/-- ,,.-, 

EiWE 

Honorable 0. E. Cerron 

County Attorney 

Ector County 

Odessa, Texas 

Opinion No. O-2501 

Re: ,Eligibility of certain bonds 

of Ector County to participate in the County and Road 

District Highway Fund provided, 

in House Bill No.6aa, 'FortySixth Legislature, Regular 

Session, 1939. 

Dear Sir: 

We are in receipt of your request for our opinion 

as to the eligibility of certain bonds issued by Ector County, 

the proceedsof which allegedly have been expended upon roads 

now constituting a part of the designated State Highway System, that is, whether the bonds are eligible to participate 

in the funds coming into the Board of County,and District 

Road Indebffedness as provided in House Bill 688, Forty-sixth 

Legislature, Regular Session, 1939. 

The facts, briefly stated, are as follows: 

On May 22, 1937, Ector County voted $135,000 of Road 

Bonds, which bonds were sold August 1, 1937, and the proceeds 

thereof expended in the purchase of a right-of-way, 120,feet 

in width, the fencing of same, and on November 13, 1937, a~contract was let by the Commissioners t Court for the purpose of 

constructing grading and drainage structures and a flexible 

base on the first 12.71 miles of a road extending northwest 

from Odessa toward the Winkler County line. The first section 

was completed by the contractor on June 14, 1938, and paid for 

from the proceeds of this bond issue, 
Honorable O.,E. Gerron, page 2 

. . 

At a public hearing of the State Highway,Commission in Austin on June 21, 1938, representatives of the 

Commissioners1 Court of Ector County appeared in behalf of 

a road from Winkler County to Odessa and Midland, at which 

time the State Highway Commission adopted Minute No.15111, 

which reads, in part, as follows: 

"In Wlnkler and Ector County it is the expressed intention of the Highway Commission to 

add to the State Highway System at some future date 

a road from Kermit extending northeast to the Winkler-gctor County Line, and thence northeast across 

EctorCounty via Qoldsmith to an intersection with 

Highway Non. 51~north of 'Odessa at the present intersection of HighwayNo. 51 and 158, and it is further 

intended at some future date to add to the State 

Highway System a road from Odessa northwest to an 

intersection with the above described route at a 

goint about 7-l/2 miles northeast of the Ector- 

~Nihkler County Line." 

Minute No. 15111 of the Highway Commission records is 

lengthy and will not be quoted here in full, but it must be 

noted in theread'%fg of said minute that certain conditions are 

imposed which must be complied with prior to the time such 

designation shall become effective. This being a condition 

precedent, it calls for the performance of some act or then 

happening of some event after the terms of the contract have 

been agreed upon before the contract shall take effect. You 

have stated in your communication that Ector County has complied with all of the terms laid down'in the minutes of the 

Highway Commission~relative to the obtaining of the right-ofway, the grading and drainage structures and the construction 

of the flexible base for such road. 

According to the information supplied us; that part 

of the road extendqpg northwestwardly from Odessa to a connection with the State Highway running east from Kermit &n Winkler County was not finally and officially designated as a part 

of the State Highway System until June 20, 1939; however, in 

the adoption of Minute No.16373 the Highway Commission directly referred to Minute No.15114, here%iabove quoted, by cancelling such minute and adopting Minute No.16373 in lieu 
Honorable 0. E. Gerron, page 3 

thereof. This highway was designated as Highway No. 302 

of the State Highway System. 

Paragraph 2 of Section 6a of House 'Bill~688, supra, 

reads as follows:, 

"In the event the State Highway Commission 

has on a date prior to January 2, 1939, ind,icated :_' 

its intention of designating as ,State H.ighways the'~ 

public roads of any county or defined road district in this state, and has evidenced such in-~~ 

tention in its official records or files, then the 

provisions of this Act shall apply as if the roads 

had actually been designated prior to January 2,, 1939.': 

; 

The language of Minute No.15111, which is'a part of 

the official records of the State Highway Commission and is 

dated June 21, 1938, clearly reveals that the Highway Corn-, 

mission intended at some future date to designate a road in 

H?tor County running northwesterly from Odessa toward the 

Winkler County Line as a part of the State Highway System, 

which we think brings it within the terms of the above 

quoted paragraph from House Bill 688. It will be noted that 

such paragraph provides that the Commission shall have indicated its intention of designating as State Highways'tbhe 

public roads of any county or def~ined road district, and 

shall have evidenced such intention in its official records, 

or files. Article 6666 of Vernon's Annotated Civil'Statutes 

provides that the Commission shall maintain a record,of all 

proceedings and official orders and keep on file copies of 

all road plans, specifications and estimates prepared,, 

by the department or under its direction. We think,that 

Minute No.15111 complies with the terms prescribed in paragraph 2 of Section 6a of House Bill 688 and evidences t.he . . ', 

intention of the Highway Commission to designate such road, 

and that the intention has been properly recorded in the 

official records of the Commission. An official record 

is one made by a public officer in pursuance of a duty and 

which serves as a memorial of official transactions for public referencer: It is our opinion that the indication of an 

intention of designating a road as a part of the State Highway System must have been formally recorded in the official 

records of the Highway Commission and shall have been adopted by the Commission at a regular or called meeting, It is 

obvious from the information supplied in your communication 

that the Highway~Commission has in the past acted with sufficient formality with reference to the designation of this 

particular road in Hctor County to bring same within the 
Honorable 0. E. Gerron, page 4 

terms of Section 6a of House Bill 688. 

Your question reads as follows: 

"Will you please advise if in your opinion 

this expenditure by Ector County and the bond 

issue from which it was derived is eligible to 

participate in the distribution of moneys coming into the County and District Highway Fhnd 

as provided for in House Bill 688, passed by the 

Forty-sixth Legislature, Regular Session, 1939, 

in compliance with paragraphs 2 and 3 of Section 

6a thereof." 

We do not think paragraph 3 of Section 6a applicable, 

and advise that your question should be answered in the afL 

flrmative. 

Trusting that the foregoing satisfactorily answers 

your inquiry, we are 

Yours very truly 

ATTORREYGERERAL OFTEXAS 

BY s/ Clarence E. Crowe 

ClarenCe'E,. Crowe 

APPROVED Aug.9,19'(0 Assistant 

Grover Sellers 

First Assistant Attorney General 

APPROVED Opinion Committee 

by BWB, Chairman 

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