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From: Mike Page (mpage@sphllp.com) To: adrianheath@yahoo.com; Date: Fri, March 26, 2010 6:25:38 PM Cc: peghausman@sbcglobal.net; jkime@sphllp.com; Subject: RE: The Woodlands Road Utility District No. 1

http://us.mg201.mail.yahoo.com/dc/launch?.gx=1&.rand=04kqgnkshf4oq

Following your e-mail, I requested that a complete canvass of the boundaries of the RUD be made to confirm that there are no registered voters in the District; several days later, I was advised that only one parcel of land in the District was shown on the MCAD records as not being restricted to commercial or retail use; after further inquiry, we found that this property is owned by Dirk and Kate Laukien, who apparently own several office buildings in The Woodlands and who received specific deed restriction permission to construct and maintain a residence adjacent to one of their office buildings; following up on this development, it appears that a residence has been constructed on this property, that it is occupied by the Laukiens as a residence and that they are registered to vote in Montgomery County; so, we do, indeed, have two voters in the District, and the election is on; the election will be held jointly with the two MUD elections on May 8 at The Woodlands Water Resources Building, 2455 Lake Robbins Drive, The Woodlands, TX 77380; early voting will take place at the same location from April 26 through May 4, on weekdays only, between the hours of 8:00 a.m. and 4:00 p.m.; a ballot drawing for position is being scheduled for next week on March 30 at 9:00 a.m. at the same location; there are no write-in candidates and the ballot will be made available after the drawing; we are quite aware of the timetable for giving notice of and conducting the election.

From: Adrian David Heath [mailto:adrianheath@yahoo.com] Sent: Monday, March 22, 2010 1:30 PM To: Mike Page Cc: Peggy Hausman; Julie Kime Subject: Re: The Woodlands Road Utility District No. 1

March 22,2010

To: Mike Page Woodlands Road Utility District #1

Regarding contested may 8 th Election. There are now contested races in the upcoming election.

It’s difficult if not impossible for any political entity to conclusively assert as you did in your march 9,2010 email message that there are no residents (or registered voters) within the entity, given that the population of an area could change from day to day. It’s for this reason that political entities must have provisional ballot materials available at the election, on the chance that one or more registered voters within the territory may have “fallen through the cracks” (i.e., the voters may not have been listed in the voter registration list, despite being eligible to vote). Given that a substantial number of voters aren’t placed on voter registration lists due to simple clerical errors, (such as transposed street numbers, misspelled names, etc.), one cannot assume that merely because no one is listed as residing in a particular territory, no one is there.

That being the case, the election could only be cancelled if the candidates were removed from the ballot. The candidates could only be removed from the ballot because of irregularities of form or content in the candidates’ applications; at this late date, it is not possible to remove the candidates’ names from the ballot because of some asserted ineligibility.

Therefore I request the response of the district to the following -

1. identify which locations will be used as polling places for early voting and on Election Day

2. provide a sample ballot and list of designated write-in candidates (if any).

3. provide results of the drawing for position on the ballot and the drawing for position among the write-in candidates, or proposed

date for drawings.

The May 8, 2010 election calendar linked below is useful to determine when certain notices should or must be posted.

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http://www.sos.state.tx.us/elections/laws/2010may.shtml

Sincerely

Adrian heath

http://us.mg201.mail.yahoo.com/dc/launch?.gx=1&.rand=04kqgnkshf4oq

From: Mike Page <mpage@sphllp.com> To: "adrianheath@yahoo.com" <adrianheath@yahoo.com> Sent: Tue, March 9, 2010 12:23:21 PM Subject: The Woodlands Road Utility District No. 1

Attached are the minutes of the meetings of the Board of Directors of The Woodlands Road Utility District No. 1 for 2008 and 2009, the most recent audit report of the District and the list of checks from the operating, debt service and capital projects fund check registers, as requested. Since there are no residents in the District, there is no document that is responsive to your request for a list enumerating any residents or voters whose registered address is inside the District. These materials, together with the materials previously sent to you, are being provided without charge as a courtesy of my firm. Please be advised that the District's policy is that all of its non-exempt records are available for inspection by any interested person during normal business hours at our offices. If, after inspection, copies of documents are requested, they will be made at the prevailing rate of charge. This policy will be followed hereafter.

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http://us.mg201.mail.yahoo.com/dc/launch?.gx=1&.rand=04kqgnkshf4oq

A "REPLY TO ALL" OF THIS EMAIL COULD LEAD TO VIOLATIONS OF THE TEXAS OPEN MEETINGS ACT. PLEASE REPLY ONLY TO SENDER.

**************** CONFIDENTIALITY NOTICE ****************

The information in this email may be confidential and/or privileged. This email is intended to be reviewed by only the individual or organization named above. If you are not the intended recipient or an authorized representative of the intended recipient, you are hereby notified that any review, dissemination or copying of this email and its attachments, if any, or the information contained herein is strictly prohibited. If you have received this email in error, please immediately notify the sender by telephone and/or return email, delete this email from your system and destroy any printed copies which you may have made of this email. Thank you.

**************** IRS Circular 230 Disclosure **************** To the extent this communication contains any statement regarding federal taxes, such statement was not written or intended to be used, and cannot be used, by any person as a basis for avoiding federal tax penalties that may be imposed on that person.