Pope County justices discuss taking over Cove Landing roads; judge says court must pass exception ordinance and fund repairs

Pope County Court members on a November 2025 agenda item heard requests to take additional streets in the Cove Landing subdivision into the county road system, with residents and engineers urging action and the county judge saying the court must first pass a specific acceptance-and-exception ordinance and provide funding.

Justice David Ivy placed the request on the court agenda and said he was making a formal plea on behalf of constituents: "I'm asking as a formal request that we go ahead and bring those roads into the county," he told the court.

Residents and technical witnesses described the subdivision's history and the limits of its homeowners association. Dave Garza, who gave a historical overview, said phases of the development were previously inspected to city standards and that the change in lot sizes and curb-and-gutter construction led to confusion about responsibility. Engineer Greg Long, who said he represents the first phase and is a resident, told the court that the HOA’s current assessments are not structured for major capital work: "The current rate is $65 per lot annually," Long said, adding that the HOA does not have funds for major reconstruction.

Morgan Barrett, who identified herself as a former city engineer, said the county had been involved when the subdivision was developed but that records and communications across administrations were incomplete: "The county was involved at the time," she said.

The judge reviewed the legal history and constraints the court faces. He told the justices that Pope County has had a road-acceptance ordinance since 1978, amended in 1984 and finalized in 1997, and that taking in the remaining Cove Landing streets retroactively would, under current interpretation, require the court to pass an exception to that ordinance and appropriate funds. The judge cited contractor estimates in the packet and told the court: "Bring me an acceptance and exception ordinance with an appropriation, and I won't veto it." The judge also noted a prior, narrow precedent (Caballo Ranch Road) in which the developer shared costs with the county when specifications mismatched.

Cost figures discussed at the meeting varied. One onsite contractor estimate mentioned earlier in the hearing was roughly $134,000 for an overlay of a segment; materials in the meeting packet included larger engineering estimates dated 07/09/2024 that totaled about $1,491,000 for the full set of repairs, with the judge citing a split estimate that left phases already in the county at about $397,002.87 and the private portion at about $1,094,004.33. Speakers said the immediate affected area contains about 118 residences; courtroom testimony indicated the larger subdivision contains roughly 200 lots.

Justices asked procedural and precedent questions, including whether annexation by a city had been attempted previously; speakers said there had been discussion years earlier but no petition to annex. The judge said the county cannot unilaterally assume responsibility without repealing or making an exception to the current ordinance and securing an appropriation. He instructed the court that, if it wished to proceed, it should pass an acceptance-and-exception ordinance together with an appropriation to fund repairs and any required subgrade work.

No ordinance was introduced or voted on during the meeting. The court took no formal action to change the status of Cove Landing roads; the judge asked for a formal ordinance and appropriation to be brought back if the body wished to move forward.

Context and immediate next steps: residents asked for phased work rather than a single large project; engineers said some localized failures likely require subgrade repairs, not only surface overlay. The court did not set a schedule for drafting an acceptance-and-exception ordinance at the meeting.

Ending: The Cove Landing discussion closed without a vote. The county judge asked the court to prepare an ordinance and appropriation if it chose to accept the remaining subdivision roads, and the matter remains pending before the court.