Case Information
*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN
Honorable ho. A. Hlght
Chief Aooountant
Boer6 of County anb Dlstxlot Romd
hiaistln, Texas
a of H. B. - af Llmert4ar fat #l8 l lli+lo on sehorlty r sntrlml b la~iO8 MaIre 3; 1, aaipt ef our letter & Much on the fo i lariag qu~~tfcnt ty sdl Dirtriot Road t4rm6 of a nun0 tuao @map Gomlssfoa hare r partloipatfoa bomb lr- ma. 18 af LimarataL~ county, lob wore oqmded in the eon- 4 from ?t?art via Ben Rur to reads aa followrz o pro tuao ordsr aantloned WiRcR leti, 190. wIRuTE 10. ,- WFtERW, Carl OnMOX4, COWltg Judg# Of ?&MStOSbO County, TOsaP, appearing in behalf of Reed Dietriot Ito. 18, lAPseston County, %*xao, rcrgmmanto to thhtr Au$ust t&o Highway eom- aorePeirrsi4n rmis8loa of Tent psaimd Elaut4 ao. WOO, dsrlgaatfns *2 Honorabla 0~0. S. Hlght, page #e
a State Righway from &art to Oflesbrok; sod that said Elnuta, as sass appears on tha re- aords of the Highway Comlsslon, doas not and did not rsflsot the aatlon of the Hl@way com- mission when mid road was designated, from Yart to OrOaSbe0k, and in behalf of said Oontantlon he presented e~iden00 In the ronn or lettsrm written to tba Highway Oonimlmslon by the differ- ent county h3ge8 or Limest02u county rr08h iota to 1933, and also Ulnutes the Hl&~y Qommls- sfon whlah sh0w that the dfffarOnt ilalegstionr from Limestone County appearing befor aald Com- mlsolon were requesting the bonded from Hart by way of Ban Hur to Qroasbaok be da8ignatad as a Stats Highwayi and, further proranted afflda- rlts and letters to the effaot that uhsa EXHWSE No. 7997, was passed on 14, 19SS the dslegation appearing before the CommissiOa on Mid date understood snd heard the Hleway ~olmissloa, slttlng at that elms, da81@8ta ths old bonded road, to-wit: from the Motrnnan County llns way of Ben Iiur to OrmsbeOk as State Highway No.
164, snd further prorented to this Cossnlssloa a l&&as from the Honorable D. 15. hartin, of 8aB Antonlo, Texas, dated Ootober fil, 1940, statlit tbet on August 14, 19S3, he, as a member of the State Hi&wag Commission, voted to dsslgnata old bond86 rmd fromltart by way 0f BOn PRw to Orossbeok as State Highrap No. 184; ho &lrO pre- oented a letter Cblrmsn rrom the Honorable John wood, the Hi@may Comalsslon on August 14, 1933, when I;lnute IUo. 7997 was passed, statlag that 011 suoh oooasfon ha voted to deslgaate ths old booded from Mart to 0 oesbeok by rap of hn Bur stat* kllghway Roe. l&,and
commission that date so ae8igtkeed the old bonded road rrom uart to G+wsboak by ray Of Ben Ffur; and,
“UYIB.R~~S, aiter hearing said erldenes the Corn- mlsslon fS 0r the 091nion through iBaaY&- *no. ln drawing up Elnuta No. 7997, it faued to rarie0t the action ths Elighway Ccu5lssion *3 Honorable Oeo. A. Right, psgs #a
thet date, crnd that it was tb aatlon or the Hl&way Comlssio~ as then aonstltuted on August the old b0ad0a rma rr0pl to denigrate Ksrt to Oroesbssk by way of Ban Hur as State HIghway No. 164; and
%VFiE?E99, sinoa suoh tlw, the rights no other part lea have lntwveahl;
uTXEREFCZiT, to oorrspt mob wror and omlsslon 80 tbst the rsccrds of this body my mflsot all the truth of ths m tter~Inrolr.6;
*IT IS ORDERED, and thts Commlaslon hsre and now so rinds, the action or the Highway Com- miasloa or Texas, on August 14, 1992, was to a08ig-
nate as a part or the 3tats Hlgbray Systasi of Tsxas, and 14, 1933, as aforesaid, Statm Highway ComIsslon or Taxas, did doslgnate as a part or the Stats Rlghway Systam the stats of Texas, stntoh of rosa that bogins on tha MsLannan Uounty llns near the towa or Mart, and roriorllyl the old bonded through town Or Bon Eur to ths Ulty of Or06sb80k, State Highway No. 164; ad,
*BE XT FCRTFJER ORDERED, that such designation this order deolarlag such ds8lgrration auah aul be entered upon tha tilnutes of thfs Coxvilsslon nuna pro tune a8 of August 14, 1933, and as so sntarsd shall ba aa dfe0tiv43 as If actually entsrsa on mush Ailnuts on August 14, 19921. 0f the Stat8 %i&hway “I, 1C.L.PiigiBton, SeOrtttmy Camlesion of TsI(L8, do hereby oertlfy above and foregoing is a true and oorrcot oopy of ~00rdS the W.nute as appwrs in the Official the State Highway Coiwal~slon or Tsxas. n3x~~~S my hand and orrlciel ssal this 4th day of E&rob, 1941.
(slgnod) Il.L.Wigintim - Seemtam 23tsts Highway Cossaissl~a.* . .
Honorable Oao. A. Eight, page &
In Opinion Number O-3098 we stated that tho oillea of nuno pro tuna Is to woord an aotlon aotually had but whloh through inadvertence or mistake had hot baen reoorded. Suoh omirslon aonstltutlng nothing more nor less than a olerloal error, The la&t&ate rumtion of such an ant- being to aorreotly erldenoe upon the reoord whloh for so&a reason had not been anterod of reoord,at tha propr time.
Referring to the oontext of the nuno tuna order above quoted, It ~111 bs noted that the Highway Commfssion expressly finds "that throuqh lnadrertenoe In drawing up Elm&e #7997, it tallod to reflect tha aotloa of the High- way Cow~~Ia~lon that data . . . -, ati that, therefore, to oorreot auoh error aad otisslon 80 that the reoordm ntaf rerleot all the troth of the nratter lnvol~ed, I8 ordered ;h& ruoh be desi&mtOd nun0 pro tW&O 0i Awurt 14,
.
3Te think thlr action olaarly oonforas to tha prlaol- ples ths hnotlon of a nun0 pro tan0 entry. On ft.6 raoe it finds thet ths in quertion was aotuallp designated ardor of the Highway Oo~lsslon Auguclt 14, lQS8, but throw error mob action ma not moorded in E.lEute# of Coaa- lllbJ8lOn.
You are, therefore, advised that In our opinion the Board of county and Dlatriot Road Indebtedness has the author- for partlolpation the bonds of Road Dls- ity to rpalw e1lSlble trlot #la of LImeatone County, the proceeds of whioh were expanded In the ooastruotlon of the road alluded to ln the nuno pro tuno entry above quoted.
Very truly yours ATTCRXEY OEXERAL OB TEXAS