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Memo to Mayor and Council Subject Lowman Ranch MUD Dated January 30,1987 Page 3 8. 7. Section 5.01 of the redraft contains the same provisions as earlier that 100% of all utility facilities must be completed or 20 years must pass, whichever comes first, before annexation can be accomplished by the City. The staff has suggested that 80% of the regional facilities be completed or 20 years, ~lichever comes first, before annexation by the City. The Council needs to give the staff direction on this issue. Article 9 was redrafted in light of my comments in the earlier memo regarding Article 13 concerning securing the district's approval of this agreement. The proposed languaged in the second paragraph of the redrafted Article 9 does not obligate LRL in any signficant way and leaves the City vulnerable to the possibility that the district will ignore this agreement. The Council needs to give the staff direction on this issue. 9. Article 10 has not been changed as the staff requested to provide that-COntracting with parties other than the City will only be done if the City cannot provide the service in a reasonable manner or time. DEVELOPMENT AGREEMENT (JANUARY 27, 1987) 1. Section 2.01 of the redrafted agreement has been modified slightly. They have included some additional standard codes that the City has adopted but all such codes are not included. LRL continues to resist conformance with the City's zoning and landscaping ordinances and has maintained its reliance upon deed restrictions that "reflect zoning and landscaping standards g~nerally accepted in the Central Texas area." They have agreed to pay for the cost of the arbitration provision which they have suggested. The staff's position is that they should comply with all standard codes and be willing to conform, at a minimum, to all of the substantive provisions of the City's zoning and landscape ordinances. In so doing, they would not have to adopt zoning district designations and go through the zoning amendment process. However, complying with the process in its entirety seems to be in the best long-term interest of the City in that it will reduce confusion and avoid nonconformity with the zoning ordinance prior to the time of annexation to the City. 2. Section 2.02 has not been changed. Unless LRL agrees to adopt by deed restriction the City's zoning and landscape ordinances, the staff requests that the