NO. D-1-GN-26-003109
IN RE: THE CITY OF MCKINNEY, TEXAS, MCKINNEY COMMUNITY DEVELOPMENT CORPORATION, AND MCKINNEY COMMUNITY DEVELOPMENT CORPORATION SALES TAX REVENUE REFUNDING BONDS, TAXABLE SERIES 2026 (TIFIA)
IN THE DISTRICT COURT OF TRAVIS COUNTY, TEXAS
200th Judicial District
ORDER AND NOTICE OF HEARING
On the 23rd day of April, 2026, the Court received the original petition filed under Chapter 1205 of the Texas Government Code (the "1205 Petition") by the City of McKinney, Texas (the "City") and McKinney Community Development Corporation ("MCDC") (collectively, "Petitioners"). This in rem proceeding is brought by Petitioners in connection with certain public securities identified in the above caption and more fully described in the 1205 Petition available from the clerk's office (the "Public Securities").
Among other things, Petitioners seek an expedited declaratory judgment that validates and declares the legality of the Public Securities and any public securities authorizations related thereto. The scope of relief requested by Petitioners includes a declaratory judgment confirming the validity, legality, and enforceability of the MCDC's issuance of McKinney Community Development Corporation Sales Tax Revenue Refunding Bonds, Taxable Series 2026 (TIFIA) (the "2026 Refunding Bonds"), will be issued to refund outstanding bonds issued by MCDC in 2025, which were issued to finance improvements to the McKinney National Airport.
IT IS ORDERED that (1) the Texas Attorney General, (2) all residents, property owners, rate payers, and taxpayers of the City, and (3) any other persons who have or claim a right, title, or interest in any property or money to be affected by the Public Securities at issue, their public security authorizations, or the expenditure of proceeds for same (the "Interested Parties") have the right to appear for trial and show cause why the 1205 Petition should not be granted, a permanent injunction entered and judgment rendered as more fully described therein.
IT IS FURTHER ORDERED that the clerk of this Court, with the assistance of Petitioners, must cause a copy of this order and a Notice substantially in the form of the Notice attached hereto to be published in newspapers of general circulation in the counties of Travis, Collin, and Dallas, once each week for two consecutive weeks, with the date of the first publication to be not less than 14 days prior to the date of the hearing set forth above and that the Texas Attorney General is timely served in accordance with Chapter 1205 of the Texas Government Code. The Court finds that compliance with this Order will satisfy the notice requirements of Chapter 1205 of the Texas Government Code.
IT IS FURTHER ORDERED, that all Interested Parties and the Honorable Ken Paxton, in his official capacity as Attorney General of the State of Texas, are hereby notified of their right to appear for trial at 10:00 a.m. on May 18, 2026, and show cause why the 1205 Petition should not be granted and the Public Securities or the public security authorization validated and confirmed. Be on further notice that, at trial the Court will proceed to a full and final hearing on the merits of all matters and prayers within the 1205 Petition.
SO ORDERED.
SIGNED April 24, 2026
Aurora Martinez Jones
PRESIDING JUDGE
126th District Court
April 24, 2026
NOTICE
ATTENTION: THE CITY OF MCKINNEY ("CITY") AND THE MCKINNEY COMMUNITY DEVELOPMENT CORPORATION ("MCDC") DIRECT THIS NOTICE TO ALL PERSONS WHO RESIDE IN THE TERRITORY OF THE CITY; WHO OWN PROPERTY LOCATED WITHIN THE BOUNDARIES OF THE CITY; WHO ARE TAXPAYERS OF THE CITY; WHO HAVE OR CLAIM A RIGHT, TITLE, OR INTEREST IN ANY PROPERTY OR MONEY TO BE AFFECTED BY A PUBLIC SECURITIES AUTHORIZATION OR THE ISSUANCE OF THE PUBLIC SECURITIES ("INTERESTED PARTIES") AND THE TEXAS ATTORNEY GENERAL; ADVISING THEM OF THEIR RIGHT TO APPEAR FOR TRIAL AND SHOW CAUSE WHY THE PETITIONERS' ORIGINAL PETITION FOR EXPEDITED DECLARATORY JUDGMENT SHOULD NOT BE GRANTED.
Please take notice that on April 23, 2026, the City and MCDC filed an Original Petition for Expedited Declaratory Judgment (the "Petition") pursuant to Chapter 1205 of the Texas Government Code.
In 2025, MCDC issued, sold, and delivered the "McKinney Community Development Corporation Sales Tax Revenue Bonds, Taxable Series 2025," dated April 1, 2025 (the "2025 Revenue Bonds"), in the amount of $30,170,000. The 2025 Revenue Bonds funded improvements to the McKinney National Airport (the "Airport") (e.g., passenger terminal facilities and other airport facilities, streets and roads, taxiways, aprons, and other infrastructure related to the Airport). The Attorney General approved the 2025 Revenue Bonds on April 10, 2025.
On March 3, 2026, the MCDC board approved a resolution authorizing MCDC to issue "McKinney Community Development Corporation Sales Tax Revenue Refunding Bonds, Taxable Series 2026 (TIFIA)" (the "2026 Refunding Bonds"). That same day, the City approved MCDC's proposed bond issuance as required by the Development Corporation Act. The 2026 Refunding Bonds will be issued in the amount of $30 million and will be used for the purpose of refunding the outstanding 2025 Revenue Bonds. The 2026 Refunding Bonds are secured by and payable from the revenues that MCDC receives from the City through the City's levy of a voter-approved sales and use tax. The 2026 Refunding Bonds will not be paid from any property taxes to be raised by the City.
Among other things, the Petition seeks declarations that (i) MCDC has the authority, on the terms set out herein, to issue the 2026 Refunding Bonds; (ii) that MCDC was and is authorized to have taken each public security authorization relating to the 2026 Refunding Bonds; (iii) that the City was and is authorized to have taken each public security authorization relating to the 2026 Refunding Bonds; (iv) that each public security authorization and expenditure of money relating to the 2026 Refunding Bonds was legal; and (v) that MCDC properly introduced and enacted the 2026 Refunding Bonds pursuant to the laws of the State of Texas and the City of McKinney Charter.
A full description of the lawsuit and the relief sought is contained in the City's Petition, In re: McKinney Community Development Corporation Sales Tax Revenue Refunding Bonds, Taxable Series 2026 (TIFIA), Cause No. D-1-GN-26-003109, in the 200th Judicial District Court of Travis County, Texas, and is available for review by all persons, including the Interested Parties.
All Interested Parties and the Honorable Ken Paxton, in his official capacity as Attorney General of the State of Texas, are hereby notified of their right to appear for trial, on May 18, 2026, at 10:00 a.m., in the 200th Judicial District Court of Travis County, Texas, at the Travis County Civil & Family Courts Facility, 1700 Guadalupe St., Austin, Texas 78701, Courtroom 9D (or such other courtroom posted on the courthouse monitors), and show cause why the Petition should not be granted and the Public Securities or the public security authorizations validated and confirmed. Be on further notice that, at trial the Court will proceed to a full and final hearing on the merits of all matters and prayers within the Petition.
IPLDMN0137711