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File #: 21-1387    Name:
Type: Resolution Status: Passed
File created: 12/8/2021 In control: City Council
On agenda: 12/13/2021 Final action: 12/13/2021
Title: Approval of a resolution of the City of New Braunfels, Texas, amending Resolution No. 2021-R-38 by extending the deadline for New Braunfels Utilities and Southstar at Mayfair, LP, Developer, to execute a Utility Agreement as a condition precedent to the creation of Comal County Water Improvement District No. 3, located in the City's Extraterritorial Jurisdiction.
Attachments: 1. Amended Resolution December 2021, 2. Original Resolution, 3. Amendment Resolution Sept 2021.pdf

PRESENTER: Presenter

Jeff Jewell, Economic and Community Development Director

 

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SUBJECT: Title

Approval of a resolution of the City of New Braunfels, Texas, amending Resolution No. 2021-R-38 by extending the deadline for New Braunfels Utilities and Southstar at Mayfair, LP, Developer, to execute a Utility Agreement as a condition precedent to the creation of Comal County Water Improvement District No. 3, located in the City’s Extraterritorial Jurisdiction.

 

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DEPARTMENT: Economic and Community Development

 

 

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COUNCIL DISTRICTS IMPACTED: N/A

 

 

BACKGROUND INFORMATION:

The City Council approved the Development Agreement (“Agreement”) with Mayfair, LP (“Developer”) on June 28, 2021.  The Agreement required that the Developer and New Braunfels Utilities (“NBU”) execute a Utility Agreement (“UA”) by October 1, 2021. 

 

On September 27, 2021, City Council approved an amendment to Resolution No. 2021-R-38 and extended the deadline for the execution of the UA until January 1, 2022.

 

The parties continue to negotiate the UA, which necessitates an additional deadline extension. This proposed deadline extension grants relief from the amended January 1, 2022 deadline to allow for those additional conversations and considerations by the NBU board to occur.  The new deadline would be February 15, 2022 which would allow for continued negotiations. 

 

 

ISSUE:

Extension of the deadline to negotiate the Utility Agreement between the Developer of the Mayfair project and NBU. 

 

 

FISCAL IMPACT:

N/A

 

Recommendation

RECOMMENDATION:

Staff recommends approval of the resolution extending the deadline.