PRESENTER:
Christopher J. Looney, AICP, Neighborhood and Community Planning Department Director
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SUBJECT: Title
Approval of a resolution to consent to the addition of a 1.735-acre tract of land to the Comal County Water Improvement District No. 3A (WID 3A).
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DEPARTMENT: Neighborhood and Community Planning
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COUNCIL DISTRICTS IMPACTED: Outside City Limits
BACKGROUND INFORMATION:
Petitioners: Comal County Water Improvement District No. 3A
c/o Nancy Kwon Carter, Attorney at Law, Muller Law Group
202 Century Square Blvd.
Sugarland, TX 77478
Kohlenberg Partners Retail Ltd.
Philip J. Pfeiffer, Jr. Manager
200 Concord Plaza
Suite 600
San Antonio, TX 78216
Southstar at Mayfair Kohlenberg, LLC
Thad Rutherford, President and CEO
651 Business IH 35
Suite 420
New Braunfels, TX 78131
Staff Contact: Matt Greene, Principal Planner
(830) 221-4053 | mgreene@newbraunfels.gov
Comal County Water Improvement District No. 3 was established by legislative action during the 83rd Texas Legislature and became effective on June 14, 2013, under Chapter 8489 of the Texas Special District Local Laws Code. The district was authorized through House Bill 3941 (Regular Session, 2013), which added Chapter 8489 to the Code and defined the district’s governance structure, powers, and operational requirements. Created as a municipal utility district pursuant to Article XVI, Section 59 of the Texas Constitution, the legislation also established the framework for the district’s operations, including provisions related to municipal consent and development agreements.
On February 9, 2024, the District’s Board of Directors adopted an order to divide the District into three separate districts: Comal County Water Improvement District No. 3 Master District, Comal County Water Improvement District No. 3A (see attached WID 3A Survey), and Comal County Water Improvement District No. 3B. This action established the Master District and two subordinate districts to facilitate the governance, financing, and provision of services within the District’s service area.
The territory encompassed by the Master District is located entirely within Comal County and lies within the extraterritorial jurisdiction (ETJ) of the City of New Braunfels. Situated immediately northeast of the city limits, the Master District includes all property comprising the Mayfair development.
ISSUE:
Comal County Water Improvement District No. 3A has submitted a petition (attached) requesting the addition of approximately 1.735 acres into the District. The proposed addition is intended to allow the property to receive water and/or wastewater utility services provided by the District and to incorporate the property within the District’s service area and jurisdictional boundaries (see pg. 2 of the attached December 12, 2025 Comal County WID 3A Board Meeting Minutes).
The subject property is contiguous to the District’s existing boundaries and is eligible for inclusion within the District pursuant to the applicable provisions of the Texas Water Code and the District’s governing legislation and organizational documents.
The subject 1.735-acre parcel comprises a portion of Lot 2, Block 115, Mayfair Parcel E-15, the majority of which is currently located within the Mayfair development. The inclusion of this parcel would result in the entirety of Lot 2 being located within both the District and the Mayfair development. This addition is intended to precede and facilitate corresponding amendments to the Mayfair Development Agreement and Master Framework Plan, which will be considered and processed following approval of the request to add the land to the District.
STRATEGIC PLAN REFERENCE:
☐Economic Mobility ☐Enhanced Connectivity ☐Community Identity
☒Organizational Excellence ☐Community Well-Being ☐N/A
• Objective: Considering statutory and market-based factors, continue to diversify revenue streams to support long-term fiscal sustainability of the organization.
FISCAL IMPACT:
In accordance with the terms of the negotiated and adopted Strategic Partnership Agreement (SPA), the subject 1.735-acre tract will be required to undergo limited-purpose annexation (LPA) by the City upon its inclusion within the District. This LPA will enable the City to receive a portion of the sales tax generated within the tract, thereby supporting the provision of limited municipal services contemplated under the SPA.
Recommendation
RECOMMENDATION:
Staff recommends approval of the resolution consenting to the addition of approximately 1.735 acres of land into the Comal County Water Improvement District No. 3A, thereby incorporating the property into the District’s boundaries and service area in accordance with applicable law and the District’s governing documents.