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.