Visitors to the Bandera Villages Shopping Center are facing a perilous journey as they navigate a severely damaged road, while city officials grapple with the question of who bears the legal responsibility for repairs. The road, located in the 700 block of the Hwy. 16 frontage road in front of the strip mall, is riddled with deep potholes, some measuring up to 10 inches in depth. What was once a straightforward parking lot now resembles an obstacle course.
In a recent city council meeting, the Bandera City Council members engaged in a heated debate over the issue but failed to reach a consensus. The three-to-two vote saw Council Member Jerry Russe's motion to maintain and repair the road being declined. Council members Christine Morse, Tony Battle, and Lynn Palmer sided with City Attorney Dan Santee's advice against taking action. In the minority were Russe and Jeff Flowers, who voted in favor of the motion.
Santee argued that allocating public funds for the repairs would be an illegal expenditure, as it would amount to providing a private benefit. He pointed out that the Municipal Maintenance Agreement did not impose any obligation on the city to maintain the area. According to Santee, the Texas Department of Transportation (TxDOT) considers the responsibility for the road's upkeep to lie with the property owner, not the city.
The city attorney further emphasized that any work carried out in the area must adhere to TxDOT's approval and engineering standards, as it could potentially impact water flow. Santee cautioned against patching the potholes, emphasizing that it would be an ill-advised use of public funds for private property. He made it clear to the council that such an action would be illegal, regardless of the outcome of the vote.
Former council member and mayor Don Clark challenged the city's position, asserting that Bandera had assumed responsibility for maintaining the parking lot for nearly four decades. He argued that the city had implied liability due to its long-standing role in upkeep.
Russe, highlighting that the state owns the right-of-way, including the access road, suggested that the city could simply patch the potholes. However, Santee vehemently discouraged this course of action, reiterating the potential legal ramifications and the need for TxDOT's approval.
Mayor Rebeca Gibson acknowledged the deplorable condition of the road but recognized the need to determine where the responsibility lies. She assured the council that the city would coordinate with TxDOT to update the Municipal Maintenance Agreement and explore opportunities for public hearings or town-hall meetings. Gibson affirmed that this matter would be revisited before the council in due course.
As visitors to the Bandera Villages Shopping Center continue to face the treacherous road conditions, the question of who ultimately bears the responsibility for repairs remains unresolved. The city council's deadlock signifies the complexity of the issue, leaving the fate of the damaged road uncertain for the time being.
