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File #: RES-0386    Version: Name:
Type: Resolution Status: Discuss and consider action
File created: 2/2/2017 In control: City Manager Office
On agenda: 3/14/2017 Final action: 3/14/2017
Title: Approving a resolution of the City Council of the City of Pflugerville, Texas authorizing a request for the voluntary expansion of the City's extraterritorial jurisdiction and the acceptance of non-annexation development agreement by and between the City of Pflugerville and RRE Austin Solar LLC, its successors and assigns, affecting real property in the City's existing and expanded extraterritorial jurisdiction.
Attachments: 1. Vicinity Map, 2. Resolution, 3. Agreement, 4. Certified Minutes Excerpt
Title
Approving a resolution of the City Council of the City of Pflugerville, Texas authorizing a request for the voluntary expansion of the City's extraterritorial jurisdiction and the acceptance of non-annexation development agreement by and between the City of Pflugerville and RRE Austin Solar LLC, its successors and assigns, affecting real property in the City's existing and expanded extraterritorial jurisdiction.

Summary
RRE Austin Solar LLC is taking steps to reinitiate its efforts to establish the Pflugerville Solar Farm. The location is generally east of FM 973, along Manda Carlson Road at the eastern edge of the Pflugerville extraterritorial jurisdiction (ETJ). RRE anticipates acquiring additional property in support of the project that may extend beyond the current reach of the City's ETJ, and will request annexation of these parcels into the City's ETJ. Some of the parcels extend beyond the City's ETJ agreement with the City of Manor, in which unless Manor consented to amend the agreement, the tracts would eventually be subject to the Manor ETJ.

The essential terms of the agreement, if approved, include the following:
- City agrees to non annexation parcels for period of 25 years
- Phase 1 of the project consisting of the first 50 megawatts of AC capacity must commence construction by December 31, 2018
- Actual construction of Phase 1 must be completed within 9 months
- Phase 2 of the project consisting of the remaining 70 megawatts of AC capacity must be completed by December 31, 2019
- Allows the City to annex the tracts at the end of the term, or upon default
- Agreement defaults if the project fails to meet benchmark dealines or fails to maintain continuous operation for a period of six consecutive or non-consecutive months within a 12-month rolling period
- Allows the City to extend the ETJ to encompass any additional contiguous tracts acquired for the project, to the extent they are not impacted by the ETJ agreement with the city of Manor
- Al...

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