By Gutierrez                                     H.B. No. 616

      75R2718 PAM-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the transfer of certain state property from the Texas

 1-3     National Guard Armory Board to certain municipalities.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  (a)  The Texas National Guard Armory Board shall

 1-6     donate and transfer to the City of Donna the real property

 1-7     described by Subsection (d) of this section if:

 1-8                 (1)  the property is no longer used by the Texas

 1-9     National Guard Armory Board as an armory;

1-10                 (2)  the property is fully paid for and free of liens;

1-11     and

1-12                 (3)  all obligations incurred in connection with the

1-13     acquisition and construction of the property have been fully paid.

1-14           (b)  The Texas National Guard Armory Board shall transfer the

1-15     property by an appropriate instrument of transfer.  The instrument

1-16     must include a provision that:

1-17                 (1)  requires the City of Donna to use the property

1-18     only for governmental purposes; and

1-19                 (2)  indicates that ownership of the property will

1-20     automatically revert to the Texas National Guard Armory Board if

1-21     the City of Donna uses the property for any purpose other than a

1-22     governmental purpose.

1-23           (c)  The Texas National Guard Armory Board shall retain

1-24     custody of the instrument of  transfer after its filing.

 2-1           (d)  The real property referred to in Subsection (a) of this

 2-2     section is described as follows:

 2-3     Being Lots Eight (8) to Twenty-One (21), inclusive, and Lots

 2-4     Thirty-five (35) to Forty (40), inclusive, out of the La Colonial

 2-5     Subdivision in Donna, Hidalgo County, Texas, said Subdivision being

 2-6     a Re-subdivision of Lots One (1) and Two (2), Block Eighty-One (81)

 2-7     of the Lott, Town and Improvement Company's Subdivision of lands in

 2-8     Hidalgo County, Texas, according to the maps and plats of said

 2-9     subdivisions of record in the Office of the County Clerk of Hidalgo

2-10     County, Texas, to which reference is here made for all purposes;

2-11     SAVE AND EXCEPT all of the Oil, Gas, and other minerals in and

2-12     under, and that may be produced from said property, same being

2-13     expressly reserved to the City of Donna, Texas.

2-14           SECTION 2.  (a)  The Texas National Guard Armory Board shall

2-15     donate and transfer to the City of Edinburg  the real property

2-16     described by Subsection (d) of this section if:

2-17                 (1)  the property is no longer used by the Texas

2-18     National Guard Armory Board as an armory;

2-19                 (2)  the property is fully paid for and free of liens;

2-20     and

2-21                 (3)  all obligations incurred in connection with the

2-22     acquisition and construction of the property have been fully paid.

2-23           (b)  The Texas National Guard Armory Board shall transfer the

2-24     property by an appropriate instrument of transfer.  The instrument

2-25     must include a provision that:

2-26                 (1)  requires the City of Edinburg to use the property

2-27     only for governmental purposes; and

 3-1                 (2)  indicates that ownership of the property will

 3-2     automatically revert to the Texas National Guard Armory Board if

 3-3     the City of Edinburg uses the property for any purpose other than a

 3-4     governmental purpose.

 3-5           (c)  The Texas National Guard Armory Board shall retain

 3-6     custody of the instrument of transfer after its filing.

 3-7           (d)  The real property referred to in Subsection (a) of this

 3-8     section is described as follows:

 3-9     A tract of land containing 3.42 acres, more or less, out of Lot No.

3-10     Ten (10) in Section No. Two Hundred Seventy-One (271) of the

3-11     Texas-Mexican Railway Company's Surveys in Hidalgo County, Texas,

3-12     according to the map or plat showing the subdivision of said

3-13     section along with other sections appearing of record in Volume 24,

3-14     Page 168 of the Deed Records of Hidalgo County, Texas, said tract

3-15     being more particularly described by metes and bounds as follows:

3-16     Beginning at a point on the West boundary line of said Lot No. Ten

3-17     (10), Section No. Two Hundred Seventy-One (271), 603.8 feet North

3-18     of the Southwest corner of said Lot; Thence Easterly on a line

3-19     parallel to the South boundary line of said Lot No. 10 a distance

3-20     of 307.86 feet to a point for the Southeast corner of this tract;

3-21     Thence Northerly on a line parallel to the West boundary line of

3-22     said Lot No. 10 a distance of 650.2 feet to a point, which point is

3-23     66 feet South of the North boundary line of said Lot No. 10 and

3-24     also 13 feet South of the South concrete edge of a concrete-lined

3-25     canal; Thence Westerly on a line parallel to the North boundary

3-26     line of said Lot No.  10 and said concrete canal a distance of 132

3-27     feet to a point; Thence Southerly and Westerly a distance of 141.39

 4-1     feet along a curved line parallel to and 13 feet distant from said

 4-2     concrete canal to a point; Thence Southerly on a line parallel to

 4-3     the West boundary line of said Lot No. 10 and concrete canal a

 4-4     distance of 391 feet to a point; Thence Westerly on a line parallel

 4-5     to the North boundary line of said Lot No. 10 a distance of 36 feet

 4-6     to a point; Thence Southerly on a line parallel to the West

 4-7     boundary line of said Lot No.  10 a distance of 160 feet to a

 4-8     point; Thence Westerly on a line parallel to the North boundary

 4-9     line of said Lot No. 10 a distance of 50 feet to a point on the

4-10     West boundary line of said Lot No. 10; Thence Southerly along the

4-11     West boundary line of said Lot No. 10 a distance of 10 feet to the

4-12     point of beginning, containing, by the above metes and bounds, 3.42

4-13     acres of land, more or less.

4-14           SECTION 3.  (a)  The Texas National Guard Armory Board shall

4-15     donate and transfer to the City of McAllen the real property

4-16     described by Subsection (d) of this section if:

4-17                 (1)  the property is no longer used by the Texas

4-18     National Guard Armory Board as an armory;

4-19                 (2)  the property is fully paid for and free of liens;

4-20     and

4-21                 (3)  all obligations incurred in connection with the

4-22     acquisition and construction of the property have been fully paid.

4-23           (b)  The Texas National Guard Armory Board shall transfer the

4-24     property by an appropriate instrument of transfer.  The instrument

4-25     must include a provision that:

4-26                 (1)  requires the City of McAllen to use the property

4-27     only for governmental purposes; and

 5-1                 (2)  indicates that ownership of the property will

 5-2     automatically revert to the Texas National Guard Armory Board if

 5-3     the City of McAllen uses the property for any purpose other than a

 5-4     governmental purpose.

 5-5           (c)  The Texas National Guard Armory Board shall retain

 5-6     custody of the instrument of transfer after its filing.

 5-7           (d)  The real property referred to in Subsection (a) of this

 5-8     section is described as follows:

 5-9     The North Five (N 5) acres of the South Eight and Sixty Nine

5-10     Hundredths (8.69) acres of Lot Fifteen (15) in the Northwest

5-11     Quarter (1/4) of Section Seven (7), Hidalgo Canal Company's

5-12     Subdivision of lands out of Porciones 64, 65 and 66 in Hidalgo

5-13     County, Texas, said five (5) acres being the North 303.77 feet of

5-14     the South 528.0 feet of said Lot 15, and is described by metes and

5-15     bounds as follows:

5-16     BEGINNING at a point in South Main Street in the City of McAllen,

5-17     Texas, on the West line of Lot 15, Northwest 1/4 of Section 7,

5-18     Hidalgo Canal Company's Subdivision of Porciones 64, 65 and 66,

5-19     Hidalgo County, Texas, North 8 degrees 46 minutes West, 528.0 feet

5-20     from the Southwest corner of said Lot 15 for the Northwest corner

5-21     of the South 8.69 acres of said lot and the Northwest corner

5-22     hereof.

5-23     THENCE, with the North line of the South 8.69 acres of Lot 15,

5-24     South 81 deg.  16 min. East, 717.0 feet to a point on the East line

5-25     of Lot 15 for the Northeast corner hereof.

5-26     THENCE, with the East line of Lot 15, South 8 deg. 46 min. West,

5-27     303.77 feet to a point for the Southeast corner hereof.

 6-1     THENCE, parallel to the South line of Lot 15, North 81 deg. 16 min.

 6-2     West, 717.0 feet to a point on the West line of Lot 15 for the

 6-3     Southwest corner hereof.

 6-4     THENCE, with the West line of Lot 15 in South Main Street, North 8

 6-5     deg. 46 min. West, 303.77 feet to the POINT OF BEGINNING,

 6-6     containing 5.0 acres of land, of which the West 39.0 feet is hereby

 6-7     set aside for Main Street right-of-way:

 6-8     SAVE AND EXCEPT all oil, gas and other minerals.

 6-9           SECTION 4.  (a)  The Texas National Guard Armory Board shall

6-10     donate and transfer to the City of Pharr the real property

6-11     described by Subsection (d) of this section if:

6-12                 (1)  the property is no longer used by the Texas

6-13     National Guard Armory Board as an armory;

6-14                 (2)  the property is fully paid for and free of liens;

6-15     and

6-16                 (3)  all obligations incurred in connection with the

6-17     acquisition and construction of the property have been fully paid.

6-18           (b)  The Texas National Guard Armory Board shall transfer the

6-19     property by an appropriate instrument of transfer.  The instrument

6-20     must include a provision that:

6-21                 (1)  requires the City of Pharr to use the property

6-22     only for governmental purposes; and

6-23                 (2)  indicates that ownership of the property will

6-24     automatically revert to the Texas National Guard Armory Board if

6-25     the City of Pharr uses the property for any purpose other than a

6-26     governmental purpose.

6-27           (c)  The Texas National Guard Armory Board shall retain

 7-1     custody of the instrument of transfer after its filing.

 7-2           (d)  The real property referred to in Subsection (a) of this

 7-3     section is described as follows:

 7-4     Three (3) acres of land in the South part of Lot Number 182 of the

 7-5     Kelly-Pharr Subdivision of Porciones 69-70, Hidalgo County, Texas,

 7-6     according to the map of said subdivision, recorded in Volume "3",

 7-7     pages 133-134, of the Deed Records of said county, described by

 7-8     metes and bounds as follows, to wit:

 7-9     Beginning in the South line of said Lot No. 182 at a point N 81

7-10     35' W 630 feet from the Southeast corner of said lot, for the

7-11     Southwest corner hereof; thence S 81 35' E 300 feet to a point in

7-12     said south line for the Southeast corner hereof; thence N 8 25' E

7-13     parallel with the East line of said lot, 435.6 feet to a point for

7-14     the Northeast corner hereof; thence N 81 35' W, parallel with the

7-15     South line of said lot, 300 feet to a point for the Northwest

7-16     corner hereof; Thence S 8 25' W, parallel with the East line of

7-17     said lot, 435.6 feet to the place and point of beginning,-

7-18     containing three (3) acres, EXCEPTING from this conveyance however,

7-19     and not conveyed hereby, all of the oil, gas and other minerals in,

7-20     under and that may be produced from said described three acres.

7-21           SECTION 5.  The importance of this legislation and the

7-22     crowded condition of the calendars in both houses create an

7-23     emergency and an imperative public necessity that the

7-24     constitutional rule requiring bills to be read on three several

7-25     days in each house be suspended, and this rule is hereby suspended,

7-26     and that this Act take effect and be in force from and after its

7-27     passage, and it is so enacted.