By: Duncan S.B. No. 1622
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the creation of the Lubbock Reese Redevelopment
1-2 Authority.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subtitle G, Title 10, Government Code, is amended
1-5 by adding Chapter 2310 to read as follows:
1-6 CHAPTER 2310. LUBBOCK REESE REDEVELOPMENT AUTHORITY
1-7 SUBCHAPTER A. GENERAL PROVISIONS
1-8 Sec. 2310.001. DEFINITIONS. In this subchapter:
1-9 (1) "Authority" means the Lubbock Reese Redevelopment
1-10 Authority.
1-11 (2) "Board" means the board of directors of the
1-12 authority.
1-13 (3) "County" means the County of Lubbock, Texas.
1-14 (4) "City" means the City of Lubbock, Texas.
1-15 (5) "Property" means land, improvements, and personal
1-16 property described in Section 2310.026.
1-17 (6) "Corporation" means the Lubbock Reese
1-18 Redevelopment Authority Corporation.
1-19 Sec. 2310.002. ESTABLISHMENT. The authority is established
1-20 as an authority and political subdivision of the State of Texas,
1-21 with boundaries coterminous with the boundaries of the real
1-22 property described in Section 2310.026, on adoption of resolutions
1-23 by both the city and the county authorizing the authority's
2-1 establishment.
2-2 Sec. 2310.003. BOARD. (a) The board shall consist of nine
2-3 members and is responsible for the management, operation, and
2-4 control of the authority.
2-5 (b) The board is composed of the following members:
2-6 (1) two members appointed by the governing body of the
2-7 city;
2-8 (2) two members appointed by the governing body of the
2-9 county;
2-10 (3) one member appointed by the South Plains
2-11 Association of Governments; and
2-12 (4) four at-large members appointed by the majority
2-13 vote of the members appointed under Subdivisions (1), (2), and (3).
2-14 (c) A vacancy on the board is filled in the same manner as
2-15 the original appointment. Each board member serves for a term of
2-16 two years.
2-17 (d) The members of the board shall elect from its membership
2-18 a person to serve as president and a person to serve as vice
2-19 president. The vice president shall preside in the absence of the
2-20 president.
2-21 (e) A majority of the members of the board shall constitute
2-22 a quorum for the transaction of business.
2-23 (f) The board shall adopt rules for its proceedings and may
2-24 employ and compensate persons to carry out the powers and duties of
2-25 the authority.
3-1 (Sections 2310.004-2310.020 reserved for expansion
3-2 SUBCHAPTER B. PURPOSE AND NATURE OF AUTHORITY; POWERS AND DUTIES
3-3 Sec. 2310.021. PURPOSE AND NATURE OF AUTHORITY. (a) The
3-4 authority is created to accept title from the United States to all
3-5 or any portion of the real, personal, and mixed property situated
3-6 within Reese Air Force Base, as described in Section 2310.026.
3-7 (b) The authority is a public political entity and corporate
3-8 body and exercises public and essential governmental functions.
3-9 (c) The exercise of a power granted by this chapter is for a
3-10 public purpose and is a matter of public necessity.
3-11 (d) The authority is a governmental unit under Chapter 101,
3-12 Civil Practice and Remedies Code, and the operations of the
3-13 authority are not proprietary functions for any purpose, including
3-14 the application of Chapter 101, Civil Practice and Remedies Code.
3-15 Sec. 2310.022. POWERS AND DUTIES OF THE AUTHORITY. (a) The
3-16 authority created under this chapter shall have and exercise all
3-17 the powers necessary or convenient to carry out this chapter or to
3-18 effect a purpose of this chapter including but not limited to the
3-19 following:
3-20 (1) to sue and be sued to the extent permitted by law,
3-21 and plead and be impleaded, in its own name. The authority may not
3-22 be required to give security for costs in a suit brought or
3-23 prosecuted by the authority and may not be required to give a
3-24 supersedeas or cost bond in an appeal of a judgment;
3-25 (2) to adopt an official seal and alter same when
4-1 deemed advisable and to adopt and enforce bylaws, rules, and
4-2 regulations for the conduct of its affairs not inconsistent with
4-3 the provisions of this chapter;
4-4 (3) to acquire, hold, own, and dispose of its
4-5 revenues, income, receipts, funds, and money from every source and
4-6 to select its depository or depositories, to set the fiscal year
4-7 for the authority, to establish a complete system of accounts for
4-8 the authority, and to invest funds in accordance with the
4-9 requirements of Chapter 2256;
4-10 (4) to acquire, use, own, rent, lease, accept, hold,
4-11 or dispose of any real, personal, or mixed property, licenses,
4-12 patents, rights, and other interest therein, by purchase, exchange,
4-13 gift, assignment, condemnation, sale, lease, or any other means,
4-14 including rights-of-way or easements, and to hold, manage, operate,
4-15 or improve said property, in order to perform the duties and
4-16 exercise any of the powers under this chapter;
4-17 (5) to sell, assign, lease, encumber, mortgage, or
4-18 otherwise dispose of any real, personal, or mixed property
4-19 comprising the property, or any interest therein, and release or
4-20 relinquish any right, title, claim, lien, interest, easement, or
4-21 demand, however acquired, and to do any of the foregoing by public
4-22 or private sale, notwithstanding the provisions of any other law,
4-23 and to lease or rent any lands and buildings, structures, or
4-24 facilities located on the property to any person, firm,
4-25 corporation, or public entity or political subdivision to
5-1 effectuate the purposes of this chapter;
5-2 (6) to request and to accept any appropriations,
5-3 grants, allocations, subsidies, guaranties, aid, contributions,
5-4 services, labor, materials, gifts, donations, or funds from the
5-5 federal government, the state, any city, public agency, or
5-6 political subdivision, or any other sources;
5-7 (7) to operate and maintain an office and to appoint
5-8 and determine the duties, tenure, qualifications, compensation, and
5-9 removal of such officers, employees, agents, and professional
5-10 advisors, and counselors, including, without limitation, financial
5-11 consultants, accountants, attorneys, architects, engineers,
5-12 appraisers, and financing experts, as are deemed necessary or
5-13 advisable by the board;
5-14 (8) to borrow money;
5-15 (9) to fix and revise from time to time and charge and
5-16 collect rents, rates, fees, and charges for its facilities and
5-17 services; and
5-18 (10) to adopt an annual operating budget for all major
5-19 expenditures before the beginning of the fiscal year.
5-20 Sec. 2310.023. EXEMPT FROM TAXATION. The properties,
5-21 revenues, and income of the authority are exempt from all taxes
5-22 levied by the state or a political subdivision of the state.
5-23 Sec. 2310.024. DISSOLUTION. (a) The authority shall be
5-24 dissolved when all the functions of the authority are performed and
5-25 completed, and on approval of the city and county after all debts
6-1 or obligations have been duly satisfied or retired with its assets.
6-2 Any remaining assets of the authority shall be conveyed or
6-3 transferred to the city and the county in accordance with the
6-4 initial proportion of funds contributed by each. It is the
6-5 intention of the legislature that the authority be dissolved after
6-6 conveyance and sale of all of the property.
6-7 Sec. 2310.025. SUCCESSOR. The authority is the successor in
6-8 interest to the Lubbock Reese Redevelopment Authority Corporation,
6-9 a nonprofit corporation organized under the Texas Non-Profit
6-10 Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil
6-11 Statutes), and shall succeed to all rights and liabilities of the
6-12 corporation.
6-13 Sec. 2310.026. DESCRIPTION OF TRACTS. (1) FIRST TRACT.
6-14 All of Section Four (4) and the East Half (E 1/2) of Section
6-15 Twenty-six (26) except that part of said Sections lying south of
6-16 the north right-of-way line of State Highway No. 290 as same now
6-17 exists; and the South Half (S 1/2) of Section Twenty-five (25), all
6-18 in Block D-6; and containing 1387.66 acres more or less, and all
6-19 easements appurtenant thereto, together with any improvements and
6-20 personal property related therein;
6-21 (2) SECOND TRACT. A strip of land adjacent to and
6-22 extending fifty (50) feet in width on each side of the following
6-23 described line: Commencing at the northeast corner of Section Five
6-24 (5), Block D-6; thence west along the north line of said Section
6-25 Five (5), a distance of two-hundred (200) feet; thence south at
7-1 right angles to said north line a distance of fifty (50) feet to
7-2 the point of beginning; thence continuing south at right angles to
7-3 said north line a distance of one-hundred sixty (160) feet, more or
7-4 less, to a point of curve; thence southwesterly on a curve to the
7-5 right with a radius of nine-hundred forty-two and twenty-nine
7-6 hundredths (942.29) feet, a distance of one-thousand three-hundred
7-7 ninety-six (1396) feet, more or less, to a point of intersection
7-8 with line parallel with and seventy-five (75) feet northeasterly
7-9 from, measured at right angles to, the centerline of the main track
7-10 of the South Plains and Santa Fe Railway Company, containing 3.57
7-11 acres, more or less, and all easements appurtenant thereto,
7-12 together with any improvements and personal property related
7-13 therein;
7-14 (3) THIRD TRACT (Radio Transmitter Site). A parcel of
7-15 land described as beginning at the northwest corner of the
7-16 southwest quarter (SW 1/4) of Section Two (2), Block D-6; thence
7-17 east six-hundred sixty (660) feet, thence west six-hundred sixty
7-18 (660) feet, thence north six-hundred sixty (660) feet to the place
7-19 of beginning, containing ten (10) acres, more or less, and all
7-20 easements appurtenant thereto, together with any improvements and
7-21 personal property related therein;
7-22 (4) FOURTH TRACT (Radio Range Site). A certain parcel
7-23 of land described as beginning at the southwest corner of the east
7-24 half (E 1/2) of Section Thirty-eight (38), Block JS, thence north
7-25 five-hundred twenty-two (522) feet, thence east five-hundred (500)
8-1 feet, thence south five-hundred twenty-two (522) feet, thence west
8-2 five-hundred (500) feet to the point of beginning containing six
8-3 (6) acres, more or less, all easements appurtenant thereto,
8-4 together with any improvements and personal property related
8-5 therein;
8-6 (5) FIFTH TRACT (Terry County Auxiliary Air Field). A
8-7 parcel of land situated in Section 27, Block E, E.L. & R.R. Co.
8-8 Survey, County of Terry, State of Texas, being more particularly
8-9 described as follows: beginning at a 1/2" iron rod in the south
8-10 line of Section 27 that bears west, a distance of 1820 feet from
8-11 the section corner common to Sections 27 and 30, Block E for the
8-12 southeast corner of this tract; Thence north 88 35' west, along the
8-13 south line of said Section 27, a distance of 1870 feet to a 1/2"
8-14 iron rod for the southwest corner of this tract; Thence north 02
8-15 23' east, a distance of 5195.4 feet to a 1/2" iron rod set under a
8-16 fence for the northwest corner of this tract; Thence south 88 33'
8-17 east, along an east-west fence line, a distance of 100 feet to a
8-18 point; Thence south 2 23' west, a distance of 200 feet to a 1/2"
8-19 iron pipe for an inside corner of this tract; Thence south 88 33'
8-20 east, a distance of 1770 feet to a 1/2" iron pipe for the northeast
8-21 corner of this tract which bears south, a distance of 200 feet from
8-22 an east-west fence; Thence south 02 23' west, a distance of 4993.2
8-23 feet to the point of beginning, containing an area of 214.86 acres,
8-24 more or less, and all easements appurtenant thereto, together with
8-25 any improvements and personal property related therein.
9-1 (6) SIXTH TRACT (Terry County Auxiliary Air Field). A
9-2 parcel of land situated in Section 30, Block E, E.L. & R.R. R.R.
9-3 Co. Survey, County of Terry, State of Texas, being more
9-4 particularly described as: Beginning at a 1/2" iron rod in a line
9-5 common to the north line of Section 30 and the south line of
9-6 Section 27 which bears west, a distance of 1820 feet from the
9-7 section corner common to Sections 27 and 30, Block E for the
9-8 northeast corner of this tract; Thence south 02 23' west, a
9-9 distance of 5208.1 feet to a point for the southeast corner of this
9-10 tract which bears west, a distance of 1835.5 feet form the
9-11 southeast corner of Section 30; Thence north 88 55' west, along an
9-12 east-west fence on the south line of Section 30, a distance of 1855
9-13 feet to a point for the southwest corner of this tract; Thence
9-14 north 43 16' west, a distance of 21.5 feet to a 1/2" iron rod, set
9-15 for a corner of this tract, which bears north, a distance of 15
9-16 feet from an east-west fence; Thence north 02 23' east, a distance
9-17 of 5203.4 feet to a 1/2" iron rod for the northwest corner of this
9-18 tract which bears east, a distance of 1590 feet from the northwest
9-19 corner of Section 30; Thence south 88 35' east, along the north
9-20 line of Section 30, a distance of 1870 feet to the point of
9-21 beginning, containing an area of 223.80 acres, more or less, and
9-22 all easements appurtenant thereto, together with any improvements
9-23 and personal property related therein.
9-24 (7) SEVENTH TRACT (Terry County Auxiliary Air Field).
9-25 A parcel of land situated in Section 33, Block E, E. L. & R. R.
10-1 R.R. Co. Survey, County of Terry, State of Texas, being more
10-2 particularly described as follows: Beginning at a point under a
10-3 fence along the north line of Section 33 that bears west, a
10-4 distance of 1835.5 feet form a 2" iron pipe marking the northeast
10-5 corner of Section 33; Thence south 02 23' west, a distance of 400
10-6 feet to a 1/2" reinforcing rod for the southeast corner of this
10-7 tract; Thence north 88 55' west, along a line parallel to and 400
10-8 feet south of an east-west fence along the north line of Section
10-9 33, a distance of 1455 feet to a 1/2" iron rod for the southwest
10-10 corner of this tract; Thence north 43 16' west. a distance of 558.7
10-11 feet to a point for the northwest corner of this tract; Thence
10-12 south 88 55' east, with an east-west fence along the north line of
10-13 Section 33, a distance of 1855 feet to the northeast corner of this
10-14 tract and the point of beginning, containing an area of 15.20
10-15 acres, more or less, and all easements appurtenant thereto,
10-16 together with any improvements and personal property related
10-17 therein.
10-18 (8) EIGHTH TRACT (Terry County Auxiliary Air Field).
10-19 A parcel of land situated in Section 33, Block E, E.L. & R.R.
10-20 Railroad Co., Survey, County of Terry, State of Texas, being more
10-21 particularly described as follows: Beginning at a point that bears
10-22 west, a distance of 1835.5 feet and south 02 23' west, a distance
10-23 of 400 feet from the northeast corner of Section 33, Block E, E.L.
10-24 & R.R. Railroad Co., Survey; thence south 02 23' west, a distance
10-25 of 1500 feet; thence north 88 55' west, parallel to the north line
11-1 of Section 33, a distance of 1870 feet; thence north 02 23' east, a
11-2 distance of 1890.55 feet; thence south 88 55' east, a distance of
11-3 15.34 feet; thence south 43 16' east, a distance of 558.70 feet;
11-4 thence south 88 55' east, a distance of 1455.14 feet to the point
11-5 of beginning, containing 66.34 acres, more or less, and all
11-6 easements appurtenant thereto, together with any improvements and
11-7 personal property related therein.
11-8 SECTION 2. If any word, phrase, clause, paragraph, sentence,
11-9 part, portion, or provision of this Act or the application thereof
11-10 to any persons or circumstances shall be held to be invalid or
11-11 unconstitutional, the remainder of this Act shall nevertheless be
11-12 valid and the legislature declares that this Act would have been
11-13 enacted without such invalid or unconstitutional word, phrase,
11-14 clause, paragraph, sentence, part, portion, or provision.
11-15 SECTION 3. The importance of this legislation and the
11-16 crowded condition of the calendars in both houses create an
11-17 emergency and an imperative public necessity that the
11-18 constitutional rule requiring bills to be read on three several
11-19 days in each house be suspended, and this rule is hereby suspended,
11-20 and that this Act take effect and be in force from and after its
11-21 passage, and it is so enacted.