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Fair Oaks Ranch council backs negotiating interlocal deal with Bexar County to rebuild Old Fredericksburg Road

Fair Oaks Ranch City Council · November 7, 2024
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Summary

City staff presented a draft interlocal agreement under which Bexar County would reconstruct Old Fredericksburg Road using county contracts and the city would assume maintenance afterward; council members pressed for county-funded upgrades and an ETJ/annexation path before the city takes on ongoing maintenance.

City Manager Scott Husengay introduced a draft interlocal agreement (ILA) with Bexar County to reconstruct and arrange future maintenance for Old Fredericksburg Road, telling the council the estimated reconstruction cost is "approximately a million dollars." The draft before the council would have the county manage reconstruction through its contracts and the city assume maintenance after reconstruction, with an anticipated two-thirds county / one-third city cost-share.

Mayor Maxton said the county’s Commissioner Grant Moody offered a path to get the road repaired and emphasized the road is primary access for local residents. "Grant came forward. He was ready to to work out a deal for finding a way to get this done," the mayor said during remarks introducing the discussion.

Council members voiced a consistent reservation: the city should not commit to perpetual maintenance of a road it does not yet own. One council member expressed support for paying a share to get the immediate repairs done but said, "I'm not ready to sign up for perpetual maintenance of a road we don't own," and recommended removing ongoing-maintenance language from the ILA and limiting the agreement to the reconstruction work.

Legal staff and the city attorney clarified constraints under state law and extraterritorial jurisdiction (ETJ). Counsel explained that state statutes require municipalities to annex the full width of a county road when annexing adjacent property, but a portion of the road presently lies in the City of San Antonio's ETJ; San Antonio must release that portion before Fair Oaks Ranch could annex it. Counsel said an AG interpretation or litigation could be sought in theory, but the practical pathway is negotiation with Bexar County and San Antonio.

Council discussion settled on negotiating the ILA as a starting point with conditions: ask Bexar County to bring the road up to current standards before shifting maintenance responsibilities and pursue coordination with the City of San Antonio to secure ETJ release or an annexation path. City Manager Husengay said staff would return to the county with those points and continue negotiations.

No formal vote on the ILA was taken. Council members repeatedly raised implementation questions—who responds to emergencies, liability if road condition contributes to accidents, and the source and basis of cost estimates—and asked staff to address those items in draft terms before bringing a final agreement back for approval.

Next steps: staff will negotiate with Bexar County on stronger terms that require the county to bring the road up to standard, seek clarification on emergency-response responsibilities, and explore coordinating with San Antonio to clear ETJ limitations before any permanent transfer of maintenance obligations.