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AN ACT
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relating to the creation of the Southeast Montgomery County |
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Municipal Utility District No. 1; providing authority to impose a |
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tax and issue bonds; granting the power of eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8241 to read as follows: |
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CHAPTER 8241. SOUTHEAST MONTGOMERY COUNTY MUNICIPAL UTILITY |
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DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8241.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Director" means a board member. |
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(3) "District" means the Southeast Montgomery County |
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Municipal Utility District No. 1. |
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Sec. 8241.002. NATURE OF DISTRICT. (a) The district is a |
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municipal utility district created under and essential to |
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accomplish the purposes of Section 59, Article XVI, Texas |
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Constitution. |
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(b) The district, to the extent authorized by Section |
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8241.103 and Section 52, Article III, Texas Constitution, has road |
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powers. |
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Sec. 8241.003. CONFIRMATION ELECTION REQUIRED. The board |
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shall hold an election to confirm the creation of the district as |
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provided by Section 49.102, Water Code. |
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Sec. 8241.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. All |
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land and other property in the district will benefit from the |
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improvements and services to be provided by the district. |
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Sec. 8241.005. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act creating this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act creating this chapter form a closure. A mistake in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for a purpose for |
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which the district is created or to pay the principal of and |
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interest on the bond; |
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(3) right to impose an assessment or tax; or |
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(4) legality or operation. |
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[Sections 8241.006-8241.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8241.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Directors serve staggered four-year terms. |
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Sec. 8241.052. INITIAL DIRECTORS. (a) The initial board |
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consists of: |
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(1) Brad J. Dubros; |
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(2) Bill E. Slezer; |
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(3) Ronnie Christian; |
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(4) Norman Stalarow; and |
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(5) Marlon Doerre. |
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(b) Unless the initial board agrees otherwise, the initial |
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directors shall draw lots to determine which two shall serve until |
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the first regularly scheduled election of directors and which three |
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shall serve until the second regularly scheduled election of |
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directors. |
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(c) This section expires September 1, 2014. |
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[Sections 8241.053-8241.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8241.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 8241.102. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 8241.103. ROAD PROJECTS. (a) Under Section 52, |
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Article III, Texas Constitution, the district may finance, |
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construct, or acquire a road project as provided by this section. |
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(b) The district shall employ or contract with a licensed |
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engineer to certify whether a proposed road project meets the |
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criteria for a thoroughfare, arterial, or collector road of: |
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(1) a county in whose jurisdiction the proposed road |
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project is located; or |
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(2) a municipality in whose corporate limits or |
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extraterritorial jurisdiction the proposed road project is |
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located. |
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(c) The district may finance, construct, or acquire a road |
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that has been certified by the licensed engineer as a thoroughfare, |
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arterial, or collector road, or any improvements in aid of the |
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certified road. |
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(d) A road project must meet all applicable standards, |
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regulations, ordinances, or orders of: |
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(1) each municipality in whose corporate limits or |
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extraterritorial jurisdiction the road project is located; and |
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(2) each county in which the road project is located if |
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the road project is not located in the corporate limits of a |
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municipality. |
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(e) The district may, with the consent of the municipality |
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or county, convey a completed road project to: |
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(1) a municipality in whose corporate limits or |
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extraterritorial jurisdiction the road project is located; or |
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(2) a county in which the road project is located. |
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Sec. 8241.104. COMPLIANCE WITH MUNICIPAL CONSENT |
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RESOLUTION. The district shall comply with all applicable |
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requirements of any resolution, adopted by the governing body of a |
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municipality under Section 54.016, Water Code, that consents to the |
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creation of the district or to the inclusion of land in the |
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district. |
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Sec. 8241.105. RECREATIONAL FACILITIES; LIMIT ON EMINENT |
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DOMAIN POWER. (a) In this section, "recreational facilities" and |
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"develop and maintain" have the meanings assigned by Section |
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49.462, Water Code. |
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(b) The district may develop and maintain recreational |
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facilities. |
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(c) The district may not, for the development or maintenance |
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of a recreational facility, acquire by condemnation land, an |
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easement, or other property inside or outside the district. |
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[Sections 8241.106-8241.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8241.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
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district may issue, without an election, bonds and other |
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obligations secured by revenue or contract payments from a source |
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other than ad valorem taxation. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of district voters voting at an |
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election held for that purpose. |
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Sec. 8241.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8241.151, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district as provided by Chapter 49.107, Water Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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[Sections 8241.153-8241.200 reserved for expansion] |
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SUBCHAPTER E. BONDS |
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Sec. 8241.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, grants, or other district money, or any combination of |
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those sources, to pay for any authorized district purpose. |
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Sec. 8241.202. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of a bond, note, or other |
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obligation issued or incurred to finance a road project may not |
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exceed one-fourth of the assessed value of real property in the |
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district according to the most recent certified tax appraisal roll |
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for Montgomery County. |
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Sec. 8241.203. BONDS FOR RECREATIONAL FACILITIES. If |
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authorized at an election under Section 8241.151, the district may |
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issue bonds payable from ad valorem taxes to pay for the development |
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and maintenance of recreational facilities. |
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Sec. 8241.204. TAXES FOR BONDS AND OTHER OBLIGATIONS. At |
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the time bonds or other obligations payable wholly or partly from ad |
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valorem taxes are issued: |
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(1) the board shall impose a continuing direct annual |
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ad valorem tax, without limit as to rate or amount, for each year |
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that all or part of the bonds are outstanding; and |
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(2) the district annually shall impose an ad valorem |
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tax on all taxable property in the district in an amount sufficient |
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to: |
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(A) pay the interest on the bonds or other |
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obligations as the interest becomes due; |
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(B) create a sinking fund for the payment of the |
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principal of the bonds or other obligations when due or the |
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redemption price at any earlier required redemption date; and |
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(C) pay the expenses of imposing the taxes. |
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SECTION 2. The Southeast Montgomery County Municipal |
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Utility District No. 1 initially includes all the territory |
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contained in the following area: |
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BEING 314.951 ACRES OF LAND IN THE AUGUSTUS V. SHARP SURVEY, A-481, |
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THE P. HUNTER SURVEY, A-273, MONTGOMERY COUNTY, TEXAS, SAID 314.951 |
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ACRES BEING DESCRIBED MORE PARTICULARLY AS FOLLOWS: |
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BEGINNING at a 1/2" iron rod found for the Northwest corner of the |
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Mark W. Martin, Trustee 120.00 acre tract of land deed of which is |
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recorded under County Clerk's File Number 2005-044315, Montgomery |
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County Real Property Records, in the South line of the Mark W. |
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Martin and Tom Martin 107.212 acre tract of land deed of which is |
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recorded under County Clerk's File Number 2006-051346, Montgomery |
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County Real Property Records; |
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THENCE N. 86° 55' 02" E., along the North line of the 120.00 acre |
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tract, the South line of the 107.212 acre tract for a distance of |
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1,672.66 feet to a 3/4" iron pipe found for the Southeast corner of |
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the 107.212 acre tract, the Northeast corner of the said 120.00 acre |
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tract; |
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THENCE N. 02° 55' 11" W., along the East line of the 107.212 acre |
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tract passing at 1,226.85 feet a 3/4" iron pipe found for reference |
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and continuing in all for a distance of 1,229.30 feet to the Lower |
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Northeast corner of the 107.212 acre tract, the Northwest corner of |
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the herein described tract, in the centerline of White Oak Creek; |
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THENCE along said centerline generally in a Southerly direction as |
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follows; |
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1. S. 52° 24' 16" E., 68.57 feet, |
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2. S. 49° 07' 11" E., 13.18 feet, |
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3. S. 77° 41' 34" E., 11.30 feet, |
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4. S. 66° 29' 25" E., 21.81 feet, |
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5. S. 07° 28' 04" E., 14.97 feet, |
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6. S. 15° 05' 07" E., 22.51 feet, |
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7. S. 31° 49' 21" E., 16.59 feet, |
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8. S. 62° 45' 08" E., 19.74 feet, |
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9. S. 36° 28' 44" E., 34.33 feet, |
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10. S. 54° 19' 16" E., 16.56 feet, |
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11. S. 47° 39' 18" E., 41.25 feet, |
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12. S. 57° 32' 35" E., 19.76 feet, |
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13. N. 84° 15' 11" E., 18.30 feet, |
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14. S. 38° 26' 55" E., 56.62 feet, |
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15. S. 84° 42' 06" E., 38.91 feet, |
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16. S. 38° 56' 56" E., 62.83 feet, |
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17. S. 04° 28' 48" W., 21.41 feet, |
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18. S. 44° 05' 05" E., 35.05 feet, |
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19. S. 08° 32' 56" E., 32.48 feet, |
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20. S. 86° 52' 35" W., 22.61 feet, |
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21. S. 21° 47' 29" E., 24.21 feet, |
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22. S. 37° 21' 20" E., 19.50 feet, |
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23. S. 48° 31' 17" E., 66.39 feet, |
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24. S. 56° 54' 01" E., 37.31 feet, |
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25. S. 56° 22' 48" E., 37.35 feet, |
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26. S. 54° 40' 56" E., 99.58 feet, |
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27. S. 52° 23' 53" E., 91.94 feet, |
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28. S. 48°08' 24" E., 74.36 feet, |
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29. S. 86° 48' 40" E., 25.06 feet, |
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30. S. 51° 09' 25" E., 28.28 feet, |
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31. S. 45° 39' 42" E., 36.95 feet, |
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32. S. 36° 31' 54" E., 38.73 feet, |
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33. S. 60° 40' 24" E., 55.81 feet, |
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34. S. 34° 08' 12" E., 19.90 feet, |
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35. S. 27° 22' 32" E., 59.72 feet, |
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36. S. 72° 15' 28" E., 39.29 feet, |
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37. S. 62° 15' 55" E., 55.06 feet, |
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38. S. 46° 19' 59" E., 54.06 feet, |
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39. N. 89° 43' 40" E., 25.74 feet, |
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40. S. 48° 23' 01" E., 24.31 feet, |
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41. S. 46° 16' 06" E., 21.83 feet, |
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42. S. 44° 21' 16" E., 37.11 feet to the Northeast corner of the |
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herein described tract, same being the Northwest corner of the Mark |
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W. Martin 48.580 acre tract of land deed of which is recorded under |
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County Clerk's File Number 2001-059696, Montgomery County Real |
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Property Records; |
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THENCE S. 02° 45' 34" E., leaving said centerline along the West line |
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of the 48.580 acre tract for a distance of 4,039.22 feet to a 1/2" |
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iron rod found for its Southwest corner, the Southeast corner of the |
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herein described tract, in the North line of Timberland Estates |
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Section 2, a Subdivision, map of which is recorded in Cabinet J, |
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Sheet 30, Montgomery County Map Records |
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THENCE S. 87° 14' 26" W., along the North line of Timberland Estates, |
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Section 2 for a distance of 3,643.40 feet to a 5/8" iron rod found |
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for the Northwest corner of Timberland Estates, Section 2, the |
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Southeast corner of the Mark W. Martin, Trustee and Tom A. Martin, |
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Trustee 44.762 acre tract of land deed of which is recorded under |
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County Clerk's File Number 2004-066018, Montgomery County Real |
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Property Records, same being the Northeast corner of the Mark W. |
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Martin, Trustee and Tom A. Martin, Trustee 24.393 acre tract of land |
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deed of which is recorded under County Clerk's File Number |
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2004-066018, Montgomery County Real Property Records; |
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THENCE S. 48° 47' 01" W., along the Southeast line of the 24.393 acre |
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tract, the Northwest line of Timberland Estates, Section 2 passing |
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at 6.54 feet a 1/2" iron rod found for the Lower Northwest corner of |
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said Section 2, the Northeast corner of Timberland Estates, Section |
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1, a Subdivision, map of which is recorded in Cabinet I, Sheet 10, |
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Montgomery County Map Records and continuing in all for a distance |
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of 2,154.65 feet to a 1/2" iron rod found for the South corner of the |
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24.393 acre tract, the South corner of the herein described tract; |
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THENCE N. 41° 14' 24" W., along the west line of the 24.393 acre |
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tract for a distance of 586.94 feet to a 5/8" iron rod found for |
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corner; |
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THENCE N. 48° 47' 01" E., for a distance of 420.42 feet to a 5/8" iron |
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rod found for corner; |
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THENCE N. 08° 35' 37" E., for a distance of 78.52 feet to a 5/8" iron |
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rod found for corner; |
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THENCE N. 48° 45' 36" E., for a distance of 120.00 feet to a 5/8" iron |
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rod set for corner; |
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THENCE S. 41° 14' 24" E., for a distance of 339.73 feet to a 5/8" iron |
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rod found for corner; |
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THENCE N. 48° 42' 03" E., for a distance of 290.00 feet to a 5/8" iron |
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rod found for corner; |
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THENCE N. 41° 14' 24" W., for a distance of 682.83 feet to a 5/8" iron |
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rod found for corner; |
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THENCE S. 87° 17' 38" W., for a distance of 230.30 feet to a 5/8" iron |
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rod found for the beginning of a curve to the left; |
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THENCE in a Southwesterly direction along said curve to the left |
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having a radius of 368.62 feet, a central angle of 25° 22' 17" for an |
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arc length of 163.23 feet, chord bears S. 74° 36' 30" W., 161.90 feet |
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to a 5/8" iron rod found for the end of curve; |
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THENCE S. 61° 43' 41" W., for a distance of 32.46 feet to a 5/8" iron |
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rod found for corner; |
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THENCE in a Northwesterly direction along a curve to the right |
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having a radius of 330.00 feet, a central angle of 03° 02' 07" for an |
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arc length of 17.48 feet, chord bears N. 32° 51' 56" W., 17.48 feet |
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to a 5/8" iron rod found for the end of curve; |
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THENCE N. 34° 22' 58" W., for a distance of 50.00 feet to a 5/8" iron |
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rod found for corner; |
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THENCE in a Northwesterly direction along a curve to the right |
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having a radius of 570.00 feet, passing at 18.91 feet a 5/8" iron |
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rod found for the Southeast corner of Cumberland Crossing, Section |
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1, a Subdivision, map of which is recorded in Cabinet X, Sheet 155, |
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Montgomery County Map Records, same being the Southeast corner of |
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Horseshoe Drive and continuing in all for an arc length of 58.64 |
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feet, a central angle of 05° 53' 40" chord bears N. 31° 26' 19" W., |
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58.61 feet to a 5/8" iron rod found for the end of curve; |
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THENCE N. 28° 29' 17" W., continuing along the East line of Horseshoe |
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Drive for a distance of 60.30 feet to a 5/8" iron rod found for the |
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beginning of a curve to the right; |
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THENCE in a Northeasterly direction continuing with the East line |
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of Horseshoe drive along said curve to the right having a radius of |
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20.00 feet, a central angle of 90° 00' 00" for an arc length of 31.42 |
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feet, chord bears N. 16° 30' 43" E., 28.28 feet to a 5/8" iron rod |
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found for the end of curve, at the Southeast corner of Painted |
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Boulevard, ( 60' ); |
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THENCE N. 61° 30' 43" E., for a distance of 21.41 feet to a 5/8" iron |
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rod found for the beginning of a curve to the right; |
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THENCE in a Northeasterly direction along said curve to the right |
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having a radius of 570.00 feet, a central angle of 25° 46' 55" for an |
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arc length of 256.49 feet, chord bears N. 74° 24' 11" E., 254.33 feet |
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to a 5/8" iron rod found for the end of curve; |
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THENCE N. 87° 17' 38" E., for a distance of 716.03 feet to a 5/8" iron |
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rod found for corner; |
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THENCE N. 02° 42' 22" W., for a distance of 490.46 feet to a 5/8" iron |
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rod found for corner, in the North line of the said 44.762 acre |
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tract, the South line of the Alfredo F. Manuel Jr; and wife Maria C. |
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Manuel 230.00 acre tract of land deed of which is recorded under |
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County Clerk's File Number 9467115, Montgomery County Real Property |
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Records; |
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THENCE N. 86° 55' 27" E., along the above mentioned lines for a |
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distance of 2.060.78 feet to a 1/2" iron rod found for the Southwest |
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corner of the said 120.00 acre tract; |
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THENCE N. 02° 55' 13" W., along the West line of the 120.00 acre |
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tract for a distance of 3,125.33 feet to the POINT OF BEGINNING and |
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containing in all 314.951 acres of land. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3998 was passed by the House on May 9, |
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2007, by the following vote: Yeas 144, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3998 was passed by the Senate on May |
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23, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |