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AN ACT
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relating to the creation of the Harris County Municipal Utility |
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District No. 510; providing authority to impose a tax and issue |
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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 8240 to read as follows: |
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CHAPTER 8240. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT |
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NO. 510 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8240.001. 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 Harris County Municipal |
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Utility District No. 510. |
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Sec. 8240.002. NATURE OF DISTRICT. The district is a |
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municipal utility district in Harris County created under and |
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essential to accomplish the purposes of Section 52, Article III, |
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and Section 59, Article XVI, Texas Constitution. |
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Sec. 8240.003. CONFIRMATION ELECTION REQUIRED. If the |
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creation of the district is not confirmed at a confirmation |
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election held under Section 8240.023 before September 1, 2011: |
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(1) the district is dissolved September 1, 2011, |
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except that the district shall: |
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(A) pay any debts incurred; |
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(B) transfer to Harris County any assets that |
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remain after the payment of debts; and |
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(C) maintain the organization of the district |
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until all debts are paid and remaining assets are transferred; and |
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(2) this chapter expires September 1, 2014. |
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Sec. 8240.004. 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 made 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: |
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(1) the organization, existence, or validity of the |
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district; |
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(2) the right of the district to impose taxes; |
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(3) the validity of the district's bonds, notes, or |
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indebtedness; or |
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(4) the legality or operation of the district or the |
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board. |
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[Sections 8240.005-8240.020 reserved for expansion] |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 8240.021. TEMPORARY DIRECTORS. (a) On or after |
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September 1, 2007, a person who owns land in the district may submit |
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a petition to the Texas Commission on Environmental Quality |
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requesting that the commission appoint as temporary directors the |
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five persons named in the petition. |
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(b) The commission shall appoint as temporary directors the |
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five persons named in the first petition received by the commission |
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under Subsection (a). |
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(c) If a temporary director fails to qualify for office, the |
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commission shall appoint a person to fill the vacancy. |
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(d) Temporary directors serve until the earlier of: |
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(1) the date directors are elected under Section |
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8240.023; or |
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(2) the date this chapter expires under Section |
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8240.003. |
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Sec. 8240.022. ORGANIZATIONAL MEETING OF TEMPORARY |
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DIRECTORS. As soon as practicable after all the temporary |
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directors have qualified under Section 49.055, Water Code, the |
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temporary directors shall meet at a location in the district |
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agreeable to a majority of the directors. At the meeting, the |
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temporary directors shall elect officers from among the temporary |
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directors and conduct any other district business. |
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Sec. 8240.023. CONFIRMATION AND INITIAL DIRECTORS' |
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ELECTION. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five directors as |
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provided by Section 49.102, Water Code. |
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Sec. 8240.024. INITIAL ELECTED DIRECTORS; TERMS. The |
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directors elected under Section 8240.023 shall draw lots to |
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determine which two shall serve until the first regularly scheduled |
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election of directors and which three shall serve until the second |
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regularly scheduled election of directors. |
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Sec. 8240.025. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2014. |
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[Sections 8240.026-8240.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8240.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five directors. |
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(b) Directors serve staggered four-year terms. |
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[Sections 8240.052-8240.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8240.101. 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. 8240.102. ROAD PROJECTS. (a) To the extent authorized |
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by Section 52, Article III, Texas Constitution, the district may |
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construct, acquire, improve, maintain, or operate macadamized, |
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graveled, or paved roads or turnpikes, or improvements in aid of |
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those roads or turnpikes, inside the district. |
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(b) A road project must meet all applicable construction |
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standards, zoning and subdivision requirements, and regulations of |
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each municipality in whose corporate limits the district is |
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located. |
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Sec. 8240.103. DIVISION OF DISTRICT. (a) The district may |
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be divided into two new districts only if the district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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(b) The division procedure is prescribed by Sections 53.030 |
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through 53.041, Water Code. |
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(c) Any new district created by the division of the district |
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has all the powers and duties of the district. |
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(d) Any new district created by the division of the district |
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may not, at the time the new district is created, contain any land |
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outside the area described by Section 2 of the Act creating this |
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chapter. |
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Sec. 8240.104. COMPLIANCE WITH MUNICIPAL CONSENT |
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RESOLUTIONS. The district shall comply with all applicable |
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requirements of any ordinance or resolution adopted by the city |
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council of the City of Baytown. |
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[Sections 8240.105-8240.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8240.151. TAX TO REPAY BONDS. The district may impose |
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a tax to pay the principal of or interest on bonds or other |
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obligations issued under Section 8240.201. |
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[Sections 8240.152-8240.200 reserved for expansion] |
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SUBCHAPTER E. BONDS |
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Sec. 8240.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. (a) The district may issue bonds or other obligations |
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as provided by Chapters 49 and 54, Water Code, to finance the |
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construction, maintenance, or operation of a project under Section |
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8240.101 or 8240.102. |
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(b) The district may not issue bonds or other obligations to |
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finance projects authorized by Section 8240.102 unless the issuance |
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is approved by a vote of a two-thirds majority of the district |
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voters voting at an election held for that purpose. |
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(c) Bonds or other obligations issued or incurred to finance |
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projects authorized by Section 8240.102 may not exceed one-fourth |
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of the assessed value of the real property in the district. |
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SECTION 2. The Harris County Municipal Utility District No. |
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510 includes all the territory contained in the following area: |
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TRACT 1 |
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ALL THAT CERTAIN TRACT OR PARCEL OF LAND CONTAINING 116.133 ACRES |
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(5,058,773 SQUARE FEET) MORE OF LESS, BEING AN OVERALL DESCRIPTION |
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OF TRACTS 1, 2, 3,4 AND 5 AS DESCRIBED IN WARRANTY DEED WITH |
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VENDOR'S LIEN FROM VELMA, INC. TO GEORGE GILMAN, TRUSTEE, RECORDED |
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UNDER COUNTY CLERK'S FILE NO. F592126 OF THE OFFICIAL PUBLIC |
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RECORDS OF REAL PROPERTY, HARRIS COUNTY, TEXAS, SAID 116.133 ACRES |
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BEING COMPILED FROM DESCRIPTIONS ONLY, NO FIELD SURVEYING HAS BEEN |
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DONE, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS |
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FOLLOWS; |
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BEGINNING AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF |
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INTERSTATE HIGHWAY NO. 10, WITH THE WEST BOUNDARY LINE OF A 203 ACRE |
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TRACT KNOWN AS TRACT 4 OF THE GEORGE ELLIS SURVEY, ABSTRACT NO.21; |
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THENCE NORTH 10 DEGREES 30 MINUTES 10 SECONDS WEST A DISTANCE OF |
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2516.60 FEET; |
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THENCE SOUTH 79 DEGREES 05 MINUTES 30 SECONDS WEST A DISTANCE OF |
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17.79 FEET; |
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THENCE NORTH 10 DEGREES 54 MINUTES 30 SECONDS WEST A DISTANCE OF |
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687.30 FEET TO THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; |
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THENCE NORTH 79 DEGREES 23 MINUTES 30 SECONDS EAST 1238.32 FEET TO |
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THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; |
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THENCE SOUTH 10 DEGREES 54 MINUTES 30 SECONDS EAST A DISTANCE OF |
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2195.79 FEET TO AN INTERIOR CORNER OF THE HEREIN DESCRIBED TRACT; |
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THENCE NORTH 78 DEGREES 34 MINUTES 30 SECONDS EAST A DISTANCE OF |
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467.78 FEET TO A POINT IN THE WEST RIGHT-OF-WAY LINE OF A 60 FOOT |
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WIDE ROAD; |
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THENCE IN A SOUTHEASTERLY DIRECTION ALONG SAID ROAD RIGHT-OF-WAY |
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LINE WITH A CURVE TO THE LEFT HAVING A RADIUS OF 85.00 FEET, A |
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CENTRAL ANGLE OF 72 DEG. 55 MIN. 26 SEC., AN ARC LENGTH OF 108.18 |
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FEET AND HAVING A CHORD BEARING AND DISTANCE OF SOUTH 64 DEGREES 59 |
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MINUTES 26 SECONDS EAST, 101.03 FEET TO THE END OF SAID CURVE; |
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THENCE NORTH 78 DEGREES 34 MINUTES 30 SECONDS EAST ALONG THE SOUTH |
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LINE OF SAID ROAD RIGHT-OF-WAY LINE 846.20 FEET TO THE INTERSECTION |
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OF THE SOUTH LINE OF SAID 60 FOOT WIDE ROAD WITH THE WEST |
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RIGHT-OF-WAY LINE OF CEDAR-BAYOU-CROSBY ROAD (60 FEET WIDE); |
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THENCE SOUTH 11 DEGREES 25 MINUTES 30 SECONDS EAST ALONG THE WEST |
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LINE OF SAID CEDAR-BAYOU-CROSBY ROAD A DISTANCE OF 625.00 FEET; |
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THENCE SOUTH 78 DEGREES 34 MINUTES 30 SECONDS WEST A DISTANCE OF |
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250.30 FEET; |
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THENCE SOUTH 11 DEGREES 25 MINUTES 30 SECONDS EAST A DISTANCE OF |
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207.50 FEET TO THE NORTH RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY |
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NO. 10; |
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THENCE SOUTH 79 DEGREES 57 MINUTES 30 SECONDS WEST ALONG THE NORTH |
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LINE OF INTERSTATE HIGHWAY NO. 10 A DISTANCE OF 217.50 TO AN ANGLE |
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POINT; |
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THENCE SOUTH 69 DEGREES 57 MINUTES 30 SECONDS WEST ALONG THE NORTH |
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LINE OF INTERSTATE HIGHWAY NO. 10 A DISTANCE OF 103.66 TO THE |
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BEGINNING OF A CURVE; |
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THENCE IN A WESTERLY DIRECTION CONTINUING ALONG SAID HIGHWAY 10, |
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WITH A CURVE TO THE LEFT HAVING A RADIUS OF 6092.77 FEET, A CENTRAL |
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ANGLE OF 04 DEGREES 02 MINUTES 44 SECONDS, AN ARC LENGTH OF 430.21 |
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FEET, HAVING A CHORD BEARING AND DISTANCE OF SOUTH 77 DEGREES 05 |
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MINUTES 58 SECONDS WEST, 430.12 FEET TO THE END OF SAID CURVE; |
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THENCE SOUTH 75 DEGREES 54 MINUTES 30 SECONDS WEST CONTINUING ALONG |
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SAID HIGHWAY 10, A DISTANCE OF 1644.24 FEET TO THE PLACE OF |
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BEGINNING AND CONTAINING 116.13 ACRES (5,058,773 SQUARE FEET) MORE |
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OR LESS. SAID 116.133 ACRES BEING COMPILED FROM DESCRIPTIONS ONLY, |
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NO FIELD SURVEYING HAS BEEN DONE. |
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TRACT 2 |
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ALL THAT CERTAIN TRACT OR PARCEL OF LAND CONTAINING 455.708 ACRES |
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(19,850,652 SQUARE FEET) MORE OF LESS, BEING AN OVERALL DESCRIPTION |
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OF THE FOLLOWING FOUR TRACTS OF LAND, A CALLED 69.95 ACRE TRACT |
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DESCRIBED IN GENERAL WARRANTY DEED RECORDED UNDER HARRIS COUNTY |
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CLERK'S FILE NO. G061967, A CALLED 116.00 ACRE TRACT DESCRIBED |
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GENERAL WARRANTY DEED RECORDED UNDER HARRIS COUNTY CLERK'S FILE |
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NO. G061963, A CALLED 43.31 ACRE TRACT DESCRIBED IN SPECIAL |
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WARRANTY DEED WITH VENDOR'S LEIN RECORDED UNDER HARRIS COUNTY |
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CLERK'S FILE NO. T086062, AND A CALLED 226.453 ACRE TRACT DESCRIBED |
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UNDER HARRIS COUNTY CLERK'S FILE NO. G350652 SAID 455.708 ACRES |
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BEING COMPILED FROM |
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DESCRIPTIONS ONLY, NO FIELD SURVEYING HAS BEEN DONE, AND BEING MORE |
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PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS; |
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BEGINNING AT THE NORTHEAST CORNER OF SAID 226.453 ACRE TRACT IN THE |
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WEST RIGHT-OF-WAY LINE OF SJOLANDER ROAD AND BEING IN THE SOUTH LINE |
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OF A SAN JACINTO RIVER AUTORITY CANAL; |
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THENCE SOUTH 12 DEGREES 59 MINUTES 35 SECONDS EAST ALONG THE WEST |
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LINE OF SAID SJOLANDER ROAD A DISTANCE OF 2680.36 FEET TO THE |
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NORTHERLY SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT, BEING THE |
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NORTHEAST CORNER OF A CALLED 1.0 ACRE TRACT DESCRIBED IN |
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VOLUME 3142, PAGE 30 HARRIS COUNTY DEED RECORDS; |
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THENCE SOUTH 63 DEGREES 42 MINUTES 21 SECONDS WEST WITH THE NORTH |
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LINE OF SAID 1.0 ACRE TRACT A DISTANCE OF 223.99 FEET TO THE |
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NORTHWEST CORNER OF SAID 1.0 ACRE TRACT FOR A RE-ENTRANT CORNER OF |
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THE HEREIN DESCRIBED TRACT; |
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THENCE SOUTH 13 DEGREES 03 MINUTES 53 SECONDS EAST ALONG THE WEST |
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LINE OF SAID 1.0 ACRE TRACT A DISTANCE OF 200.00 FEET TO THE |
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SOUTHWEST CORNER OF SAID 1.0 ACRE TRACT AND THE SOUTHERLY SOUTHEAST |
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CORNER OF THE HEREIN DESCRIBED TRACT, LYING IN THE NORTH |
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RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 10 (WIDTH VARIES); |
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THENCE SOUTH 63 DEGREES 41 MINUTES 07 SECONDS WEST ALONG THE NORTH |
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LINE OF SAID INTERSTATE HIGHWAY 10 A DISTANCE OF 298.01 FEET TO THE |
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BEGINNING OF A CURVE; |
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THENCE IN AN WESTERLY DIRECTION CONTINUING ALONG THE NORTH LINE OF |
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SAID INTERSTATE HIGHWAY 10 WITH A CURVE TO THE RIGHT HAVING A RADIUS |
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OF 5456.18 FEET, A CENTRAL ANGLE OF 10 DEGREES 17 MINUTES 23 |
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SECONDS, AN ARC LENGTH OF 979.86 FEET, AND HAVING A CHORD BEARING |
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AND DISTANCE OF SOUTH 77 DEGREES 08 MINUTES 38 SECONDS WEST, 978.54 |
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FEET TO THE END OF SAID CURVE; |
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THENCE SOUTH 82 DEGREES 17 MINUTES 19 SECONDS WEST ALONG THE NORTH |
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LINE OF SAID INTERSTATE HIGHWAY 10 A DISTANCE OF 1858.84 FEET TO AN |
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ANGLE POINT IN THE NORTH LINE OF SAID INTERSTATE HIGHWAY 10; |
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THENCE SOUTH 82 DEGREES 12 MINUTES 00 SECONDS WEST CONTINUING ALONG |
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THE NORTH LINE OF SAID INTERSTATE HIGHWAY 10 A DISTANCE OF 2604.74 |
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FEET TO AN ANGLE POINT IN THE NORTH LINE OF SAID INTERSTATE HIGHWAY |
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10; |
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THENCE SOUTH 82 DEGREES 17 MINUTES 14 SECONDS WEST CONTINUING ALONG |
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THE NORTH LINE OF SAID INTERSTATE HIGHWAY 10 A DISTANCE OF 608.34 |
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FEET TO THE SOUTHWEST CORNER OF SAID 43.31 ACRE TRACT AND THE HEREIN |
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DESCRIBED TRACT, |
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AND BEING THE SOUTHEAST CORNER OF A CALLED 40 ACRE TRACT DESCRIBED |
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UNDER CLERK'S FILE NO. B460680; |
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THENCE NORTH 08 DEGREES 45 MINUTES 54 SECONDS WEST WITH THE EAST |
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LINE OF SAID CALLED 40 ACRE TRACT A DISTANCE OF 3087.70 FEET TO THE |
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NORTHWEST CORNER OF SAID 43.31 ACRE TRACT AND THE HEREIN DESCRIBED |
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TRACT; |
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THENCE NORTH 81 DEGREES 58 MINUTES 01 SECONDS EAST A DISTANCE OF |
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613.11 FEET TO THE NORTHEAST CORNER OF SAID 43.31 ACRE TRACT, FOR AN |
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ANGLE POINT OF THE HEREIN DESCRIBED TRACT; |
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THENCE SOUTH 08 DEGREES 43 MINUTES 32 SECONDS EAST A DISTANCE OF |
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0.51 FEET ALONG THE EAST LINE OF SAID 43.31 ACRE TRACT TO THE |
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NORTHWEST CORNER OF SAID 116.00 ACRE TRACT; |
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THENCE NORTH 82 DEGREES 11 MINUTES 59 SECONDS EAST A DISTANCE OF |
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2637.78 FEET TO THE NORTHEAST CORNER OF SAID 69.95 ACRE TRACT, IN |
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THE WEST LINE OF SAID 226.453 ACRE TRACT; |
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THENCE NORTH 08 DEGREES 06 MINUTES 47 SECONDS WEST WITH THE WEST |
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LINE OF SAID 226.453 ACRE TRACT A DISTANCE OF 16.52 FEET TO ITS |
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NORTHWEST CORNER; |
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THENCE NORTH 81 DEGREES 59 MINUTES 51 SECONDS EAST A DISTANCE OF |
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3084.62 FEET TO THE POINT OF BEGINNING AND CONTAINING 455.708 ACRES |
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(19,850,652 SQUARE FEET) MORE OR LESS. SAID 455.708 ACRES BEING |
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COMPILED FROM DESCRIPTIONS ONLY, NO FIELD SURVEYING HAS BEEN DONE. |
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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 on the date on or after |
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September 1, 2007, on which all of the territory described by |
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Section 2 of this Act is annexed into the City of Baytown. If the |
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annexation occurs before September 1, 2007, this Act takes effect |
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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. 4017 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. 4017 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 |