Six months after Montgomery County voters turned down a $350 million road bond referendum, the county is proposing a new bond—one that was created in partnership with the Woodlands-based Texas Patriots PAC.

The partnership with the Patriots PAC has been met with opposition from some in the county, including Precinct 1 Commissioner Mike Meador.

The $280 million road bond referendum comes after Precinct 2 Commissioner Charlie Riley and County Judge Craig Doyal signed a memorandum of understanding with the Patriots PAC outlining details of the referendum, including the exclusion of the highly contested Woodlands Parkway extension.

The $20 million, 6-mile extension located in Precinct 2 was primarily responsible for the failure of the May proposal, Doyal said.

“The biggest issue in the last bond was Woodlands Parkway, and that isn’t on this [bond],” Doyal said. “The need [for a bond] is there—it’s obvious. Drive any part of Montgomery County [in] any part of the day, and you will recognize that need fast.”

Should the bond meet voter approval, the increased debt would not result in a property tax increase, he said.

Doyal said a financial analysis conducted by the county showed even amid an economic energy recession, the county would experience enough financial growth over the next several years to offset any potential tax increase.

Precinct 3 Commissioner James Noack said it was imperative the county put forth a bond issue this year.

“Ever since the bond was defeated in May, I believed it was very important for our community that [the county] go back to the drawing board and put a bond proposal before the voters in November of this year,” he said. “The impetus being the level of frustration our residents are facing, a decline in their quality of life and the fact that traffic issues cannot be handled in the county’s current budget really necessitates us moving forward with a bond.”

Bond projects

The $280 million in funding planned for road improvements in the November bond is divided among the four precincts, with Precinct 1 receiving $64 million, Precinct 2 receiving $64 million, Precinct 3 receiving $84 million and Precinct 4 receiving $68 million. The Woodlands, Oak Ridge North, Shenandoah and the Rayford Road corridor are all located within Precinct 3.

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One of the most significant projects planned for Precinct 3 is the widening of Rayford Road from four to six lanes from the Union Pacific Corp. railroad tracks to the Grand Parkway. That project also includes an overpass to be built over the railroads which will allow traffic to move freely along Rayford Road without the need to stop for a passing train.

In addition, $14.5 million will be allocated to expand Woodlands Parkway from six  to eight  lanes from I-45 west to Grogan’s Mill Road. That project also includes adding dedicated right-turn lanes on both the eastbound and westbound sides of the road. Another $2.6 million is planned to fund the widening of Lake Woodlands Drive from four to six lanes from just west of Lake Front Circle to I-45.

Other funding efforts in Precinct 3 include $3 million to go toward building an overpass on Gosling Road over Spring Creek. Money allocated for that project would go toward a required local funding match as part of the Houston-Galveston Area Council’s Transportation Improvement Program. The project could receive federal funding if it is selected by H-GAC to do so based on several indicators. Precinct 3 would also pay $3 million for engineering and schematics for a proposed single-point urban interchange on the Woodlands Parkway-Robinson Road overpass at I-45.

Patriots PAC involvement

In July, three of the four county commissioners stated they were not in favor of holding a November bond referendum and turned down an official motion by Noack to hold a vote.

However, over the ensuing weeks, both Doyal and Riley, through a political consultant, began discussions with Texas Patriots PAC President Turner and other PAC representatives on the possibility of putting forward a bond proposal that would more likely earn a favorable response from voters, Doyal said.

“Although we were opponents on the May 9 bond, it’s OK, sometimes you have to put those battles aside to get something done,” he said. “If we can find some common ground, gain their support for a bond issue and not make it another battle, then let’s talk. So we did. It turned out there was a lot of common ground.”

Doyal and the court called for a special meeting on Aug. 21, the last possible day to place a referendum on the Nov. 3 ballot. Doyal, Riley and the Patriots PAC signed a memorandum of understanding ahead of the vote, which laid out the details of the bond.

“It’s not a matter of letting any group dictate anything, but if there is a group that is very active, very vocal and has a very strong base, you have to talk to them,” Doyal said. “I can put my personal opinions aside to get something accomplished.”

Turner said the Patriots PAC has recognized a need for a bond and improved mobility in the area.

“I think that voters in Montgomery County see that their participation in the political process does have an impact,” she said. “When you have a group like ours that pays attention and advocates for issues when people can’t show up for Commissioners Court—we consider very carefully every race on the ballot—they tend to be willing to get involved and support issues.”

Although the Aug. 21 Commissioners Court vote to approve the November bond referendum was unanimous, Meador said he was concerned with the proposal because of the county’s agreement with the Tea Party.

“I told [the court] that I’m not very happy with the way [the process] was done,” Meador said. “I think we are going down a slippery slope, to let one small interest group dictate what happens in the entire county.”

Open Meetings Act

The Commissioners Court is now at risk of grand jury review for possible violation of the Texas Open Meetings Act due to opposition over the perceived conduct in communications at how the bond proposal was brought back to life.

Montgomery County attorney J.D. Lambright submitted a letter on Sept. 25 to Doyal stating that the Commissioners Court complied with the rules set out by the TOMA.

“As a result, we find no basis or in fact (including the furnished emails) that would provide for the Commissioners Court’s action setting the election to be voided or subject to either mandamus or injunction,” he said.

It is unknown if the review will affect the November road bond election.

On Sept. 29, Christopher Downey,  defense lawyer with Downey Law Firm and board certified with the Texas Board of Legal Specialization, said he is researching the law regarding TOMA to discover if the court violated open meeting laws.

“We are compiling a collection of all of the relevant documents and will then speak with the involved parties,” Downey said. “We will then evaluate our information to determine whether the circumstances warrant bringing the matter before a grand jury for review.”

Additional reporting by Jesse Mendoza and Brian Walzel