Title
Approving a resolution approving a joinder agreement with East Blackland Solar Project 1 LLC for a joinder to the City of Pflugerville Amended and Restated Non-Annexation Development Agreement to include additional property within the City's extraterritorial jurisdiction (ETJ) under the terms of the agreement and authorizing the City Manager to execute same.
Summary
This item is to provide approval for a joinder agreement and to authorize the City Manager to execute the same. The effect of the joinder agreement is extend the benefit of the non-annexation development agreement to the three parcels identified it the exhibit that were acquired following the approval of the non-annexation development agreement for the purpose of developing additional solar power generating facilities. The additional parcels to be included total nearly 205 acres. The project has been assigned from RRE Austin Solar LLC to the East Blackland Solar Project 1 LLC.
Prior City Council Action
On October 12, 2010, the City Council approved a petition and request for the acceptance of land into the City's ETJ for the Yajat, LLC Tract, a 211.5-acre tract generally located west of Manda Carlson Road and south of Felder Lane for the development of the Pflugerville Solar Project by Austin RRE. At the same meeting, the City Council approved amending the boundaries and accepting approximately 475.5 acres of ETJ from the City of Manor to fully encompass the project.
The City Council approved an incentive agreement on June 1, 2010 in support of the construction of the solar project. The project did not move forward and the developer breached the terms of the agreement, and the agreement terminated.
On November 23, 2010, the City Council approved Ordinance 1062-10-11-23 providing for the creation of the Pflugerville Renwable Energy Reinvestment Zone for the project. The project failed to move forward and the reinvestment zone expired.
In 2016, Austin Solar LLC indicated that it was taking steps to reinitiate its efforts to establish the Pflugerville Solar Farm. Travis County Commissioners Court acted on December 20, 2016 to approve an extension to the provisions of the RRE Solar Chapter 381 Agreement from 12/31/2016 to 3/31/2017 and an Interconnection Agreement was approved by the Lower Colorado River Authority (LCRA) Board on February 16, 2017.
The City Council discussed on February 14, 2017 and approved a resolution on March 14, 2017 (Resolution No. 1549-17-03-14-0386) to re-establish the project by authorizing a request for the voluntary expansion of the City's ETJ and the acceptance of a new non-annexation development agreement by and between the City of Pflugerville and RRE Austin Solar LLC, its successors and assigns. (Agreement dated June 9, 2017)
The City Council approved Resolution No. 1587-17-09-26-0458 on September 26, 2017 providing for expansion of the City's ETJ and approving an amended and restated develpment agreement. (Agreement dated November 21, 2017)
The City Council approved Ordinance No. 1350-18-05-08 on May 8, 2018 to reinstate the Pflugerville Renewable Energy Reinvestment Zone for the project.
The City Council approved Resolution No. 1672-18-12-18-0512 on December 18, 2018 providing for the first amendment of the amended and restated non-annexation agreement to extend the project construction commencement and final completion dates. (Agreement dated February 20, 2019)
Deadline for City Council Action
N/A
Funding Expected: Revenue __ Expenditure __ N/A _x_
Budgeted Item: Yes __ No __ N/A _x_
Amount: __N/A______
1295 Form Required? Yes __ No _x_
Legal Review Required: N/A __ Required _x_ Date Completed: April 8, 2019
Supporting documents attached:
Resolution
Exhibit A: Joinder Agreement
Recommended Action
Approve the resolution to authorize the joinder agreement.