Fort Davis
A road-use and improvement agreement between Jeff Davis County and Barnard Construction — a border wall contractor — was presented to the Commissioners Court Tuesday to outline what the contractor’s requirements would be to work on Chispa Road, which would be a key pathway for wall construction on the Rio Grande. The first 11 miles of that road are in Jeff Davis County heading south from Highway 90 west of Valentine.
The agreement was tabled for possible tweaks and will return to the agenda on August 11. The agreement would require Barnard to create a road plan of all changes and improvements that would require the support of the county before any construction could commence. The document also outlines protections for private landowners who may be impacted by widened roads and includes technical requirements like weight limits on vehicles and loads. It also requires a $3 million performance bond paid to the county that could be used to cover any damages caused by Barnard.
County Judge Curtis Evans is in favor of finalizing an agreement, even though he opposes a border wall, because he feels that work will begin on roads and the wall regardless of what the county does. “The government is going to build a wall,” he said on Wednesday. “It’s what their plan is. How do we stop it? We can’t.”
Commissioner Roy Hurley echoed that sentiment. “We need to cover our bases,” he said of making sure the county isn’t ending up paying for any damage done to Chispa Road.
While a crowd packed the courthouse with several speakers objecting to anything that would facilitate wall construction, the Commissioners Courts slow pace on consideration of an agreement — over the course of several meetings — was more an indication of back-and-forth meetings with Barnard on so many details, Hurley said. “We need to make sure we get it right,” he said.
Commissioner Albert Miller, whose precinct includes the road, said it’s hard for him to separate the need for an agreement from his overall opposition to the wall. “No one in Valentine wants a wall,” he said, referring to his longtime home town. Miller said that even if he was willing to separate the two issues, he has considerable concerns that if funding disappeared for the wall project, the contractor might walk away after making a mess of the road and the area. “I question whether we get any value allowing a contractor to work on a county road,” he said. “I think there are too many ifs out there.”
Miller did credit Barnard for stopping its initial construction after heavy equipment rolled onto the road on March 31 and started road work without notifying the county. The rest of the length of the road to the border is a Presidio County road.
Last week, Presidio County commissioners discussed the possibility of developing a policy and an agreement template for special road-use permits, although nothing has publicly been revealed that Barnard or another border contractor, Fisher Sand & Gravel, had asked them to start that process. The court will meet again on Wednesday, but the item is not on the agenda. County Attorney Blair Park told commissioners she would supply them with other agreements and policies across the state.
On July 2, Hudspeth County commissioners signed an agreement with Barnard for access and permitted changes on two other key routes to the border ⇁— Indian Hot Springs and Bramlett roads.
