Fort Davis
The crack of Jeff Davis County Judge Curtis Evans’ gavel rang out numerous times during a Commissioners Court meeting on Tuesday morning as meeting attendees clashed with commissioners over the question of whether the county should enter into a road use agreement with Barnard Construction, a Montana firm with a $960 million contract to build a stretch of border wall through the area. Sheriff Victor Lopez was tasked with restoring decorum and removed one person from the meeting.
Jeff Davis County has been considering a road use agreement with Barnard since April, after local residents were alarmed to see the company grading and widening the road without permission. Concerned citizens from counties impacted by wall construction packed the Commissioners Court that month, imploring the county to do their research.Â
County officials worked on the agreement with the company over the summer, earning a place on the agenda two more times. A project manager with Barnard sent a finalized version of the contract ready for signatures at 4:09 p.m. on the Friday before Labor Day weekend –– giving commissioners just a few hours before the Tuesday morning meeting to review it.
Key provisions of the agreement include a $3 million performance bond, which Barnard also provided proof of to county officials in the same email thread, which was accidentally forwarded to a Fort Davis resident and shared with Big Bend Sentinel.
The contract between Barnard Construction and Customs and Border Protection (CBP), signed on March 5, explicitly prohibits work on public roads and requires the contractor to follow local regulations. “The Contractor is responsible for any damage caused in the performance of this project to either Government or third-party property,” it stipulates.
Fifteen people signed up to speak during the open comment period, many who returned to familiar themes from prior Commissioners Court meetings — especially after Barnard earned a cease-and-desist from Jeff Davis County officials in April and from the Texas General Land Office in July after it was revealed that the company was clearing state land leased to an LLC that only claimed grazing rights. “Barnard has shown already that they don’t do good business, they don’t do honest business, they don’t respect local laws or regulations,” said Katherine Vaughn of Valentine.
Annette Carter of Fort Davis didn’t understand why CBP wasn’t a party to the agreement. The “performance period” for Barnard’s contract with CBP ends in May 2027, meaning that any damage that happens to the road after that point is the county’s responsibility and not the agency that ordered the construction in the first place. “Without a tri-party agreement, we put ourselves in a dangerous position long term.”
Fellow Fort Davis resident Cameron Pratt said she had requested a copy of the contract and had not yet received one. The rush to sign an agreement didn’t make any sense to her, especially given the stringent opposition posed by virtually all meeting attendees. “Is there some kind of quid pro quo going on?” she asked.
“I do not appreciate that accusation,” Judge Evans fired back.
Evans capped public comments at 30 minutes, cutting off a comment from prospective Presidio County Commissioner Susan Hays, who described the limit as “egregious.” (Texas law does allow governmental bodies to put “reasonable” limits on public comment on a certain item but may not do so to block public criticism.)
County Attorney Glen Eisen explained that the county’s insistence on drafting the agreement despite widespread opposition to the wall was to protect the residents of Jeff Davis County from unnecessary lawsuits. “I am appalled by the wall idea — we all are,” he said. “I can assure you there’s nothing nefarious going on here, our only desire is to indemnify our constituents.”
Commissioners went into closed session and returned after about a half hour of deliberation. Precinct 3 Commissioner John Davis moved to hold a special meeting on Monday, September 14, at 6 p.m. in the courthouse in order to allow constituents who can’t attend the weekday-morning meetings the opportunity to weigh in. He also wanted the contract to be posted on the county website. “We’ll be as transparent as possible,” he said.
