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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. 219; 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 7922 to read as follows: |
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CHAPTER 7922. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 219 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7922.001. 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 Fort Bend County Municipal |
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Utility District No. 219. |
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Sec. 7922.002. 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. 7922.003. 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. 7922.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 7922.003 |
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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. 7922.005. 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. 7922.006. 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. 7922.051. 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 7922.052, directors serve |
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staggered four-year terms. |
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Sec. 7922.052. 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 7922.003; 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 7922.003 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 7922.003; 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. 7922.101. 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. 7922.102. 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. 7922.103. 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. 7922.104. 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. 7922.105. 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. 7922.151. 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 7922.153. |
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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. 7922.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 7922.151, 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. 7922.153. 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. 7922.201. 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. 7922.202. 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. 7922.203. 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 Fort Bend County Municipal Utility District |
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No. 219 initially includes all the territory contained in the |
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following area: |
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434.541 Acres of Land, being out of the Rich/Gerner Joint |
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Venture Tract (Volume 1645, Page 762 and 771 of the Official Records |
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of Fort Bend County, Texas), being 191.354 Acres, more or less, in |
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the William Andrews League, Abstract 3 and 243.187 Acres, more or |
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less, in the Samuel Isaacs League, Abstract 35, Fort Bend County, |
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Texas. |
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Beginning at a 5/8 inch capped iron rod set on the East side |
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of a 20 inch Dead Elm Tree Stump marking the East line of said |
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William Andrews League, Abstract 3 and in the West line of the |
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Samuel Isaacs League, Abstract 35; said corner marking the |
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Southwest corner of the original Wessendorff Cattle Company call |
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353.9 Acre Tract ; said corner being a re-entrant corner of and the |
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Place of Beginning for this tract; |
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THENCE, South 76deg.34'10" East, along a fence line, 722.0 |
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feet to a 5/8 inch capped iron rod set for angle point; |
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THENCE, South 85deg.43'40" East, along a fence line, 1138.92 |
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feet to a 5/8 inch capped iron rod set for angle point; |
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THENCE, South 62deg.10'45" East, along a fence line, 2465.24 |
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feet to a 5/8 inch iron rod found marking the Southerly Northeast |
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corner of this tract; |
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THENCE, South 00deg.15'10" West, along a fence line, 983.2 |
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feet to a 7/8 inch iron pipe found marking the Easterly Southeast |
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corner of this tract; |
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THENCE, West, along the remains of an old fence line, at |
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1612.76 feet pass a 5/8 inch capped iron rod set, in all 1690.18 |
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feet to a point on the centerline of Jones Creek for corner; |
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THENCE, Southerly and Westerly along the centerline of Jones |
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Creek with the following courses and distances: South 25deg.42'30" |
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East, 65.54 feet to a point for angle; South 05deg.33'10" East, 66.3 |
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feet to a point for angle; South 01deg.28'10" West, 281.0 feet to a |
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point for angle; South 00deg.53'10" East, 281.9 feet to a point for |
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angle; South 01deg.23'10" West, 300.3 feet to a point for angle; |
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South 25deg.56' West, 223.92 feet to a point for angle; South |
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28deg.41'56" West, 74.64 feet to a point for angle; South |
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42deg.51'40" West, 158.01 feet to a point for angle; South |
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59deg.13'30" West, 314.29 feet to a point for angle; South |
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83deg.40'10" West, 199.21 feet to a point for angle; North |
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85deg.52'10" West, 242.08 feet to a point for angle; North |
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65deg.06'40" West, 404.61 feet to a point for angle; North |
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66deg.13'50" West, 288.86 feet to a point for angle; North |
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68deg.29'40" West, 276.58 feet to a point for angle; North |
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76deg.44'10" West, 329.15 feet to a point for angle; North |
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84deg.50'13" West, at 185.47 feet pass said League Line, in all |
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217.53 feet to point for angle; South 74deg.09'50" West, 240.65 |
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feet to a point for angle; South 72deg.34' West, 288.63 feet to a |
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point for angle; South 66deg.01' West, 358.92 feet to a point for |
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angle; South 55deg.39'35" West, 247.4 feet to a point for angle; |
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South 39deg.03'20" West, 173.21 feet to a point for angle; South |
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41deg.49'10" West, 179.19 feet to a point for angle; South |
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37deg.11'32" West, 40.32 feet to a point for the most Southerly |
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South corner of this tract; |
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THENCE, North 61deg.55'43" West, leaving said Jones Creek, |
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and along the centerline of a Drainage Ditch, 116.46 feet to a point |
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for angle; |
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THENCE, continuing Northwesterly along the centerline of |
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said Drainage Ditch with the following courses and distances: |
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North 28deg.40'03" West, 71.03 feet to a point for angle; North |
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36deg.45'31" West, 104.1 feet to a point for angle; North |
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34deg.34'37" West, 217.76 feet to a 1/2 inch iron pipe found for |
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angle; South 55deg.56'57" West, 66.86 feet to a 1/2 inch iron pipe |
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found for angle; North 55deg.14'54" West, 87.37 feet to a 1/2 inch |
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iron pipe found for angle; North 27deg.56'22" West, 61.11 feet to a |
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1/2 inch iron pipe found for angle; North 38deg.36'05" West, 224.52 |
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feet to a 1/2 inch iron pipe found for angle; North 79deg.00'35" |
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West, 100.44 feet to a capped 1/2 inch iron rod found for angle; |
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THENCE, North 00deg.07'56" West, leaving said Ditch, 196.65 |
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feet to a 1/2 inch iron pipe found for corner; |
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THENCE, South 89deg.53'10" East, along a fence line, 360.59 |
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feet to a 5/8 inch capped iron rod set for corner; |
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THENCE, North 00deg.58'40" West, along a fence line 747.67 |
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feet to a 5/8 inch capped iron rod set marking a re-entrant corner |
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of this tract; said corner also marks the Northeast corner of the |
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original John Rosenbush Tract recorded in Volume 352, Page 184 of |
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the Deed Records; |
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THENCE, South 89deg.46'50" West, along a fence line, 1505.0 |
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feet to a 5/8 inch capped iron rod set at corner post marking the |
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Westerly Southwest corner of this tract; |
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THENCE, North 00deg.13'55" East, along the East right-of-way |
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line of State Farm Market Road No. 723, 896.28 feet to a 5/8 inch |
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capped iron rod set at corner post marking the Westerly Northwest |
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corner of this tract; |
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THENCE, South 89deg.37'28" East, along a fence line, 1557.35 |
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feet to a 1/2 inch iron pipe found marking another re-entrant corner |
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of this tract; |
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THENCE, North 01deg.23'12" East, 535.35 feet to a point on |
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the centerline of said Jones Creek for corner; |
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THENCE, Northerly, along the centerline of Jones Creek with |
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the following courses and distances: North 37deg.30'33" West, |
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64.68 feet to a point for angle; North 16deg.41'40" West, 114.0 feet |
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to a point for angle; North 01deg.50'20" East, 110.6 feet to a point |
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for angle; North 19deg.50'20" East, 105.0 feet to a point for angle; |
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North 33deg.40'20" East, 128.8 feet to a point for angle; North |
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45deg.11'20" East, 146.7 feet to a point for angle; North |
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54deg.41'20" East, 164.5 feet to a point for angle; North |
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59deg.48'20" East. 355.8 feet to a point for angle; North |
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49deg.11'20" East, 194.18 feet to a point for angle; North |
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38deg.48'20" East, 74.2 feet to a point on the centerline of Andrus |
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Branch to a point for angle; North 38deg.46'20" East, 63.53 feet to |
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a point for angle; North 20deg.48'22" East, 133.2 feet to a point |
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for angle; North 18deg.33'20" East, 209.1 feet to a point for angle; |
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North 13deg.42'20" East, 264.9 feet to a point for angle; North |
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06deg.32'20" East, 451.7 feet to a point for angle; North |
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12deg.04'20" East, 318.4 feet to a point for angle; North |
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23deg.49'20" East, 130.3 feet to a point for angle; North |
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36deg.43'20" East, 240.1 feet to a point for angle; North |
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33deg.04'40" East, 372.7 feet to a point for angle; North |
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44deg.20'20" East, 156.2 feet to a point marking the North corner of |
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this tract; |
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THENCE, South, along the East line of said William Andrews |
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League, Abstract 3 and West line of the Samuel Isaacs League, |
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Abstract 35, at 267.62 feet pass a railroad spike set in the North |
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side of an 18 inch diameter Pecan Tree, along a fence line, in all |
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1987.49 feet to the place of beginning and containing 434.541 Acres |
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of Land, more or less. |
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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. (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 |
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7922, Special District Local Laws Code, as added by Section 1 of |
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this Act, is amended by adding Section 7922.106 to read as follows: |
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Sec. 7922.106. 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 |
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legislative interpretation of the requirements of Section 17(c), |
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Article I, Texas Constitution. |
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SECTION 5. 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, 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. 2007 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. 2007 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 |