During its Jan. 14 meeting, Montgomery City Council approved an escrow agreement with KHR Properties and authorized the city engineer to conduct a feasibility study.

After an initial 2-2 vote against the study, City Council eventually voted 3-1 to approve the study following further discussion about the city’s liability regarding a no vote. Council member Cheryl Fox voted against.

The details

KHR Properties is proposing a Jack in the Box on a 0.76-acre parcel of land near Hwy. 105 and FM 149. The escrow agreement ensures the cost of the study will be paid by the developer and not the city, according to the agenda item. The study will cost $5,000.

The feasibility study, which is estimated to be completed in 47 calendar days, will survey the city’s water, wastewater and drainage systems, according to the agenda.


After the study is complete, City Council will then vote to accept the results of the study and another vote to approve the development would come later.

What they’re saying
  • “I don't want the city to get liable to be sued for not accepting the feasibility study,” Mayor Sara Countryman said when the 2-2 vote was on her to decide. “I really and truly am in quite the conundrum, because I wouldn’t be sitting up here because we are the voice of the people, and for a number of reasons, the people do not want to see this development at that corner ... anywhere else, but not that. So for that reason, I would like to say no. However, I don't want to be sued over saying no.”
  • “I'm just saying that by the choices that we make, it puts the city in liability,” council member Casey Olson said. “So you can vote whatever you want, but understand choices have consequences.”