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 72
nd
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 Pages 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 2
nd
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 districts 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