requests for
proposals to sell or lease the property are made.
2.11 In such cases as described in 2.9 and 2.10, the President of the University as the agent of the
University of South Alabama authorized by the Board of Trustees will set forth in a written
declaration the specific reasons why it is in the best interest of the University and the State
of Alabama to make specific sale or lease under these provisions, with such documentation
subsequently ratified by the Board of Trustees. This ratified, written declaration will be
retained and made a part of the permanent files of the University of South Alabama and open
to public inspection.
3.0
Prohibited Transactions.
3.1 Officers and employees of the University of South Alabama, which is the entity selling or
leasing the real property, and officers and employees of the Department of Conservation and
Natural Resources, as well as members of their immediate families, shall be excluded from
bidding on the property at a public auction or by sealed bids or through negotiation processes
or through placement with a real estate broker.
4.0
Transaction Beyond Scope of Policy Null and Void.
4.1 Any sale or lease of real property or any interest therein of the University of South Alabama
which is not in accordance with these policies and procedures shall be null and void.
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