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AN ACT
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relating to the creation of the Burnet County Water Control and |
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Improvement District No. 1; providing authority to impose a tax and |
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issue bonds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle I, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 9030 to read as follows: |
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CHAPTER 9030. BURNET COUNTY WATER CONTROL AND |
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IMPROVEMENT DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 9030.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the board of directors of the |
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district. |
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(2) "Director" means a member of the board. |
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(3) "District" means the Burnet County Water Control |
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and Improvement District No. 1. |
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(4) "Project" means a program or project authorized by |
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this chapter or general law, to be undertaken inside or outside the |
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boundaries of the district, that is necessary to accomplish the |
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public purposes of the district. |
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Sec. 9030.002. NATURE OF DISTRICT. The district is a water |
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control and improvement district in Burnet County created under and |
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essential to accomplish the purposes of Section 52, Article III, |
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and Section 59, Article XVI, Texas Constitution. |
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Sec. 9030.003. LEGISLATIVE FINDINGS. The legislature finds |
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that: |
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(1) all of the land and other property included in the |
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boundaries of the district will be benefited by the works and |
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projects that are to be accomplished by the district pursuant to the |
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powers conferred by Section 52, Article III, and Section 59, |
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Article XVI, Texas Constitution; and |
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(2) the district serves a public use and benefit. |
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Sec. 9030.004. CONFIRMATION ELECTION REQUIRED. If the |
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creation of the district is not confirmed at a confirmation |
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election held under Section 9030.023 before September 1, 2011: |
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(1) the district is dissolved September 1, 2011, |
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except that: |
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(A) any debts incurred shall be paid; |
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(B) any assets that remain after the payment of |
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debts shall be transferred to Burnet County; and |
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(C) the organization of the district shall be |
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maintained until all debts are paid and remaining assets are |
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transferred; and |
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(2) this chapter expires September 1, 2014. |
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Sec. 9030.005. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act creating this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act creating this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect: |
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(1) the organization, existence, or validity of the |
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district; |
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(2) the right of the district to impose taxes; or |
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(3) the legality or operation of the district or the |
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board. |
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Sec. 9030.006. APPLICABILITY OF ADMINISTRATIVE PROVISIONS |
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OF OTHER LAW; CONFLICT OF LAW. The district shall operate as a |
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water control and improvement district and comply with the |
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administrative provisions of Chapter 51, Water Code, except as |
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otherwise provided by this chapter. The district shall also comply |
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with Chapter 49, Water Code, to the extent that chapter does not |
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conflict with Chapter 51 of that code. If there is a conflict |
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between Chapters 49 and 51, Water Code, Chapter 51 controls. |
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Sec. 9030.007. LIBERAL CONSTRUCTION OF CHAPTER. This |
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chapter shall be liberally construed in conformity with the |
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legislative findings and purposes stated in this chapter. |
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[Sections 9030.008-9030.020 reserved for expansion] |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 9030.021. TEMPORARY DIRECTORS. (a) The temporary |
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board is composed of: |
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(1) Brian Carlton; |
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(2) Brandon Myers; |
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(3) Brent Wicker; |
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(4) Bob Sewell; and |
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(5) Brandon Raney. |
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(b) If a temporary director fails to qualify for office, the |
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temporary directors who have qualified shall appoint a person to |
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fill the vacancy. If at any time there are fewer than three |
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qualified temporary directors, the Texas Commission on |
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Environmental Quality shall appoint the necessary number of persons |
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to fill all vacancies on the board. |
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Sec. 9030.022. ORGANIZATIONAL MEETING OF TEMPORARY |
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DIRECTORS. As soon as practicable after all the temporary |
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directors have qualified under Section 49.055, Water Code, the |
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temporary directors shall meet at a location in the district |
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agreeable to a majority of the directors. If a location cannot be |
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agreed upon, the meeting shall be at the Burnet County Courthouse. |
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At the meeting the temporary directors shall elect officers from |
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among the temporary directors and conduct any other district |
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business. |
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Sec. 9030.023. CONFIRMATION AND INITIAL DIRECTORS' |
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ELECTION. (a) The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five directors as |
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provided by Section 49.102, Water Code. |
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(b) Section 41.001(a), Election Code, does not apply to a |
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confirmation election held under this section. |
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Sec. 9030.024. INITIAL ELECTED DIRECTORS; TERMS. The |
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directors elected under Section 9030.023 shall draw lots to |
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determine which two shall serve until the first regularly scheduled |
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election of directors and which three shall serve until the second |
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regularly scheduled election of directors. |
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Sec. 9030.025. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2014. |
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[Sections 9030.026-9030.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 9030.051. DIRECTORS; TERMS. (a) The district is |
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governed by a board of five directors. |
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(b) Directors serve staggered four-year terms. |
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Sec. 9030.052. ELECTION OF DIRECTORS. On the uniform |
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election date in May of each even-numbered year, the appropriate |
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number of directors shall be elected. |
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[Sections 9030.053-9030.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 9030.101. WATER CONTROL AND IMPROVEMENT DISTRICT AND |
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MUNICIPAL UTILITY DISTRICT POWERS AND DUTIES. The district has all |
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of the rights, powers, privileges, authority, functions, and duties |
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provided by the general law of this state applicable to: |
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(1) water control and improvement districts, |
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including Chapters 49 and 51, Water Code; and |
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(2) municipal utility districts, including Chapter |
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54, Water Code. |
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Sec. 9030.102. ROAD PROJECTS. To the extent authorized by |
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Section 52, Article III, Texas Constitution, the district may |
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construct, acquire, improve, maintain, or operate macadamized, |
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graveled, or paved roads, or improvements in aid of those roads. |
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Sec. 9030.103. CONTRACT WITH POLITICAL SUBDIVISION FOR |
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WATER OR SEWER SERVICES. (a) The district may enter into a |
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contract to allow a political subdivision to provide retail water |
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or sewer service in the district. The contract may contain terms |
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the board considers desirable, fair, and advantageous to the |
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district. |
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(b) The contract may provide that the district will |
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construct or acquire and convey to the political subdivision a |
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water supply or treatment system, a water distribution system, or a |
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sanitary sewage collection or treatment system, as necessary to |
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provide water or sewer service in the district. |
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(c) The district may use bond proceeds or other available |
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district money to pay for its obligations under, or for services or |
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facilities provided under, the contract. |
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(d) If the contract requires the district to make payments |
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from taxes other than operation and maintenance taxes, the contract |
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is subject to Section 49.108, Water Code. |
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[Sections 9030.104-9030.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 9030.151. TAX TO REPAY BONDS. The district may impose |
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a tax to pay the principal of or interest on bonds or other |
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obligations issued under Section 9030.201. |
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[Sections 9030.152-9030.200 reserved for expansion] |
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SUBCHAPTER E. BONDS |
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Sec. 9030.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. (a) The district may issue bonds or other obligations |
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as provided by Chapters 49, 51, and 54, Water Code, to finance: |
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(1) the construction, maintenance, or operation of |
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projects under Sections 9030.101 and 9030.102; or |
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(2) the district's contractual obligations under |
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Section 9030.103. |
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(b) 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, grants, or other district money. |
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(c) The district may not issue bonds or other obligations |
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secured wholly or partly by ad valorem taxation to finance projects |
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authorized by Section 9030.102 unless the issuance is approved by a |
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vote of a two-thirds majority of the voters of the district voting |
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at an election called for that purpose. |
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(d) Bonds or other obligations issued or incurred to finance |
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projects authorized by Section 9030.101 or 9030.102 or contractual |
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obligations under Section 9030.103 may not exceed one-fourth of the |
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assessed value of the real property in the district. |
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SECTION 2. The Burnet County Water Control and Improvement |
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District No. 1 initially includes all the territory contained in |
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the following area: |
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FIELD NOTES TO DESCRIBE A 324.621 ACRE TRACT OF LAND, CONSISTING OF |
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APPROXIMATELY 149.768 ACRES OF LAND, OUT OF THE F. LEUDERS SURVEY |
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NO. 602, ABSTRACT NO. 560 AND APPROXIMATELY 174.852 ACRES OF LAND, |
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OUT OF THE F ENGLEKING SURVEY NO. 611, ABSTRACT NO. 284, BOTH OF |
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WHICH ARE SITUATED IN BURNET COUNTY, TEXAS, AND BEING A PORTION OF |
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THAT CALLED 414.78 ACRE TRACT OF LAND, DESCRIBED IN A DEED TO SEALY |
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KRUMM PARTNERS, L.P., A GEORGIA LIMITED PARTNERSHIP, AS RECORDED IN |
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VOLUME 1382, PAGE 439 OF THE OFFICIAL PUBLIC RECORDS OF BURNET |
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COUNTY, TEXAS (O.P.R.B.C.T.), SAID 324.621 ACRES BEING MORE |
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PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
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BEGINNING AT A ½" IRON ROD FOUND, LYING IN THE SOUTH RIGHT-OF-WAY, |
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DESCRIBED IN A DEED TO THE STATE OF TEXAS, AS RECORDED IN VOLUME |
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129, PAGE 551 OF THE DEED RECORDS OF BURNET COUNTY TEXAS |
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(D.R.B.C.T.), THE APPROXIMATE WEST LINE OF THE JASON WORMSLEY |
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SURVEY NO. 601, ABSTRACT NO. 959 AND THE APPROXIMATE EAST LINE OF |
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SAID F. LEUDERS SURVEY, FOR THE NORTHWEST CORNER OF THAT CALLED 470 |
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ACRE TRACT OF LAND, DESCRIBED IN A DEED TO H. R. ANDERSON, AS |
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RECORDED IN VOLUME 80, PAGE 593 D.R.B.C.T., THE NORTHEAST CORNER OF |
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SAID 414.7 ACRE TRACT, AND THE NORTHEAST CORNER HEREOF. |
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THENCE S01°52'16"E [S01°52'16"E], WITH THE APPROXIMATE WEST LINE OF |
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SAID JASON WORMSLEY SURVEY, THE WEST LINE OF SAID 470 ACRE TRACT, |
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THE APPROXIMATE EAST LINE OF SAID F. LEUDERS SURVEY, THE EAST LINE |
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OF SAID 414.78 ACRE TRACT, AND THE EAST LINE HEREOF, A DISTANCE OF |
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2,643.85 FEET, TO A CALCULATED POINT, IN THE CITY OF HORSESHOE BAY'S |
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APPROXIMATE EXTRA TERRITORIAL JURISDICTION (ETJ) LINE, FOR THE |
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EASTERLY SOUTHEST CORNER HEREOF, FROM WHICH A ½" IRON ROD FOUND, FOR |
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THE NORTHEAST CORNER OF HORSESHOE BAY SOUTH PLAT K10.1, AS RECORDED |
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IN VOLUME 4 PAGE 87-B OF THE PLAT RECORDS OF BURNET COUNTY, TEXAS |
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(P.R.B.C.T.) AND THE EASTERLY SOUTHEAST CORNER OF SAID 414.78 ACRE |
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TRACT, BEARS S01°52'16"E [S01°52'16"E]. A DISTANCE OF 1,628.02 |
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FEET; |
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THENCE, OVER AND ACROSS, SAID 414.78 ACRE TRACT, WITH SAID CITY OF |
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HORSESHOE BAY'S APPROXIMATE ETJ LINE, THE FOLLOWING TWO (2) CALLS |
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NUMBERED 1 AND 2: |
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1. S88°25'56"W, WITH A SOUTH LINE HEREOF, A DISTANCE |
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OF 2,117.67 FEET. TO A CALCULATED POINT, AT THE BEGINNING OF |
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A NON-TANGENT CURVE TO THE RIGHT, FOR AN INTERIOR CONER |
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HEREOF, AND |
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2. WITH AN INTERIOR LINE HEREOF AND SAID NON-TANGENT |
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CURVE TO THE RIGHT, AN ARC LENGTH OF 1,262.09 FEET, HAVING A |
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RADIUS OF 2,545.06 FEET, THROUGH A CENTRAL ANGLE OF 28°24'47", |
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A CHORD BEARING S32°48'10"W, A DISTANCE OF 1,249.20 FEET, TO A |
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CALCULATED POINT, IN THE APPROXIMATE NORTH LINE OF THE J. |
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HARRELL SURVEY NO. 570, ABSTRACT NO. 454, THE NORTH LINE OF |
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HORSESHOE BAY SOUTH PLAT K8.1, AS RECODED IN VOLUME 3, PAGE 86 |
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P.R.B.C.T., THE APPROXIMATE SOUTH LINE OF SAID F. ENGLEKING |
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SURVEY, A SOUTH LINE OF SAID 414.78 ACRE TRACT, FOR THE |
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WESTERLY SOUTHEAST CONER HEREOF; |
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THENCE S88°51'32"W [S88°51'32"W], WITH THE APPROXIMATE NORTH LINE OF |
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SAID J. HARRELL SURVEY, THE NORTH LINE OF SAID HORSESHOE BAY PLAT |
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K8.1, A NORTH LINE OF HORSESHOE BAY PLAT K11.1, AS RECORDED IN |
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VOLUME 4, PAGE 103 P.R.B.C.T., THE APPROXIMATE SOUTH LINE OF SAID F. |
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ENGLEKING SURVEY, A SOUTH LINE OF SAID 414.78 ACRE TRACT, AND A |
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SOUTH LINE HEREOF, A DISTANCE OF 1,727.31 FEET, TO A STONE MOUND |
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FOUND, LYING WITHIN SAID HORSESHOE BAY PLAT K11.1, IN THE |
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APPROXIMATE EAST LINE OF THE A.C. FUCHS SURVEY NO. 1448, ABSTRACT |
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NO. 1484, FOR THE SOUTHWEST CONER OF SAID F. ENGLEKING SURVEY, THE |
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SOUTHWEST CORNER OF SAID 414.78 ACRE TRACT, AND THE SOUTHWEST |
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CORNER HEREOF; |
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THENCE, N01°59'42"W [N01°59'42"W], WITH THE APPROXIMATE EAST LINE OF |
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SAID A. C. FUCHS SURVEY, THE EAST LINE OF SAID HORSESHOE BAY SOUTH |
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PLAT K11.1, THE EAST LINE OF HORSESHOE BAY PLAT K13.1, AS RECORDED |
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IN VOLUME 4, PAGE 135 P.R.B.C.T., THE EAST LINE OF CASTLE TERRACE, |
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AS RECODED IN VOLUME 1, PAGE 135 P.R.B.C.T., THE EAST LINE OF CASTLE |
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TERRACE, AS RECORDED IN VOLUME 1 PAGE 198 P.R.B.C.T., THE |
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APPROXIMATE WEST LINE OF SAID F. ENGLEKING SURVEY, THE WEST LINE OF |
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SAID 414.78 ACRE TRACT, AND THE WEST LINE HEREOF, A DISTANCE OF |
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3,529.55 FEET, TO A PK NAIL FOUND, LYING IN THE SOUTH RIGHT-OF-WAY |
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LINE OF SAID FM HIGHWAY NO. 2147, FOR THE NORTHEAST CORNER OF SAID |
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CASTLE TERRACE, THE NORTHWEST CORNER OF SAID 414.78 ACRE TRACT AND |
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THE NORTHWEST CORNER HEREOF; |
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THENCE, WITH THE SOUTH RIGHT-OF-WAY LINE OF SAID FM HIGHWAY NO. |
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2147, THE NORTHERLY LINE OF SAID 414.78 ACRE TRACT, AND THE |
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NORTHERLY LINE HEREOF, THE FOLLOWING SIX (6) CALLS, NUMBERED 3 THRU |
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8: |
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3. N79°32'49"E [N79°32'49"E], A DISTANCE OF 37.51 FEET |
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[37.51 FEET], TO A TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) |
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TYPE I CONCRETE MARKER FOUND; |
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4. N80°43'47"E [N80°43'47"E], A DISTANCE OF 370.69 FEET |
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[370.69 FEET], TO A TXDOT TPE I CONCRETE MARKER FOUND, AT THE |
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BEGINNING OF A TANGENT CURVE TO THE LEFT, 50 FEET RIGHT OF |
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ENGINEER'S PC STATION NO. 31+69.60, FROM WHICH A TXDOT TYPE I |
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CONCRETE MARKER FOUND, LYING IN THE NORTH RIGHT-OF-WAY LINE |
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OF SAID FM HIGHWAY NO. 2147, BEARS N09°21'04"W, A DISTANCE OF |
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100.01 FEET; |
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5. WITH SAID CURVE TO THE LEFT, AN ARC LENGTH OF 740.00 |
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FEET [740 FEET], HAVING A RADIUS OF 5,679.58 FEET [5,679.58 |
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FEET], THROUGH A CENTRAL ANGLE OF 07°27'54" [07°27'54"], A |
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CHORD BEARING N84°22'32"E [N84°22'32"E], A DISTANCE OF 739.47 |
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FEET [739.47 FEET], TO A TXDOT TYPE I CONCRETE MARKER FOUND, |
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FOR A POINT OF TANGENCY HEREOF, FROM WHICH A TXDOT TYPE I |
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CONCRETE MARKER FOUND, LYING IN THE NORTH RIGHT-OF-WAY LINE |
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OF SAID FM HIGHWAY NO. 2147, BEARS N01°51'40"W, A DISTANCE OF |
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100.20 FEET; |
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6. N88°02'40"E [N88°02'40"E], A DISTANCE OF 983.60 |
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FEET, TO A TXDOT TYPE I CONCRETE MARKER FOUND, FROM WHICH A |
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TXDOT TYPE I CONCRETE MARKER FOUND, LYING IN THE NORTH |
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RIGHT-OF-WAY LINE OF SAID FM HIGHWAY NO. 2147, BEARS |
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N01°44'07"W, A DISTANCE OF 99.01 FEET; |
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7. N88°04'28"E [N88°04'28"E], A DISTANCE OF 1,400.30 |
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FEET [1,400.30 FEET], TO A TXDOT TYPE I CONCRETE MARKER |
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FOUND, AND |
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8. N87°54'44"E [N87°54'44'E], A DISTANCE OF 1036.65 |
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FEET, TO THE POINT OF BEGINNING, AND CONTAINING 324.621 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. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3990 was passed by the House on May |
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17, 2007, by the following vote: Yeas 143, 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. 3990 was passed by the Senate on May |
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23, 2007, by the following vote: Yeas 30, 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 |