S.B. No. 323

	AN ACT
	relating to the creation of the Fairfields Municipal Utility
	District of Kaufman County; providing authority to impose a tax and
	issue bonds; granting the power of eminent domain.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subtitle F, Title 6, Special District Local Laws
	Code, is amended by adding Chapter 8162 to read as follows:
	CHAPTER 8162. FAIRFIELDS MUNICIPAL UTILITY DISTRICT OF KAUFMAN
	COUNTY
	SUBCHAPTER A.  GENERAL PROVISIONS
	Sec. 8162.001.  DEFINITIONS. In this chapter:
	(1)  "Board" means the district's board of directors.
	(2)  "Director" means a board member.
	(3)  "District" means the Fairfields Municipal Utility
	District of Kaufman County.
	Sec. 8162.002.  NATURE OF DISTRICT. The district is a
	municipal utility district in Kaufman County created under and
	essential to accomplish the purposes of Section 52, Article III,
	and Section 59, Article XVI, Texas Constitution.
	Sec. 8162.003.  FINDING OF PUBLIC USE AND BENEFIT.  The
	district is created to serve a public use and benefit.
	Sec. 8162.004.  CONFIRMATION ELECTION REQUIRED. If the
	creation of the district is not confirmed at a confirmation
	election held under Section 8162.023 before September 1, 2009:
	(1)  the district is dissolved September 1, 2009,
	except that the district shall:
	(A)  pay any debts incurred;
	(B)  transfer to Kaufman County any assets that
	remain after the payment of debts; and
	(C)  maintain the organization of the district
	until all debts are paid and remaining assets are transferred; and
	(2)  this chapter expires September 1, 2012.
	Sec. 8162.005.  INITIAL DISTRICT TERRITORY. (a)  The
	district is initially composed of the territory described by
	Section 2 of the Act creating this chapter.
	(b)  The boundaries and field notes contained in Section 2 of
	the Act creating this chapter form a closure. A mistake made in the
	field notes or in copying the field notes in the legislative process
	does not affect:
	(1)  the organization, existence, or validity of the
	district;
	(2)  the right of the district to impose taxes; or
	(3)  the legality or operation of the board.
	[Sections 8162.006-8162.020 reserved for expansion]
	SUBCHAPTER A-1. TEMPORARY PROVISIONS
	Sec. 8162.021.  TEMPORARY DIRECTORS. (a)  The temporary
	board consists of:
	(1)  Anthony Francis Apollaro Jr.;
	(2)  John Ryan Brown;
	(3)  Mary Patricia Carson;
	(4)  Paris Milton Rutherford IV; and
	(5)  Marcus Lee Scroggins.
	(b)  If a temporary director fails to qualify for office, the
	temporary directors who have qualified shall appoint a person to
	fill the vacancy. If at any time there are fewer than three
	qualified temporary directors, the Texas Commission on
	Environmental Quality shall appoint the necessary number of persons
	to fill all vacancies on the board.
	(c)  Temporary directors serve until the earlier of:
	(1)  the date directors are elected under Section
	8162.023; or
	(2)  the date this chapter expires under Section
	8162.004.
	Sec. 8162.022.  ORGANIZATIONAL MEETING OF TEMPORARY
	DIRECTORS. As soon as practicable after all the temporary
	directors have qualified under Section 49.055, Water Code, the
	temporary directors shall convene the organizational meeting of the
	district at a location in the district agreeable to a majority of
	the directors. If a location cannot be agreed upon, the
	organizational meeting shall be at the Kaufman County Courthouse.
	Sec. 8162.023.  CONFIRMATION AND INITIAL DIRECTORS'
	ELECTION. The temporary directors shall hold an election to
	confirm the creation of the district and to elect five directors as
	provided by Section 49.102, Water Code.
	Sec. 8162.024.  INITIAL ELECTED DIRECTORS; TERMS. The
	directors elected under Section 8162.023 shall draw lots to
	determine which two shall serve until the first regularly scheduled
	election of directors and which three shall serve until the second
	regularly scheduled election of directors.
	Sec. 8162.025.  EXPIRATION OF SUBCHAPTER. This subchapter
	expires September 1, 2012.
	[Sections 8162.026-8162.050 reserved for expansion]
	SUBCHAPTER B. BOARD OF DIRECTORS
	Sec. 8162.051.  DIRECTORS; TERMS. (a)  The district is
	governed by a board of five directors.
	(b)  Directors serve staggered four-year terms.
	[Sections 8162.052-8162.100 reserved for expansion]
	SUBCHAPTER C. POWERS AND DUTIES
	Sec. 8162.101.  MUNICIPAL UTILITY DISTRICT POWERS AND
	DUTIES.  The district has the powers and duties provided by the
	general law of this state, including Chapters 49 and 54, Water Code,
	applicable to municipal utility districts created under Section 59,
	Article XVI, Texas Constitution.
	Sec. 8162.102.  ROAD PROJECTS. (a)  The district may
	construct, acquire, improve, maintain, or operate macadamized,
	graveled, or paved roads or improvements in aid of those roads.
	(b)  A road project must meet all applicable construction
	standards, zoning and subdivision requirements, and regulations of
	each municipality in whose corporate limits or extraterritorial
	jurisdiction the district is located.  If the district is not
	located in the corporate limits or extraterritorial jurisdiction of
	a municipality, a road project must meet all applicable
	construction standards, zoning and subdivision requirements, and
	regulations of each county in which the district is located.
	(c)  The district may not undertake a road project unless
	each municipality in whose corporate limits or extraterritorial
	jurisdiction the district is located consents by resolution.  If
	the district is not located in the corporate limits or
	extraterritorial jurisdiction of a municipality, the district may
	not undertake a road project unless each county in which the
	district is located consents by resolution.
	Sec. 8162.103.  ROAD CONTRACTS. The district may contract
	for a road project in the manner provided by Subchapter I, Chapter
	49, Water Code.
	[Sections 8162.104-8162.150 reserved for expansion]
	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
	Sec. 8162.151.  OPERATION AND MAINTENANCE TAX. The district
	may impose a tax for any district operation and maintenance purpose
	in the manner provided by Section 49.107, Water Code.
	Sec. 8162.152.  TAX TO REPAY BONDS.  The district may impose
	a tax to pay the principal of and interest on bonds issued under
	Section 8162.201.
	Sec. 8162.153.  UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
	ASSESSMENTS.  The district may not impose an impact fee or
	assessment on the property, including the equipment,
	rights-of-way, facilities, or improvements, of:
	(1)  an electric utility or a power generation company
	as defined by Section 31.002, Utilities Code;
	(2)  a gas utility as defined by Section 101.003 or
	121.001, Utilities Code;
	(3)  a telecommunications provider as defined by
	Section 51.002, Utilities Code;
	(4)  a cable operator as defined by 47 U.S.C. Section
	522; or
	(5)  a person who provides to the public advanced
	telecommunications services.
	[Sections 8162.154-8162.200 reserved for expansion]
	SUBCHAPTER E.  BONDS
	Sec. 8162.201.  AUTHORITY TO ISSUE BONDS AND OTHER
	OBLIGATIONS. (a)  The district may issue bonds or other
	obligations as provided by Chapters 49 and 54, Water Code, and to
	finance the construction, maintenance, or operation of projects
	under Section 8162.102.
	(b)  The district may issue bonds or other obligations
	payable wholly or partly from ad valorem taxes, impact fees,
	revenue, grants, or other district money.
	(c)  The district may not issue bonds or other obligations
	secured wholly or partly by ad valorem taxation to finance projects
	authorized by Section 8162.102 unless the issuance is approved by a
	vote of a two-thirds majority of district voters voting at an
	election called for that purpose.
	(d)  Bonds or other obligations issued or incurred to finance
	projects authorized by Section 8162.102 may not exceed one-fourth
	of the assessed value of the real property in the district.
	[Sections 8162.202-8162.250 reserved for expansion]
	SUBCHAPTER F. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
	Sec. 8162.251.  DIVISION OF DISTRICT; REQUIREMENTS. (a)  At
	any time before the district issues indebtedness secured by taxes
	or net revenue, the district may be divided into two or more new
	districts.
	(b)  A new district created by division of the district must
	be at least 100 acres.
	(c)  Any new district created by the division of the district
	may not, at the time the new district is created, contain any land
	outside the area described by Section 2 of the Act creating this
	chapter.
	(d)  The board may consider a proposal to divide the district
	on:
	(1)  a petition of a landowner in the district; or
	(2)  a motion by the board.
	(e)  If the board decides to divide the district, the board
	shall:
	(1)  set the terms of the division, including names for
	the new districts and a plan for the payment or performance of any
	outstanding district obligations; and
	(2)  prepare a metes and bounds description for each
	proposed district.
	Sec. 8162.252.  ELECTION FOR DIVISION OF DISTRICT.
	(a)  After the board has complied with Section 8162.251(e), the
	board shall hold an election in the district to determine whether
	the district should be divided as proposed.
	(b)  The board shall give notice of the election not later
	than the 35th day before the date of the election. The notice must
	state:
	(1)  the date and location of the election; and
	(2)  the proposition to be voted on.
	(c)  If a majority of the votes cast are in favor of the
	division:
	(1)  the district is divided; and
	(2)  not later than the 30th day after the date of the
	election, the district shall provide written notice of the division
	to:
	(A)  the Texas Commission on Environmental
	Quality;
	(B)  the attorney general;
	(C)  the commissioners court of each county in
	which a new district is located; and
	(D)  any municipality having extraterritorial
	jurisdiction over territory in each new district.
	(d)  If a majority of the votes cast are not in favor of the
	division, the district may not be divided.
	Sec. 8162.253.  ELECTION OF DIRECTORS OF NEW DISTRICTS.
	(a)  Not later than the 90th day after the date of an election in
	favor of the division of the district, the board shall:
	(1)  appoint itself as the board of one of the new
	districts; and
	(2)  appoint five directors for each of the other new
	districts.
	(b)  Directors appointed under Subsection (a)(1) serve the
	staggered terms to which they were elected in the original
	district.  Directors appointed under Subsection (a)(2) serve until
	the election for directors under Subsection (c).
	(c)  On the uniform election date in May of the first
	even-numbered year after the year in which the directors are
	appointed, the appointed board shall hold an election to elect five
	directors in each district for which directors were appointed under
	Subsection (a)(2).  The directors shall draw lots to determine
	which two shall serve until the next regularly scheduled election
	of directors and which three shall serve until the second regularly
	scheduled election of directors.
	Sec. 8162.254.  CONTINUING POWERS AND OBLIGATIONS OF NEW
	DISTRICTS. (a)  Each new district may incur and pay debts and has
	all powers of the original district created by this chapter.
	(b)  If the district is divided as provided by this
	subchapter, the current obligations and any bond authorizations of
	the district are not impaired. Debts shall be paid by revenue or by
	taxes or assessments imposed on real property in the district as if
	the district had not been divided or by contributions from each new
	district as stated in the terms set by the board under Section
	8162.251(e).
	(c)  Any other district obligation is divided pro rata among
	the new districts on an acreage basis or on other terms that are
	satisfactory to the new districts.
	Sec. 8162.255.  CONTRACT AUTHORITY OF NEW DISTRICTS. The
	new districts may contract with each other for:
	(1)  water and wastewater services; or
	(2)  any other matter the boards of the new districts
	consider appropriate.
	SECTION 2.  The Fairfields Municipal Utility District of
	Kaufman County initially includes all the territory contained in
	the following described area:
	TRACT 1
	BEING a tract of and situated in the Benjamin Kimberling Survey,
	Abstract No. 265, Joseph Russell Survey, Abstract No. 429, William
	Clement Survey, Abstract No. 104, Hudson Tabor Survey, Abstract No.
	542, J. H. Hamilton Survey, Abstract No. 207, A. J. Paschall Survey,
	Abstract No. 396, E. Helmstetter Survey, Abstract No. 229, W. C.
	Moody Survey, Abstract No. 322, William McMurry Survey, Abstract
	No. 348, and the James W. Cude Survey, Abstract No. 90, Kaufman
	County, Texas, and being a portion of a 834.0416 acre tract of land
	as described in instrument to H. L. Hunt and recorded in Volume 318,
	Page 542, a portion of a tract of land as described in instrument to
	Hunt Oil Company and recorded in Volume 458, Page 2, all of a tract
	of land as described in instrument to H. L. Hunt as recorded in
	Volume 1034, Page 877, all of a tract of land as described in
	instrument to Hunt Oil Company and recorded in Volume 2466, Page
	210, a portion of a tract of land to H. L. Hunt as described in
	instrument Volume 322, Page 182, all of a tract of land as described
	in instrument to H. L. Hunt and recorded in Volume 328, Page 299,
	all of a tract of land as described in instrument to Hunt Oil
	Company and recorded in Volume 482, Page 410, all of a tract of land
	as described in instrument to Hunt Oil Company and recorded in
	Volume 2484, Page 320, all of a tract of land as described in
	instrument to Hunt Oil Company and recorded in Volume 2489, Page
	349, all of a tract of land as described in instrument to Hunt Oil
	Company and recorded in Volume 2468, Page 127, all of the Deed
	Records of Kaufman County, Texas, and being more particularly
	described as follows:
	BEGINNING at concrete right-of-way monument found at the
	intersection of the southerly right-of-way line of the Union
	Pacific Railroad (formerly the Texas & Pacific Railroad) with the
	westerly right-of-way line of Farm-to-Market Highway No. 429 (F.M.
	429), a 90 foot wide right-of-way as established by instrument
	recorded in Volume 355, Page 203 of the Deed Records of Kaufman
	County, Texas;
	THENCE, along the westerly right-of-way line of said F.M. 429,
	South 03 degrees 04 minutes 11 seconds East a distance of 3,527.31
	feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars" at
	the beginning of a curve to the left having a radius of 565.87 feet;
	THENCE, continuing along the southwesterly right-of-way line of
	F.M. 429 and along said curve to the left through a central angle of
	43 degrees 43 minutes 48 seconds, an arc length of 431.89 feet,
	being subtended by a chord of South 24 degrees 56 minutes 05 seconds
	East a distance of 421.48 feet to a 5/8 inch iron rod set with cap
	stamped "Huitt-Zollars";
	THENCE, South 46 degrees 47 minutes 59 seconds East continuing
	along the Southwesterly right-of-way line of F.M. 429 a distance of
	2,248.36 feet to a 3/8 inch iron rod found for the most Northerly
	corner of a 5 acre tract of land as described in General Warranty
	Deed to Harless Steven Rattan and wife, Reva O. Rattan as recorded
	in Volume 1881, Page 1, Deed Records of Kaufman County, Texas;
	THENCE, departing the Southwesterly right-of-way line of said FM
	429, South 43 degrees 22 minutes 31 seconds West along the
	Northwesterly line of said Rattan Tract, a distance of 838.79 feet
	to a 3/8 inch iron rod found for the most Westerly corner of said
	Rattan Tract;
	THENCE, South 46 degrees 46 minutes 43 seconds East a distance of
	259.56 feet to a point for a corner on the southeasterly line of
	said McCaghren Tract, from which a 3/8 inch iron rod found bears
	North 87 degrees 13 minutes 08 seconds East, a distance of 0.68 feet
	and a second 3/8 inch iron rod found bears South 49 degrees 11
	minutes 33 seconds West, a distance of 2.24 feet;
	THENCE, South 43 degrees 21 minutes 30 seconds West a distance of
	1,275.46 feet to a 5/8 inch iron rod set with cap stamped
	"Huitt-Zollars" at the North corner of said tract of land to H. L.
	Hunt, as recorded in Volume 1034, Page 877, said point being the
	North corner of the said William Clements Survey;
	THENCE, South 47 degrees 03 minutes 28 seconds East with the
	Northeast line of the said William Clements Survey and continuing
	with the Northerly Northeast line of the said Joseph Russell Survey
	a distance of 5,301.60 feet to a bent 5/8 iron rod found, said rod
	being in the Northwest line of the H. L. Hunt tract as described in
	Volume 318, Page 542;
	THENCE, North 43 degrees 07 minutes 35 seconds East along the
	Northwest line of the H. L. Hunt tract as described in Volume 318,
	Page 542 a distance of 3,067.25 feet to a 5/8 inch iron rod set with
	cap stamped "Huitt-Zollars" in the Southwest right-of-way line of
	F.M. 429 and being the beginning of a non-tangent curve to the left
	having a radius of 1,190.92 feet;
	THENCE, in a Southeasterly direction along the Southwest
	right-of-way line of F.M. 429 along said curve to the left through a
	central angle of 04 degree 12 minutes 53 seconds, an arc length of
	87.61 feet, being subtended by a chord of South 73 degrees 11
	minutes 23 seconds East a distance of 87.59 feet to a 5/8 inch iron
	rod set with cap stamped "Huitt-Zollars" in a North line of said H.
	L. Hunt tract as described in Volume 318, Page 542;
	THENCE, South 58 degrees 51 minutes 00 seconds East along the North
	line of the last mentioned H. L. Hunt tract a distance of 58.41 feet
	to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars" at the
	beginning of a curve to the left having a radius of 364.54 feet;
	THENCE, continuing along the North line of the last mentioned H. L.
	Hunt tract along said curve to the left through a central angle of
	56 degrees 25 minutes 53 seconds, an arc length of 359.04 feet,
	being subtended by a chord of South 87 degrees 03 minutes 57 seconds
	East a distance of 344.70 feet to a 5/8 inch iron rod set with cap
	stamped "Huitt-Zollars" in the Southwest right-of-way line of F. M.
	429;
	THENCE, continuing along the Southwest right-of-way line of F.M.
	429 the following courses and distances:
	South 86 degrees 09 minutes 28 seconds East a distance of 77.03 feet
	to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars" at the
	beginning of a curve to the right having a radius of 671.20 feet;
	along said curve to the right through a central angle of 40 degrees
	09 minutes 57 seconds, an arc length of 470.53 feet, being subtended
	by a chord of South 66 degrees 04 minutes 29 seconds East a distance
	of 460.95 feet to a 5/8 inch iron rod set with cap stamped
	"Huitt-Zollars";
	South 45 degrees 59 minutes 30 seconds East a distance of 2,629.80
	feet to a point for corner, from which a concrete Texas Department
	of Transportation (TxDOT) monument found bears North 37 degrees 36
	minutes 31 seconds East, 0.48 feet, said point being the beginning
	of a non-tangent curve to the right having a radius of 2,819.79
	feet;
	along said curve to the right through a central angle of 06 degrees
	48 minutes 00 seconds, an arc length of 334.66 feet, being subtended
	by a chord of South 42 degrees 35 minutes 30 seconds East a distance
	of 334.46 feet to a point for corner, from which a concrete Texas
	Department of Transportation (TxDOT) monument found bears North 71
	degrees 55 minutes 44 seconds West, 0.48 feet;
	South 39 degrees 11 minutes 30 seconds East a distance of 115.12
	feet to a point for corner, from which a concrete Texas Department
	of Transportation (TxDOT) monument found bears North 14 degrees 10
	minutes 37 seconds West, 0.26 feet, said point being the beginning
	of a curve to the left having a radius of 2,909.79 feet;
	along said curve to the left through a central angle of 06 degrees
	12 minutes 00 seconds, an arc length of 314.87 feet, being subtended
	by a chord of South 42 degrees 17 minutes 30 seconds East a distance
	of 314.72 feet to a 5/8 inch iron rod set with cap stamped
	"Huitt-Zollars";
	South 45 degrees 23 minutes 30 seconds East a distance of 705.00
	feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars" at
	the beginning of a curve to the left having a radius of 2,909.83
	feet;
	along said curve to the left through a central angle of 05 degrees
	27 minutes 28 seconds, an arc length of 277.18 feet, being subtended
	by a chord of South 48 degrees 06 minutes 43 seconds East a distance
	of 277.07 feet to a 5/8 inch iron rod set with cap stamped
	"Huitt-Zollars";
	South 50 degrees 32 minutes 30 seconds East a distance of 154.67
	feet to a point for corner, from which a concrete Texas Department
	of Transportation (TxDOT) monument found bears North 66 degrees 02
	minutes 36 seconds West, 0.30 feet at the beginning of a curve to
	the right having a radius of 1,387.64 feet;
	along said curve to the right through a central angle of 07 minutes
	40 minutes 00 seconds, an arc length of 185.68 feet, being subtended
	by a chord of South 46 degrees 42 minutes 30 seconds East a distance
	of 185.54 feet to a 5/8 inch iron rod set with cap stamped
	"Huitt-Zollars"
	South 42 degrees 52 minutes 30 seconds East a distance of 316.47
	feet to a point for corner, said point being in Northwest line of a
	tract of land described in instrument to Ernest V. Rogers and wife,
	Cynthia Sue Rogers and recorded in Volume 952, Page 788 of the Deed
	Records of Kaufman County, Texas, from which a 1/2 inch iron rod
	found bears South 44 degrees 48 minutes 38 seconds, 0.48 feet;
	THENCE, South 44 degrees 48 minutes 38 seconds West along the
	Northwest line of the said Rogers and the southeast line of the said
	H. L. Hunt tract as described in Volume 458, Page 2, a distance of
	2,422.47 feet to a fence corner post;
	THENCE, North 45 degrees 19 minutes 53 seconds West a distance of
	1,756.49 feet to a fence corner post;
	THENCE, South 42 degrees 59 minutes 38 seconds West a distance of
	1,465.41 feet to a fence corner post;
	THENCE, South 46 degrees 07 minutes 41 seconds East a distance of
	1,642.52 feet to a fence corner post;
	THENCE, South 43 degrees 02 minutes 42 seconds West a distance of
	888.12 feet to a 10" Hackberry Tree found on the north line of
	Interstate Highway 20;
	THENCE, along the north right-of-way line of Interstate Highway 20
	the following courses and distance:
	North 74 degrees 59 minutes 38 seconds West a distance of 2,680.90
	feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars;
	North 75 degrees 26 minutes 04 seconds West a distance of 1,300.04
	feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars;
	North 74 degrees 59 minutes 38 seconds West a distance of 1,600.00
	feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars;
	North 66 degrees 27 minutes 38 seconds West a distance of 303.36
	feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars;
	North 27 degrees 15 minutes 38 seconds West a distance of 148.64
	feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars;
	North 35 degrees 13 minutes 22 seconds East a distance of 249.92
	feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars;
	North 44 degrees 22 minutes 22 seconds East a distance of 107.90
	feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars;
	North 45 degrees 51 minutes 38 seconds West a distance of 368.81
	feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars at
	the most Westerly Northwest corner of a tract of land as described
	in instrument to H. L. Hunt and recorded in Volume 318, Page 542;
	THENCE, North 43 degrees 06 minutes 41 seconds East along the
	northwest line of said H. L. Hunt tract as recorded in Volume 318,
	Page 542 a distance of 24.21 feet to a 5/8 inch iron rod set with cap
	stamped "Huitt-Zollars at the south corner of said H. L. Hunt tract
	as recorded in Volume 1034, Page 877;
	THENCE, North 46 degrees 18 minutes 38 seconds West along the
	Southwest line of said H. L. Hunt tract as recorded in Volume 1034,
	Page 877 a distance of 5,289.65 feet to a 1/2 iron rod found at the
	west corner of the last mentioned H. L. Hunt tract;
	THENCE, North 43 degrees 04 minutes 01 seconds East along the
	Northwest line of the last mentioned H. L. Hunt tract a distance of
	0.56 feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars
	in the north right-of-way line of Airport Road as established by
	instrument to the City of Terrell for road right-of-way dated July
	27, 2004;
	THENCE, along the North right-of-way line of Airport Road the
	following courses and distances:
	North 46 degrees 42 minutes 19 seconds West a distance of 136.81
	feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars;
	North 46 degrees 21 minutes 25 seconds West a distance of 480.30
	feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars;
	North 46 degrees 08 minutes 50 seconds West a distance of 582.25
	feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars;
	North 46 degrees 42 minutes 43 seconds West a distance of 195.07
	feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars;
	North 48 degrees 12 minutes 12 seconds West a distance of 100.52
	feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars;
	North 49 degrees 05 minutes 54 seconds West a distance of 151.43
	feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars;
	North 45 degrees 04 minutes 36 seconds West a distance of 1,121.91
	feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars in
	the Northwest line of the said Hunt Oil Company tract as recorded in
	Volume 2466, Page 210;
	THENCE, South 43 degrees 35 minutes 44 seconds West along the
	Northwest line of the last mentioned Hunt Oil Company tract a
	distance of 91.96 feet to a cut cross found in concrete at the West
	corner of the said Hunt Oil Company tract as recorded in Volume
	2466, Page 210, said corner also being the south corner of the said
	H. L. Hunt tract as recorded in Volume 328, Page 299;
	THENCE, North 42 degrees 27 minutes 27 seconds West along the
	Southwest line of the said H. L. Hunt tract as recorded in Volume
	328, Page 299 a distance of 769.09 feet to a 5/8 inch iron rod set
	with cap stamped "Huitt-Zollars;
	THENCE, North 46 degrees 19 minutes 18 seconds West continuing
	along the Southwest line of the last mention H. L. Hunt tract a
	distance of 2,272.73 feet to a cut cross set in concrete at the west
	corner of the last mentioned H. L. Hunt tract;
	THENCE, North 64 degrees 21 minutes 57 seconds East along a
	Northwest line of the last mention H. L. Hunt tract a distance of
	1,775.49 feet to a fence corner, same being a large tree;
	THENCE, North 30 degrees 23 minutes 40 seconds East along a West
	line of the last mention H. L. Hunt tract a distance of 166.50 feet
	to a railroad spike set in tree root;
	THENCE, North 14 degrees 01 minute 46 seconds West continuing along
	a Southwest line of the last mention H. L. Hunt tract a distance of
	226.95 feet to a 5/8 inch iron rod set with cap stamped
	"Huitt-Zollars in fence line;
	THENCE, North 21 degrees 49 minutes 11 seconds West continuing
	along a Southwest line of the last mention H. L. Hunt tract and
	along a fence line a distance of 294.75 feet to a fence corner post;
	THENCE, North 27 degrees 38 minutes 46 seconds West continuing
	along a Southwest line of the last mention H. L. Hunt tract and
	along a fence line a distance of 785.05 feet to a fence corner post;
	THENCE, North 25 degrees 07 minutes 59 seconds West continuing
	along a Southwest line of the last mention H. L. Hunt tract and
	along a fence a distance of 520.74 feet to a 1/2 iron rod found with
	cap stamped "Neagles RPLS 5239";
	THENCE, North 73 degrees 05 minutes 55 seconds West a distance of
	742.11 feet to a 5/8 inch iron rod found;
	THENCE, South 64 degrees 39 minutes 12 seconds West continuing a
	Southeast line of the last mention H. L. Hunt tract a distance of
	382.45 feet to a fence corner post;
	THENCE, North 46 degrees 40 minutes 18 seconds West continuing
	along a Southwest line of the last mention H. L. Hunt tract and
	along a fence line and an extension thereof a distance of 287.37
	feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars in
	the centerline of a road at the most northerly west corner of the
	last mentioned H. L. Hunt tract, from which a 1/2 inch iron rod
	found bears North 63 degrees 28 minutes 24 seconds West, 2.38 feet;
	THENCE, North 43 degrees 13 minutes 19 seconds East along a
	Northwest line of the last mentioned H.L. Hunt and along the
	centerline of a road a distance of 1,259.54 feet to a 5/8 inch iron
	rod set with cap stamped "Huitt-Zollars in the centerline of
	College Mound Road;
	THENCE, South 47 degrees 34 minutes 51 seconds East along a
	Northeast line of the last mentioned H.L. Hunt and along the
	centerline of College Mound Road a distance of 1,080.86 feet to a
	5/8 inch iron rod set with cap stamped "Huitt-Zollars;
	THENCE, South 73 degrees 23 minutes 16 seconds East continuing
	along a Northerly line of the last mentioned H.L. Hunt and along the
	centerline of College Mound Road a distance of 691.14 feet to a
	metal bar found in the center of a wooden bridge, same being the
	centerline of Kings Creek;
	THENCE, North 13 degrees 19 minutes 44 seconds East along the
	centerline of Kings Creek a distance of 30.33 feet to the Southeast
	corner of the Greenbelt Addition, recorded in Cabinet 1, Sleeve 324
	of the Plat Records of Kaufman County, Texas;
	THENCE, with the Northeasterly line of the said Greenbelt Addition
	and the centerline of Kings Creek the following courses and
	distances:
	North 09 degrees 03 minutes 42 seconds East a distance of 47.11 feet
	to a point for corner;
	North 36 degrees 13 minutes 18 seconds West a distance of 36.15 feet
	to a point for corner;
	North 74 degrees 58 minutes 16 seconds West a distance of 307.46
	feet to a point for corner;
	North 02 degrees 53 minutes 41 seconds West a distance of 38.38 feet
	to a point for corner;
	North 44 degrees 58 minutes 25 seconds East a distance of 107.34
	feet to a point for corner;
	North 02 degrees 08 minutes 44 seconds East a distance of 45.54 feet
	to a point for corner;
	North 42 degrees 29 minutes 01 second West a distance of 100.80 feet
	to a point for corner;
	North 34 degrees 15 minutes 02 seconds East a distance of 116.47
	feet to a point for corner;
	North 10 degrees 59 minutes 15 seconds East a distance of 55.00 feet
	to a point for corner;
	North 31 degrees 10 minutes 25 seconds West a distance of 171.33
	feet to a point for corner;
	North 25 degrees 01 minutes 25 seconds East a distance of 70.09 feet
	to a point for corner;
	North 74 degrees 52 minutes 25 seconds East a distance of 120.41
	feet to a point for corner;
	North 01 degree 02 minutes 44 seconds East a distance of 52.80 feet
	to a point for corner;
	North 18 degrees 07 minutes 02 seconds West a distance of 111.02
	feet to a point for corner;
	North 40 degrees 43 minutes 56 seconds East a distance of 40.31 feet
	to the confluence of Kings Creek and a branch for corner;
	THENCE, with the Northeasterly line of the said Greenbelt Addition
	and the centerline of Branch the following courses and distances:
	North 14 degrees 09 minutes 42 seconds West a distance of 122.13
	feet to a point for corner;
	North 73 degrees 19 minutes 07 seconds West a distance of 22.83 feet
	to a point for corner;
	North 45 degrees 24 minutes 53 seconds West a distance of 127.01
	feet to a point for corner;
	North 07 degrees 38 minutes 33 seconds West a distance of 15.00 feet
	to a point for corner;
	North 49 degrees 28 minutes 56 seconds West a distance of 46.17 feet
	to a point for corner;
	North 18 degrees 48 minutes 09 seconds West a distance of 59.93 feet
	to a point for corner;
	North 34 degrees 18 minutes 35 seconds West a distance of 203.21
	feet to a point for corner;
	North 74 degrees 55 minutes 58 seconds West a distance of 73.06 feet
	to a point for corner;
	North 37 degrees 01 minute 03 seconds West a distance of 284.75 feet
	to the north corner of said Greenbelt Addition;
	THENCE, South 42 degrees 27 minutes 36 seconds West along the
	northwest side of the said Greenbelt Addition a distance of 48.18
	feet to a fence corner post, said post being in the southwest line
	of the Hunt Oil Company tract as recorded in Volume 482, Page 410;
	THENCE, North 46 degrees 55 minutes 28 seconds West along a
	southwest line of the last mentioned Hunt Oil Company tract and
	along a fence line a distance of 2,111.39 feet to a fence corner
	post;
	THENCE, North 51 degrees 15 minutes 08 seconds East along a
	northwesterly line of the last mentioned Hunt Oil Company tract and
	along a fence line passing at 310.00 feet a 5/8 inch iron rod set, in
	all a distance of 320.00 feet to an inner ell corner of the Hunt Oil
	Company tract as recorded in Volume 482, Page 410;
	THENCE, North 63 degrees 38 minutes 20 seconds West along a
	southwest line of the last mentioned Hunt Oil Company tract a
	distance of 324.26 feet to a 5/8 inch iron rod set with cap stamped
	"Huitt-Zollars";
	THENCE, North 61 degrees 09 minutes 01 second West continuing along
	a southwest line of the last mentioned Hunt Oil Company tract a
	distance of 445.60 feet to a fence corner post in the southerly
	right-of-way line of the Union Pacific Railroad spur, said post
	being the beginning of a non-tangent curve to the right having a
	radius of 795.00 feet;
	THENCE, along the southerly right-of-way line of the Texas &
	Pacific Railroad spur and along a curve to the right through a
	central angle of 20 degrees 21 minutes 36 seconds, an arc length of
	282.50 feet, being subtended by a chord of North 77 degrees 21
	minutes 05 seconds East a distance of 281.02 feet to a 5/8 inch iron
	rod set with cap stamped "Huitt-Zollars" in the south right-of-way
	line of the Union Pacific Railroad, a 100.00 foot wide
	right-of-way;
	THENCE, South 82 degrees 57 minutes 54 seconds East along the south
	right-of-way line of the Union Pacific Railroad a distance of
	3,744.63 feet to a 5/8 inch iron rod set with cap stamped
	"Huitt-Zollars" at the northwest corner of a tract of land as
	described in instrument to Texas Power and Light Company as
	recorded in Volume 526, Page 665 of the Deed Records of Kaufman
	County, Texas;
	THENCE, South 11 degrees 36 minutes 24 seconds West departing the
	south right-of-way line of the Union Pacific Railroad and along the
	west ling of the said Texas Power and Light Company tract a distance
	of 300.79 feet to a 5/8 inch iron rod set with cap stamped
	"Huitt-Zollars" at the southwest corner of the said Texas Power and
	Light Company Tract;
	THENCE, along the southerly line of said Texas Power and Light
	Company Tract, South 83 degrees 00 minutes 21 seconds East along the
	south line of the said Texas Power and Light Company tract passing
	at 110.00 feet a concrete Texas Power & Light Company monument with
	a brass cap found at the southeast corner of the last mentioned
	Texas Power and Light Company tract, said monument also being the
	southwest corner of a tract of land as described in instrument to
	Texas Power & Light Company as recorded in Volume 195, Page 158 of
	the Deed Records of Kaufman County, Texas, in all a distance of
	410.66 feet to a galvanized steel post in concrete stamped "T P& L
	Co. prop. corner" at the southeast corner of said Texas Power and
	Light Company Tract;
	THENCE, along the easterly line of said Texas Power and Light
	Company Tract (Vol. 195, Page 158) and continuing along the
	aforementioned Texas Power and Light Company Tract (Vol. 206, Page
	380) North 11 degrees 27 minutes 59 seconds East a distance of
	300.44 feet (Deed North 13 degrees 27 minutes 16 seconds East,
	300.00 feet) to a one inch iron rod found in the south right-of-way
	line of the Union Pacific Railroad;
	THENCE, South 82 degrees 57 minutes 54 seconds East along the south
	right-of-way line of the Union Pacific Railroad a distance of
	2,270.17 feet to the POINT OF BEGINNING and CONTAINING 2,352.6
	acres of land, more or less.
	TRACT 2
	BEING a tract of land situated in the Benjamin Kimberling Survey,
	Abstract No. 265, Kaufman County, Texas, and being a portion of a
	834.0416 acre tract of land as described in instrument to H. L. Hunt
	as recorded in Volume 318, Page 542, subsequently deeded to Hunt Oil
	Company in Volume 427, Page 119 of the Deed Records of Kaufman
	County, Texas, and being a portion of a 22.634 acre tract of land as
	described in instrument to Hunt Oil Company as recorded in Volume
	2622, Page 444 of the Deed Records of Kaufman County, Texas, and
	being all of a 65.24 acre tract of land as described in instrument
	to Hunt Oil Company as recorded in Volume 2723, Page 294 of the Deed
	Records of Kaufman County, Texas, and being more particularly
	described as follows:
	BEGINNING 5/8 inch iron rod set with cap stamped "Huitt-Zollars" at
	the intersection of the south right-of-way line of Interstate
	Highway 20, a variable width right-of-way, with the east line of the
	Kaufman-Van Zandt Baptist Area Church, Inc. tract as described in
	instrument recorded in Volume 1470, Page 1 of the Deed Records of
	Kaufman County, Texas;
	THENCE, along the south right-of-way of Interstate Highway 20 the
	following:
	South 74 degrees 59 minutes 38 seconds East a distance of 1,388.56
	feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars";
	South 74 degrees 06 minutes 45 seconds East a distance of 1,300.15
	feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars",
	from which a Texas Department of Transportation concrete highway
	monument found bears South 33 degrees 20 minutes 55 seconds East,
	1.16 feet;
	South 74 degrees 59 minutes 38 seconds East a distance of 2,473.19
	feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars" in
	a southeast line of the said H. L. Hunt tract, from which a Texas
	Department of Transportation concrete highway monument found bears
	South 78 degrees 07 minutes 55 seconds East, 1.47 feet;
	South 74 degrees 59 minutes 38 seconds East a distance of 326.81
	feet to a five-eighths inch iron rod set with cap stamped
	"Huitt-Zollars", from which a TxDOT concrete monument found bears
	South 84 degrees 10 minutes 06 seconds East, 1.13 feet;
	South 74 degrees 30 minutes 59 seconds East a distance of 600.02
	feet to a point for corner, from which a TxDOT concrete monument
	found bears North 47 degrees 49 minutes 51 seconds East, 0.33 feet;
	South 74 degrees 59 minutes 38 seconds East a distance of 600.00
	feet to a point for corner, from which a TxDOT concrete monument
	found bears South 75 degrees 52 minutes 04 seconds East, 0.48 feet;
	South 73 degrees 33 minutes 42 seconds East a distance of 400.12
	feet to a point for corner, from which a TxDOT concrete monument
	found bears North 13 degrees 14 minutes 53 seconds East, 0.48 feet;
	South 74 degrees 59 minutes 38 seconds East a distance of 78.53 feet
	to a five-eighths inch iron rod found with cap stamped
	"Huitt-Zollars" in the southeasterly line of said Hunt Oil Company
	tract (Vol. 2723, Pg. 294);
	THENCE, South 46 degrees 58 minutes 57 seconds West along the
	southeast line of the last mentioned Hunt Oil Company tract a
	distance of 2,162.15 feet to a fence corner post at the south corner
	of the said last mentioned Hunt Oil Company tract;
	THENCE, North 46 degrees 30 minutes 03 seconds West along the
	southwest line of the last mentioned Hunt Oil Company tract a
	distance of 1,628.60 feet to a fence corner post at the west corner
	of the last mentioned Hunt Oil Company tract, said corner also being
	a south corner of the said Hunt Oil Company Tract (Vol. 427, Pg.
	119) and the west corner of said Hunt Oil Company tract (Vol. 2723,
	Pg. 294);
	THENCE, North 46 degrees 52 minutes 48 seconds West along a
	southwest line of the said Hunt Oil Company tract (Vol. 427, Pg.
	119) and along a fence line a distance of 744.85 feet to the
	southeast line of the said Hunt Oil Company tract (Vol. 2622, Pg.
	444);
	THENCE, South 44 degrees 33 minutes 51 seconds West along a
	southeast of the last mentioned Hunt Oil Company tract a distance of
	1,374.94 feet to a 5/8 inch iron rod set with cap stamped
	"Huitt-Zollars";
	THENCE, North 46 degrees 22 minutes 46 seconds West a distance of
	200.00 feet to a five-eighths inch iron rod found with cap stamped
	"Huitt-Zollars";
	THENCE, South 44 degrees 33 minutes 51 seconds West a distance of
	217.83 feet to a five-eighths inch iron rod found with cap stamped
	"Huitt-Zollars" on the south line of the last mentioned Hunt Oil
	Company tract;
	THENCE, North 46 degrees 22 minutes 46 seconds West a distance of
	419.46 feet to the west corner of the last mentioned Hunt Oil
	Company tract, and being on the southeast line of the said Hunt Oil
	Company (Vol. 427, Pg. 119), from which a five-eighths inch iron rod
	found with cap stamped "Huitt-Zollars", bears North 44 degrees 37
	minutes 00 seconds East a distance of 20.77 feet;
	THENCE, South 44 degrees 37 minutes 00 seconds West a distance of
	5.65 feet to the southern most corner of the last mentioned Hunt Oil
	Company tract, and being in the centerline of County Road 136;
	THENCE, North 45 degrees 58 minutes 05 seconds West along a
	southwest line of the last mentioned Hunt Oil Company tract and
	generally along the centerline of said County Road 136, a distance
	of 3,081.35eet to a PK nail found at the most southerly corner of
	said Kaufman-Van Zandt Baptist Area Church, Inc. tract;
	THENCE, North 43 degrees 49 minutes 13 seconds East along the east
	line of said Kaufman-Van Zandt Baptist Area Church, Inc. tract a
	distance of 195.34 feet to a 5/8 inch iron rod set with cap stamped
	"Huitt-Zollars";
	THENCE, North 14 degrees 34 minutes 18 seconds East continuing
	along the east line of said Kaufman-Van Zandt Baptist Area Church,
	Inc. tract a distance of 168.66 feet to a the POINT OF BEGINNING and
	CONTAINING 201.3 acres of land, more or less.
	TRACT 3
	BEING a tract of land situated in the Benjamin Kimberling Survey,
	Abstract No. 265 and the Joseph Russell Survey, Abstract No. 429,
	Kaufman County, Texas, and being a portion of a tract of 110.5 acre
	tract of land as described in instrument to H. L. Hunt as recorded
	in Volume 322, Page 129 of the Deed Records of Kaufman County,
	Texas, and being more particularly described as follows:
	BEGINNING 5/8 inch iron rod set with cap stamped "Huitt-Zollars" at
	the west corner of said Hunt tract, said point being at the
	intersection of the projected centerline of F.M. 429 (formerly
	known as College Mound Road) with the centerline of Kaufman County
	Road No. 309;
	THENCE, North 43 degrees 58 minutes 52 seconds East along the
	northwest line of said Hunt tract a distance of 2,252.13 feet to a
	fence corner post;
	THENCE, South 46 degrees 32 minutes 42 seconds East along the
	northeast line of said Hunt tract and along a fence line a distance
	of 2,129.12 feet to a 5/8 inch iron rod set with cap stamped
	"Huitt-Zollars" at the east corner of said Hunt tract;
	THENCE, South 44 degrees 17 minutes 57 seconds West along the
	southeast line of said Hunt tract and along a fence line a distance
	of 2,227.72 feet to a 5/8 inch iron rod set with cap stamped
	"Huitt-Zollars" in the northerly right-of-way line of F.M. 429, a
	90.0 foot wide right-of-way, as established deed recorded in Volume
	355, Page 221 of the Deed Records of Kaufman County, Texas;
	THENCE, North 45 degrees 59 minutes 30 seconds West along the
	northerly right-of-way line of F.M. 429 a distance of 1,623.46 feet
	to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars" at the
	beginning of a curve to the left having a radius of 761.20 feet;
	THENCE, continuing along the northerly right-of-way line of F.M.
	429 and along said curve to the left through a central angle of 19
	degrees 47 minutes 59 seconds, arc length of 263.05 feet, being
	subtended by a chord of North 55 degrees 53 minutes 30 seconds West
	a distance of 261.74 feet to a 5/8 inch iron rod set with cap stamped
	"Huitt-Zollars" in the southwest line of the said Hunt tract;
	THENCE, North 45 degrees 59 minutes 30 seconds West along the
	southwest line of the said Hunt tract a distance of 235.34 feet a
	the POINT OF BEGINNING and CONTAINING 108.39 acres of land, more or
	less.
	SECTION 3.  (a)  The legal notice of the intention to
	introduce this Act, setting forth the general substance of this
	Act, has been published as provided by law, and the notice and a
	copy of this Act have been furnished to all persons, agencies,
	officials, or entities to which they are required to be furnished
	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
	Government Code.
	(b)  The governor, one of the required recipients, has
	submitted the notice and Act to the Texas Commission on
	Environmental Quality.
	(c)  The Texas Commission on Environmental Quality has filed
	its recommendations relating to this Act with the governor, the
	lieutenant governor, and the speaker of the house of
	representatives within the required time.
	(d)  All requirements of the constitution and laws of this
	state and the rules and procedures of the legislature with respect
	to the notice, introduction, and passage of this Act are fulfilled
	and accomplished.
	SECTION 4.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution.  If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2007.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 323 passed the Senate on
	April 19, 2007, by the following vote: Yeas 31, Nays 0; and that
	the Senate concurred in House amendment on May 21, 2007, by the
	following vote: Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 323 passed the House, with
	amendment, on May 17, 2007, by the following vote: Yeas 143,
	Nays 0, two present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor