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File #: RES-0458    Version: 1 Name:
Type: Resolution Status: Approved
File created: 9/18/2017 In control: City Manager Office
On agenda: 9/26/2017 Final action: 9/26/2017
Title: Approving a resolution with the caption reading: 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, AS AMENDED AND RESTATED, BY AND BETWEEN THE CITY OF PFLUGERVILLE AND SARVI, LLC, A TEXAS LIMITED LIABILITY COMPANY,YAJAT, LLC, A TEXAS LIMITED LIABILITY COMPANY, SARVI YAJAT PARTNERSHIP, A TEXAS GENERAL PARTNERSHIP (INCORRECTLY REFERRED TO AS SARVI YAJAT PARTNERSHIP, LLC IN THE AGREEMENT DATED JUNE 9, 2017) 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. Travis County Certified Minutes Excerpt, 5. RES 1549-17-03-14-0386, 6. June 9, 2017 non-annexation development agreement
Title
Approving a resolution with the caption reading: 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, AS AMENDED AND RESTATED, BY AND BETWEEN THE CITY OF PFLUGERVILLE AND SARVI, LLC, A TEXAS LIMITED LIABILITY COMPANY,YAJAT, LLC, A TEXAS LIMITED LIABILITY COMPANY, SARVI YAJAT PARTNERSHIP, A TEXAS GENERAL PARTNERSHIP (INCORRECTLY REFERRED TO AS SARVI YAJAT PARTNERSHIP, LLC IN THE AGREEMENT DATED JUNE 9, 2017) 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 35 years, previously 25 years
- The project must commence construction by December 31, 2018, and be completed by December 31, 2019 with 120 Megawatts AC or more of capacity that shall be fully operational.
- Allows the City to annex the tracts at the end of the term by voluntary annexation, or upon default
- Agreement defaults if the project fails to meet benchmark deadlines or fails to maintain continuous operation for a period of six consecutive or non-consecutive months within...

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