Texas Attorney General Opinion: O-5262 Page: 2 of 6
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319
Honorable Joe Nelson, pae #2
and on september 22, 1932 this designation was cancelled and
changed to the road from Libety to Livinigston. According
to a stataent by Judge W R. Ely and D. K. Martin, who com-
prised a majority of the Highway Commission in 1232, the Com-
mission did not have sufficient funds to build both the roads
"it was proposed that the designation from Dayton to Cleveland
be canceled end that the oounty oonstruot this road with bond
money, with the understanding that the road would be redesig-
nated afte construction was completed. Accordingly, in Nov-
ember 1903, the designation from Dayton to Cleveland was can-
celled and changed to the road from Liberty to LAvtir ston. At
the time of this canooellation, it was the expressed intention
of the majority of the Highway Commission to redezsinat the
road au a State highway after the County completed construction
thereon. "
Durin the years 195 through 1989 Liberty Count issued
its bonds and spent the sney on the construction of an 18-foot
oonrete highway betust the towns of Dayton and Clevelandr After
completion of the road, the highway Commission onditionally de-
signatad this road as Highway No. 81, but the cond ions Imnposd
in the deaination were not met until October, 194M and at that
time the State assumed maintenanr e of the road. The Board of
County and District Road Indebtedness then grated Liberty County
participation on the bonds that were outstanding at the time the
road was taken over by he Highway Commisaton for Rantenanoe
purposes, in aaccoranoe with our Opinion o, 0-942.
The county now requests that it be reimbursed for all
principal and interest paid by the county fro 12933 to the date
th road was taken ove fr r maintenance, and bases this conten-
tion on the at that the road was a designated hghway on Sept-
ember 17, 102, and the further fact that the road was a desig-
nated highway when our Opinion No, 0-134 was approved in com-
mittee. We do not agree with these contentions.Opinion 0-1334 oontains the following paragraphs
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-5262, text, May 10, 1943; (https://texashistory.unt.edu/ark:/67531/metapth262530/m1/2/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.