Law:Title 6. Water And Wastewater. Subtitle F. Municipal Utility Districts from Chapter 8223. Mckinney Municipal Utility District (Texas)

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Subtitle F. Municipal Utility Districts

Contents

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

Section 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.



Section 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.



Section 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.



Section 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.


Section 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.



Section 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.



Section 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.



Section 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.



Section 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.



Section 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

Section 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.



Section 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

Section 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.



Section 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.



Section 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.



Section 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

Section 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.



Section 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

Section 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.


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