CHAPTER 8223. MCKINNEY MUNICIPAL UTILITY DISTRICT NO. 1 OF COLLIN COUNTY
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE F. MUNICIPAL UTILITY DISTRICTS
CHAPTER 8223. MCKINNEY MUNICIPAL UTILITY DISTRICT
NO. 1 OF COLLIN COUNTY
For contingent expiration of this chapter, see Section 8223.003.
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8223.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the district.
(2) "Director" means a member of the board.
(3) "District" means the McKinney Municipal Utility District No.
1 of Collin County.
Added by Acts 2007, 80th Leg., R.S., Ch.
943, Sec. 1, eff. September 1, 2007.
Sec. 8223.002. NATURE OF DISTRICT. The district is a municipal
utility district in Collin County created under and essential to
accomplish the purposes of Section 59, Article XVI, Texas
Constitution.
Added by Acts 2007, 80th Leg., R.S., Ch.
943, Sec. 1, eff. September 1, 2007.
Sec. 8223.003. CONFIRMATION ELECTION REQUIRED. If the creation
of the district is not confirmed at a confirmation election held
under Section 8223.024 before September 1, 2011:
(1) the district is dissolved September 1, 2011, except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of debts shall be
transferred to Collin County; and
(C) the organization of the district shall be maintained until
all debts are paid and remaining assets are transferred; and
(2) this chapter expires September 1, 2014.
Added by Acts 2007, 80th Leg., R.S., Ch.
943, Sec. 1, eff. September 1, 2007.
Sec. 8223.004. 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 of the district, as described
by 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;
(3) the validity of the district's bonds, notes, or
indebtedness; or
(4) the legality or operation of the district or the board.
Added by Acts 2007, 80th Leg., R.S., Ch.
943, Sec. 1, eff. September 1, 2007.
SUBCHAPTER A-1. TEMPORARY PROVISIONS
For expiration of this subchapter, see Section 8223.026.
Sec. 8223.021. TEMPORARY DIRECTORS. (a) On or after September
1, 2007, a person who owns land in the district may petition the
Texas Commission on Environmental Quality to appoint as temporary
directors of the district the five persons listed in the
petition.
(b) The commission shall appoint as temporary directors the
persons listed in a petition received by the commission under
Subsection (a). If the commission receives more than one
petition for the district, the commission shall appoint the
directors listed in the first petition the commission receives.
(c) If a temporary director fails to qualify for office, the
commission shall appoint a person to fill the vacancy.
(d) Temporary directors serve until the earlier of:
(1) the date directors are elected under Section 8223.024; or
(2) the date this chapter expires under Section 8223.003.
Added by Acts 2007, 80th Leg., R.S., Ch.
943, Sec. 1, eff. September 1, 2007.
Sec. 8223.022. ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS.
As soon as practicable after all the temporary directors of the
district have qualified under Section 49.055, Water Code, the
temporary directors of the district shall meet at a location in
the district agreeable to a majority of the directors of the
district. At the meeting, the temporary directors shall elect
officers from among the temporary directors and conduct any other
district business.
Added by Acts 2007, 80th Leg., R.S., Ch.
943, Sec. 1, eff. September 1, 2007.
Sec. 8223.023. CONSENT OF MUNICIPALITY REQUIRED. The temporary
directors of the district may not hold an election under Section
8223.024 until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located, if any,
has adopted a resolution consenting to the creation of the
district.
Added by Acts 2007, 80th Leg., R.S., Ch.
943, Sec. 1, eff. September 1, 2007.
Sec. 8223.024. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
The temporary directors of the district shall hold an election to
confirm the creation of the district and to elect five directors
as provided by Section 49.102, Water Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
943, Sec. 1, eff. September 1, 2007.
Sec. 8223.025. INITIAL ELECTED DIRECTORS; TERMS. The directors
of the district elected under Section 8223.024 shall draw lots to
determine which two shall serve until the first regularly
scheduled election of directors under Section 8223.052 and which
three shall serve until the second regularly scheduled election
of directors.
Added by Acts 2007, 80th Leg., R.S., Ch.
943, Sec. 1, eff. September 1, 2007.
Sec. 8223.026. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2014.
Added by Acts 2007, 80th Leg., R.S., Ch.
943, Sec. 1, eff. September 1, 2007.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8223.051. DIRECTORS; TERMS. (a) The district is governed
by a board of five directors.
(b) Directors serve staggered four-year terms.
Added by Acts 2007, 80th Leg., R.S., Ch.
943, Sec. 1, eff. September 1, 2007.
Sec. 8223.052. ELECTION OF DIRECTORS. On the uniform election
date in May of each even-numbered year, the appropriate number of
directors shall be elected.
Added by Acts 2007, 80th Leg., R.S., Ch.
943, Sec. 1, eff. September 1, 2007.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8223.101. GENERAL POWERS. 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.
Added by Acts 2007, 80th Leg., R.S., Ch.
943, Sec. 1, eff. September 1, 2007.
Sec. 8223.102. ROAD PROJECTS. (a) To the extent authorized by
Section 52, Article III, Texas Constitution, the district may
construct, acquire, improve, maintain, or operate macadamized,
graveled, or paved roads, or improvements in aid of those roads,
inside the district.
(b) A road project must meet or exceed all applicable
construction standards, zoning and subdivision requirements, and
regulatory ordinances or orders of each municipality in whose
corporate limits or extraterritorial jurisdiction the district is
located.
(c) If the district is located outside the territorial
jurisdiction of a municipality, a road project must meet all
applicable construction standards, zoning and subdivision
requirements, and regulatory ordinances of each county in which
the district is located.
(d) The district may not undertake a road project unless each
municipality in whose corporate limits or extraterritorial
jurisdiction the district is located consents by ordinance or
resolution.
Added by Acts 2007, 80th Leg., R.S., Ch.
943, Sec. 1, eff. September 1, 2007.
Sec. 8223.103. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCES OR
RESOLUTIONS. The district shall comply with all applicable
requirements of any ordinance or resolution adopted by the city
council of the City of McKinney.
Added by Acts 2007, 80th Leg., R.S., Ch.
943, Sec. 1, eff. September 1, 2007.
Sec. 8223.104. DIVISION OF DISTRICT. (a) The district may be
divided into two new districts only if the district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
(b) The division procedure is prescribed by Sections 53.030
through 53.041, Water Code.
(c) Any new district created by the division of the district has
all the powers and duties of the district.
(d) A new district, at the time it is created by the division of
the district, may not contain land outside the area described by
Section 2 of the Act creating this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch.
943, Sec. 1, eff. September 1, 2007.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8223.151. TAX TO REPAY BONDS. The district may impose a
tax to pay the principal of or interest on bonds issued under
Section 8223.201.
Added by Acts 2007, 80th Leg., R.S., Ch.
943, Sec. 1, eff. September 1, 2007.
Sec. 8223.152. 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; or
(4) a person who provides to the public cable television or
advanced telecommunications services.
Added by Acts 2007, 80th Leg., R.S., Ch.
943, Sec. 1, eff. September 1, 2007.
SUBCHAPTER E. BONDS
Sec. 8223.201. 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, to finance the
construction, maintenance, or operation of projects under
Sections 8223.101 and 8223.102.
(b) The district may not issue bonds to finance projects
authorized by Section 8223.102 unless the issuance is approved by
a vote of a two-thirds majority of the voters of the district
voting at an election called for that purpose.
(c) Bonds or other obligations issued or incurred to finance
projects authorized by Section 8223.102 may not exceed one-fourth
of the assessed value of the real property in the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
943, Sec. 1, eff. September 1, 2007.