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AN ACT
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relating to the name, powers, and board of directors of the Chambers |
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County-Cedar Bayou Navigation District. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1(a), Chapter 589, Acts of the 75th |
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Legislature, Regular Session, 1997, is amended to read as follows: |
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(a) The [There is created and established a] special |
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district [to be] known as the "Cedar ["Chambers County-Cedar] Bayou |
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Navigation District" [that] is a governmental agency, a body |
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politic and corporate, and a political subdivision of the state. |
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SECTION 2. Section 2, Chapter 589, Acts of the 75th |
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Legislature, Regular Session, 1997, is amended to read as follows: |
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Sec. 2. DEFINITION. In this Act, "district" means the Cedar |
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[Chambers County-Cedar] Bayou Navigation District. |
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SECTION 3. Section 5, Chapter 589, Acts of the 75th |
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Legislature, Regular Session, 1997, is amended to read as follows: |
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Sec. 5. BOARD OF DIRECTORS. (a) The district is to be |
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governed by a board of seven [five (5)] directors. |
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(b) The five directors serving in director positions 1, 2, |
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3, 4, and 5 [Except for the initial directors, each director] shall |
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be appointed by the Commissioners Court of Chambers County from a |
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list of candidates recommended by the board in the manner provided |
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in Section 375.064, Local Government Code, or, if the commissioners |
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court is not satisfied with any of the recommended candidates, from |
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nominees submitted by members of the commissioners court. Said |
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directors shall serve staggered six (6) year terms with the terms of |
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the directors in positions 1 and 3 expiring May 1 of an odd-numbered |
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year, the directors in positions 2 and 4 expiring May 1 of another |
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odd-numbered year, and the director in position 5 expiring May 1 of |
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another odd-numbered year [either 2 directors or 1 director
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expiring on May 1 of each odd-numbered year as provided below]. |
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Each director so appointed shall serve a term of office of six (6) |
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years, and until his or her successor is appointed and has |
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qualified. Appointments to fill an unexpired term shall be made by |
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the remaining directors. |
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(b-1) The directors serving in director positions 1 and 2 |
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must be representatives of a company or business in the district |
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that has the highest and second highest taxable value of real and |
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personal property located in the district, as certified by the |
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Chambers County Appraisal District. The directors serving in |
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director positions 3 and 4 must be representatives of a company or |
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business in the district that owns real or personal property that |
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has a taxable value of at least $25,000,000 but less than |
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$250,000,000, as certified by the Chambers County Appraisal |
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District. The director serving in director position 5 must be a |
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representative of a company or business that owns real or personal |
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property in the district that has a taxable value of at least |
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$5,000,000 but less than $25,000,000, as certified by the Chambers |
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County Appraisal District. |
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(b-2) The directors shall elect a chairperson from the |
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directors. The person elected serves a term of four years as |
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chairperson. Beginning September 1, 2007, the chairperson shall be |
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elected by the directors from among the directors in positions 1, 2, |
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3, 4, and 5. At the conclusion of the term of the initial |
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chairperson elected under this subsection, the chairperson shall be |
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elected by the directors from among the directors in positions 6 and |
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7. The group of directors from which the chairperson is elected |
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shall continue to alternate between the directors in positions 1, |
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2, 3, 4, and 5, and the directors in positions 6 and 7. |
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(c) One director, who shall serve in director position 6, |
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shall be appointed by the mayor of the City of Baytown, and one |
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director, who shall serve in director position 7, shall be |
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appointed by the city council of the City of Baytown. The two |
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directors shall serve staggered six (6) year terms with the term of |
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the director in position 6 expiring May 1 of the odd-numbered year |
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in which the terms of positions 1 and 3 expire and with the term of |
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the director in position 7 expiring May 1 of the odd-numbered year |
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in which the terms of positions 2 and 4 expire. Each director |
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appointed to serve in position 6 or 7 shall serve a term of office of |
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six (6) years, and until his or her successor is appointed and has |
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qualified. Appointments to fill an unexpired term in position 6 |
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shall be made by the mayor of the City of Baytown, and appointments |
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to fill an unexpired term in position 7 shall be made by the city |
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council of the City of Baytown. [At the time this Act takes effect,
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the following persons shall constitute the initial board of
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directors of the district and are hereby appointed for the terms
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prescribed by Subsection (d) of this section:
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[Director Position
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Name of Director
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(d) Directors serving in director positions 1, 2, 3, 4, and |
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5 [Of the initial directors, the directors appointed for director
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positions 1 and 3 shall serve until May 1, 1999; the directors
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appointed for director positions 2 and 4 shall serve until May 1,
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2001; and the director appointed for director position 5 shall
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serve until May 1, 2003.
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[(e)
Each initial director and each subsequent director
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appointed] for either a full or partial term shall meet the |
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following qualifications: |
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(i) be at least eighteen (18) years of age; and |
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(ii) be an owner of property in the district; or |
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(iii) be an owner of stock, whether beneficial or |
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otherwise, of a corporate owner of property in the district; or |
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(iv) be an owner of a beneficial interest in a trust |
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that owns property in the district; or |
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(v) be an agent, employee or tenant of a person |
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described in the foregoing Subdivisions (ii), (iii), or (iv). |
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(e) Directors serving in director positions 6 and 7 shall |
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meet the following qualifications: |
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(1) be at least 18 years of age; and |
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(2) be a resident of the City of Baytown. |
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(f) No person may be appointed as a director or continue to |
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serve as a director unless they satisfy the [these] requirements |
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prescribed by this section. Each director shall qualify for office |
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as provided in Subchapter D, Chapter 375, Local Government Code. |
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(g) [(f)] The board shall be governed by the terms and |
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conditions set forth in Subchapter C, Chapter 63, Water Code, to the |
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extent such provisions do not conflict with the provisions of this |
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Act. |
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(h) [(g)] Directors shall be compensated in the manner |
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provided by Section 63.098, Water Code. |
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(i) On September 1, 2007, the board is expanded from five |
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members to seven members by adding director positions 6 and 7 as |
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provided by Subsections (c) and (e) of this section. Regardless of |
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the length of the term prescribed by Subsection (c), the initial |
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term of the director serving in position 6 begins September 1, 2007, |
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and expires May 1, 2011, and the initial term of the director |
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serving in position 7 begins September 1, 2007, and expires May 1, |
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2013. |
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SECTION 4. Section 6, Chapter 589, Acts of the 75th |
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Legislature, Regular Session, 1997, is amended by adding |
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Subsections (a-1) and (e) to read as follows: |
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(a-1) The district may: |
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(1) develop navigation and improve bayous, bays, |
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creeks, and streams inside or adjacent to the district; |
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(2) construct and maintain harbors, basins, and |
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waterways to permit or aid navigation; and |
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(3) purchase or otherwise acquire, establish, |
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construct, own, maintain, operate, develop, and regulate wharves, |
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piers, docks, fleeting areas, land, roadways, and other structures |
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and facilities incident to or accommodating of commerce or |
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navigation. |
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(e) The rights, powers, privileges, and authority conferred |
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on the district by this Act do not supersede or diminish the rights, |
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powers, privileges, and authority of the Port of Houston Authority |
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of Harris County, Texas, the United States Army Corps of Engineers, |
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or any state agency or other federal agency. The district may not |
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exercise its powers inside the boundaries of another navigation |
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district without that district's agreement. |
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SECTION 5. Chapter 589, Acts of the 75th Legislature, |
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Regular Session, 1997, is amended by adding Section 6A to read as |
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follows: |
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Sec. 6A. CONTRACT WITH ANOTHER DISTRICT. The district may |
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make a contract with another navigation district created under |
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Section 52 of Article III or Section 59 of Article XVI, Texas |
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Constitution, or both, for the performance of any service that is |
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authorized to be provided by the districts. Any payments due under |
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the contract may be made from and secured by ad valorem taxes or |
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other revenues of the districts or by a combination of revenues. If |
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the constitution of this state requires an election to permit the |
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payment and security, an election shall be held substantially in |
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accordance with the requirements of Subchapter F, Chapter 62, Water |
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Code. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3158 was passed by the House on April |
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25, 2007, by the following vote: Yeas 133, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3158 was passed by the Senate on May |
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17, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |