By: Duncan S.B. No. 1622
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
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. DEFINITION. In this Article:
1-5 (1) "Authority" means the Lubbock Reese Redevelopment
1-6 Authority.
1-7 (2) "Board" means the Board of Directors of the
1-8 Authority.
1-9 (3) "County" means the County of Lubbock, Texas.
1-10 (4) "City" means the City of Lubbock, Texas.
1-11 (5) "Property" means land, improvements and personal
1-12 property described in Section 4.
1-13 (6) "Corporation" means the Lubbock Reese
1-14 Redevelopment Authority Corporation.
1-15 SECTION 2. ESTABLISHMENT: (a) The Authority is hereby
1-16 established as an authority of the State of Texas with boundaries
1-17 coterminous with the boundaries of the real property described in
1-18 Section 4, upon adoption of Resolutions by both the City and the
1-19 County authorizing the Authority's establishment and each
1-20 appointing two members to the Board, one member of the Board
1-21 appointed by the South Plains Association of Governments and four
2-1 members of the Board to be appointed by the previously appointed
2-2 Board members.
2-3 SECTION 3. BOARD: (a) The Board shall consist of nine
2-4 members and is responsible for the management, operation and
2-5 control of the Authority.
2-6 (b) The Board is composed of the following members:
2-7 (1) Two members appointed by the governing body of the
2-8 City.
2-9 (2) Two members appointed by the governing body of the
2-10 County.
2-11 (3) One member appointed by the South Plains
2-12 Association of Governments.
2-13 (4) Four at-large members appointed by the majority
2-14 vote of the members named in Section 3(b) 1, 2 and 3.
2-15 (c) A vacancy on the Board is filled in the same manner as
2-16 the original appointment. Each Board member serves for a term of
2-17 two years.
2-18 (d) The members of the Board shall elect from its membership
2-19 a person to serve as president and a person to serve as
2-20 vice-president. The vice-president shall preside in the absence of
2-21 the president.
2-22 (e) A majority of the members of the Board shall constitute
2-23 a quorum for the transaction of business.
2-24 (f) The board shall adopt rules for its proceedings and may
2-25 employ and compensate persons to carry out the powers and duties of
3-1 the Authority.
3-2 SECTION 4. PURPOSE: (a) The Authority is created to accept
3-3 title from the United States of America to all or any portion of
3-4 the real property situated within Reese Air Force Base, being
3-5 described as follows:
3-6 (1) FIRST TRACT. All of Section Four (4) and the East
3-7 Half (E 1/2) of Section Twenty-six (26) except that part of said
3-8 Sections lying south of the north right-of-way line of State
3-9 Highway No. 290 as same now exists; and the South Half (S 1/2) of
3-10 Section Twenty-five (25), all in Block D-6; and containing 1387.66
3-11 acres more or less, and all easements appurtenant thereto, together
3-12 with any improvements and personal property related therein;
3-13 (2) SECOND TRACT. A strip of land adjacent to and
3-14 extending fifty (50) feet in width on each side of the following
3-15 described line: Commencing at the northeast corner of Section Five
3-16 (5), Block D-6; thence west along the north line of said Section
3-17 Five (5), a distance of two-hundred (200) feet; thence south at
3-18 right angles to said north line a distance of fifty (50) feet to
3-19 the point of beginning; thence continuing south at right angles to
3-20 said north line a distance of one-hundred sixty (160) feet, more or
3-21 less, to a point of curve; thence southwesterly on a curve to the
3-22 right with a radius of nine-hundred forty-two and twenty-nine
3-23 hundredths (942.29) feet, a distance of one-thousand three-hundred
3-24 ninety-six (1396) feet, more or less, to a point of intersection
3-25 with line parallel with and seventy-five (75) feet northeasterly
4-1 from, measured at right angles to, the centerline of the main track
4-2 of the South Plains and Sante Fe Railway Company, containing 3.57
4-3 acres, more or less, and all easements appurtenant thereto,
4-4 together with any improvements and personal property related
4-5 therein;
4-6 (3) THIRD TRACT (Radio Transmitter Site). A parcel of
4-7 land described as beginning at the northwest corner of the
4-8 southwest quarter (SW 1/4) of Section Two (2), Block D-6; thence
4-9 east six-hundred sixty (660) feet, thence west six-hundred sixty
4-10 (660) feet, thence north six-hundred sixty (660) feet to the place
4-11 of beginning, containing ten (10) acres, more or less, and all
4-12 easements appurtenant thereto, together with any improvements and
4-13 personal property related therein;
4-14 (4) FOURTH TRACT (Radio Range Site). A certain parcel
4-15 of land described as beginning at the southwest corner of the east
4-16 half (E 1/2) of Section Thirty-eight (38), Block JS, thence north
4-17 five-hundred twenty-two (522) feet, thence east five-hundred (500)
4-18 feet, thence south five-hundred twenty-two (522) feet, thence west
4-19 five-hundred (500) feet to the point of beginning containing six
4-20 (6) acres, more or less, all easements appurtenant thereto,
4-21 together with any improvements and personal property related
4-22 therein;
4-23 (5) FIFTH TRACT (Terry County Auxiliary Air Field). A
4-24 parcel of land described as ...... and all easements appurtenant
4-25 thereto, together with any improvements and personal property
5-1 related therein.
5-2 SECTION 5. POWERS AND DUTIES OF THE AUTHORITY. (a) The
5-3 Authority created under this Act is hereby granted, has, and may
5-4 exercise all powers necessary or appropriate to carry out, achieve,
5-5 or effectuate the purpose of this Act, including, without
5-6 limitation, the following powers:
5-7 (1) to sue and be sued, and plead and be impleaded, in
5-8 its own name;
5-9 (2) to adopt an official seal and alter same when
5-10 deemed advisable and to adopt and enforce bylaws, rules, and
5-11 regulations, for the conduct of its affairs, not inconsistent with
5-12 the provisions of this Act;
5-13 (3) to acquire, hold, own, and dispose of its
5-14 revenues, income, receipts, funds, and money from every source, and
5-15 to select its depository or depositories;
5-16 (4) to acquire, own, rent, lease, accept, hold, or
5-17 dispose of any real, personal, or mixed property comprising the
5-18 Property, or any interest therein, in performing its duties and
5-19 exercising its powers under this Act, by purchase, exchange, gift,
5-20 assignment, condemnation, sale, lease, or otherwise, including
5-21 rights or easements, and to hold, manage, operate, or improve the
5-22 Property;
5-23 (5) to sell, assign, lease, encumber, mortgage, or
5-24 otherwise dispose of any real, personal, or mixed property
5-25 comprising the Property, or any interest therein, and release or
6-1 relinquish any right, title, claim, lien, interest, easement, or
6-2 demand however acquired, and to do any of the foregoing by public
6-3 or private sale, with or without public bidding, notwithstanding
6-4 the provisions of any other law, and to lease or rent any lands
6-5 within the Property and buildings, structures, or facilities
6-6 located thereon from or to any person, firm, corporation, city, or
6-7 other public agency or political subdivision to effectuate the
6-8 purposes of this Act;
6-9 (6) to request and to accept any appropriations,
6-10 grants, allocations, subsidies, guaranties, aid, contributions,
6-11 services, labor, materials, gifts or donations from the federal
6-12 government, the state, any city, public agency, political
6-13 subdivision, or any other sources;
6-14 (7) to operate and maintain an office, and to appoint,
6-15 and determine the duties, tenure, qualifications, and compensation
6-16 of such officers, employees, agents, and professional advisors, and
6-17 counselors, including, without limitation, financial consultants,
6-18 accountants, attorneys, architects, engineers, appraisers, and
6-19 financing experts, as are deemed necessary or advisable by the
6-20 Board;
6-21 (8) to borrow money;
6-22 (9) to fix and revise from time to time and charge and
6-23 collect rents, rates, fees and charges for its facilities and
6-24 services;
6-25 (10) to exercise those powers also as granted to
7-1 municipalities in Chapters 373 and 380 of the Local Government Code
7-2 for the development of housing and expansion of economic
7-3 development and commercial activity.
7-4 SECTION 6. EXEMPT FROM TAXATION. (a) The properties,
7-5 revenues and income of the Authority are exempt from all taxes
7-6 levied by the State or a political subdivision of the State.
7-7 SECTION 7. DISSOLUTION. (a) The Authority may be dissolved
7-8 by the Board upon approval of the City and County after all debts
7-9 or obligations have been duly satisfied or retired with such assets
7-10 of the Authority to be conveyed and/or transferred to the City and
7-11 the County in accordance with the initial proportion of funds
7-12 contributed by each. It is the intention of this Legislative
7-13 enactment that the Authority will be dissolved after conveyance and
7-14 sale of all of the Property.
7-15 SECTION 8. SUCCESSOR. (a) The Authority is the successor
7-16 in interest to the Lubbock Reese Redevelopment Authority
7-17 Corporation, a non-profit corporation organized under the Texas
7-18 Non-Profit Corporation Act, and shall succeed to all rights and
7-19 liabilities of the Corporation.
7-20 SECTION 9. SEVERABILITY. (a) If any word, phrase, clause,
7-21 paragraph, sentence, part, portion or provision of this Act or the
7-22 application thereof to any persons or circumstances shall be held
7-23 to be invalid or unconstitutional, the remainder of this Act shall
7-24 nevertheless be valid and the legislature hereby declares that this
7-25 Act would have been enacted without such invalid or
8-1 unconstitutional word, phrase, clause, paragraph, sentence, part,
8-2 portion, or provision.
8-3 SECTION 10. The importance of this legislation and the
8-4 crowded condition of the calendars in both houses create an
8-5 emergency and an imperative public necessity that the
8-6 constitutional rule requiring bills to be read on three several
8-7 days in each house be suspended, and this rule is hereby suspended,
8-8 and that this Act take effect and be in force from and after its
8-9 passage, and it is so enacted.