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AN ACT
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relating to the creation of the Fort Bend County Municipal Utility |
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District No. 190; providing authority to impose a tax and issue |
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bonds. |
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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 8233 to read as follows: |
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CHAPTER 8233. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 190 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8233.001. 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 Fort Bend County Municipal |
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Utility District No. 190. |
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Sec. 8233.002. 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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8233.102 and Section 52, Article III, Texas Constitution, has road |
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powers. |
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Sec. 8233.003. 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. 8233.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
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All 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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(b) The district is created to accomplish: |
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(1) the purposes of a municipal utility district as |
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provided by general law; and |
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(2) to the extent authorized by Section 52, Article |
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III, Texas Constitution, the financing, construction, or |
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acquisition of road projects. |
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Sec. 8233.005. 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 8233.006-8233.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8233.051. 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. 8233.052. INITIAL DIRECTORS. (a) The initial board |
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consists of: |
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(1) Phil Mullan; |
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(2) Shannon M. Frederick; |
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(3) Barbara D. Colihan; |
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(4) Randy Young; and |
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(5) Ronald D. Petersen. |
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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 8233.053-8233.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8233.101. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. (a) 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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(b) The district has the powers and duties necessary to |
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accomplish the purposes for which the district is created. |
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Sec. 8233.102. ROAD PROJECTS. (a) Under Section 52, |
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Article III, Texas Constitution, a district may finance, construct, |
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or acquire a road project as provided by this section. |
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(b) 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. |
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(c) 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. 8233.103. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
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OR RESOLUTION. The district shall comply with all applicable |
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requirements of any ordinance or resolution, adopted by the |
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governing body of a municipality under Section 54.016, Water Code, |
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that consents to the creation of the district or to the inclusion of |
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land in the district. |
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[Sections 8233.104-8233.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8233.151. 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 to finance a road |
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project under Section 8233.102 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. 8233.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8233.151, 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 8233.153-8233.200 reserved for expansion] |
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SUBCHAPTER E. BONDS |
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Sec. 8233.201. 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. 8233.202. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds, notes, or other |
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obligations issued or incurred to finance a road project under |
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Section 8233.102 may not exceed one-fourth of the assessed value of |
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real property in the district according to the most recent |
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appraisal roll for Fort Bend County. |
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Sec. 8233.203. TAXES FOR BONDS. At the time bonds payable |
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wholly or partly from ad 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 as the interest |
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becomes due; |
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(B) create a sinking fund for the payment of the |
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principal of the bonds when due or the redemption price at any |
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earlier required redemption date; and |
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(C) pay the expenses of imposing the taxes. |
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SECTION 2. The Fort Bend County Municipal Utility District |
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No. 190 initially includes all the territory contained in the |
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following area: |
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Being 794.4 acres of land located in the Leonard Burknapp |
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Survey, Abstract-108, the Hugh Rogers Survey, Abstract-309, the |
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Benjamin Orsburn Survey, Abstract-390, and the Day Land and Cattle |
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Company Survey, Abstract-451, Fort Bend County, Texas; said 794.4 |
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acre tract being all of a called 15.5 acre save and except tract |
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retained by TXI Operations, LP., and out of a called 1,095.0 acre |
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tract, recorded in the name of Terravista Lakes, LLC, under Fort |
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Bend County Clerk's File Number (F.B.C.C.F.No.) 2006064288; said |
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794.4 acre tract being more particularly described by metes and |
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bounds as follows (bearings based on the Texas State Plane |
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Coordinate System, South Central Zone, NAD 83): |
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COMMENCING at the southwest corner of said 1,095.0 acre |
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tract, being in the center of Harlem Road, and in the north line of a |
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called 463.25 acre tract recorded in the name of Joseph A. Bono Jr., |
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Trustee, under F.B.C.C.F.No. 9545430; |
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THENCE, along the west line of said 1,095.0 acre tract, North |
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02 degrees 07 minutes 17 seconds West, a distance of 2,431.25 feet, |
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to an angle point; |
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THENCE, continuing along the west line of said 1,095.0 acre |
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tract, and the center of said Harlem Road, North 02 degrees 03 |
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minutes 06 seconds West, a distance of 50.15 feet, to a point in the |
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proposed north right-of-way (R.O.W.) line of Beechnut Street |
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(proposed 100 feet in width), for the southwest corner and POINT OF |
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BEGINNING of the herein described tract; |
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THENCE, continuing along the west line of said 1,095.0 acre |
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tract, and the center of said Harlem Road, North 02 degrees 03 |
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minutes 06 seconds West, a distance of 7,748.81 feet, to the |
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northwest corner of said 1,095.0 acre tract, and the southwest |
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corner of a called 5.056 acre tract recorded in the name of Fort |
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Bend County Toll Road Authority under F.B.C.C.F.No. 2004049483, for |
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the northwest corner of the herein described tract; |
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THENCE, along northerly lines of said 1,095.0 acre tract, |
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being southerly lines of said 5.056 acre tract, the following four |
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(4) courses: |
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1. North 88 degrees 00 minutes 56 seconds East, a distance |
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of 24.83 feet, to an angle point; |
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2. North 40 degrees 32 minutes 01 seconds East, a distance |
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of 21.00 feet, to an inner corner; |
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3. North 83 degrees 04 minutes 08 seconds East, a distance |
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of 1,411.35 feet, to an angle point; |
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4. North 87 degrees 45 minutes 00 seconds East, a distance |
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of 116.96 feet, to the northwest corner of a called 11.322 acre |
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tract recorded in the name of Fort Bend County Toll Road Authority, |
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under Fort Bend County Clerk's File Number (F.B.C.C.F.No.) |
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2004049483, for an angle point of the herein described tract; |
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THENCE, along westerly, southerly, and easterly lines of said |
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11.322 acre tract, the following five (5) courses: |
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1. South 28 degrees 52 minutes 09 seconds West, a distance |
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of 1,124.24 feet, to the point of curvature of a tangent curve to |
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the left; |
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2. 116.21 feet along the arc of said curve to the left, |
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having a radius of 78.00 feet, through a central angle of 85 degrees |
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21 minutes 42 seconds, with a chord bearing of South 13 degrees 48 |
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minutes 42 seconds East, a distance of 105.75 feet, to the point of |
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tangency; |
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3. South 56 degrees 29 minutes 33 seconds East, a distance |
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of 284.60 feet, to the point of curvature of a tangent curve to the |
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left; |
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4. 136.86 feet along the arc of said curve to the left, |
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having a radius of 78.00 feet, through a central angle of 100 |
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degrees 31 minutes 51 seconds, with a chord bearing of North 73 |
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degrees 14 minutes 31 seconds East, a distance of 119.97 feet, to |
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the point of tangency; |
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5. North 22 degrees 58 minutes 36 seconds East, a distance |
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of 1,329.10 feet, to the northeast corner of said 11.322 acre tract, |
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the southeast corner of said 5.056 acre tract, and the southwest |
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corner of a called 5.379 acre tract recorded in the name of Fort |
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Bend County Toll Road Authority under F.B.C.C.F.No. 2004049483, for |
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an angle point of the herein described tract; |
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THENCE, along northerly lines of said 1,095.0 acre tract, |
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being southerly lines of said 5.379 acre tract, the following five |
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(5) courses: |
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1. North 87 degrees 44 minutes 19 seconds East, a distance |
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of 176.73 feet, to an angle point; |
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2. North 83 degrees 04 minutes 51 seconds East, a distance |
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of 135.68 feet, to an angle point; |
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3. North 67 degrees 26 minutes 19 seconds East, a distance |
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of 196.03 feet, to an angle point; |
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4. North 83 degrees 04 minutes 27 seconds East, a distance |
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of 1,250.52 feet, to an angle point; |
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5. North 79 degrees 52 minutes 29 seconds East, a distance |
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of 709.72 feet, to the northerly northeast corner of said 1,095.0 |
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acre tract, and the southeasterly corner of said 5.379 acre tract, |
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being in the west line of a called 3.4238 acre tract, being an 85 |
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foot wide drainage easement, recorded in the name of Fort Bend |
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County, under F.B.C.C.F.No. 8741250, for the northeast corner of |
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the herein described tract; |
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THENCE, along the northerly east line of said 1,095.0 acre |
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tract, and the west line of said 3.4238 acre tract, South 03 degrees |
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02 minutes 36 seconds East, a distance of 1,796.66 feet, to the |
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northwest corner of a called 4.8853 acre, 50-foot wide right-of-way |
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(R.O.W.), recorded in the name of S/C Management #99, Ltd., in |
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Volume 614, Page 389, Fort Bend County Deed Records, for an angle |
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point; |
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THENCE, continuing along the northerly east line of said |
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1,095.0 acre tract, and the west line of said 3.4238 acre tract, and |
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the west line of a called 2.702 acre, 50-foot wide temporary |
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drainage easement recorded in the name of Fort Bend County, under |
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F.B.C.C.F.No. 2001047405, South 03 degrees 16 minutes 55 seconds |
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East, a distance of 100.02 feet, to the southwest corner of said |
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2.702 acre tract, and the northwest corner of Twin Oaks Village, |
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Sec. 6, a subdivision plat of which is recorded under Plat Number |
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(P.No.) 20040013, Fort Bend County Plat Records (F.B.C.P.R.), for |
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an angle point; |
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THENCE, along a northerly east line of said 1,095.0 acre |
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tract, and the west line of said Twin Oaks Village, Sec. 6, and the |
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west line of Twin Oaks Village, Sec. 9, a subdivision plat of which |
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is recorded under P.No. 20040035, F.B.C.P.R., at approximately |
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1,118.79 feet pass an angle point in the east line of a called 17.63 |
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acre drainage easement recorded in the name of Fort Bend County |
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Municipal Utility Distreict No. 30, under F.B.C.C.F.No. |
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2005022422, and along the east line of said 17.63 acre tract, South |
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03 degrees 27 minutes 25 seconds East, a distance of 3,992.49 feet, |
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to an inner corner of said 1,095.0 acre tract, and being the |
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southwest corner of said Twin Oaks Village, Sec. 9, for an angle |
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point; |
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THENCE, through and across said 1,095.0 acre tract, and along |
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the east lines of said 17.63 acre tract, the following five (5) |
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courses: |
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1. South 03 degrees 27 minutes 57 seconds East, a distance |
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of 722.86 feet, to an angle point; |
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2. South 40 degrees 46 minutes 28 seconds East, a distance |
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of 439.31 feet, to the point of curvature of a tangent curve to the |
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right; |
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3. 371.44 feet along the arc of said curve to the right, |
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having a radius of 350.00 feet, through a central angle of 60 |
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degrees 48 minutes 22 seconds, with a chord bearing of South 10 |
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degrees 22 minutes 17 seconds East, a distance of 354.26 feet, to |
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the point of tangency; |
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4. South 20 degrees 01 minutes 54 seconds West, a distance |
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of 361.65 feet, to the point of curvature of a tangent curve to the |
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left; |
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5. 146.82 feet along the arc of said curve to the left, |
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having a radius of 600.00 feet, through a central angle of 14 |
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degrees 01 minutes 14 seconds, with a chord bearing of South 13 |
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degrees 01 minutes 17 seconds West, a distance of 146.46 feet, to a |
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point in the extended north line of a called 100-foot by 200-foot |
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tract recorded in the name of R.C. Darrough, et.al., Trustee, in |
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Volume 86, Page 350, Fort Bend County Deed Records, for an angle |
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point of the herein described tract; |
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THENCE, along said extended north line, North 87 degrees 49 |
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minutes 30 seconds East, a distance of 46.97 feet, to an inner |
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corner of said 1,095.0 acre tract, and the northwest corner of said |
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100-foot by 200-foot tract, for an angle point of the herein |
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described tract; |
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THENCE, along an east line of said 1,095.0 acre tract, and the |
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west line of said 100-foot by 200-foot tract, South 02 degrees 49 |
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minutes 45 seconds East, a distance of 200.91 feet, to a point in |
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the north R.O.W. line of said Beechnut Street, for the southeast |
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corner of the herein described tract; |
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THENCE, through and across said 1,095.0 acre tract, and along |
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the north R.O.W. line of said Beechnut Street, the following three |
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(3) courses: |
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1. South 87 degrees 48 minutes 26 seconds West, a distance |
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of 1,420.93 feet, to the point of curvature of a tangent curve to |
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the left; |
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2. 114.14 feet along the arc of said curve to the left, |
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having a radius of 2,050.0 feet, through a central angle of 03 |
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degrees 11 minutes 24 seconds, with a chord bearing of South 86 |
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degrees 12 minutes 44 seconds West, a distance of 114.12 feet, to |
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the point of tangency. |
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3. South 84 degrees 37 minutes 02 seconds West, a distance |
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of 3,181.23 feet, to the POINT OF BEGINNING, and containing 794.4 |
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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. 4024 was passed by the House on May |
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11, 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. 4024 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 |