| 1 | 1 | | S.C.R. No. 59 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | SENATE CONCURRENT RESOLUTION |
|---|
| 5 | 5 | | WHEREAS, MBP Corp. alleges that: |
|---|
| 6 | 6 | | (1) in May 1990, the Board of Trustees of the Galveston |
|---|
| 7 | 7 | | Wharves entered into a lease and development agreement with The |
|---|
| 8 | 8 | | Woodlands Corporation; |
|---|
| 9 | 9 | | (2) in January 1993, The Woodlands Corporation |
|---|
| 10 | 10 | | assigned all of its rights, title, and interest in the lease to |
|---|
| 11 | 11 | | Strand Harborside Joint Venture, a Texas joint venture of The |
|---|
| 12 | 12 | | Woodlands Corporation and MBP Corp.; |
|---|
| 13 | 13 | | (3) in January 1994, The Woodlands Corporation |
|---|
| 14 | 14 | | assigned all of its interest in the joint venture to MBP Corp., |
|---|
| 15 | 15 | | effectively dissolving the joint venture, and leaving MBP Corp. as |
|---|
| 16 | 16 | | the successor in interest to the lease; |
|---|
| 17 | 17 | | (4) under the terms of the lease, MBP Corp., as |
|---|
| 18 | 18 | | successor in interest to the lease, would develop tourist-related |
|---|
| 19 | 19 | | facilities at its own cost within a time frame dictated by the Board |
|---|
| 20 | 20 | | of Trustees of the Galveston Wharves while paying rent to the board |
|---|
| 21 | 21 | | for the property, and on termination of the lease, all developments |
|---|
| 22 | 22 | | made by MBP Corp. would be owned by the Board of Trustees of the |
|---|
| 23 | 23 | | Galveston Wharves; |
|---|
| 24 | 24 | | (5) the property affected by the lease includes the |
|---|
| 25 | 25 | | rooftop of the Mallory Building, also known as the Galveston Cruise |
|---|
| 26 | 26 | | Ship Terminal, and the aerial rights above the Mallory Building; |
|---|
| 27 | 27 | | (6) in 1999 and in 2003, the Board of Trustees of the |
|---|
| 28 | 28 | | Galveston Wharves and MBP Corp. negotiated amendments to the lease |
|---|
| 29 | 29 | | agreement; |
|---|
| 30 | 30 | | (7) the parties have a dispute over the lease; |
|---|
| 31 | 31 | | (8) in addition, other disputes have developed between |
|---|
| 32 | 32 | | MBP Corp. and the Board of Trustees of the Galveston Wharves over |
|---|
| 33 | 33 | | the lease; |
|---|
| 34 | 34 | | (9) MBP Corp. seeks legislative approval to file suit |
|---|
| 35 | 35 | | in order to resolve any and all disputes between the parties |
|---|
| 36 | 36 | | regarding the lease; now, therefore, be it |
|---|
| 37 | 37 | | RESOLVED by the Legislature of the State of Texas, That MBP |
|---|
| 38 | 38 | | Corp. is granted permission to sue the Board of Trustees of the |
|---|
| 39 | 39 | | Galveston Wharves subject to Chapter 107, Civil Practice and |
|---|
| 40 | 40 | | Remedies Code; and, be it further |
|---|
| 41 | 41 | | RESOLVED, That the Chairman of the Board of Trustees of the |
|---|
| 42 | 42 | | Galveston Wharves be served process as provided by Subdivision (3), |
|---|
| 43 | 43 | | Subsection (a), Section 107.002, Civil Practice and Remedies Code. |
|---|
| 44 | 44 | | ______________________________ ______________________________ |
|---|
| 45 | 45 | | President of the Senate Speaker of the House |
|---|
| 46 | 46 | | I hereby certify that S.C.R. No. 59 was adopted by the Senate |
|---|
| 47 | 47 | | on May 19, 2009, by the following vote: Yeas 24, Nays 6. |
|---|
| 48 | 48 | | ______________________________ |
|---|
| 49 | 49 | | Secretary of the Senate |
|---|
| 50 | 50 | | I hereby certify that S.C.R. No. 59 was adopted by the House |
|---|
| 51 | 51 | | on June 1, 2009, by the following vote: Yeas 117, Nays 20, four |
|---|
| 52 | 52 | | present not voting. |
|---|
| 53 | 53 | | ______________________________ |
|---|
| 54 | 54 | | Chief Clerk of the House |
|---|
| 55 | 55 | | Approved: |
|---|
| 56 | 56 | | ______________________________ |
|---|
| 57 | 57 | | Date |
|---|
| 58 | 58 | | ______________________________ |
|---|
| 59 | 59 | | Governor |
|---|