Some requirements of the law simply were not followed by Conley, Ingalsbe, county commissioners court and the city of Wimberley
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By Bob Ochoa
Online Editor
Hays County District Attorney Sherri Tibbe has determined that repair work by county road crews on two roads, one in Wimberly and one nearby San Marcos, was done legally.
“I conclude that there is no evidence of illegal activity,” Tibbe said in letters sent in September to Hays County Judge Liz Sumter.
Tibbe’s office began an investigation into the road work at Sumter’s request.
Sumter said she had received citizen complaints that Precinct 1 County Commissioner Debbie Gonzales Ingalsbe and Precinct 3 County Commissioner Will Conley had authorized work recently on roads believed to be either on private property or lying within the city limits.
The county has no formal agreements with either city to maintain roads within their city limits.
In her letter addressing the Precinct 1 road question, Tibbe explained that she had observed the maintenance work at 2801 CR 621 (Staples Road) east of San Marcos. “[T]here was a cemetary at the end of the road with grave markers more than 50-years old. The road has to be maintained in order to allow safe access to the county-maintained historical cemetery,” the letter states. “The county has maintained both the cemetery and the road . . . for many years.”
Tibbe cited a section of the Texas Health and Safety Code that allows a county commissioners court “to maintain a cemetery that has a grave marker more than 50 years old.”
Maintaining a historical cemetery's one thing, but a private road leading to it?
However, critics maintain that Tibbe provided a narrow interpretation of the law focusing only on allowing maintenance of the (historical) cemetery.
“I’d like to see how they get from the care of the cemetery to maintenance of the road to and from unless they are claiming the road was dedicated to the city or that it was an easement for using same,” said one source, who asked to remain anonymous.
A long time resident of the area told the View the road in question runs through the old Hillyard Farm and has always been considered a private road. In fact, said the resident, the entrance to the road is usually gated with a no trespassing sign on the gate. The resident said county crews have bladed the road to even it out, cleared brush from the shoulders and paved some portions.
Road runs through a prospective upscale development
The old farm property, about 563 acres, was annexed recently by the City of San Marcos. Loomis Austin (Loomis Partners), an engineering, surveying and environmental consulting firm requested the annexation. A representative of the firm informed city leaders in March of plans to develop the property with resort style homes and a golf course. The property is said to have a beautiful stretch along the San Marcos River.
Loomis also does contract work for Hays County, performing various environmental and habitat conservation studies. The consulting firm announced recently that it had brought on board former Hays County Commissioner Bill Burnett to direct business development operations for the company.
In her legal determination of maintenance work done on a short stretch of road in Wimberly under the direction of Precinct 3 Commissioner Conley, Tibbe said Conley had acted in good faith after discovering that the county had adopted the road in 1984.
“Commissioner Conley relied on minutes from Commissioner’s Court dated August 31, 1984, in which Precinct 3 Commissioner Craig Payne asked the Court to approve 1,400 feet of Little Ranches road for county maintenance,” Tibbe said. “. . . Commissioner Conley was attempting to remedy the County’s past failure to meet its obligations to maintain the road and provide a safe travel route for motorists.”
A county worker on Old Bumpy, which leads to a private road and a gated subdivision. Estimates of the county's investment range from $5,000 to $15,000.The quarter-mile stretch of road, more commonly known as ‘Old Bumpy’ to Summer Hills residents, has a long and complicated history, made worse with Wimberley’s incorporation in 2000. Old Bumpy was included in the city limits but the question of maintaining the stretch remains unresolved to this day between the city and county.
Conley says he's working on an inter-local agreement with the city, but city officials have remained steadfast against taking on any maintenance responsibility, to the chagrin of neighborhood residents.
Old Bumpy connects with the north hilltop stretch of Little Ranches Road, and is now virtually the only entrance and exit for residents of the Summer Hills subdivision. A north exit private road formerly used by Summer Hills residents that traverses the Woodcreek Ranches subdivision is due to be gated to through traffic, according to one Summer Hills resident.
In her investigation, Tibbe said she spoke with Wimberley Mayor Tom Haley who she said did not object to improvements to Old Bumpy by the county on behalf of the city.
Wimberley, county failed to approve work on 'Old Bumpy'
Tibbe cited Section 251.012 of the state Transporation Code which allows a county to perform work on a street in a municipality “with the approval of the governing body of a muncipality.”
It has since been pointed out that while the mayor may not have objected to the work on Old Bumpy, the city council itself has not taken an official position, nor has it voted on the question. A 1999 amendment to the state Transportation Code also requires a finding by the commissioners court that the county will benefit by work done on a municipal road.
According to a county official, the work authorized by Commissioner Conley on Old Bumpy has not been approved nor authorized by a finding or a vote of commissioners court.
Calls were made over a two day period to the county’s road department chief, Jerry Borcherding, for an estimate of the amount of funds spent on upgrading the two roads, but had not been returned by press time.
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