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AN ACT
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relating to the creation of the Montgomery County Municipal Utility |
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District No. 237; 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 7981A to read as follows: |
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CHAPTER 7981A. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. |
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237 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7981A.0101. 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 Montgomery County Municipal |
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Utility District No. 237. |
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Sec. 7981A.0102. 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. 7981A.0103. CONFIRMATION AND DIRECTOR 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. 7981A.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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7981A.0103 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 as required by |
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applicable law. |
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Sec. 7981A.0105. 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. 7981A.0106. 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. 7981A.0201. GOVERNING BODY; TERMS. (a) The district |
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is governed by a board of five elected directors. |
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(b) Except as provided by Section 7981A.0202, directors |
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serve staggered four-year terms. |
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Sec. 7981A.0202. 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 7981A.0103; 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 7981A.0103 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 7981A.0103; 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. 7981A.0301. GENERAL POWERS AND DUTIES. The district |
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has the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 7981A.0302. 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. 7981A.0303. AUTHORITY FOR ROAD PROJECTS. Under |
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Section 52, Article III, Texas Constitution, the district may |
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design, acquire, construct, finance, issue bonds for, improve, |
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operate, maintain, and convey to this state, a county, or a |
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municipality for operation and maintenance macadamized, graveled, |
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or paved roads, or improvements, including storm drainage, in aid |
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of those roads. |
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Sec. 7981A.0304. 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. 7981A.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
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ORDINANCE OR RESOLUTION. The district shall comply with all |
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applicable requirements of any ordinance or resolution that is |
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adopted under Section 54.016 or 54.0165, Water Code, and that |
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consents to the creation of the district or to the inclusion of land |
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in the district. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 7981A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) |
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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 |
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7981A.0403. |
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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. 7981A.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 7981A.0401, the |
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district may impose an operation and maintenance tax on taxable |
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property in the district in accordance with Section 49.107, Water |
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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. 7981A.0403. 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. 7981A.0501. 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. 7981A.0502. 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. 7981A.0503. 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. Montgomery County Municipal Utility District |
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No. 237 initially includes all the territory contained in the |
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following area: |
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A 387.6058 ACRE TRACT OF IN THE S. TERRY SURVEY, ABSTRACT NO. |
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564, AND IN THE MARSHALL H. SHORT SURVEY, ABSTRACT NO. 535, |
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MONTGOMERY COUNTY, BEING OUT OF AND A PART OF A CALLED 1,702.2 ACRE |
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TRACT CONVEYED TO DAYAKAR PUSKOOR, TRUSTEE OF 1992 GUNIGANTI CREDIT |
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SHELTER TRUSTS, AKA THE GUNIGANTI FAMILY TRUSTS AS RECORDED UNDER |
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MONTGOMERY COUNTY CLERK’S FILE NUMBER (M.C.C.F. NO.) 2019097078 |
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(DESCRIBED UNDER M.C.C.F. NO. 2012127211), THE SAID 387.6058 ACRE |
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TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS |
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FOLLOWS, (WITH BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM OF |
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1983, CENTRAL ZONE, AS DETERMINED BY GPS MEASUREMENTS): |
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COMMENCING at a 3/4-inch iron rod found marking an angle in |
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the west line of said 1,702.2 acre tract, and the west line of a |
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called 150.00 acre tract, conveyed to TC LB Royal Pines, LP as |
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recorded under M.C.C.F. NO. 2021171601; |
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THENCE, North 03°35’35” West, along the west line of said |
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1,702.2 acre tract, and said 150.00 acre tract, passing at a |
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distance of 10.54 feet, a found 5/8” iron rod with cap stamped “ |
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TERRA”, passing at a distance of 874 feet, the approximate |
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centerline of White Oak Creek, being the northwest corner of the |
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said 150.00 acre tract, continuing along the west line of said |
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1,702.2 acre tract a total distance of 2,433.36 feet, to the |
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southwest corner and POINT OF BEGINNING of the herein described |
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tract; |
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THENCE, North 03°35’35” West, continuing along said line, a |
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distance of 2,139.24 feet to a 1/2" iron rod found marking the |
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northeast corner of Lot 6, Block 3, White Oak Crossing Sec 4 (WOC4), |
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map or plat thereof recorded under Cabinet (Cab.) Z, Sheet (Sht.) |
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3640 of the Montgomery County Map Records (M.C.M.R.), and an |
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interior corner of said 1,702.2 acre tract, and the herein |
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described tract; |
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THENCE, South 87°08’26” West, along the north lines of said |
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WOC4, and White Oak Crossing Sec 3 (WOC3), map or plat thereof |
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recorded under Cab. Z, Sht. 2286 M.C.M.R., common with the |
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southerly line of said 1,702.2 acre tract and the herein described |
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tract, a distance of 2,132.46 feet, to a 5/8” iron rod with cap |
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stamped “HOVIS” found marking the northwest corner of Lot 19, Block |
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5, of said WOC3; |
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THENCE, North 02°20’49” West, along the east line of said |
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WOC3, common with the west line of said 1,702.2 acre tract, a |
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distance of 2,206.27 feet, to the most easterly northeast corner of |
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said WOC3, and the southeast corner of a called 19.14 acre tract |
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conveyed to Prabhakar R. Guniganti as recorded under M.C.C.F. NO. |
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2016114018, and an exterior corner of the herein described tract; |
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THENCE, South 86°41’57” West, along the southerly line of |
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said 19.14 acre tract, common with the northerly line of said WOC3, |
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a distance of 432.45 feet, to the southwest corner of said 19.14 |
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acre tract, and an exterior corner of the herein described tract; |
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THENCE, North 02°19’57” West, along the west line of said |
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19.14 acre tract, passing at a distance of 2,046.52 feet the |
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northwest corner of said 19.14 acre tract, and an exterior corner of |
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aforesaid 1,702.2 acre tract, continuing along the west line of |
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said 1,702.2 acre tract a total distance of 2,515.79 feet, to the |
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northwest corner of the herein described tract; |
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THENCE, departing said line, and over and across said 1,702.2 |
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acre tract the following seventeen (17) courses and distances: |
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South 68°09’29” East, a distance of 4,491.85 feet, to |
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the beginning of a curve to the right; |
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In a southerly direction, along said curve to the right, |
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having a radius of 2,050.00 feet, a central angle of 15°36’33” |
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(chord bears South 07°15’23” West, 556.76 feet) and an arc distance |
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of 558.49 feet, to the point of tangency; |
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South 15°03’39” West, a distance of 882.15 feet, to the |
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beginning of a curve to the left; |
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In a southerly direction, along said curve to the left, |
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having a radius of 1,950.00 feet, a central angle of 07°44’29” |
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(chord bears South 11°11’25” West, 263.27 feet) and an arc distance |
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of 263.47 feet, to the beginning of a compound curve to the left; |
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In a southeasterly direction, along said compound curve |
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to the left, having a radius of 25.00 feet, a central angle of |
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91°48’57” (chord bears South 38°35’18” East, 35.91 feet) and an arc |
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distance of 40.06 feet, to the point of tangency; |
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South 06°10’01” West, a distance of 50.00 feet, to the |
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beginning of a curve to the left; |
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In a southwesterly direction, along said curve to the |
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left, having a radius of 25.00 feet, a central angle of 91°08’39” |
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(chord bears South 49°54’53” West, 35.71 feet) and an arc distance |
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of 39.77 feet, to the point of compound curvature; |
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In a southerly direction, along said compound curve to |
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the left, having a radius of 1,950.00 feet, a central angle of |
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23°31’46” (chord bears South 07°25’20” East, 795.19 feet) and an arc |
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distance of 800.80 feet, to the point of tangency; |
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South 19°11’13” East, a distance of 1,066.21 feet, to |
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the beginning of a curve to the right; |
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In a southerly direction, along said curve to the right, |
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having a radius of 2,050.00 feet, a central angle of 07°32’44” |
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(chord bears South 15°24’51” East, 269.78 feet) and an arc distance |
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of 269.97 feet, to the point of reverse curvature; |
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In a southeasterly direction, along said reverse curve |
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to the left, having a radius of 25.00 feet, a central angle of |
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88°28’52” (chord bears South 55°52’55” East, 34.88 feet) and an arc |
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distance of 38.61 feet, to the point of tangency; |
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South 10°07’21” East, a distance of 60.00 feet, to the |
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beginning of a curve to the left; |
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In a southwesterly direction, along said curve to the |
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left, having a radius of 25.00 feet, a central angle of 88°28’52” |
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(chord bears South 35°38’13” West, 34.88 feet) and an arc distance |
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of 38.61 feet, to the point of reverse curvature; |
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In a southerly direction, along said reverse curve to |
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the right, having a radius of 2,050.00 feet, a central angle of |
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14°38’26” (chord bears South 01°17’00” East, 522.40 feet) and an arc |
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distance of 523.83 feet, to the point of tangency; |
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South 06°02’13” West, a distance of 580.47 feet, to the |
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southeast corner of the herein described tract; |
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South 87°48’48” West, a distance of 101.04 feet, to the |
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beginning of a curve to the left; |
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In a northwesterly direction, along said curve to the |
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left, having a radius of 25.00 feet, a central angle of 98°13’24” |
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(chord bears North 43°04’30” West, 37.80 feet) and an arc distance |
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of 42.86 feet, to the end of said curve; |
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THENCE, South 87°48’48” West, a distance of 1,288.88 feet, to |
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the POINT OF BEGINNING, and containing 387.6058 acres of land. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. (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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7981A, Special District Local Laws Code, as added by Section 1 of |
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this Act, is amended by adding Section 7981A.0306 to read as |
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follows: |
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Sec. 7981A.0306. 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, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 5345 was passed by the House on May 9, |
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2023, by the following vote: Yeas 107, Nays 35, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 5345 was passed by the Senate on May |
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24, 2023, by the following vote: Yeas 27, Nays 3, 1 present, not |
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voting. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |