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AN ACT
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relating to the creation of Cade Ranch Water Control and |
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Improvement District No. 1 of Galveston County; providing authority |
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to impose a tax and issue bonds; granting the power of eminent |
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domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle I, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 9009 to read as follows: |
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CHAPTER 9009. CADE RANCH WATER CONTROL AND IMPROVEMENT DISTRICT |
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NO. 1 OF GALVESTON COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 9009.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the board of directors of the |
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district. |
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(2) "Director" means a member of the board. |
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(3) "District" means Cade Ranch Water Control and |
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Improvement District No. 1 of Galveston County. |
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Sec. 9009.002. NATURE OF DISTRICT. The district is a water |
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control and improvement district in Galveston County created under |
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and essential to accomplish the purposes of Section 59, Article |
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XVI, Texas Constitution. |
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Sec. 9009.003. 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 9009.024 before September 1, 2011: |
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(1) the district is dissolved September 1, 2011, |
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except that: |
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(A) any debts incurred shall be paid; |
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(B) any assets that remain after the payment of |
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debts shall be transferred to Galveston County; and |
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(C) the organization of the district shall be |
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maintained until all debts are paid and remaining assets are |
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transferred; and |
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(2) this chapter expires September 1, 2014. |
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Sec. 9009.004. 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 9009.005-9009.020 reserved for expansion] |
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SUBCHAPTER A1. TEMPORARY PROVISIONS |
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Sec. 9009.021. 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 Texas Commission on Environmental Quality shall |
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appoint as temporary directors the five persons named in the first |
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petition received by the commission under Subsection (a). |
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(c) If a temporary director fails to qualify for office, the |
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Texas Commission on Environmental Quality shall appoint a person to |
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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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9009.024; or |
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(2) the date this chapter expires under Section |
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9009.003. |
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Sec. 9009.022. 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. If a location cannot be |
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agreed upon, the meeting shall be at the Galveston County |
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Courthouse. At the meeting, the temporary directors shall elect |
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officers from among the temporary directors and conduct any other |
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district business. |
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Sec. 9009.023. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 9009.024 |
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until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located, if any, has |
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adopted a resolution consenting to the creation of the district. |
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Sec. 9009.024. 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. 9009.025. INITIAL ELECTED DIRECTORS; TERMS. The |
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directors elected under Section 9009.024 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 under Section 9009.052 and which three shall |
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serve until the second regularly scheduled election of directors. |
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Sec. 9009.026. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2014. |
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[Sections 9009.027-9009.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 9009.051. DIRECTORS; 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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Sec. 9009.052. ELECTION OF DIRECTORS. On the uniform |
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election date in May of each even-numbered year, the appropriate |
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number of directors shall be elected. |
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[Sections 9009.053-9009.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 9009.101. WATER CONTROL AND IMPROVEMENT DISTRICT |
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POWERS AND DUTIES. The district has the powers and duties provided |
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by the general law of this state, including Chapters 49 and 51, |
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Water Code, applicable to water control and improvement districts |
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created under Section 59, Article XVI, Texas Constitution, |
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including Section 51.331, Water Code. |
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Sec. 9009.102. ROAD PROJECTS. (a) To the extent |
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authorized by Section 52, Article III, Texas Constitution, the |
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district may construct, acquire, improve, maintain, or operate |
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macadamized, graveled, or paved roads or turnpikes, or improvements |
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in aid of those roads or turnpikes, inside the district. |
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(b) A road project must meet or exceed all applicable |
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construction standards, zoning and subdivision requirements, and |
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regulatory ordinances of each municipality in whose corporate |
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limits or extraterritorial jurisdiction the district is located. |
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If the district is located outside the extraterritorial |
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jurisdiction of a municipality, a road project must meet all |
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applicable construction standards, zoning and subdivision |
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requirements, and regulatory ordinances of each county in which the |
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district is located. |
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(c) The district may not undertake a road project unless |
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each municipality in whose corporate limits or extraterritorial |
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jurisdiction the district is located consents by ordinance or |
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resolution. If the district is located outside the |
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extraterritorial jurisdiction of a municipality, the district may |
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not undertake a road project unless each county in which the |
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district is located consents by ordinance or resolution. |
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Sec. 9009.103. POWERS AND DUTIES FOR NAVIGATION PURPOSES. |
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The district may purchase, construct, acquire, own, operate, |
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maintain, improve, or extend inside and outside the district |
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canals, waterways, bulkheads, docks, and any other improvements or |
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facilities necessary or convenient to accomplish the navigation |
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purposes of the district under Chapters 60 and 62, Water Code, and |
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authorized by Section 59, Article XVI, Texas Constitution. |
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Sec. 9009.104. DIVISION OF THE DISTRICT. (a) The district |
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may 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 prescribed in Sections |
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53.030-53.034, 53.040, and 53.041, Water Code, applies to the |
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district. Notwithstanding Section 9009.101, Sections |
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51.748-51.753, Water Code, do not apply to the district. |
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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) At the time of creation, any new district created by the |
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division of the district may not contain any land outside the area |
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described by Section 2 of the Act creating this chapter. |
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Sec. 9009.105. DISSOLUTION OF DISTRICT. Notwithstanding |
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Section 43.071, Local Government Code, or any other general law, |
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prior to December 31, 2017, the district may be dissolved only upon |
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approval of the board of directors of the district and the approval |
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of the governing body of each city or town within whose corporate |
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limits or extraterritorial jurisdiction the district lies. |
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[Sections 9009.106-9009.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 9009.151. TAX TO REPAY BONDS. The district may impose |
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a tax to pay the principal of or interest on bonds issued under |
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Section 9009.201. |
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[Sections 9009.152-9009.200 reserved for expansion] |
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SUBCHAPTER E. BONDS |
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Sec. 9009.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. (a) The district may issue bonds or other |
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obligations as provided by Chapters 49 and 51, Water Code, to |
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finance the construction, maintenance, or operation of projects |
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under Sections 9009.101 and 9009.102. |
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(b) The district may not issue bonds to finance projects |
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authorized by Section 9009.102 unless the issuance is approved by a |
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vote of a two-thirds majority of the voters of the district voting |
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at an election called 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 9009.102 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. Cade Ranch Water Control and Improvement |
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District No. 1 of Galveston County initially includes all the |
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territory contained in the following area: |
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Survey of part of the John Andrews Survey A-23, German Emigration |
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Company Survey A-74, German Emigration Company Survey A-73, Frank |
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Passano Survey A-166, Frank Passono A-165, Alexander Edgar Survey |
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A-61, Elias Stone Survey A-188, Alexander Edgar A-62, and being |
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more particularly described by metes and bounds as follows: |
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BEGINNING at the Southwest corner of the said Alexander Edgar |
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Survey A-61 being in the East line of the Joseph Dunman Survey and |
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at the Mean High Water line of the Gulf of Mexico; |
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THENCE N 25°53'29"W, along the common Dunman and Edgar lines, at a |
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distance of 497.43 feet passing a found 1" I pipe marking the |
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Northerly line of State Highway No. 87, for a total distance of |
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7115.23 feet to a found 3" I pipe marking the Northwest corner of |
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the said Alexander Edgar Survey A-61 and the Southwest corner of the |
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B.T. Masterson Survey; |
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THENCE N 64°12'43" E, a distance of 1866.10 feet (called 1866.67') |
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to a found 1 1/2" i pipe marking the Northeast corner of the said |
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Alexander Edgar Survey A-61 and the Northwest corner of the |
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Alexander Edgar Survey A-62; |
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THENCE S 25°53'34" E, along the common Edgar line, a distance of |
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5598.47 feet to a found 2" I pipe marking the Southwest corner of |
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the Northwest 240 acres of the said Alexander Edgar Survey A-62; |
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THENCE N 64°06'53" E, a distance of 1866.37 feet (Called 1866.67') |
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to the West line of the Frank Passano A-166; |
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THENCE N 25°52'59" W, along the common Edgar and Passano line, a |
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distance of 5592.68 feet to a found 3/4" I rod marking the Northeast |
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corner of the Alexander Edgar Survey A-61; |
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THENCE S 64°36'30" W, a distance of 699.92 feet to a found 3" |
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concrete monument marking the Southeast corner of the said |
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Masterson Survey: |
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THENCE N 25°52'57" W, along the common Masterson and Passono line, a |
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distance of 2308.47 feet to a found 3" concrete monument marking the |
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Northwest corner of the said Frank Passano A-166 and the Southwest |
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corner of SF 7139; |
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THENCE N 58°50'51" E, along the common Passono and SF 7139 line, a |
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distance of 920.83 feet: |
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THENCE N 30°05'51" E, a distance of 1952.99 feet to the West line of |
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the German Emigration Survey A-73; |
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THENCE N 25°53'32" W, along the said German Emigration Survey A-73 |
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West line, a distance of 485.91 feet to its Northwest corner and the |
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South corner of the Frank Passono A-165 and a found ½" I rod in |
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concrete: |
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THENCE N 72°08'42" W, along the Passano West line and the East line |
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of SF 7139 and USA tract S 105 A-667, a distance of 1116.67 feet; |
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THENCE N 02°53'42" W, a distance of 825.0 feet; |
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THENCE N 67°06'18" E, along the Passano North line, a distance of |
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3111.11 feet; |
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THENCE N 77°29'31" E, along the Passano North line, a distance of |
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2355.14 feet to the Northwest corner of the Issac Lowrie Survey and |
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the Northeast corner of the Passano Survey in the middle of a bayou; |
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THENCE crossing said bayou, S 25°53'32" E, a distance of 866.41 feet |
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to the Northeast corner of German Emigration Survey A-74 in the said |
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bayou: |
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THENCE continuing S 25°53'32" E, a distance of 1145.79 feet to the |
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Northwest corner of the John Andrews Survey A-23 and the Southwest |
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corner of the said Issac Lowie Survey: |
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THENCE N 64°33'48" E, along the North line of the John Andrews Survey |
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and the Elias Stone Survey and the South line of the said Issac |
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Lowie Survey, at a distance of 160 feet crossing a bayou, at a |
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distance of 3810 feet crossing a bayou, at a distance of 7735 feet |
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crossing a bayou, a total distance of 8231.94 feet to a found 5/8 " I |
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rod marking the Northeast corner of the remainder portion of the |
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Stone Survey and from which a found "Yount Lee Monument" marking the |
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Northeast corner of the Nicholas Fitzsimmons Survey was found N |
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64°33'48" E a distance of 4504.42 feet and a 5/8" I rod marking the |
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Northwest corner of the Fitzsimmons and the Northeast corner of the |
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Stone was found N 64°33'48" E a distance of 1864.08 feet: |
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THENCE S 25°53'32" E, at a distance of 3095.57 feet passing the |
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interior East corner of the said Stone and the Northwest corner of |
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the Wm Hudson Survey, at a distance of 9459.95 passing a found 2" I |
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pipe marking the intersection of the common line of the Stone and |
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Hudson Survey and the Northerly line of State Highway No. 87, for a |
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total distance of 9899.00 feet to the Mean High Water line of the |
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Gulf of Mexico: |
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THENCE along the said Mean High Water line, the following courses |
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(L-1) S 64°02'42" W, a distance of 575.22 feet: |
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(L-2) S 63°50'42" W, a distance of 494.89 feet: |
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(L-3) S 63°16'31" W, a distance of 499.98 feet: |
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(L-4) S 65°12'08" W, a distance of 528.51 feet: |
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(L-5) S 63°57'11" W, a distance of 521.49 feet: |
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(L-6) S 63°54'27" W, a distance of 548.00 feet: |
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(L-7) S 62°45'33" W, a distance of 553.19 feet to the Southwest |
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corner of the Stone Survey and the Southeast corner of the George |
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Hodge Survey: |
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THENCE N 25°56'15" W, along the common Stone and Hodge line, at a |
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distance of 371.93 feet passing a found brass rod in concrete in the |
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Southerly Right-of-way line of State Highway No. 87, a total |
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distance of 6675.46 feet to a found ½" I rod in concrete marking the |
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Northeast corner of the said Hodge Survey: |
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THENCE S 64°33'45" W , along the common Stone and Hodge line, a |
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distance of 1866.67 feet to the Northwest corner of the said Hodge |
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Survey in the East line of the said Andrew Survey: |
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THENCE S 25°56'15" E, along the common Hodge and Andrews line, at a |
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distance of 6316.73 feet passing a found ½" I rod in the Northerly |
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line of State Highway No. 87, a total distance of 6602.64 feet to |
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the said Mean High Water line of the Gulf of Mexico: |
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THENCE along the said Mean High Water line, the following courses, |
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(L-8) S 64°55'34" W, a distance of 226.88 feet: |
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(L-9) S 64°08'47" W, a distance of 604.26 feet: |
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(L-10) S 64°50'25" W, a distance of 441.59 feet: |
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(L-11) S 64°17'20" W, a distance of 1040.26 feet: |
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(L-12) S 64°45'52" W, a distance of 513.03 feet: |
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(L-13) S 64°46'54" W, a distance of 481.88 feet: |
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(L-14) S 64°35'20" W, a distance of 965.94 feet: |
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(L-15) S 64°45'05" W, a distance of 549.87 feet: |
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(L-16) S 64°40'39" W, a distance of 1022.67 feet: |
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(L-17) S 64°36'18" W, a distance of 463.83 feet: |
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(L-18) S 64°12'56" W, a distance of 519.57 feet: |
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(L-19) S 64°45'11" W, a distance of 1015.97 feet: |
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(L-20) S 64°48'38" W, a distance of 446.23 feet: |
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(L-21) S 64°19'15" W, a distance of 550.14 feet: |
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(L-22) S 63°38'24" W, a distance of 441.93 feet: |
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(L-23) S 63°10'08" W, a distance of 549.74 feet: |
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(L-24) S 64°45'38" W, a distance of 470.20 feet: |
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(L-25) S 62°10'44" W, a distance of 520.78 feet: |
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(L-26) S 65°42'19" W, a distance of 471.99 feet: |
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(L-27) S 62°29'53" W, a distance of 534.49 feet: |
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(L-28) S 64°13'43" W, a distance of 575.28 feet: |
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(L-29) S 62°49'50" W, a distance of 345.86 feet: |
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(L-30) S 58°29'31" W, a distance of 296.81 feet: |
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(L-31) S 67°13'24" W, a distance of 83.09 feet to the POINT OF |
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BEGINNING and containing a calculated area of 3,821.03 acres part |
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of which is tidal and subject to the rights of the State of Texas, |
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and including 46.43 acres within the said State Highway No. 87 |
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right-of-way. |
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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 September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1071 passed the Senate on |
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May 8, 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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I hereby certify that S.B. No. 1071 passed the House on |
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May 23, 2007, by the following vote: Yeas 144, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |