• Home
  • Dark Clouds Hang Over David Memorial Extension

Dark Clouds Hang Over David Memorial Extension

The $9.1 million construction project to extend David Memorial Drive to Highway 242 may not start in August as planned because the city of Conroe is apparently considering delaying its portion of funding. The extension would provide much needed relief to congestion on the I-45 feeder northbound between Research Forest and Highway 242. The project involves land in Shenandoah, Conroe and Montgomery County and property belonging to Houston Methodist The Woodlands Hospital. Funding for the project was split between the County ($5 million), Conroe ($2.1 million) and Shenandoah ($2 million).
 
On December 6, 2022, local officials celebrated a ground breaking ceremony to mark the initial land clearing. Shenandoah Mayor John Escoto said, “This project has been in the works for a number of years, and thankfully we have managed to acquire the funding to complete this project.” At the time, however, the interlocal agreement had not been signed by all parties. As of today, only Shenandoah and Montgomery County have written commitments to fund the project.  According to Conroe City Engineer Chris Bogert, Conroe has not signed the interlocal agreement.
 
However, Texas courts have upheld oral contracts based on communications between parties, and the circumstances surrounding those communications. One of the most well known oral contract cases was when a Texas jury awarded $11 billion dollars in damages to Pennzoil because they found Texaco interfered with an oral contract for the sale of Getty Oil to Pennzoil.
 
Yesterday, Debbie Pilcher posted an urgent call to action on social media for residents in the area, asking them to email Conroe City Council members, and tell them to “stop stalling and get their act together. This week they have the opportunity to sign the MOU guaranteeing… finally…  their financial commitment to the David Memorial extension project that they have been giving lip service to for 2 years.” Pilcher posted her remarks under her personal account, but it is widely known she is the Communication Manager for the City of Shenandoah.
 
On June 28, Shenandoah City Councilman Ron Raymaker said, “The city of Conroe got themselves into a financial pickle not noticing they needed to fund $5.1 million of operating and maintenance for their new convention center so they are trying to renege on the $2.1 million they committed to the David Memorial project.” For more information on Conroe’s financial dilemma involving its new convention center see this article
 
During the December 14, 2022 Shenandoah city council meeting, councilman Ted Fletcher praised other local officials, including the Conroe mayor, for their part in the David Memorial project. 
 

If the City of Conroe fails to commit to funding its share of the project next week, Montgomery County and Shenandoah should review whether the communications and actions of Conroe did indeed form an enforceable oral contract under Texas law.