By: Deuell  S.B. No. 323
         (In the Senate - Filed January 25, 2007; February 14, 2007,
  read first time and referred to Committee on Intergovernmental
  Relations; March 22, 2007, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 3, Nays 0;
  March 22, 2007, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 323 By:  Nichols
 
 
A BILL TO BE ENTITLED
 
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)  ___;
               (2)  ___;
               (3)  ___;
               (4)  ___; and
               (5)  ___.
         (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 turnpikes, or improvements in aid of
  those roads or turnpikes.
         (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. (a)  The
  district may impose a tax for any district operation and
  maintenance purpose in the manner provided by Section 49.107, Water
  Code.
         (b)  Section 49.107(f), Water Code, does not apply to
  reimbursements for projects constructed or acquired under Section
  8162.102.
         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.
         (e)  Sections 49.181 and 49.182, Water Code, do not apply to
  a project undertaken by the district under Section 8162.102 or to
  bonds issued by the district to finance the project.
  [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.
 
  * * * * *