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File #: RES-0512    Version: Name:
Type: Resolution Status: Discuss and consider action
File created: 4/25/2018 In control: City Council
On agenda: 12/18/2018 Final action: 12/18/2018
Title: Discuss and consider action to approve a resolution authorizing amendment of the non-annexation development agreement by and between the City of Pflugerville and Sarvi, LLC, Yajat, LLC, and Sarvi Yajat Partnership, and RRE Austin Solar, LLC, to extend deadlines.
Attachments: 1. Letter of Intent, 2. Resolution, 3. Proposed Agreement, 4. Vicinity Map, 5. Recorded - Amended and Restated Non-Annexation Development Agreement
Title
Discuss and consider action to approve a resolution authorizing amendment of the non-annexation development agreement by and between the City of Pflugerville and Sarvi, LLC, Yajat, LLC, and Sarvi Yajat Partnership, and RRE Austin Solar, LLC, to extend deadlines.

Summary
RRE Austin Solar has acquired and assembled additional land for the development of a solar farm in the Pflugerville extraterritorial jurisdiction (ETJ). Pflugerville established the reinvestment zone in 2010 which has expired and the City Council approved an ordinance on first reading on April 24, 2018 to reestablish the zone. At that meeting, the City Council indicated concern with the construction deadlines established in the non-annexation agreement, as the developer now indicates construction is expected to be complete at the end of 2020. The ordinance was approved on second and final reading on May 8, 2018 that reestablished the zone.

The City Council approved Resolution No. 1587-17-09-26 on September 26, 2017 authorizing approval of the amended and restated non-annexation development agreement. The recorded non-annexation development agreement is attached.

Status
At the April 24, 2018 City Council meeting while considering the ordinance related to the solar farm, the City Council indicated concern with the construction deadlines established in the non-annexation agreement, as the developer now indicates construction is expected to be complete at the end of 2020. A letter requesting the extension is attached. The project has obtained a power purchase agreement from Austin Energy. The associated press release can be found here: https://austinenergy.com/ae/about/news/press-releases/2018/austin-city-council-approves-new-local-solar-project.

The City Council tabled the item on December 11, 2018 due to concern that the City Council would need to take action to authorize the assignment of the agreement. After a review of the circumstances with the applicant, no assignments are needed...

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