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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT
Chapter : Chapter 49 County Commissions and County Buildings
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No permit required by the provisions of order or ordinance
regulations adopted pursuant to the provisions of sections 49.600 to
49.615 shall be denied an applicant if the proposed construction, use or
other development will not raise the flood elevation of the one hundred
year flood level more than one foot; provided, however, that any permit
may require that the lowest floor of an insurable structure shall be
above the one hundred year flood level and that all structures shall be
adequately anchored to prevent flotation, collapse or lateral movement of
the structure. (L. 1980 S.B. 746 § 2)
Effective 5-9-80
Any order or ordinance regulations adopted pursuant to sections
49.600 to 49.615 shall provide that the county commission may grant
individual variances beyond the limitations prescribed by the order or
ordinance regulations upon presentation of adequate proof that compliance
with the provisions of the order or ordinance regulations will result in
an exceptional hardship to applicant or any arbitrary and unreasonable
closing or prevention of any lawful construction, use or other
development in the area or county and which will not result in additional
threats to public safety and will not be inconsistent with the objectives
of sound flood plain management. (L. 1980 S.B. 746 § 3, A.L. 1983 S.B.
219)
Effective 1-1-85
All final decisions, orders, actions or determinations of the
county commission made under or involving the provisions of order or
ordinance regulations adopted pursuant to the provisions of sections
49.600 to 49.615 shall be subject to judicial review to the same extent
and in the same manner prescribed by chapter 536, RSMo. (L. 1980 S.B. 746
§ 4, A.L. 1983 S.B. 219)
Effective 1-1-85
1. The governing authority of each county without a charter form
of government shall have the power to adopt ordinances or resolutions
relating to its property, affairs, and local government for which no
provision has been made in the constitution of this state or state
statute regarding the following:
(1) County roads controlled by the county;
(2) Emergency management, as it specifically relates to the actual
occurrence of a natural or man-made disaster of major proportions within
the county when the safety and welfare of the inhabitants of such county
are jeopardized;
(3) Nuisance abatement, excluding agricultural and horticultural property
as defined in section 137.016, RSMo;
(4) Storm water control, excluding agricultural and horticultural
property as defined in section 137.016, RSMo;
(5) The promotion of economic development for job creation purposes;
(6) Parks and recreation; and
(7) Protection of the environment from the risks posed by methamphetamine
production. Nothing in this subdivision shall be construed to allow a
noncharter county to adopt an ordinance or resolution regulating the sale
or display at any retail outlet of any drug having an active ingredient
of ephedrine, pseudoephedrine, phenylpropanolamine, or any of their
salts, optical isomers, or salts of optical isomers. Each county shall
have the authority by ordinance to authorize specified officeholders to
receive donations for specified purposes to defray costs of
administration of programs set forth in said ordinance. If any such
ordinance, order, or resolution conflicts with a municipal, fire
protection district, or ambulance district ordinance, the provisions of
such municipality, fire protection district, or ambulance district shall
prevail within the corporate boundaries of the municipality, of such
municipality, fire protection district, or ambulance district. All
ordinances adopted pursuant to this section shall remain effective until
repealed or amended by the governing authority, except that the general
assembly shall have the power to further define, broaden, limit, or
otherwise regulate the power of each such county to adopt ordinances,
resolutions, or regulations.
2. The governing body of each county without a charter form of government
may submit to the qualified voters of the county any ordinance,
resolution, or regulation proposed pursuant to this section for the
approval of the qualified voters of the county. Any ordinance,
resolution, or regulation submitted to the qualified voters pursuant to
this section shall become effective if a majority of the qualified voters
voting on the ordinance, resolution, or regulation are in favor of its
adoption, but no ordinance, resolution, or regulation shall become
effective if a majority of the qualified voters voting on the ordinance,
resolution, or regulation are opposed to its adoption.
3. Notwithstanding any other provision of this section to the contrary,
no tax or fee shall be submitted to the voters of the county unless the
tax or fee has been authorized by statute by the general assembly.
4. No county of the first, second, third, or fourth classification shall
have the power to adopt any ordinance, resolution, or regulation pursuant
to this section governing any railroad company, telecommunications or
wireless companies, public utilities, rural electric cooperatives, or
municipal utilities.
5. No county commission of any county of the third classification shall
enact an ordinance with regard to agricultural operations under this
section. Any zoning ordinance adopted by any county of the third
classification before August 28, 2004, shall be exempt from this
subsection. (L. 2003 H.B. 267, A.L. 2004 H.B. 795, et al.)
The county court shall be known as the "county commission" and
shall be composed of three members, to be styled "commissioners" of the
county, and each county shall be districted by the commissions thereof
into two districts, of contiguous territory, as nearly equal in
population as practicable, without dividing municipal townships. (RSMo
1939 § 2474, A.L. 1945 p. 832, A.L. 1983 S.B. 219)
Prior revisions: 1929 § 2072; 1919 § 2568; 1909 § 4075
Effective 1-1-85
CROSS REFERENCE: Number of members may be reduced, how, Const. Art. VI § 7
At the general election in the year 1996, and every four years
thereafter, the voters of each of the districts shall elect a county
commissioner, who shall hold his office for a term of four years and
until his successor is duly elected and qualified; and at the general
election in the year 1882, and every four years thereafter, the presiding
commissioner of the county shall be elected by the voters of the county
at large, who shall hold his office for the term of four years and until
his successor is duly elected and qualified. Each commissioner shall be a
resident of the county and each commissioner elected from a district
shall be a resident of the district from which such commissioner was
elected. Each commissioner elected under the provisions of this chapter
shall enter upon the duties of his office on the first day of January
immediately after his election. (RSMo 1939 § 2475, A.L. 1978 H.B. 971,
A.L. 1983 S.B. 219, A.L. 1992 S.B. 833, A.L. 1995 H.B. 256)
Prior revisions: 1929 § 2073; 1919 § 2569; 1909 § 4076
The clerks of the county commission shall certify to the governor
the names of the persons elected as county commissioners, and the
governor shall thereupon commission all such persons as commissioners for
their respective terms for which they may have been elected. (RSMo 1939 §
2478, A.L. 1983 S.B. 219)
Prior revisions: 1929 § 2076; 1919 § 2572; 1909 § 4079
Effective 1-1-85
When a vacancy shall occur in the office of a county
commissioner, the vacancy shall at once be certified by the clerk of the
commission to the governor, who shall fill such vacancy with a person who
resides in the district at the time the vacancy occurs, as provided by
law. (RSMo 1939 § 2477, A.L. 1983 S.B. 219, A.L. 1990 H.B. 1816)
Prior revisions: 1929 § 2075; 1919 § 2571; 1909 § 4078
A majority of the commissioners of the county commission shall
constitute a quorum to do business; a single member may adjourn from day
to day, and require the attendance of those absent; when but two
commissioners are sitting and they shall disagree in any matter submitted
to them, the decision of the presiding commissioner shall stand as the
decision of the commission; provided further, when the presiding
commissioner is absent and the other two commissioners are present the
commission clerk shall designate one of the commissioners present as
presiding commissioner during the absence of the regular presiding
commissioner, and he shall, during the absence of the regular presiding
commissioner, have all of the powers of the regular presiding
commissioner. (RSMo 1939 § 2493, A.L. 1953 p. 389, A.L. 1983 S.B. 219)
Prior revisions: 1929 § 2091; 1919 § 2587; 1909 § 4094
Effective 1-1-85
The county commission in all counties of the second class having
a population of over thirty thousand inhabitants and containing a part of
a city having a population of more than four hundred fifty thousand
inhabitants may appoint a sewer supervisor and fix his compensation. The
sewer supervisor shall supervise the construction and extension of sewers
within the county and shall have the other duties that the county
commission may provide. (L. 1973 H.B. 680 § 1, A.L. 1983 S.B. 219)
Effective 1-1-85
1. A county commissioner in any county, other than in a first
classification chartered county or a first classification county not
having a charter form of government and not containing any part of a city
with a population of three hundred thousand or more, shall, subject to
any other adjustment otherwise provided in this section, receive an
annual salary computed as set forth in the following schedule. The
assessed valuation factor shall be the amount thereof as shown for the
year next preceding the computation. The provisions of this section shall
not permit or require a reduction in the amount of compensation being
paid for the office of commissioner on January 1, 1997.
Assessed Valuation Salary
$ 18,000,000 to 40,999,999 $19,140
41,000,000 to 53,999,999 19,800
54,000,000 to 65,999,999 21,120
66,000,000 to 85,999,999 22,440
86,000,000 to 99,999,999 23,760
100,000,000 to 130,999,999 25,080
131,000,000 to 159,999,999 26,400
160,000,000 to 189,999,999 27,060
190,000,000 to 249,999,999 27,390
250,000,000 to 299,999,999 28,380
300,000,000 or more 29,700
2. In addition to any compensation provided pursuant to subsection 1 of
this section, the presiding commissioner of any county not having a
charter form of government shall receive two thousand dollars annual
salary.
3. Two thousand dollars of the salary authorized in this section shall be
payable to a commissioner only if the commissioner has completed at least
twenty hours of classroom instruction each calendar year relating to the
operations of the commissioner's office when approved by a professional
association of the county commissioners of Missouri unless exempted from
the training by the professional association. The professional
association approving the program shall provide a certificate of
completion to each commissioner who completes the training program and
shall send a list of certified commissioners to the treasurer of each
county. Expenses incurred for attending the training session may be
reimbursed to a county commissioner in the same manner as other expenses
as may be appropriated for that purpose.
4. A county commissioner in any county, other than a first classification
charter county or a first classification county not having a charter form
of government and not containing any part of a city with a population of
three hundred thousand or more, shall not, except upon a two-thirds vote
of all the members of the salary commission, receive an annual
compensation in an amount less than the total compensation being received
for the office of county commissioner or presiding commissioner
respectively for the particular county for services rendered or performed
on the date the salary commission votes. (L. 1987 S.B. 65, et al. § 6,
A.L. 1988 S.B. 431, A.L. 1997 S.B. 11)
CROSS REFERENCE: Compensation in certain first class, noncharter
counties, RSMo 50.343
1. In counties of the third and fourth classification, the county
officer or the county officer's designee of each county department shall,
annually, on or before the tenth day of October, inspect and inventory
all office equipment and machines, road machinery, farm supplies,
equipment and produce on hand and all other personal property belonging
to the county and used by such department of an individual original value
of one thousand dollars or more of whatsoever kind or description. The
county officer or the county officer's designee of each county department
shall have the discretion to inspect and inventory any office equipment
or county property used by such department with an original value of less
than one thousand dollars. Such inventory shall list such property by
keeping a continuous annual inventory of each item identified by
descriptive name, and on manufactured goods the manufacturer's serial
number, model, age and estimated market value, and after the first
inventory taken pursuant to this section, there shall be attached to
subsequent inventories a statement or explanation of any material changes
over that of the previous year, showing in particular the disposition of
any county property, the reason for its disposal, to whom disposed and
the amount received therefor.
2. All remaining property not inventoried by a particular department of
such county shall be inventoried by the county clerk of such county in
the same manner as items are inventoried pursuant to subsection 1 of this
section.
3. The reports required by this section shall be signed by the county
clerk. (L. 1999 H.B. 402 § 2, A.L. 2005 H.B. 58)
The county commissioners in counties of the second class shall
collate and digest, in December of each year, the information received
the preceding year in the reports of the various county officers and
shall prepare and place on file in the county clerk's office a resume of
this information for inspection by the public. (L. 1965 p. 150 § 1, A.L.
1983 S.B. 219)
Effective 1-1-85
For the benefit of the executive branch and members and staff of
the general assembly, in determining local needs in appropriation of
funds of the state, the county commissioners in all counties of the
second, third and fourth class shall file with the office of
administration, the oversight division of the committee on legislative
research, and the state auditor copies of summarized reports of all funds
received from any agency of the United States government. Further, county
commissioners, collectively or by designation of the presiding
commissioner, shall represent the county on the following regional
councils which may encompass their county: Manpower planning; aging;
health planning; law enforcement assistance; community action; countywide
sewer districts; solid waste management; county planning and zoning;
University of Missouri extension; future boards, commissions and councils
relating to health, education or welfare of the citizens as established
by executive or legislative action of the government of the United States
or of the state; and such other councils and organizations relating to
operations of counties as from time to time may be created. (L. 1975 S.B.
95 § 1, A.L. 1983 S.B. 219)
Effective 1-1-85
No county commissioner shall, directly or indirectly, become a
party to any contract to which the county is a party, or act as a road or
bridge commissioner, either general or special, or keeper of any poor
person. (RSMo 1939 § 2491, A.L. 1959 S.B. 65, A.L. 1983 S.B. 219)
Prior revisions: 1929 § 2089; 1919 § 2585; 1909 § 4092
Effective 1-1-85
CROSS REFERENCE: Member of county commission not to act as sales agent,
RSMo 229.090
Any county commissioner who shall violate any of the provisions
of section 49.140 or who shall do any of the acts or enter into any of
the contracts prohibited or declared unlawful in said section, shall be
guilty of a class B misdemeanor. (RSMo 1939 § 2492, A.L. 1983 S.B. 219)
Prior revisions: 1929 § 2090; 1919 § 2586; 1909 § 4093
Effective 1-1-85
If, by reason of sickness, absence from the county or other
preventing cause, the commissioners of any county, or a majority of them,
are not able to hold any regular meeting, the judge of the probate
division of the circuit court shall hold the term of the commission,
except that in counties having more than one circuit judge the presiding
judge of the circuit court shall designate one of the circuit judges to
hold the term of the county commission. (RSMo 1939 § 2443, A. 1949 H.B.
2006, A.L. 1959 S.B. 65, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 219)
Prior revisions: 1929 § 2052; 1919 § 2548; 1909 § 4062
Effective 1-1-85
Four terms of the county commission shall be held in each county
annually, at the place of holding commission meetings therein, commencing
on the first Mondays in January, April, July, and October. The county
commissions may alter the times for holding their stated terms, giving
notice thereof in such manner as to them shall seem expedient; provided,
that in counties now containing or that may hereafter contain
seventy-five thousand or more inhabitants, and where county commissions
are now or may hereafter be held at more places than one and at other
places than the county seat, the terms of the commission shall be held
monthly and alternately at the county seat and such other place as may be
provided for the holding of a meeting, and each monthly term shall
commence on the first Monday in each month. (RSMo 1939 § 2485, A.L. 1983
S.B. 219, A.L. 2003 H.B. 267)
Prior revisions: 1929 § 2083; 1919 § 2579; 1909 § 4086
The presiding commissioner or any two commissioners of the county
commission may order a special term whenever the business and interest of
the county require it. (RSMo 1939 § 2487, A.L. 1959 S.B. 65, A.L. 1983
S.B. 219)
Prior revisions: 1929 § 2085; 1919 § 2581; 1909 § 4088
Effective 1-1-85
Notice of such special term shall be given to the commissioners
who were absent when the same was ordered, and by advertisement placed up
in five public places in the county at least five days before the
commencement of such term. (RSMo 1939 § 2488, A.L. 1983 S.B. 219)
Prior revisions: 1929 § 2086; 1919 § 2582; 1909 § 4089
Effective 1-1-85
Each county commission may hold adjourned terms whenever it may
become necessary for the transaction of its business. (RSMo 1939 § 2489,
A.L. 1983 S.B. 219)
Prior revisions: 1929 § 2987; 1919 § 2583; 1909 § 4090
Effective 1-1-85
The county commission shall, when not otherwise provided by law,
have power to award process and to cause to come before them all and
every person whom they may deem it necessary to examine, whether parties
or witnesses, and may examine every person on oath or affirmation,
touching any matter in controversy before them. (RSMo 1939 § 2479, A.L.
1983 S.B. 219)
Prior revisions: 1929 § 2077; 1919 § 2573; 1909 § 4080
Effective 1-1-85
If a majority of the commissioners of the county commission shall
be interested in any cause or proceeding pending before them, or related
to either party, the same shall be certified with the original papers to
the circuit court of the county, which shall proceed thereon to final
judgment and determination in like manner as the county commission should
have done. (RSMo 1939 § 2481, A.L. 1983 S.B. 219)
Prior revisions: 1929 § 2079; 1919 § 2575; 1909 § 4082
Effective 1-1-85
In proceedings before county commissions, the commissioners or
any party whose interests are being determined may require that all the
evidence introduced be reported by a competent stenographer and when so
reported the evidence shall be transcribed and shall become a part of the
record in the case. The party requesting the stenographic record is
liable for the costs thereof if the matter is decided against him and the
county commission may require him to give security for the costs before
ordering the stenographic record. (L. 1959 S.B. 65, A.L. 1983 S.B. 219)
Effective 1-1-85
Appeals from the decisions, findings and orders of county
commissions shall be conducted under the provisions of chapter 536, RSMo.
(RSMo 1939 § 2490, A.L. 1959 S.B. 65, A.L. 1983 S.B. 219, A.L. 1985 S.B.
405)
Prior revisions: 1929 § 2088; 1919 § 2584; 1909 § 4091
(1984) When a county council makes a determination that would normally be
made by a county commission in a noncharter county, the decisions of the
county council come within the purview of this section governing appeals
from decisions, findings and orders of county commissions of
quasi-judicial nature. State ex rel. McNary v. Hais (Mo. banc), 670
S.W.2d 494.
In the settlements required by law to be made by the county
commission with treasurers and other officers holding county funds,
whether quarterly, yearly or otherwise, it shall be the duty of the
commission, or some commissioner thereof, to ascertain by actual
examination and count the amount of balances and funds in the hands of
such officers, and to what particular fund it appertains, and such
examination and count shall include all funds on hand up to the day on
which such settlement is made. (RSMo 1939 § 13770, A.L. 1983 S.B. 219)
Prior revisions: 1929 § 12111; 1919 § 9509; 1909 § 3730
Effective 1-1-85
The county commission of any county may grant easements over any
county roads, township roads or any county lands or township lands to any
watershed subdistrict for any purpose for which the subdistrict is
organized pursuant to the provisions of chapter 278, RSMo. (L. 1972 S.B.
470 § 1, A.L. 1983 S.B. 219)
Effective 1-1-85
The county commission in all counties of class two, by order
entered of record, may authorize all county offices, except the sheriff's
office, to be open not more than five days each week, and in all counties
of classes three and four by order entered of record, may authorize all
county offices, except the sheriff's office, to be open not more than
five and one-half days each week. The county commission, after entering
such an order, may require any office to be open six days a week when
public convenience requires. The authorization by the county commission
in counties of the third and fourth class to close such offices must be
published three times in the county newspapers and such authorization to
be signed by the county commission. (L. 1955 p. 369 § 1, A.L. 1959 H.B.
534, A.L. 1983 S.B. 219)
Effective 1-1-85
1. The county commission in all counties of the first, second or
fourth classification may by order or ordinance promulgate reasonable
regulations concerning the use of county property, the hours, conditions,
methods and manner of such use and the regulation of pedestrian and
vehicular traffic and parking thereon.
2. Violation of any regulation so adopted is an infraction.
3. The regulations so adopted shall be codified, printed and made
available for public use and adequate signs concerning smoking, traffic
and parking regulations shall be posted. (L. 1988 H.B. 1653, A.L. 2003
H.B. 267)
The county commission shall have control and management of the
property, real and personal, belonging to the county, and may purchase,
lease or receive by donation, or to refuse donation of, any property,
real or personal, for the use and benefit of the county, and may sell and
cause to be conveyed any real estate, goods or chattels belonging to the
county, appropriating the proceeds of such sale to the use of the same,
and to audit and settle all demands against the county. (RSMo 1939 §
2480, A.L. 1983 S.B. 219, A.L. 1990 H.B. 1640)
Prior revisions: 1929 § 2078; 1919 § 2574; 1909 § 4081
CROSS REFERENCES: County property subject to city ordinances, when, RSMo
88.743 to 88.750 Powers on claims against county generally, RSMo 50.160
Swamp and overflowed lands, employment of counsel to recover, RSMo 241.155
The county commission of any county of the first classification
without a charter form of government and with more than one hundred
thirty-five thousand four hundred but less than one hundred thirty-five
thousand five hundred inhabitants, and in any county of the first
classification without a charter form of government having a population
of at least eighty-two thousand inhabitants, but less than eighty-two
thousand one hundred inhabitants, any county of the first classification
with more than one hundred four thousand six hundred but fewer than one
hundred four thousand seven hundred inhabitants, any county of the first
classification with more than one hundred ninety-eight thousand but fewer
than one hundred ninety-nine thousand two hundred inhabitants, and any
county of the first classification with more than two hundred forty
thousand three hundred but less than two hundred forty thousand four
hundred inhabitants, which has an appointed county counselor and which
adopts or has adopted rules, regulations or ordinances under authority of
a statute which prescribes or authorizes a violation of such rules,
regulations or ordinances to be a misdemeanor punishable as provided by
law, may by rule, regulation or ordinance impose a civil fine not to
exceed one thousand dollars for each violation. Any fines imposed and
collected under such rules, regulations or ordinances shall be payable to
the county general fund to be used to pay for the cost of enforcement of
such rules, regulations or ordinances. (L. 2003 S.B. 537, A.L. 2004 H.B.
795, et al., A.L. 2005 H.B. 58)
CROSS REFERENCE: County counselor to prosecute violations of certain
county ordinances, where, RSMo 56.640
1. The county commissions in all counties of the first class not
operating under a special charter for their own government may, in their
discretion and in addition to any other allowance provided by law,
provide such transportation for any county official, deputy or employee
as is reasonably necessary to the efficient performance of his official
duties.
2. Such transportation may be provided by furnishing county-owned
automobiles or by paying a reasonable cash allowance for the use of
privately owned automobiles, or by paying a fixed amount per mile for
miles actually traveled in privately owned automobiles, or by furnishing
gasoline and oil, or in such other manner, or combination of manners, as
the county commission may direct. (L. 1951 p. 379 §§ 1, 2, A.L. 1983 S.B.
219)
Effective 1-1-85
County commissions of third and fourth class counties may provide
motor vehicles for the use of law enforcement personnel who are county
employees. Such motor vehicles shall be used by authorized personnel
only, and each sheriff shall prescribe rules and regulations for the use
of the motor vehicles. The county commission may acquire title to such
vehicles in the name of the county and may purchase insurance on the
vehicles. County commissions may sell or otherwise convey such vehicles
and may do all acts consistent with maintenance and operating costs of
the vehicles at county expense. The motor vehicles authorized herein
shall be of such size, type, make and horsepower as is determined by the
county commission. The county commission and the Missouri state highway
patrol may cooperate in the purchase and disposal of such vehicles,
either pursuant to the provisions of sections 67.330 to 67.450, RSMo, or
otherwise. Costs incident to purchase of such vehicles, other than the
purchase price, shall be paid by the county commission. (L. 1974 H.B.
1028 § 2, A.L. 1983 S.B. 219)
Effective 1-1-85
1. The county governing body in all counties may contribute to
the cost of a plan, including a plan underwritten by insurance, for
furnishing all or a part of hospitalization or medical expenses, life
insurance, or similar benefits for elected officials and their employees,
and to appropriate and utilize its revenues and other available funds for
these purposes.
2. No contract shall be entered into by the county to purchase any
insurance policy or policies pursuant to the terms of this section unless
such contract shall have been submitted to competitive bidding and such
contract be awarded to the lowest and best bidder.
3. The governing authority of all counties may provide, in addition to
any other programs or plans, workers' compensation, health insurance,
life insurance, and retirement plans for all county employees. (L. 1983
S.B. 57, A.L. 2003 H.B. 267)
The county commission may, by order, appoint an ex officio
commissioner to sell and dispose of any real estate belonging to their
county; and the deed of such ex officio commissioner, under his proper
hand and seal, for and in behalf of such county, duly acknowledged and
recorded, shall be sufficient to convey to the purchaser all the right,
title, interest and estate which the county may then have in or to the
premises so conveyed. (RSMo 1939 § 13784, A.L. 1983 S.B. 219)
Prior revisions: 1929 § 12125; 1919 § 9523; 1909 § 3744
Effective 1-1-85
1. It shall be unlawful for any county of the third or fourth
class to own real estate situated in any other county of this state other
than a county which adjoins it after five years from October 13, 1963, or
after five years from the date of acquisition of the real estate,
whichever date last occurs. If any county subject to these provisions
fails to dispose of such real estate within that time, the sheriff of the
county in which the land is located shall take possession of the real
estate and sell it at public auction from the place where and at the hour
when partition sales are normally conducted after giving notice of the
sale in the manner prescribed for partition sales both in the county
where the land is located and in the county owning the real estate.
Proceeds from the sale shall first be applied to paying the costs of
notices herein prescribed, then to a sheriff's sale fee not to exceed one
hundred dollars and approved by the circuit court of the county wherein
the real estate is located, then to the county owning the real estate.
However, all oil, gas and mineral rights shall be reserved to the county
when said real estate is sold. The county may, however, lease said rights
to third parties and the oil, gas and minerals sold under said lease
shall revert to the general revenue fund of the county.
2. The circuit court of the county wherein the real estate is situated
may upon the application of the county commission owning the real estate
and for good cause shown restrain the sheriff of the county from
proceeding with the provisions of subsection 1 for such time as may be
reasonable if it appears that the county owning the real estate has
entered into a valid contract for the sale of the real estate which will
be completed within a reasonable time after the five-year limit set forth
above. (L. 1963 p. 108 § 1, A.L. 1983 S.B. 219)
Effective 1-1-85
1. In all counties of the first class not having a charter form
of government, the county commission may lease to any person any real or
personal property and other facilities under the control of the county
commission owned by the county for a term not to exceed fifty years.
2. The same procedures shall be followed by the county commission as are
required in the purchase of property over five hundred dollars in value.
(L. 1965 p. 153 §§ 1, 2, A.L. 1983 S.B. 219)
Effective 1-1-85
Whenever any person shall present to the county commission his
petition in writing, duly verified, stating that he is the owner of one
or more pieces of real estate in said county which formerly belonged to
said county, and which was sold by the county commission to the
petitioner, or to a person under whom the petitioner claims title, and
which real estate was never conveyed by deed, or which was conveyed by
deed and the deed has been lost or destroyed, the county commission,
after being satisfied of the truth of the allegations of his petition,
and after advising with the prosecuting attorney, shall make an order
appointing three ex officio commissioners to execute a deed to such
person, and shall direct said ex officio commissioners to execute and
acknowledge such deed, and such ex officio commissioners shall thereupon
execute a deed conveying said real estate to the petitioner, which deed
shall have the same force and effect as if said deed had been executed by
the ex officio commissioner or commissioners originally appointed for
that purpose by the county governing board. Each ex officio commissioner
shall be entitled for his services to a fee of one dollar, to be paid by
the petitioner. (RSMo 1939 § 13785, A.L. 1983 S.B. 219)
Prior revisions: 1929 § 12126; 1919 § 9524; 1909 § 3745
Effective 1-1-85
If land or other property is sought to be appropriated by any
county commission for roads, drainage systems, sites for a county
courthouse, jail, poorhouse, infirmary or for any other public purpose
whatsoever, and the county commission and the land or property owner
whose land is sought to be appropriated are unable to agree upon the
damages or compensation for the taking of the property, or if the owner
is incapable of contracting or is a nonresident of this state, the county
commission may institute proceedings in the circuit court of the county
in the name of the county for the purpose of condemning the land or other
property. The proceedings in the circuit court shall be had in the manner
and with the effect provided in chapter 523, RSMo, for the condemnation
of property for public use. Any questions relative to the regularity of
the proceedings before the county commission may be raised in the action.
If the county commission institutes the proceedings, upon the petition of
registered voters of the county as authorized by chapter 228, RSMo, or at
the instance of any drainage district, the petitioners or drainage
district shall be made parties to the proceedings and the circuit court
may render judgment for damages and costs against the county or against
any or all of the parties as is just and proper in the premises. (L. 1945
p. 1469 § 1, A. 1949 H.B. 2006, A.L. 1959 S.B. 65, A.L. 1983 S.B. 219,
A.L. 1990 H.B. 1070)
(1965) Sections 49.300 and 228.100 in combination indicate a legislative
intent to cover entire subject of judicial phases of condemnation
proceedings by county courts and, therefore, they supersede and by
implication repeal contrary provisions in § 228.180. County of Greene v.
Hammons (Mo.), 389 S.W.2d 843.
(1987) Political subdivision has power pursuant to this section to
condemn the property of another political subdivision provided that such
condemnation does not totally destroy or materially impair or interfere
with existing use. State ex rel. Md. Heights, Etc. v. Campbell, 736
S.W.2d 383 (Mo. banc).
1. Whenever the county council or other legislative authority of
any first class county having a constitutional charter finds it necessary
for the protection of the public health to construct and operate
incinerators or composting plants for the destruction of garbage, trash,
cinders, refuse matter and waste, the county is hereby authorized to
acquire land by gift, purchase, exchange or by the exercise of the power
of eminent domain; to construct and operate incinerators or composting
plants thereon for the destruction of garbage, trash, cinders, refuse
matter and waste; to construct, lease or otherwise provide facilities and
equipment for the deposit of material after its collection and for the
transfer and transportation of the material to an incinerator or
composting plant or landfill; and to make a charge for the use of the
facilities for such purposes.
2. Any such constitutional charter county may finance and pay for the
planning, designing, acquisition, construction, equipment and improvement
of property for the purpose provided in subsection 1, by any one or
combination of the following methods:
(1) General revenue funds, including any proceeds derived from the
operation of such incinerators or composting plants or transfer
facilities;
(2) General obligation bonds within legal debt limitations;
(3) Negotiable interest-bearing revenue bonds, the principal and interest
of which shall be payable solely from the revenue derived from the
operation of such facilities, which revenue bonds may be issued and sold
by such constitutional charter county when authorized by the county
council or other legislative authority of the county. (L. 1961 p. 277 § 1)
The county commission of any county may acquire by purchase, for
the county, improved or unimproved real estate for a site for a
courthouse, jail or poorhouse or infirmary; or, when the county owns the
site may acquire by purchase improved or unimproved real estate as an
addition to or enlargement of the site. The county commission may pay for
the real estate acquired out of any money in the county treasury
belonging to the contingent fund or out of any surplus in any other fund
at the close of any fiscal year, after the payment of all warrants drawn
during the year against the fund and of all other previously issued and
outstanding warrants against the fund. (RSMo 1939 §§ 13717, 13718, A.L.
1959 S.B. 65, A.L. 1983 S.B. 219)
Prior revisions: 1929 §§ 12058, 12059; 1919 §§ 9458, 9459; 1909 §§ 3679,
3680
Effective 1-1-85
1. Except as provided in sections 221.400 to 221.420, RSMo, and
subsection 2 of this section, the county commission in each county in
this state shall erect and maintain at the established seat of justice a
good and sufficient courthouse, jail and necessary fireproof buildings
for the preservation of the records of the county; except, that in
counties having a special charter, the jail or workhouse may be located
at any place within the county. In pursuance of the authority herein
delegated to the county commission, the county commission may acquire a
site, construct, reconstruct, remodel, repair, maintain and equip the
courthouse and jail, and in counties wherein more than one place is
provided by law for holding of court, the county commission may buy and
equip or acquire a site and construct a building or buildings to be used
as a courthouse and jail, and may remodel, repair, maintain and equip
buildings in both places. The county commission may issue bonds as
provided by the general law covering the issuance of bonds by counties
for the purposes set forth in this section. In bond elections for these
purposes in counties wherein more than one place is provided by law for
holding of court, a separate ballot question may be submitted covering
proposed expenditures in each separate site described therein, or a
single ballot question may be submitted covering proposed expenditures at
more than one site, if the amount of the proposed expenditures at each of
the sites is specifically set out therein.
2. The county commission in all counties of the fourth classification and
any county of the third classification with a population of at least
fourteen thousand and not more than fourteen thousand five hundred
inhabitants bordering a county of the first classification without a
charter form of government with a population of at least eighty thousand
and not more than eighty-three thousand inhabitants may provide for the
erection and maintenance of a good and sufficient jail or holding cell
facility at a site in the county other than at the established seat of
justice. (RSMo 1939 § 13702, A.L. 1945 p. 1399, A.L. 1965 p. 153, A.L.
1983 S.B. 219, A.L. 1994 S.B. 520, A.L. 1995 H.B. 424, A.L. 1997 S.B. 89
merged with S.B. 218)
Prior revisions: 1929 § 12043; 1919 § 9443; 1909 § 3664
CROSS REFERENCES: Courthouse and jail bonds, RSMo 108.040, 108.070
Courthouse and jail to be erected, RSMo 71.300
Whenever the county commission of any county thinks it expedient
to erect any of the buildings aforesaid, the building of which is not
otherwise provided for, and there are sufficient funds in the county
treasury for that purpose, not otherwise appropriated, or the
circumstances of the county will otherwise permit, they shall make an
order for the building thereof, stating in the order the amount to be
appropriated for that purpose. (RSMo 1939 § 13715, A.L. 1959 S.B. 65,
A.L. 1983 S.B. 219)
Prior revisions: 1929 § 12056; 1919 § 9456; 1909 § 3677
Effective 1-1-85
The county commission shall appoint some suitable person to
superintend the erection of the buildings who shall take an oath to
discharge faithfully and impartially the duties enjoined on him by
sections 49.310 to 49.470. The superintendent of the county buildings
shall receive the compensation for his services that the county
commission deems reasonable, to be paid out of the county treasury. The
county commission shall fill any vacancy which occurs in the office of
superintendent. (RSMo 1939 §§ 13715, 13716, 13729, A.L. 1959 S.B. 65,
A.L. 1983 S.B. 219)
Prior revisions: 1929 §§ 12056, 12057, 12070; 1919 §§ 9456, 9457, 9470;
1909 §§ 3677, 3678, 3691
Effective 1-1-85
1. The county commission shall designate the place whereon to
erect any county building, on any land belonging to such county, at the
established seat of justice thereof. If there is no suitable ground
belonging to said county within the limits of the original town known as
the established seat of justice, the county commission shall select a
proper piece of ground anywhere within the corporate limits of the town
known as the county seat, and may purchase or receive by donation a lot
or lots of ground for that purpose, and shall take a good and sufficient
deed in fee simple for the same to the county, and shall make report to
the circuit court at its next sitting.
2. The provisions of subsection 1 of this section notwithstanding, any
county may acquire, own, erect, operate, manage, and maintain buildings
and property outside the limits of the established seat of justice, so
long as the buildings or property is located within the county. (RSMo
1939 § 13719, A.L. 1983 S.B. 219, A.L. 2003 H.B. 267 merged with S.B. 281)
Prior revisions: 1929 § 12060; 1919 § 9460; 1909 § 3681
Such court shall examine its title and certify its decision
thereon to the county commission. (RSMo 1939 § 13721, A.L. 1983 S.B. 219)
Prior revisions: 1929 § 12062; 1919 § 9462; 1909 § 3683
Effective 1-1-85
If the title to the land so purchased or received be approved,
the county commission, if they approve the selection, shall make an order
for the payment of the purchase money, if any, out of the county
treasury. (RSMo 1939 § 13722, A.L. 1983 S.B. 219)
Prior revisions: 1929 § 12063; 1919 § 9463; 1909 § 3684
Effective 1-1-85
When the ground for erecting any public building shall be
designated, as aforesaid, the superintendent shall prepare and submit to
the county commission a plan of the building to be erected, the
dimensions thereof, and the materials of which it is to be composed, with
an estimate of the probable cost thereof. (RSMo 1939 § 13723, A.L. 1983
S.B. 219)
Prior revisions: 1929 § 12064; 1919 § 9464; 1909 § 3685
Effective 1-1-85
When any plan shall be approved by the county commission, the
superintendent shall immediately advertise for bids for the erection and
construction of same, stating in such advertisement a description of such
building or buildings, and shall contract with the person or firm who
will agree to do the work and furnish the necessary material on the
lowest and best terms not exceeding the amount appropriated or set apart
for such building or buildings; provided, that in case the lowest bid
received shall be in excess of the amount appropriated, after two
successive advertisements for such bids, then, if such county commission
shall be of the opinion that such building or buildings can be
constructed or built for a sum not in excess of the amount appropriated,
or if the commission shall be of the opinion that there is collusion or
combination between the bidders for the purpose of forcing the county to
pay an exorbitant price for the construction of such building or
buildings, then, the commission may, in its discretion, let such building
or buildings at private contract, to be constructed according to original
plans and specifications upon which bids were received and approved by
the county commission. (RSMo 1939 § 13724, A.L. 1983 S.B. 219)
Prior revisions: 1929 § 12065; 1919 § 9465; 1909 § 3686
Effective 1-1-85
The superintendent shall take from the contractor a bond to the
county, with sufficient security, for the performance of the work at the
time and in the manner agreed on, according to the plan, under a penalty
at least one hundred ten percent of the amount to be given for erecting
the building. A copy of the plan shall be annexed to the bond. (RSMo 1939
§ 13725, A.L. 1959 S.B. 65, A.L. 1982 S.B. 691)
Prior revisions: 1929 § 12066; 1919 § 9466; 1909 § 3687
Effective 4-30-82
CROSS REFERENCE: Bonds of contractors, conditions imposed, RSMo 170.170
The superintendent shall oversee and direct the execution of the
work, and see that the materials employed are good, and that the work is
executed according to contract, and make report of the progress and
condition thereof, from time to time, to the county commission. (RSMo
1939 § 13726, A.L. 1959 S.B. 65, A.L. 1983 S.B. 219)
Prior revisions: 1929 § 12067; 1919 § 9467; 1909 § 3688
Effective 1-1-85
When any installment shall become due to the undertaker,
according to contract, the county commission shall make an order that the
same be paid out of the county treasury. (RSMo 1939 § 13727, A.L. 1983
S.B. 219)
Prior revisions: 1929 § 12068; 1919 § 9468; 1909 § 3689
Effective 1-1-85
No such order shall be made unless the superintendent shall
certify to the county commission that the due proportion of the work has
been completed and executed according to contract. (RSMo 1939 § 13728,
A.L. 1983 S.B. 219)
Prior revisions: 1929 § 12069; 1919 § 9469; 1909 § 3690
Effective 1-1-85
The county commission of each county shall have power, from time
to time, to alter, repair or build any county buildings, which have been
or may hereafter be erected, as circumstances may require, and the funds
of the county may admit; and they shall, moreover, take such measures as
shall be necessary to preserve all buildings and property of their county
from waste or damage. (RSMo 1939 § 13730, A.L. 1983 S.B. 219)
Prior revisions: 1929 § 12071; 1919 § 9471; 1909 § 3692
Effective 1-1-85
In all cases where courthouses or jails are insured, and are
totally or partially destroyed by fire, windstorms or cyclones, the money
realized on said insurance shall not be placed in the general revenue of
the county, but the county commission shall order that such funds shall
be kept separate and apart, and be placed in a fund which shall be
designated and known as a building fund, and that the same shall be used
in erecting or repairing said courthouse or jail, or furnishing buildings
or premises used for courthouse or jail purposes. (RSMo 1939 § 13713,
A.L. 1983 S.B. 219)
Prior revisions: 1929 § 12054; 1919 § 9454; 1909 § 3675
Effective 1-1-85
If any person commit any waste, trespass or other injury in or
upon any county buildings or other property belonging to any county, he
shall forfeit and pay, to the use of the county, fourfold damages, to be
recovered in the name of the county, in such form of action as
individuals may maintain for like injuries to their property. (RSMo 1939
§ 13731)
Prior revisions: 1929 § 12072; 1919 § 9472; 1909 § 3693
Whenever any fifty resident, solvent and responsible taxpaying
citizens of any county in the state shall have good reason to believe,
and do believe, that any contract made and entered into by the county
commission, with any person or corporation, affecting or concerning any
public building, lands, moneys or property of the county in any manner
whatever, or any extension of any such contract, was not made and entered
into in good faith, or for a just consideration, and with due regard for
the best interest of the county, or that any such contract previously
entered into has not been carried out by the parties thereto in good
faith and according to the terms of any such contract, they may bring a
suit in the circuit court of any such county, praying that the matter may
be inquired into, and thereupon the circuit court shall make a full
investigation of the matters alleged, and shall have power to set aside,
reform or cause to be enforced any such contract, or any extension of any
such contract, as the court shall deem best under the law and the facts.
Should the petitioners fail to sustain their petition, they shall pay the
costs; and all such proceedings shall be governed by the law relating to
civil practice in circuit courts. The said petition shall be filed in the
office of the clerk of the circuit court of said county; and thereafter
the death, removal or disability of any one or more of such petitioners
or plaintiffs shall not abate or affect the said suit. (RSMo 1939 §
13769, A.L. 1983 S.B. 219)
Prior revisions: 1929 § 12110; 1919 § 9508; 1909 § 3729
Effective 1-1-85
(1955) The remedy provided by this section is not exclusive and does not
take away the common law right of taxpayers to enjoin illegal
expenditures of public money. Everett v. County of Clinton (Mo.), 282
S.W.2d 30.
It shall be the duty of the county to provide offices or space
where the officers of the county may properly carry on and perform the
duties and functions of their respective offices. Said county shall
maintain, furnish and equip said offices and provide them with the
necessary stationery, supplies, equipment, appliances and furniture, all
to be taken care of and paid out of the county treasury of said county at
the time and in the manner that the county commission may direct. (RSMo
1939 § 13533, A. 1949 H.B. 2006, A.L. 1983 S.B. 219)
Effective 1-1-85
Whenever the governing body of any first class county finds it
necessary for the public need or convenience, or for the preservation of
the public records to build, repair or remodel a courthouse, office
buildings, court buildings or other public buildings in the county or to
purchase, construct or extend buildings and the land upon which the
buildings are situated, to be used by the county for courthouses or other
proper county purposes, the county is authorized and empowered to
purchase, construct or extend courthouses, office buildings, court
buildings, and other buildings used for county purposes upon its own land
or to acquire by purchase the land upon which the buildings are to be
built. (L. 1961 p. 278 § 1, A.L. 1975 H.B. 510)
For the purpose of defraying the cost of acquiring the buildings,
land and appurtenances thereto by purchase, construction or extension,
any county of the first class may borrow money and issue negotiable
bonds, except that no bonds shall be issued unless and until authorized
by an ordinance or order of the governing body of the county specifying
the proposed undertaking, the amount of bonds to be issued and the
maximum rate of interest the bonds are to bear. The ordinance or order
shall further provide that the proposed land, building or buildings and
appurtenances which are to be acquired, are to be acquired or built
pursuant to the provisions of sections 49.520 to 49.580. (L. 1961 p. 278
§ 2, A.L. 1975 H.B. 510)
All bonds under the provisions of sections 49.520 to 49.580 may
be issued bearing interest at a rate not exceeding six percent per annum,
payable semiannually, and shall be executed in such manner and be payable
at such time, not exceeding forty years from the date thereof, and at
such places as the governing body of the county may require. (L. 1961 p.
278 § 3, A.L. 1975 H.B. 510)
1. Any bonds shall have all of the qualities of negotiable
instruments under the law, and shall not be subject to taxation in any
manner. In case any of the officers whose signatures or countersignatures
appear on the bonds or coupons shall cease to be such officers before
delivery of the bonds, the signatures or countersignatures shall
nevertheless be valid and sufficient, for all purposes, the same as if
they had remained in office until the delivery.
2. The bonds shall be sold in the manner and upon such terms as the
governing body of the county deems for the best interest of the county,
at public sale, to the highest and best bidder, upon sealed bid, after
publication of notice of the public sale at least three times in a
newspaper of general circulation in the county, the last insertion of the
notice to be at least ten days before the last day for filing and public
opening of the sealed bids.
3. The bonds, when issued, shall be payable from the revenue derived from
the buildings as provided in section 49.560. It shall be plainly stated
on the face of each bond that the same has been issued under the
provisions of sections 49.520 to 49.580 and that it does not constitute
an indebtedness of the county, or the state of Missouri, within the
meaning of any constitutional provisions or limitations. (L. 1961 p. 278
§ 4, A.L. 1975 H.B. 510)
No county by the issuance and sale of the bonds shall obligate
itself to pay any rent or charges for the use and occupancy for a period
in excess of one year. Nor shall it obligate itself to exercise its power
to levy taxes to produce the required rents for the use of the buildings
for a period in excess of one year nor shall the obligation to pay rent
in any year when added to all other obligations for necessary
governmental functions of the county, cause the county to exceed the
anticipated income provided by the county for the year's operation. The
sole and only obligation of the county shall be that so long as it elects
to use and occupy the building it will make the payments provided for
herein. The county shall, however, have an exclusive option to continue
to use and occupy the building so long as it shall make the payments
herein provided for. (L. 1961 p. 278 § 5)
All moneys derived from any bonds issued pursuant to the
provisions of sections 49.520 to 49.580 shall be applied solely to the
purchase or erection of the land, buildings and necessary appurtenances
thereto, provided that the moneys may be used to advance the payment of
the interest on bonds during the first three years following date of
issuance of the bonds. (L. 1961 p. 278 § 6)
There shall be and there is hereby created a statutory mortgage
lien upon the buildings, land and appurtenances acquired or constructed
under the provisions of sections 49.520 to 49.580 in favor of the holders
and owners of the bonds. The buildings and land so acquired or
constructed and the appurtenances thereto shall remain subject to the
statutory lien until payment in full of the principal and the interest
contracted to be paid and according to the tenor thereof. Any holder of
the bonds or of any of the coupons may, either at law or in equity,
protect and enforce the statutory mortgage lien hereby conferred, and may
by suit, action, mandamus or other proceedings, enforce and compel
performance of all duties set forth herein, including the making and
collecting of sufficient charges for the use of the buildings, the
segregation of the income and revenue, and the application thereof to
satisfy the obligations. (L. 1961 p. 278 § 7)
If there is any default in the payment of the principal or
interest of any of the bonds, any court having jurisdiction of any action
brought by any bond or couponholder may appoint a receiver to administer
the buildings on behalf of the bondholders, with power to charge and
collect rents or obligations outstanding against the buildings and for
the payment of operating expenses, and to apply the income and revenues
so derived in conformity with the provisions set forth in sections 49.520
to 49.580 and the orders hereinafter referred to. (L. 1961 p. 278 § 8)
1. At or before the issuance of the bonds the governing body of
the county shall, by ordinance or order, agree to set aside and pledge
the income and revenue of the buildings and land into a separate and
special fund to be used and applied only in payment of the bonds and
interest and in the maintenance thereof, including therein a sufficient
sum to pay the cost of insuring the buildings in favor of the county and
each and every bondholder, as his interest may appear, against loss or
damage by fire and windstorm or other calamity in such sum as may be
acceptable to the purchasers of the bonds and as may adequately protect
the property.
2. The ordinance or order shall fix the total amounts of the rents, fees,
and other charges to be imposed for the use and occupation of the
buildings or services to be thereby furnished in a sum sufficient to meet
the obligations of the bonds and interest as set forth in subsection 1,
and shall also provide that the sum shall be paid into the separate fund
monthly, from the current funds of the county. The rents, fees, and other
charges for the services from the buildings shall be fixed in an amount
sufficient to provide for the payment of interest upon all bonds, and to
create a sinking fund to pay the principal thereof when the same becomes
due and to provide for the operation and maintenance thereof, including
insurance. The rents, fees and other charges shall be revised by
ordinance or order from time to time so as to produce these amounts as
may be required. (L. 1961 p. 278 § 9, A.L. 1975 H.B. 510)
If any surplus is accumulated in the separate and special fund
during any year, the excess may be transferred by the governing body of
the county to the sinking fund or applied to the requirements for the
fund for the next succeeding year. (L. 1961 p. 278 § 10, A.L. 1975 H.B.
510)
If the governing body of the county should find that the bonds
authorized will be insufficient to supply the funds necessary to complete
the project authorized, additional bonds may be authorized and issued
subject to the procedure as described and required in sections 49.520 to
49.580. After the issuance and sale of the bonds, if the governing body
of the county deems it to be to the best interest of the county,
refunding bonds may be issued for the purpose of providing funds for the
payment of any outstanding bonds, in accordance with the procedure in
sections 49.520 to 49.580. The new bonds shall be secured to the same
extent, in the same manner and shall have the same source of payment as
the bonds which have been refunded thereby. (L. 1961 p. 278 § 11, A.L.
1975 H.B. 510)
In acquiring or constructing any building under the provisions of
sections 49.520 to 49.580 the governing body of the county may provide by
ordinance or order any provisions or stipulations for the administration
of the buildings and the income to be derived therefrom, for the security
of the bondholders, as the governing body of the county deems necessary.
The bonds shall be obligations only of the county, payable solely from
the revenues of the buildings, as provided in sections 49.520 to 49.580,
and in no event shall they be considered a debt for which the full faith
and credit or taxing power of the county is pledged. Any ordinance passed
or order issued under sections 49.520 to 49.580 shall constitute a
contract between the county and the holder of any bond, which contract
may be enforced in the manner and form as herein provided. (L. 1961 p.
278 § 12, A.L. 1975 H.B. 510)
Sections 49.520 to 49.580 are deemed to create an additional and
alternate method for the acquisition of buildings to be used by first
class counties and shall not be deemed to include, alter, amend, or
repeal any other statute. No proceedings shall be required for the
acquisition of any buildings hereunder, or the issuance of bonds
hereunder except as prescribed by sections 49.520 to 49.580, any
provision of the general laws of the state of Missouri to the contrary
notwithstanding. (L. 1961 p. 278 § 13, A.L. 1975 H.B. 510)
1. The county commission, in all counties which have not adopted
county planning and zoning, may, as provided by law, adopt or rescind by
order or ordinance regulations to require compliance with Federal
Emergency Management Agency standards, necessary to comply with the
national flood insurance program, in any flood hazard area designated by
the Federal Emergency Management Agency; provided, however, that no
ordinance or order enacted pursuant to this section in any county shall
be effective unless the county commission or governing body of the county
submits to the voters of a county, at a county or state general, primary
or special election, a proposal to authorize the county commission or
governing body of the county to adopt such an order or ordinance.
2. The ballot of submission shall contain but need not be limited to the
following language:
Shall the county of ......................... enact an order or ordinance
for such regulations as required for compliance with Federal Emergency
Management standards, necessary to comply with the national flood
insurance program, in any flood hazard area designated by the Federal
Emergency Management Agency?
[ ] Yes [ ] No If you are in favor of the question, place an "X" in the
box opposite "Yes". If you are opposed to the question, place an "X" in
the box opposite "No".
If a majority of the votes cast on the proposal by the qualified voters
voting thereon are in favor of the proposal, then the ordinance or order
and any amendments thereto shall be in effect. If a majority of the votes
cast by the qualified voters voting are opposed to the proposal, then the
governing body of the county shall have no power to adopt such an order
or ordinance. The people of a county covered by sections 49.600 to 49.615
may rescind the order or ordinance regulations by presenting an
initiative petition to the county commission of the county, with a
minimum of five percent of the registered voters' signatures that voted
in the last gubernatorial election. After receiving the qualifying
initiative petition the county commission shall place on the ballot at
the next general election the following:
Shall national flood insurance programs be adopted in
........................ County?
[ ] Yes [ ] No
If a majority of those voting vote for adopting the national flood
insurance program, the program shall be continued; if a majority of those
voting vote against adopting the national flood insurance program, the
program shall be discontinued within thirty days after certification of
the election results.
3. The provisions of this section shall not apply to the incorporated
portions of the counties, or to the raising of livestock, crops, orchards
or forestry, nor to seasonal or temporary impoundments used for rice
farming or flood irrigation. As used in this section, the term "rice
farming or flood irrigation" means small berms of no more than eighteen
inches high that are placed around a field to hold water for use for
growing rice or for flood irrigation. Nor shall this section apply to the
erection, maintenance, repair, alteration or extension of farm buildings
or farm structures used for such purposes in an area not within the area
shown on the flood hazard area map. Nor shall this section apply to
underground mining where entrance is through an existing shaft or shafts
or through a shaft or shafts in an area not within the area shown on the
flood hazard area map.
4. Levee districts organized pursuant to chapter 245, RSMo, and drainage
districts organized pursuant to chapters 242 and 243, RSMo, are subject
to flood plain management regulations adopted by a county pursuant to
this chapter.
5. Nothing contained in sections 49.600 to 49.615 shall affect the
existence or validity of an ordinance which a county has adopted prior to
March 4, 1991. (L. 1980 S.B. 746 § 1, A.L. 1983 H.B. 34, A.L. 1983 S.B.
219, A.L. 1991 H.B. 72)
Effective 3-4-91
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