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relating to the creation of the Harris County Municipal Utility |
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District No. 540; granting a limited power of eminent domain; |
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providing authority to issue bonds; providing authority to impose |
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assessments, fees, and taxes. |
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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 7910 to read as follows: |
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CHAPTER 7910. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 540 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7910.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the Harris County Municipal |
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Utility District No. 540. |
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Sec. 7910.002. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 7910.003. CONFIRMATION AND DIRECTORS' ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 7910.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 7910.003 |
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until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district. |
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Sec. 7910.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
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(a) The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 7910.006. 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 enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting 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 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 the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 7910.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Except as provided by Section 7910.052, directors serve |
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staggered four-year terms. |
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Sec. 7910.052. TEMPORARY DIRECTORS. (a) On or after the |
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effective date of the Act enacting this chapter, the owner or owners |
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of a majority of the assessed value of the real property in the |
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district may submit a petition to the commission requesting that |
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the commission appoint as temporary directors the five persons |
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named in the petition. The commission shall appoint as temporary |
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directors the five persons named in the petition. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 7910.003; or |
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(2) the fourth anniversary of the effective date of |
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the Act enacting this chapter. |
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(c) If permanent directors have not been elected under |
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Section 7910.003 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 7910.003; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 7910.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 7910.102. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 7910.103. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, operate, |
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maintain, and convey to this state, a county, or a municipality for |
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operation and maintenance macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 7910.104. ROAD STANDARDS AND REQUIREMENTS. (a) A |
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road project must meet all applicable construction standards, |
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zoning and subdivision requirements, and regulations of each |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction the road project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 7910.105. 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 that is adopted under |
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Section 54.016 or 54.0165, Water Code, and that consents to the |
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creation of the district or to the inclusion of land in the |
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district. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 7910.151. ELECTIONS REGARDING TAXES OR BONDS. |
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(a) The district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 7910.153. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 7910.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 7910.151, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district in accordance with Section 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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Sec. 7910.153. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 7910.201. 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, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 7910.202. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 7910.203. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Harris County Municipal Utility District No. |
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540 initially includes all the territory contained in the following |
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area: |
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TRACT 1 |
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BEING 159.65 acres of land situated in the H. & T. C. R. R. Co. |
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Survey, Section 47, Block 2, Abstract Number 440, Harris County, |
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Texas, being all of that certain called 159.6531 acres conveyed to |
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Cunningham Interests, II, Ltd by deed recorded under Harris County |
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Clerk's File Number (H.C.C.F. No.) 20110175218, said 159.65 acre |
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tract being more particularly described by metes and bounds as |
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follows: |
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BEGINNING at a MAG Nail with shiner stamped "COSTELLO" found |
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for the Southeast corner of said 159.6531 acre tract and being in |
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the pavement of Stockdick School Road (width unknown) also being in |
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the centerline of Peek road (60-foot wide) as referenced in Volume |
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996, Page 491 of the Harris County Deed Records; |
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THENCE, S 87° 58' 23" W, a distance of 2,582.65 feet along |
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said Stockdick Road to the Southwest corner of said 159.6531 acre |
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tract; |
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THENCE, along the lines common to said 159.6531 acre tract |
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and the remainder of a called 160 acre tract described in Volume |
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1494, Page 230 of the Harris County Deed Records the following two |
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(2) courses and distances: |
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N 04° 45' 03" W, a distance of 309.54 feet to a 5/8-inch |
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iron rod with cap stamped "COSTELLO INC. RPLS 4416" found for |
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an interior ell corner of said 159.6531 acre tract; |
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S 88° 22' 39" W, a distance of 42.85 feet to the |
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Northeast corner of a called 3.00 acre tract described and |
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recorded under H.C.C.F. No. D978707 from which a found |
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5/8-inch iron rod with cap stamped "COSTELLO INC. RPLS 4416" |
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bears N 84° 28' W, 0.37 feet, also being the Southeast corner |
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of a called 158.33 acre tract described and recorded under |
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H.C.C.F. No. 20130266472; |
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THENCE, N 02° 04' 00" W, a distance of 2,330.87 feet along the |
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line common to said 158.33 acre tract and said 159.6531 acre tract |
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to the northern corner common to said 159.6531 acre tract and said |
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158.33 acre tract from which a found 5/8-inch iron rod with cap |
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stamped "COSTELLO INC. RPLS 4416" bears S 89° 21' W, 3.45 feet also |
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being the Southwest corner of a called 156.432 acre tract described |
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and recorded under H.C.C.F. No. V829107; |
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THENCE, N 87° 59' 16" E, a distance of 2,640.00 feet along the |
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North line of said 159.6531 acre tract and the South lines of said |
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156.432 acre tract and a called 9.7770 acre tract described and |
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recorded under H.C.C.F. No. G578991to the Northeast corner of said |
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159.6531 acre tract and the herein described tract from which a |
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found Nail with shiner stamped "COSTELLO" bears N 82° 39' W, 3.01 |
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feet; |
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THENCE, S 02° 04' 00" E, a distance of 2,639.69 feet along and |
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with the centerline of said Peek Road to the POINT OF BEGINNING and |
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containing 159.65 acres of land. Bearing orientation is based on |
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the Texas Coordinate System South Central Zone 4204, NAD83. |
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TRACT 2 |
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BEING 247.03 acres of land situated in the George Spencer |
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Survey, Abstract Number 1369 and the M. M. Willsey Survey, Abstract |
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Number 1459 of the H. & T. C. R. R. Co. Survey, Block 2, Harris |
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County, Texas, being all of that certain called 235.55 acres |
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conveyed to Cunningham Interests, II, Ltd by deed recorded under |
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Harris County Clerk's File Number (H.C.C.F. No.) 20120237422 and |
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all of that certain called 11.526 acres conveyed to Cunningham |
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Interests, II, Ltd by deed recorded under H.C.C.F. No. 20140170048, |
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said 247.03 acre tract being more particularly described by metes |
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and bounds as follows: |
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BEGINNING at a 5/8-inch iron rod with aluminum Texas |
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Department of Transportation (TxDot) cap found for the Southeast |
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corner of said 235.55 acre tract and being in the North right-of-way |
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line of Stockdick School Road (60-foot with, no deed found) also |
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being the West right-of-way line of said Stockdick Road (width |
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varies, no deed found); |
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THENCE, S 87° 56' 23" W, a distance of 3,929.03 feet along the |
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North right-of-way line of said Stockdick School Road to a 5/8-inch |
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iron rod found for the Southeast corner of a called 17.00 acre tract |
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described and recorded under H.C.C.F. No. V330498 and the Southwest |
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corner of said 235.55 acre tract and the herein described tract; |
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THENCE, N 01° 59' 51" W, a distance of 851.43 feet along the |
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line common to said 17.00 acre tract and said 235.55 acre tract to |
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the Northeast corner of said 17.00 acre tract and being the |
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Southeast corner of said 11.526 acre tract and from which a 1/2-inch |
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iron rod found bears S 87° 57' W, 4.59 feet; |
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THENCE, S 87° 57' 20" W, a distance of 378.38 feet along the |
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line common to said 17.00 acre tract and said 11.526 acre tract to |
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the Southwest corner of said 11.526 acre tract and the southeast |
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corner of a called 11.653 acre tract described and recorded under |
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H.C.C.F. No. Y103912, said point being in the centerline of South |
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Mayde Creek; |
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THENCE, along and with the centerline of South Mayde Creek, |
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same being the line common to said 11.526 acre tract and said 11.653 |
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acre tract the following sixteen (16) courses and distances: |
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N 57° 32' 53" W, 185.76 feet to an angle point; |
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N 76° 58' 36" W, 5.99 feet to an angle point; |
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N 73° 39' 37" W, 44.16 feet to an angle point; |
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N 27° 46' 16" W, 24.43 feet to an angle point; |
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N 18° 48' 22" E, 80.98 feet to an angle point; |
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N 21° 42' 27" E, 261.01 feet to an angle point; |
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N 15° 34' 29" E, 88.96 feet to an angle point; |
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N 22° 02' 24" W, 81.87 feet to an angle point; |
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N 32° 50' 40" E, 34.54 feet to an angle point; |
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N 21° 18' 18" W, 20.21 feet to an angle point; |
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N 53° 13' 23" W, 47.36 feet to an angle point; |
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N 85° 03' 23" W, 176.78 feet to an angle point; |
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S 70° 36' 55" W, 107.89 feet to an angle point; |
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N 73° 03' 25" W, 44.61 feet to an angle point; |
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N 40° 29' 03" W, 186.40 feet to an angle point; |
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N 55° 40' 31" W, 60.60 feet to the most westerly |
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Northwest corner of the herein described tract and being in |
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the South line of a called 25.8950 acre tract described and |
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recorded under H.C.C.F. No. 20100452700; |
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THENCE, N 88° 03' 56" E, a distance of 966.73 feet along the |
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line common to said 25.8950 acre tract and said 11.256 acre tract to |
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the Northeast corner of said 11.256 acre tract and the Southeast |
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corner of said 25.8950 acre tract, being in the West line of said |
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235.55 acre tract and from which a found 3/8-inch iron rod bears S |
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87° 47' W, 6.77 feet; |
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THENCE, N 01° 59' 51" W, a distance of 882.01 feet along the |
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line common to said 235.55 acre tract and said 25.8950 acre tract to |
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the Northeast corner of said 25.8950 acre tract and the Northwest |
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corner of said 235.55 acre tract, being in the South line of a |
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called 7.016 acre tract described and recorded under H.C.C.F. |
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No. Y680341 and from which a found 3/8-inch iron rod bears S 83° 44' |
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W, 9.92 feet; |
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THENCE, N 87° 58' 30" E, a distance of 3,073.16 feet along the |
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North line of said 235.55 acre tract and South lines of said 7.016 |
|
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acre tract and a called 5.8806 acre tract described and recorded |
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under H.C.C.F. No. X209587 also the South lines of Lot 61 through |
|
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Lot 76 of Katy Country Estates, an unrecorded subdivision to a |
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concrete monument found for the southeast corner of said Lot 76 and |
|
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the Southwest corner of a called 19.3136 acre tract described and |
|
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recorded under H.C.C.F. No. X407934; |
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THENCE, N 87° 46' 36" E, a distance of 852.54 feet continuing |
|
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along the North line of said 235.55 acre tract and South line of |
|
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said 19.3136 acre tract to a 3/8-inch iron rod found for the |
|
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Northeast corner of said 235.55 acre tract and the herein described |
|
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tract and the Southeast corner of said 19.3136 acre tract, said iron |
|
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rod being in the West right-of-way line of said Stockdick Road; |
|
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THENCE, S 02° 04' 14" E, a distance of 2,614.01 feet along said |
|
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West right-of-way line to the POINT OF BEGINNING and containing |
|
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247.03 acres of land. Bearing orientation is based on the Texas |
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Coordinate System South Central Zone 4204, NAD83. |
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|
SECTION 3. (a) The legal notice of the intention to |
|
|
introduce this Act, setting forth the general substance of this |
|
|
Act, has been published as provided by law, and the notice and a |
|
|
copy of this Act have been furnished to all persons, agencies, |
|
|
officials, or entities to which they are required to be furnished |
|
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
|
Government Code. |
|
|
(b) The governor, one of the required recipients, has |
|
|
submitted the notice and Act to the Texas Commission on |
|
|
Environmental Quality. |
|
|
(c) The Texas Commission on Environmental Quality has filed |
|
|
its recommendations relating to this Act with the governor, the |
|
|
lieutenant governor, and the speaker of the house of |
|
|
representatives within the required time. |
|
|
(d) All requirements of the constitution and laws of this |
|
|
state and the rules and procedures of the legislature with respect |
|
|
to the notice, introduction, and passage of this Act are fulfilled |
|
|
and accomplished. |
|
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SECTION 4. (a) If this Act does not receive a two-thirds |
|
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vote of all the members elected to each house, Subchapter C, Chapter |
|
|
7910, Special District Local Laws Code, as added by Section 1 of |
|
|
this Act, is amended by adding Section 7910.106 to read as follows: |
|
|
Sec. 7910.106. NO EMINENT DOMAIN POWER. The district may |
|
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not exercise the power of eminent domain. |
|
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(b) This section is not intended to be an expression of a |
|
|
legislative interpretation of the requirements of Section 17(c), |
|
|
Article I, Texas Constitution. |
|
|
SECTION 5. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2015. |
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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. 1002 passed the Senate on |
|
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May 8, 2015, by the following vote: Yeas 30, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1002 passed the House on |
|
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May 27, 2015, 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 |