December 13, 2010

Adrian Heath

43 W Stony Bridge Ct

The Woodlands, TX 77381

281-651-2920

Paul Miles

Staff Attorney

Elections Division

Secretary of State

P.O. Box 12060

Austin, Texas 78711-2060

Complaint of longstanding unconstitutional and illegitimate operation of a political

subdivision of the State of Texas and disenfranchisement of registered voters and

other citizens having reasonable interest against

Woodlands Road Utility District # 1 and its Board of Directors and its

General Counsel Mike Page.

The Woodlands Road Utility District #1 of Montgomery County Texas (the district) was

created under HB 2818 by act of Texas 72nd

legislature in 1991. It is created pursuant to

the Texas Constitution. Also, notably pursuant to the Texas Water Code Chapter 54. The

district has five Current Directors, namely Ed Miller, David Baumgartner, Bill Neal,

Richard DeBone and Winton Davenport Jr.

According to General Counsel for the district, Mike Page the district was formed by The

Woodlands Development Company to facilitate construction of roads within the

boundaries of The Woodlands, Texas; a master planned community. The original board

was appointed by the developer and has only varied from the original appointees upon the

death of existing directors who were then replaced with new appointees selected by the

remaining board.

Three of my friends and associates were so motivated by the story of a long standing

developer appointed “holdover board” in the district that they agreed to challenge the

incumbents and filed to appear on the ballot for May 8, 2010.

The original residents necessary to form the district have moved away and the two

original residences were “torn down” years ago by the developer, Page admits.

The current board is referred to by Page as a “holdover” board.

Page concedes that the district did not hold elections between 2000 and 2010 due to the

lack of any interested Texas resident to contest a board position in those years. Moreover,

had any Texas resident chosen to contest a board position in those intervening years, no

election would have been held as, until recently there were no voters present in the

district. The assertion that there were no voters in the district was officially confirmed by

Page in March 9, 2010 response to a request under the Texas Public Information Act.

Despite the absence of voters or residents within the boundaries of the district, the district

has sold municipal bonds each year 2001-2009.

Contrary to the claim by Mike Page that there were no registered voters within the district

it was easily discovered that there are in fact numerous longstanding voters lawfully

registered and apparently eligible to vote in elections for the district. I compiled a list

which I was able to submit to Montgomery County Elections at their request on or about

March 30,2010.

These voters are among those Texas citizens who may have desired to exercise there right

to vote under the Texas Constitution and the Texas Election code had they known of the

existence of the district and understood it peculiar boundaries which intentionally only

encompass “commercial property” and by design exclude residential property.

On or about April 1, 2010 Mike Page’s firm learned of the existence of registered voters

within the RUD from Carol Gaultney, Registrar of Election for Montgomery County,

then he notified me via email that he had unexpectedly discovered two previously

unknown residents who were indeed registered to vote in the district and therefore a

election contest would occur on May 8, 2010.

It was disturbing to hear from Mike Page how blatantly the district was conceived and

operated merely at to do the bidding of the developer, Mike Page initially announced that

there would not be an election and why, this prompted inquiry with Texas Secretary of

State Elections Division and began discussion with Mr. Joseph Kulhavy.

The result was an election contest. The following points are presented as the basis to this

complaint.

Violation of the Rule of Law, republican form of government. & Violation of Oath

of Office.

The Texas Constitution says in part,

Art 1 Sec 2. All political power is inherent in the people, and all free governments are founded on

their authority, and instituted for their benefit. The faith of the people of Texas stands pledged to

the preservation of a republican form of government, and, subject to this limitation only, they have

at all times the inalienable right to alter, reform or abolish their government in such manner as

they may think expedient.

Because all government derives its just powers from the consent of the governed the

Board of Directors have jointly and severally violated this first principle of law in Texas

by continuing to operate the district since 1991 without transitioning the appointed

developer accountable board to legitimate voter / resident accountability.

The official Oath to constitution administered to the Board of Directors reads as follows-

IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS, I do solemnly swear

(or affirm), that I will faithfully execute the duties of the office of ~ of the State of Texas, and will

to the best of my ability preserve, protect, and defend the Constitution and laws of the United

States and of this State, so help me God.

All Government in Texas is prohibited form assuming any alien form or structure such as

Monarchy, Oligarchy, Democracy, Tyranny or Corporate Oligarchy like the district.

No Due Diligence

According to Montgomery County Elections as of Mar 2nd

2010 “this office has never

received any communication or requests for voter lists or other election information from

the Woodlands Road Utility District #1 or any representative”.

http://www.scribd.com/doc/45246453

Any diligent and legitimate governing body will perform regular due diligence to confirm

the presence or absence of voters within the jurisdiction. The Board of Directors neglect

of such a basic survey points to their illegitimate standing.

Affidavit for dormancy

The district’s enabling legislation also places it under Section 6(B)(1) Chapter 54 Texas

Water Code.

The recent revelation that the district filed a standing affidavit of dormancy with the

TCEQ in 2001 and yet has continued to operate underlines flagrant disregard for the laws

of this state, whatever restraint was intended to be placed on this so called political

subdivision for the good of the people of Texas has been simply scoffed at by those who

hold the districts’ power. http://www.scribd.com/doc/45218281/RUD-Dormancy

Gerrymandering

Review of the Map of the Woodlands Road Utility District #1 quickly informs one of the

clear intension to stifle the possibility voter control and to reserve it only for the those

privileged to special interests ~ which is exactly what was brought to pass for one

exclusive insider couple.

http://www.scribd.com/doc/45247343

Insider control Laukien landlord

Here Mike Page advises he has unexpectedly discovered two (alleged) previously unknown

residents, Dirk & Kate Laukien http://www.scribd.com/doc/45247614

The problem with this story is that evidence point to an intimate and longstanding

knowledge of the Laukiens’ and their residence plans by Mike Page.

1. They were granted a tax abatement by the district as early as 2007 here ~

http://www.scribd.com/doc/45247764

2. MC Appraisal District Screen shot demonstrates authorities knew of the personal

residence plans made by the Laukiens’ at least through 2009 here ~

http://www.scribd.com/doc/45218099/LaukienTax-MCAD

3. The Laukiens are not just any old property owner or a stranger to Mike Page and

the district ` The Laukiens also own the very building the developer holds offices

in and that the district held monthly board meetings in through June 2010 ~

http://www.scribd.com/doc/45247930

So this begs the question, when Mike Page stated there were no residents in the district, was he

telling the truth?

Special Deed restrictions

Actual Residents – Ponder – Rudney – Moeykens since 2006

Here are 3 letters written to Montgomery County Elections Central

by voters seeking to explicitly establish their residence and who are located within the

district. http://www.scribd.com/doc/45248225

One lived in the Residence in, one in a Hospital and the third owns a 4 storey office

building. The list containing remaining pre-existing voters discovered prior to the

election and submitted to Montgomery County elections are listed here ~

http://www.scribd.com/doc/45248353

All these voters have rights under the law pursuant to Texas Election Code: Chapter 11:

002 and were ignored and disenfranchised by the district.

Qualifications and Requirements for Voting.

http://www.statutes.legis.state.tx.us/Docs/EL/htm/EL.11.htm#11.002

Please include the above in your investigation of irregularities in the May 8, 2010

election held by the district. I would like to point out that that election would not have

been held without my intervention and the assistance and guidance of the Secretary of

State Elections Division for which I am very grateful.

Your Faithfully,

Adrian Heath

Diagram to Illustrate conflicting relationships in a special district

https://sites.google.com/a/countycitizens.com/fraud/documents/WRUD-VENN.pdf

Texas Constitution

http://www.statutes.legis.state.tx.us/Docs/CN/htm/CN.1.htm Enabling Legislation

http://www.scribd.com/doc/27910945/WRUD-1-Enabling-Legislation