I am the City Attorney for a municipality that is desirous of entering into a Pre-Annexation Agreement (PDA) with a Developer. Although having represented municipalities for many years, this is a first for me.The proposed PDA provides for an annexation with owner consent in accordance with 11 O.S. § 21-103 (A) and (B). The possibilities of non-approval, court challenge and referendum are addressed in the PDA. Assuming, without committing, approval of the annexation by the City Council, and further there being no court challenge or referendum, the proposed PDA provisions address matters such as zoning, subdivision development, privately funded public improvements, and publicly funded public improvements. All applicable ordinances, regulations and requirements of the City pertaining to public improvements as well as subdivision development will be enforced. Are any of you aware of municipalities that have entered into similar agreements? Such may even be alternatively titled as “Memorandum of Understanding”. If so, have any of you encountered or known of administrative or judicial challenges? Thus far I have not found any reported cases. What were the outcomes of such challenges? Any suggestions would be appreciated. Thank you for giving this your attention and time. Ronald D. Cates Attorney at Law P.O. Box 1498 Owasso, Oklahoma 74055-1498 Telephone: (918) 760-0203 Email: rcateslaw@cox.net This e-mail message and any attachment thereto is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the recipient or reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this e-mail communication in error, please notify us immediately by sending a reply e-mail message to the sender. Thank you.