75R14487 E By Duncan S.B. No. 1622 Substitute the following for S.B. No. 1622: By Isett C.S.S.B. No. 1622 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the creation of the Lubbock Reese Redevelopment 1-3 Authority. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subtitle G, Title 10, Government Code, is amended 1-6 by adding Chapter 2310 to read as follows: 1-7 CHAPTER 2310. LUBBOCK REESE REDEVELOPMENT AUTHORITY 1-8 SUBCHAPTER A. GENERAL PROVISIONS 1-9 Sec. 2310.001. DEFINITIONS. In this subchapter: 1-10 (1) "Authority" means the Lubbock Reese Redevelopment 1-11 Authority. 1-12 (2) "Base property" means land described by Section 1-13 2310.026 and improvements and personal property on that land. 1-14 (3) "Board" means the board of directors of the 1-15 authority. 1-16 (4) "City" means the City of Lubbock. 1-17 (5) "County" means Lubbock County. 1-18 Sec. 2310.002. ESTABLISHMENT. The authority is established 1-19 as an authority and political subdivision of this state, with 1-20 boundaries coterminous with the boundaries of the real property 1-21 described by Section 2310.026, on adoption of resolutions by both 1-22 the city and the county authorizing the authority's establishment. 1-23 Sec. 2310.003. BOARD. (a) The board consists of nine 1-24 members and is responsible for the management, operation, and 2-1 control of the authority. 2-2 (b) The board is composed of: 2-3 (1) two members appointed by the governing body of the 2-4 city; 2-5 (2) two members appointed by the governing body of the 2-6 county; 2-7 (3) one member appointed by the South Plains 2-8 Association of Governments; and 2-9 (4) four at-large members appointed by the majority 2-10 vote of the members appointed under Subdivisions (1), (2), and (3). 2-11 (c) A vacancy on the board is filled in the same manner as 2-12 the original appointment. Each board member serves for a term of 2-13 two years. 2-14 (d) The members of the board shall elect from its membership 2-15 a president and vice president. The vice president shall preside 2-16 in the absence of the president. 2-17 (e) A majority of the members of the board is a quorum for 2-18 the transaction of business. 2-19 (f) The board shall adopt rules for its proceedings and may 2-20 employ and compensate persons to carry out the powers and duties of 2-21 the authority. 2-22 (Sections 2310.004-2310.020 reserved for expansion 2-23 SUBCHAPTER B. PURPOSE AND NATURE OF AUTHORITY; POWERS AND DUTIES 2-24 Sec. 2310.021. PURPOSE AND NATURE OF AUTHORITY. (a) The 2-25 authority is created, on an affirmative vote by the governing body 2-26 of the city and the commissioners court of the county, to accept 2-27 title, on approval by and in coordination with the governor, from 3-1 the United States to all or any portion of the real, personal, and 3-2 mixed property situated within Reese Air Force Base, as described 3-3 by Section 2310.026. 3-4 (b) The authority is a public political entity and corporate 3-5 body and exercises public and essential governmental functions. 3-6 (c) The exercise of a power granted by this chapter is for a 3-7 public purpose and is a matter of public necessity. 3-8 (d) The authority is a governmental unit under Chapter 101, 3-9 Civil Practice and Remedies Code, and the operations of the 3-10 authority are not proprietary functions for any purpose, including 3-11 the application of Chapter 101, Civil Practice and Remedies Code. 3-12 Sec. 2310.022. POWERS AND DUTIES OF AUTHORITY. (a) The 3-13 authority has and may exercise, on approval by and in coordination 3-14 with the governor, all the powers necessary or convenient to carry 3-15 out or to effect a purpose of this chapter, including the power to: 3-16 (1) sue and be sued to the extent permitted by law, 3-17 and plead and be impleaded, in its own name, and in such a suit the 3-18 authority may not be required to give security for costs or a 3-19 supersedeas or cost bond in an appeal of a judgment; 3-20 (2) adopt an official seal and alter it as considered 3-21 advisable; 3-22 (3) adopt and enforce bylaws and rules for the conduct 3-23 of its affairs not inconsistent with this chapter; 3-24 (4) acquire, hold, own, and dispose of its revenues, 3-25 income, receipts, funds, and money from every source; 3-26 (5) select its depository or depositories; 3-27 (6) set the fiscal year for the authority; 4-1 (7) establish a complete system of accounts for the 4-2 authority; 4-3 (8) invest funds in accordance with Chapter 2256; 4-4 (9) acquire, use, own, rent, lease, accept, hold, or 4-5 dispose of any real, personal, or mixed property, licenses, 4-6 patents, rights, and other interest in that property, by purchase, 4-7 exchange, gift, assignment, condemnation, sale, lease, or any other 4-8 means, including rights-of-way or easements, and hold, manage, 4-9 operate, or improve that property, to perform the duties and 4-10 exercise any of the powers under this chapter; 4-11 (10) sell, assign, lease, encumber, mortgage, or 4-12 otherwise dispose of any real, personal, or mixed property 4-13 comprising the base property, or any interest in that property, 4-14 release or relinquish any right, title, claim, lien, interest, 4-15 easement, or demand, however acquired, and conduct any of those 4-16 transactions by public or private sale, notwithstanding any other 4-17 law; 4-18 (11) lease or rent any land or buildings, structures, 4-19 or facilities located on the base property to any person to effect 4-20 the purposes of this chapter; 4-21 (12) request and accept any appropriations, grants, 4-22 allocations, subsidies, guaranties, aid, contributions, services, 4-23 labor, materials, gifts, donations, or money from the federal 4-24 government, this state, any city, any public agency, any political 4-25 subdivision, or any other sources; 4-26 (13) operate and maintain an office; 4-27 (14) appoint and determine the duties, tenure, 5-1 qualifications, compensation, and removal of officers, employees, 5-2 agents, professional advisors, and counselors, including financial 5-3 consultants, accountants, attorneys, architects, engineers, 5-4 appraisers, and financing experts, as are considered necessary or 5-5 advisable by the board; 5-6 (15) borrow money as necessary to acquire, improve, or 5-7 operate facilities on the base property, not to exceed an amount 5-8 determined by the governing body of the city; 5-9 (16) fix, revise from time to time, charge, and 5-10 collect rents, rates, fees, and charges for its facilities and 5-11 services; 5-12 (17) exercise powers granted to a municipality under 5-13 Chapter 380, Local Government Code, for expansion of economic 5-14 development and commercial activity; and 5-15 (18) adopt an annual operating budget for all major 5-16 expenditures before the beginning of the fiscal year. 5-17 Sec. 2310.023. EXEMPT FROM TAXATION. The property, 5-18 revenues, and income of the authority are exempt from all taxes 5-19 levied by this state or a political subdivision of this state. 5-20 Sec. 2310.024. DISSOLUTION. The authority shall be 5-21 dissolved when all the functions of the authority are performed and 5-22 completed, and on approval of the city and county after all debts 5-23 or obligations have been duly satisfied or retired with its assets. 5-24 Any remaining assets of the authority shall be conveyed or 5-25 transferred to the city and the county in accordance with the 5-26 initial proportion of funds contributed by each. It is the 5-27 intention of the legislature that the authority be dissolved after 6-1 conveyance and sale of all of the base property. 6-2 Sec. 2310.025. SUCCESSOR. The authority is the successor in 6-3 interest to the Lubbock Reese Redevelopment Authority Corporation, 6-4 a nonprofit corporation organized under the Texas Non-Profit 6-5 Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil 6-6 Statutes), and succeeds to all rights and liabilities of the 6-7 corporation. 6-8 Sec. 2310.026. DESCRIPTION OF TRACTS. (1) FIRST TRACT. 6-9 All of Section Four (4) and the East Half (E 1/2) of Section 6-10 Twenty-six (26) except that part of said Sections lying south of 6-11 the north right-of-way line of State Highway No. 290 as same now 6-12 exists; and the South Half (S 1/2) of Section Twenty-five (25), all 6-13 in Block D-6; and the Southeast Quarter (SE 1/4) of Section 6-14 Forty-eight (48) Block P, and containing 1387.66 acres more or 6-15 less, and all easements appurtenant thereto, together with any 6-16 improvements and personal property related therein; 6-17 (2) SECOND TRACT. A strip of land adjacent to and 6-18 extending fifty (50) feet in width on each side of the following 6-19 described line: Commencing at the northeast corner of Section Five 6-20 (5), Block D-6; thence west along the north line of said Section 6-21 Five (5), a distance of two-hundred (200) feet; thence south at 6-22 right angles to said north line a distance of fifty (50) feet to 6-23 the point of beginning; thence continuing south at right angles to 6-24 said north line a distance of one-hundred sixty (160) feet, more or 6-25 less, to a point of curve; thence southwesterly on a curve to the 6-26 right with a radius of nine-hundred forty-two and twenty-nine 6-27 hundredths (942.29) feet, a distance of one-thousand three-hundred 7-1 ninety-six (1396) feet, more or less, to a point of intersection 7-2 with a line parallel with and seventy-five (75) feet northeasterly 7-3 from, measured at right angles to, the centerline of the main track 7-4 of the South Plains and Santa Fe Railway Company, containing 3.57 7-5 acres, more or less, and all easements appurtenant thereto, 7-6 together with any improvements and personal property related 7-7 therein; 7-8 (3) THIRD TRACT (Radio Transmitter Site). A parcel of 7-9 land described as beginning at the northwest corner of the 7-10 southwest quarter (SW 1/4) of Section Two (2), Block D-6; thence 7-11 east six-hundred sixty (660) feet, thence south six-hundred sixty 7-12 (660) feet, thence west six-hundred sixty (660) feet, thence north 7-13 six-hundred sixty (660) feet to the place of beginning, containing 7-14 ten (10) acres, more or less, and all easements appurtenant 7-15 thereto, together with any improvements and personal property 7-16 related therein; 7-17 (4) FOURTH TRACT (Radio Range Site). A certain parcel 7-18 of land described as beginning at the southwest corner of the east 7-19 half (E 1/2) of Section Thirty-eight (38), Block JS, thence north 7-20 five-hundred twenty-two (522) feet, thence east five-hundred (500) 7-21 feet, thence south five-hundred twenty-two (522) feet, thence west 7-22 five-hundred (500) feet to the point of beginning containing six 7-23 (6) acres, more or less, all easements appurtenant thereto, 7-24 together with any improvements and personal property related 7-25 therein; 7-26 (5) FIFTH TRACT (Terry County Auxiliary Air Field). A 7-27 parcel of land situated in Section 27, Block E, E.L. & R.R. Co. 8-1 Survey, County of Terry, State of Texas, being more particularly 8-2 described as follows: beginning at a 1/2" iron rod in the south 8-3 line of Section 27 that bears west, a distance of 1820 feet from 8-4 the section corner common to Sections 27 and 30, Block E for the 8-5 southeast corner of this tract; Thence north 88 35' west, along the 8-6 south line of said Section 27, a distance of 1870 feet to a 1/2" 8-7 iron rod for the southwest corner of this tract; Thence north 02 8-8 23' east, a distance of 5195.4 feet to a 1/2" iron rod set under a 8-9 fence for the northwest corner of this tract; Thence south 88 33' 8-10 east, along an east-west fence line, a distance of 100 feet to a 8-11 point; Thence south 2 23' west, a distance of 200 feet to a 1/2" 8-12 iron pipe for an inside corner of this tract; Thence south 88 33' 8-13 east, a distance of 1770 feet to a 1/2" iron pipe for the northeast 8-14 corner of this tract which bears south, a distance of 200 feet from 8-15 an east-west fence; Thence south 02 23' west, a distance of 4993.2 8-16 feet to the point of beginning, containing an area of 214.86 acres, 8-17 more or less, and all easements appurtenant thereto, together with 8-18 any improvements and personal property related therein. 8-19 (6) SIXTH TRACT (Terry County Auxiliary Air Field). A 8-20 parcel of land situated in Section 30, Block E, E.L. & R.R. R.R. 8-21 Co. Survey, County of Terry, State of Texas, being more 8-22 particularly described as: Beginning at a 1/2" iron rod in a line 8-23 common to the north line of Section 30 and the south line of 8-24 Section 27 which bears west, a distance of 1820 feet from the 8-25 section corner common to Sections 27 and 30, Block E for the 8-26 northeast corner of this tract; Thence south 02 23' west, a 8-27 distance of 5208.1 feet to a point for the southeast corner of this 9-1 tract which bears west, a distance of 1835.5 feet form the 9-2 southeast corner of Section 30; Thence north 88 55' west, along an 9-3 east-west fence on the south line of Section 30, a distance of 1855 9-4 feet to a point for the southwest corner of this tract; Thence 9-5 north 43 16' west, a distance of 21.5 feet to a 1/2" iron rod, set 9-6 for a corner of this tract, which bears north, a distance of 15 9-7 feet from an east-west fence; Thence north 02 23' east, a distance 9-8 of 5203.4 feet to a 1/2" iron rod for the northwest corner of this 9-9 tract which bears east, a distance of 1590 feet from the northwest 9-10 corner of Section 30; Thence south 88 35' east, along the north 9-11 line of Section 30, a distance of 1870 feet to the point of 9-12 beginning, containing an area of 223.80 acres, more or less, and 9-13 all easements appurtenant thereto, together with any improvements 9-14 and personal property related therein. 9-15 (7) SEVENTH TRACT (Terry County Auxiliary Air Field). 9-16 A parcel of land situated in Section 33, Block E, E. L. & R. R. 9-17 R.R. Co. Survey, County of Terry, State of Texas, being more 9-18 particularly described as follows: Beginning at a point under a 9-19 fence along the north line of Section 33 that bears west, a 9-20 distance of 1835.5 feet form a 2" iron pipe marking the northeast 9-21 corner of Section 33; Thence south 02 23' west, a distance of 400 9-22 feet to a 1/2" reinforcing rod for the southeast corner of this 9-23 tract; Thence north 88 55' west, along a line parallel to and 400 9-24 feet south of an east-west fence along the north line of Section 9-25 33, a distance of 1455 feet to a 1/2" iron rod for the southwest 9-26 corner of this tract; Thence north 43 16' west. a distance of 558.7 9-27 feet to a point for the northwest corner of this tract; Thence 10-1 south 88 55' east, with an east-west fence along the north line of 10-2 Section 33, a distance of 1855 feet to the northeast corner of this 10-3 tract and the point of beginning, containing an area of 15.20 10-4 acres, more or less, and all easements appurtenant thereto, 10-5 together with any improvements and personal property related 10-6 therein. 10-7 (8) EIGHTH TRACT (Terry County Auxiliary Air Field). 10-8 A parcel of land situated in Section 33, Block E, E.L. & R.R. 10-9 Railroad Co., Survey, County of Terry, State of Texas, being more 10-10 particularly described as follows: Beginning at a point that bears 10-11 west, a distance of 1835.5 feet and south 02 23' west, a distance 10-12 of 400 feet from the northeast corner of Section 33, Block E, E.L. 10-13 & R.R. Railroad Co., Survey; thence south 02 23' west, a distance 10-14 of 1500 feet; thence north 88 55' west, parallel to the north line 10-15 of Section 33, a distance of 1870 feet; thence north 02 23' east, a 10-16 distance of 1890.55 feet; thence south 88 55' east, a distance of 10-17 15.34 feet; thence south 43 16' east, a distance of 558.70 feet; 10-18 thence south 88 55' east, a distance of 1455.14 feet to the point 10-19 of beginning, containing 66.34 acres, more or less, and all 10-20 easements appurtenant thereto, together with any improvements and 10-21 personal property related therein. 10-22 SECTION 2. The importance of this legislation and the 10-23 crowded condition of the calendars in both houses create an 10-24 emergency and an imperative public necessity that the 10-25 constitutional rule requiring bills to be read on three several 10-26 days in each house be suspended, and this rule is hereby suspended, 10-27 and that this Act take effect and be in force from and after its 11-1 passage, and it is so enacted.