Jeff Davis County commissioners delayed action Tuesday on a proposed road use agreement with a contractor building a section of border wall, opting instead to hold a special evening meeting to give residents another opportunity to weigh in.
The decision followed a contentious Commissioners Court meeting in which 15 people signed up for public comment and Sheriff Victor Lopez was called on to restore order, according to reporting by the Big Bend Sentinel. One attendee was removed from the meeting.
The proposed agreement is with Barnard Construction, a Montana-based company that holds a $960 million federal contract for border wall construction in the area.
Jeff Davis County has been considering a road use agreement with Barnard since April, when residents raised concerns after the contractor began grading and widening a county road without permission, the Sentinel reported.
County officials spent the summer working on an agreement with the company. According to the Sentinel, a Barnard project manager sent commissioners a finalized version ready for signatures at 4:09 p.m. on the Friday before Labor Day weekend, leaving commissioners limited time to review the document before Tuesday’s meeting.
The proposed agreement includes a $3 million performance bond intended to protect the county against potential damage associated with the construction project. Documentation of the bond was included in an email thread that was inadvertently forwarded to a Fort Davis resident and later shared with the Sentinel.
Barnard’s contract with U.S. Customs and Border Protection was signed March 5 and prohibits work on public roads while requiring the contractor to comply with local regulations, according to the Sentinel’s review of the contract. The federal contract also places responsibility on the contractor for damage it causes to government or third-party property.
Residents who addressed commissioners Tuesday raised concerns about Barnard’s previous activities in the region and questioned whether the proposed county agreement adequately protects taxpayers.
Jeff Davis County issued Barnard a cease-and-desist order in April. The Texas General Land Office issued another in July after it was determined that the company had been clearing state-owned land leased to an LLC that held only grazing rights, according to the Sentinel.
Some residents also questioned why Customs and Border Protection was not included as a party to the county’s proposed agreement. Barnard’s current federal contract performance period ends in May 2027, prompting concerns about who would be responsible for road damage discovered after the contract expires.
Others criticized the timing of the proposed agreement and said residents had not been given adequate access to the document before commissioners were asked to act.
County Judge Curtis Evans limited the public comment period to 30 minutes, cutting off some speakers as the meeting grew increasingly tense. Prospective Presidio County Commissioner Susan Hays was among those whose comments were curtailed, according to the Sentinel.
County Attorney Glen Eisen told commissioners that the purpose of negotiating an agreement was not to endorse the border wall project but to protect Jeff Davis County residents and limit the county’s potential legal and financial exposure.
Commissioners later entered a closed session for about 30 minutes.
After returning to open session, Precinct 3 Commissioner John Davis moved to postpone action and schedule a special meeting for 6 p.m. Monday, Sept. 14, at the Jeff Davis County Courthouse. The evening meeting is intended to provide an opportunity for residents who cannot attend regular weekday morning meetings to participate.
Davis also called for the proposed agreement to be posted on the county’s website before the special meeting.
Commissioners did not approve the road use agreement Tuesday.
