1-1 By: Duncan S.B. No. 1622 1-2 (In the Senate - Filed March 14, 1997; March 24, 1997, read 1-3 first time and referred to Committee on Veteran Affairs and 1-4 Military Installations; April 22, 1997, reported adversely, with 1-5 favorable Committee Substitute by the following vote: Yeas 5, Nays 1-6 0; April 22, 1997, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1622 By: Shapleigh 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the creation of the Lubbock Reese Redevelopment 1-11 Authority; granting the power of eminent domain. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Subtitle G, Title 10, Government Code, is amended 1-14 by adding Chapter 2310 to read as follows: 1-15 CHAPTER 2310. LUBBOCK REESE REDEVELOPMENT AUTHORITY 1-16 SUBCHAPTER A. GENERAL PROVISIONS 1-17 Sec. 2310.001. DEFINITIONS. In this subchapter: 1-18 (1) "Authority" means the Lubbock Reese Redevelopment 1-19 Authority. 1-20 (2) "Board" means the board of directors of the 1-21 authority. 1-22 (3) "County" means the County of Lubbock, Texas. 1-23 (4) "City" means the City of Lubbock, Texas. 1-24 (5) "Property" means land, improvements, and personal 1-25 property described in Section 2310.026. 1-26 (6) "Corporation" means the Lubbock Reese 1-27 Redevelopment Authority Corporation. 1-28 Sec. 2310.002. ESTABLISHMENT. The authority is established 1-29 as an authority and political subdivision of the State of Texas, 1-30 with boundaries coterminous with the boundaries of the real 1-31 property described in Section 2310.026, on adoption of resolutions 1-32 by both the city and the county authorizing the authority's 1-33 establishment. 1-34 Sec. 2310.003. BOARD. (a) The board shall consist of nine 1-35 members and is responsible for the management, operation, and 1-36 control of the authority. 1-37 (b) The board is composed of the following members: 1-38 (1) two members appointed by the governing body of the 1-39 city; 1-40 (2) two members appointed by the governing body of the 1-41 county; 1-42 (3) one member appointed by the South Plains 1-43 Association of Governments; and 1-44 (4) four at-large members appointed by the majority 1-45 vote of the members appointed under Subdivisions (1), (2), and (3). 1-46 (c) A vacancy on the board is filled in the same manner as 1-47 the original appointment. Each board member serves for a term of 1-48 two years. 1-49 (d) The members of the board shall elect from its membership 1-50 a person to serve as president and a person to serve as vice 1-51 president. The vice president shall preside in the absence of the 1-52 president. 1-53 (e) A majority of the members of the board shall constitute 1-54 a quorum for the transaction of business. 1-55 (f) The board shall adopt rules for its proceedings and may 1-56 employ and compensate persons to carry out the powers and duties of 1-57 the authority. 1-58 (Sections 2310.004-2310.020 reserved for expansion 1-59 SUBCHAPTER B. PURPOSE AND NATURE OF AUTHORITY; POWERS AND DUTIES 1-60 Sec. 2310.021. PURPOSE AND NATURE OF AUTHORITY. (a) The 1-61 authority is created to accept title from the United States to all 1-62 or any portion of the real, personal, and mixed property situated 1-63 within Reese Air Force Base, as described in Section 2310.026. 1-64 (b) The authority is a public political entity and corporate 2-1 body and exercises public and essential governmental functions. 2-2 (c) The exercise of a power granted by this chapter is for a 2-3 public purpose and is a matter of public necessity. 2-4 (d) The authority is a governmental unit under Chapter 101, 2-5 Civil Practice and Remedies Code, and the operations of the 2-6 authority are not proprietary functions for any purpose, including 2-7 the application of Chapter 101, Civil Practice and Remedies Code. 2-8 Sec. 2310.022. POWERS AND DUTIES OF THE AUTHORITY. (a) The 2-9 authority created under this chapter shall have and exercise all 2-10 the powers necessary or convenient to carry out this chapter or to 2-11 effect a purpose of this chapter including but not limited to the 2-12 following: 2-13 (1) to sue and be sued to the extent permitted by law, 2-14 and plead and be impleaded, in its own name. The authority may not 2-15 be required to give security for costs in a suit brought or 2-16 prosecuted by the authority and may not be required to give a 2-17 supersedeas or cost bond in an appeal of a judgment; 2-18 (2) to adopt an official seal and alter same when 2-19 deemed advisable and to adopt and enforce bylaws, rules, and 2-20 regulations for the conduct of its affairs not inconsistent with 2-21 the provisions of this chapter; 2-22 (3) to acquire, hold, own, and dispose of its 2-23 revenues, income, receipts, funds, and money from every source and 2-24 to select its depository or depositories, to set the fiscal year 2-25 for the authority, to establish a complete system of accounts for 2-26 the authority, and to invest funds in accordance with the 2-27 requirements of Chapter 2256; 2-28 (4) to acquire, use, own, rent, lease, accept, hold, 2-29 or dispose of any real, personal, or mixed property, licenses, 2-30 patents, rights, and other interest therein, by purchase, exchange, 2-31 gift, assignment, condemnation, sale, lease, or any other means, 2-32 including rights-of-way or easements, and to hold, manage, operate, 2-33 or improve said property, in order to perform the duties and 2-34 exercise any of the powers under this chapter. The authority may 2-35 acquire by eminent domain any interest in real property including a 2-36 fee simple interest and the use of air or subsurface space. 2-37 Chapter 21, Property Code, applies to an eminent domain proceeding 2-38 by the authority; 2-39 (5) to sell, assign, lease, encumber, mortgage, or 2-40 otherwise dispose of any real, personal, or mixed property 2-41 comprising the property, or any interest therein, and release or 2-42 relinquish any right, title, claim, lien, interest, easement, or 2-43 demand, however acquired, and to do any of the foregoing by public 2-44 or private sale, notwithstanding the provisions of any other law, 2-45 and to lease or rent any lands and buildings, structures, or 2-46 facilities located on the property to any person, firm, 2-47 corporation, or public entity or political subdivision to 2-48 effectuate the purposes of this chapter; 2-49 (6) to request and to accept any appropriations, 2-50 grants, allocations, subsidies, guaranties, aid, contributions, 2-51 services, labor, materials, gifts, donations, or funds from the 2-52 federal government, the state, any city, public agency, or 2-53 political subdivision, or any other sources; 2-54 (7) to operate and maintain an office and to appoint 2-55 and determine the duties, tenure, qualifications, compensation, and 2-56 removal of such officers, employees, agents, and professional 2-57 advisors, and counselors, including, without limitation, financial 2-58 consultants, accountants, attorneys, architects, engineers, 2-59 appraisers, and financing experts, as are deemed necessary or 2-60 advisable by the board; 2-61 (8) to borrow money; 2-62 (9) to fix and revise from time to time and charge and 2-63 collect rents, rates, fees, and charges for its facilities and 2-64 services; 2-65 (10) to exercise those powers also as granted to 2-66 municipalities in Chapter 380, Local Government Code, for the 2-67 expansion of economic development and commercial activity; and 2-68 (11) to adopt an annual operating budget for all major 2-69 expenditures before the beginning of the fiscal year. 3-1 Sec. 2310.023. EXEMPT FROM TAXATION. The properties, 3-2 revenues, and income of the authority are exempt from all taxes 3-3 levied by the state or a political subdivision of the state. 3-4 Sec. 2310.024. DISSOLUTION. (a) The authority shall be 3-5 dissolved when all the functions of the authority are performed and 3-6 completed, and on approval of the city and county after all debts 3-7 or obligations have been duly satisfied or retired with its assets. 3-8 Any remaining assets of the authority shall be conveyed or 3-9 transferred to the city and the county in accordance with the 3-10 initial proportion of funds contributed by each. It is the 3-11 intention of the legislature that the authority be dissolved after 3-12 conveyance and sale of all of the property. 3-13 Sec. 2310.025. SUCCESSOR. The authority is the successor in 3-14 interest to the Lubbock Reese Redevelopment Authority Corporation, 3-15 a nonprofit corporation organized under the Texas Non-Profit 3-16 Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil 3-17 Statutes), and shall succeed to all rights and liabilities of the 3-18 corporation. 3-19 Sec. 2310.026. DESCRIPTION OF TRACTS. (1) FIRST TRACT. 3-20 All of Section Four (4) and the East Half (E 1/2) of Section 3-21 Twenty-six (26) except that part of said Sections lying south of 3-22 the north right-of-way line of State Highway No. 290 as same now 3-23 exists; and the South Half (S 1/2) of Section Twenty-five (25), all 3-24 in Block D-6; and containing 1387.66 acres more or less, and all 3-25 easements appurtenant thereto, together with any improvements and 3-26 personal property related therein; 3-27 (2) SECOND TRACT. A strip of land adjacent to and 3-28 extending fifty (50) feet in width on each side of the following 3-29 described line: Commencing at the northeast corner of Section Five 3-30 (5), Block D-6; thence west along the north line of said Section 3-31 Five (5), a distance of two-hundred (200) feet; thence south at 3-32 right angles to said north line a distance of fifty (50) feet to 3-33 the point of beginning; thence continuing south at right angles to 3-34 said north line a distance of one-hundred sixty (160) feet, more or 3-35 less, to a point of curve; thence southwesterly on a curve to the 3-36 right with a radius of nine-hundred forty-two and twenty-nine 3-37 hundredths (942.29) feet, a distance of one-thousand three-hundred 3-38 ninety-six (1396) feet, more or less, to a point of intersection 3-39 with line parallel with and seventy-five (75) feet northeasterly 3-40 from, measured at right angles to, the centerline of the main track 3-41 of the South Plains and Santa Fe Railway Company, containing 3.57 3-42 acres, more or less, and all easements appurtenant thereto, 3-43 together with any improvements and personal property related 3-44 therein; 3-45 (3) THIRD TRACT (Radio Transmitter Site). A parcel of 3-46 land described as beginning at the northwest corner of the 3-47 southwest quarter (SW 1/4) of Section Two (2), Block D-6; thence 3-48 east six-hundred sixty (660) feet, thence west six-hundred sixty 3-49 (660) feet, thence north six-hundred sixty (660) feet to the place 3-50 of beginning, containing ten (10) acres, more or less, and all 3-51 easements appurtenant thereto, together with any improvements and 3-52 personal property related therein; 3-53 (4) FOURTH TRACT (Radio Range Site). A certain parcel 3-54 of land described as beginning at the southwest corner of the east 3-55 half (E 1/2) of Section Thirty-eight (38), Block JS, thence north 3-56 five-hundred twenty-two (522) feet, thence east five-hundred (500) 3-57 feet, thence south five-hundred twenty-two (522) feet, thence west 3-58 five-hundred (500) feet to the point of beginning containing six 3-59 (6) acres, more or less, all easements appurtenant thereto, 3-60 together with any improvements and personal property related 3-61 therein; 3-62 (5) FIFTH TRACT (Terry County Auxiliary Air Field). A 3-63 parcel of land situated in Section 27, Block E, E.L. & R.R. Co. 3-64 Survey, County of Terry, State of Texas, being more particularly 3-65 described as follows: beginning at a 1/2" iron rod in the south 3-66 line of Section 27 that bears west, a distance of 1820 feet from 3-67 the section corner common to Sections 27 and 30, Block E for the 3-68 southeast corner of this tract; Thence north 88 35' west, along the 3-69 south line of said Section 27, a distance of 1870 feet to a 1/2" 4-1 iron rod for the southwest corner of this tract; Thence north 02 4-2 23' east, a distance of 5195.4 feet to a 1/2" iron rod set under a 4-3 fence for the northwest corner of this tract; Thence south 88 33' 4-4 east, along an east-west fence line, a distance of 100 feet to a 4-5 point; Thence south 2 23' west, a distance of 200 feet to a 1/2" 4-6 iron pipe for an inside corner of this tract; Thence south 88 33' 4-7 east, a distance of 1770 feet to a 1/2" iron pipe for the northeast 4-8 corner of this tract which bears south, a distance of 200 feet from 4-9 an east-west fence; Thence south 02 23' west, a distance of 4993.2 4-10 feet to the point of beginning, containing an area of 214.86 acres, 4-11 more or less, and all easements appurtenant thereto, together with 4-12 any improvements and personal property related therein. 4-13 (6) SIXTH TRACT (Terry County Auxiliary Air Field). A 4-14 parcel of land situated in Section 30, Block E, E.L. & R.R. R.R. 4-15 Co. Survey, County of Terry, State of Texas, being more 4-16 particularly described as: Beginning at a 1/2" iron rod in a line 4-17 common to the north line of Section 30 and the south line of 4-18 Section 27 which bears west, a distance of 1820 feet from the 4-19 section corner common to Sections 27 and 30, Block E for the 4-20 northeast corner of this tract; Thence south 02 23' west, a 4-21 distance of 5208.1 feet to a point for the southeast corner of this 4-22 tract which bears west, a distance of 1835.5 feet form the 4-23 southeast corner of Section 30; Thence north 88 55' west, along an 4-24 east-west fence on the south line of Section 30, a distance of 1855 4-25 feet to a point for the southwest corner of this tract; Thence 4-26 north 43 16' west, a distance of 21.5 feet to a 1/2" iron rod, set 4-27 for a corner of this tract, which bears north, a distance of 15 4-28 feet from an east-west fence; Thence north 02 23' east, a distance 4-29 of 5203.4 feet to a 1/2" iron rod for the northwest corner of this 4-30 tract which bears east, a distance of 1590 feet from the northwest 4-31 corner of Section 30; Thence south 88 35' east, along the north 4-32 line of Section 30, a distance of 1870 feet to the point of 4-33 beginning, containing an area of 223.80 acres, more or less, and 4-34 all easements appurtenant thereto, together with any improvements 4-35 and personal property related therein. 4-36 (7) SEVENTH TRACT (Terry County Auxiliary Air Field). 4-37 A parcel of land situated in Section 33, Block E, E. L. & R. R. 4-38 R.R. Co. Survey, County of Terry, State of Texas, being more 4-39 particularly described as follows: Beginning at a point under a 4-40 fence along the north line of Section 33 that bears west, a 4-41 distance of 1835.5 feet form a 2" iron pipe marking the northeast 4-42 corner of Section 33; Thence south 02 23' west, a distance of 400 4-43 feet to a 1/2" reinforcing rod for the southeast corner of this 4-44 tract; Thence north 88 55' west, along a line parallel to and 400 4-45 feet south of an east-west fence along the north line of Section 4-46 33, a distance of 1455 feet to a 1/2" iron rod for the southwest 4-47 corner of this tract; Thence north 43 16' west. a distance of 558.7 4-48 feet to a point for the northwest corner of this tract; Thence 4-49 south 88 55' east, with an east-west fence along the north line of 4-50 Section 33, a distance of 1855 feet to the northeast corner of this 4-51 tract and the point of beginning, containing an area of 15.20 4-52 acres, more or less, and all easements appurtenant thereto, 4-53 together with any improvements and personal property related 4-54 therein. 4-55 (8) EIGHTH TRACT (Terry County Auxiliary Air Field). 4-56 A parcel of land situated in Section 33, Block E, E.L. & R.R. 4-57 Railroad Co., Survey, County of Terry, State of Texas, being more 4-58 particularly described as follows: Beginning at a point that bears 4-59 west, a distance of 1835.5 feet and south 02 23' west, a distance 4-60 of 400 feet from the northeast corner of Section 33, Block E, E.L. 4-61 & R.R. Railroad Co., Survey; thence south 02 23' west, a distance 4-62 of 1500 feet; thence north 88 55' west, parallel to the north line 4-63 of Section 33, a distance of 1870 feet; thence north 02 23' east, a 4-64 distance of 1890.55 feet; thence south 88 55' east, a distance of 4-65 15.34 feet; thence south 43 16' east, a distance of 558.70 feet; 4-66 thence south 88 55' east, a distance of 1455.14 feet to the point 4-67 of beginning, containing 66.34 acres, more or less, and all 4-68 easements appurtenant thereto, together with any improvements and 4-69 personal property related therein. 5-1 SECTION 2. If any word, phrase, clause, paragraph, sentence, 5-2 part, portion, or provision of this Act or the application thereof 5-3 to any persons or circumstances shall be held to be invalid or 5-4 unconstitutional, the remainder of this Act shall nevertheless be 5-5 valid and the legislature declares that this Act would have been 5-6 enacted without such invalid or unconstitutional word, phrase, 5-7 clause, paragraph, sentence, part, portion, or provision. 5-8 SECTION 3. The importance of this legislation and the 5-9 crowded condition of the calendars in both houses create an 5-10 emergency and an imperative public necessity that the 5-11 constitutional rule requiring bills to be read on three several 5-12 days in each house be suspended, and this rule is hereby suspended, 5-13 and that this Act take effect and be in force from and after its 5-14 passage, and it is so enacted. 5-15 * * * * *