Missouri Statute | Act | Code |County, Township And Political Subdivision Government| US Code - US Statute

1. The office of "County Highway Administrator" is hereby created
in all counties of the first class not having a charter form of
government. The county highway administrator shall be appointed by the
county commission, and he shall serve at the pleasure of the county
commission and until his successor is appointed and qualified.

2. The county highway administrator is the chief officer of the county in
all matters pertaining to highways, roads, bridges, culverts and surveys,
and he is responsible for all operations of the county highway
department. (L. 1973 H.B. 715)

The county commission shall fix the compensation of the county
highway administrator, which shall be paid from county funds, and this
compensation shall be the total compensation for all services rendered by
the county highway administrator in the performance of his official
duties. The county commission shall also provide the county highway
administrator with an office at the county seat, and all necessary
equipment and supplies. (L. 1973 H.B. 715)

Before entering upon the duties of his office, the county highway
administrator shall execute and deliver to the county commission for
approval a surety bond in such sum as is fixed by the county commission.
The condition of the bond shall be that the county highway administrator
will faithfully perform and discharge the duties of his office, and that
he will keep and carefully preserve all books, records, surveys, plats,
plans and other papers pertaining to his office, required by law to be
kept by the highway administrator or the county surveyor, and that he
will account for and deliver the same, together with all tools,
machinery, material and equipment to which he has come into possession by
reason of his office, to his successor in office. When the surety bond is
approved, it shall, with the approval endorsed thereon, be recorded at
the expense of the highway administrator in the office of the recorder of
deeds of the county. The cost of the bond shall be paid by the county.
(L. 1973 H.B. 715)

1. The county highway administrator may employ such technical and
professional help and assistants as are necessary for the successful
performance of the duties of his office, and may set their compensation
within the allocations made for that purpose by the county commission.

2. Payments to other help necessary in the construction, reconstruction,
maintenance and repairs of public highways, roads, bridges, and culverts,
or necessary in executing surveys, may be either on a monthly or daily
basis. (L. 1973 H.B. 715)

The highway administrator shall directly supervise the
construction, maintenance, repair and reconstruction of all public
highways, roads, bridges and culverts in the county. The expenditure of
all county road and bridge funds, special or otherwise, shall be approved
by the county commission. The county commission shall not order a road
established, changed or vacated until its proposed establishment, change
or vacation has been examined and approved by the highway administrator
in a written report filed with the county commission; except that if the
highway administrator does not file a written report on such proposal
within thirty days after being notified thereof by the county commission,
the commission may proceed to make any orders respecting such proposal
without such report. (L. 1973 H.B. 715)

The highway administrator shall personally, or by deputy,
regularly inspect the condition of all public highways, roads, bridges
and culverts in the county, and in pursuance of orders of the county
commission or upon the written complaint of three or more registered
voters in the county directed to the highway administrator of a condition
of disrepair of any road or highway or of a dangerous or unsafe condition
of any highway, road, bridge or culvert in the county, or of the neglect
of a contractor performing work of any character on any public highways,
roads, bridges and culverts, the highway administrator shall investigate
the complaint at once and report to the county commission and shall make
such adjustment, repair or corrections as are necessary; and he shall
make a written record or report of the final disposition of such
complaint to the county commission. (L. 1973 H.B. 715, A.L. 1990 H.B.
1070)

The highway administrator shall report his full name and address
to the office of the secretary of the state highways and transportation
commission at Jefferson City within ten days after he is qualified for
such office. He shall also make an annual report during the month of
January in each year, when requested so to do, upon blanks furnished by
the state highways and transportation commission, to the commission, and
shall file a copy of such report with the county commission. Such report
shall show the general condition of all established public highways,
roads, bridges and culverts in the county, together with a general
description of all improvements and construction made during the previous
year. (L. 1973 H.B. 715)

The highway administrator shall make a yearly report to the
county commission during the month of January, for the preceding year, in
which he shall include a detailed statement of the conditions of
established public highways, roads, bridges and culverts and the amount
of money expended for construction, maintenance and repair of such
highways, roads, bridges and culverts during the preceding year. He shall
estimate balances, revenue and receipts creditable to any county road and
bridge fund, special or otherwise, and shall submit for approval by the
commission a plan for construction, reconstruction, maintenance and
repair of existing established public highways, roads, bridges and
culverts proposed to be undertaken and completed during the current year.
The highway administrator shall file such other reports from time to time
as he deems necessary or as requested by the county commission. (L. 1973
H.B. 715)

1. If the county highway administrator is duly registered and
licensed as a land surveyor under the provisions of chapter 327, RSMo, he
shall perform any duties required by law to be performed by a county
surveyor.

2. If the county highway administrator is not registered and licensed as
a land surveyor, he may appoint a person or persons who are so registered
and licensed to perform any duties required by law to be performed by a
county surveyor. (L. 1973 H.B. 715)

1. The highway administrator shall execute or cause to be
executed all orders directed to him by the courts of record of his county
for the surveying or resurveying of any lot or tract of land, the title
to which is in dispute before such court, and all orders of survey for
the partition of real estate in such county. He shall keep a copy of all
plats of surveys made or caused to be made by him in a book maintained
for that purpose in which such surveys shall be numbered, and which shall
contain an index. He shall also file a copy of any official survey made
or caused to be made by him in the office of the recorder of deeds of
such county.

2. The highway administrator shall also keep and carefully preserve all
books, records, surveys, plats, plans and other papers pertaining to his
office, and which are required by law to be kept by the county highway
administrator or the county surveyor, in the office provided him by the
county for that purpose, and he shall account for and deliver the same,
together with all tools, machinery, material and equipment to which he
has come into possession by reason of his office, to his successor in
office. (L. 1973 H.B. 715)

Neither the county highway administrator, nor any other officer
or employee of the county or state, or of any road district, shall be
pecuniarily interested in any sale, bid or contract for the purchase of
any machinery, materials or equipment, or for the building, improvement,
repair or maintenance of any highway, road, bridge or culvert in the
county. Any person who willfully violates the provisions of this section
is guilty of a misdemeanor and upon conviction thereof shall be punished
by a fine of not less than five hundred dollars or by removal from
office, or both. (L. 1973 H.B. 715)

The highway administrator may charge such fees as may be agreed
upon by him and the party requesting, or for whose benefit, such work is
to be done, for doing, performing or furnishing any field or survey work
as herein provided. No highway administrator or appointee of the highway
administrator shall execute a survey ordered by any person, court, firm
or corporation until the agreed price has been tendered in payment
therefor. The highway administrator or his appointee shall not retain any
fees, but all fees of whatever nature whatsoever collected by the highway
administrator or his appointee shall be turned into the county treasury
at least annually and before the end of the county fiscal year; except
that if the registered and licensed surveyor appointed to perform the
survey pursuant to the provisions of section 61.101 is not on the staff
of the highway administrator and receiving a salary paid in regular
installments by the county, he may retain the fee charged for performing
the survey. (L. 1973 H.B. 715, A.L. 1977 S.B. 385)

1. The county highway administrator shall have a seal of office,
which shall be inscribed with the name of the highway administrator, his
title, and the name of the county in which he has been appointed, with
the word "Missouri" following. Such seal shall not exceed in dimensions a
diameter of one and three-fourths inches, and it shall be used when
certifying official surveys and copies thereof.

2. Notwithstanding the provisions of section 60.150, RSMo, any survey or
resurvey made by the county highway administrator, or by any person
appointed by him, to which is affixed the seal of office of the county
highway administrator, shall be legal evidence in any court in this
state, if such survey or resurvey is made in the performance of the
official duties of the county highway administrator. (L. 1973 H.B. 715)

The office of highway engineer is abolished in all counties of
the first class not having a charter form of government. In all counties
having a county highway administrator rather than a county highway
engineer, the county highway administrator shall perform or cause to be
performed all duties required by law of a county highway engineer, except
as otherwise provided in sections 61.011 to 61.156. Any reference in the
revised statutes of Missouri to a highway engineer of a county of the
first class shall after September 28, 1973, and insofar as consistent
with the provisions of sections 61.011 to 61.156 refer to the county
highway administrator in counties of the first class not having a charter
form of government. (L. 1973 H.B. 715)

The county commissions of each county in this state in classes
two, three and four are hereby authorized and empowered to appoint and
reappoint a highway engineer within and for their respective counties at
any regular meeting, for such length of time as may be deemed advisable
in the judgment of the commission. The provisions of sections 61.160 to
61.310 shall apply only to counties of classes two, three and four. (RSMo
1939 § 8655, A.L. 1945 p. 1493, A.L. 1953 p. 385)

Prior revisions: 1929 § 8006; 1919 § 10782; 1909 § 10551

In all counties of the second and third class, having a
population of fifty thousand or more and an assessed valuation of seventy
million dollars or more, the county highway engineer shall be a resident
of the state of Missouri, skilled and experienced in general road, bridge
and culvert work, and authorized to practice engineering under the laws
of this state providing for and requiring the registration of
professional engineers. He shall be active and diligent in the discharge
of his duties and personally attend to them. (L. 1963 p. 115 § 61.173,
A.L. 1965 p. 95)

In all counties of the third and fourth class, having a
population of less than fifty thousand or an assessed valuation of less
than seventy million dollars, the county highway engineer shall be a
resident of the state of Missouri, and shall be skilled in the laying of
drains, in bridge, culvert and road building and general road work, and
he shall have a practical knowledge of civil engineering, and he shall be
active and diligent in the discharge of his duties. (RSMo 1939 § 8658,
A.L. 1963 p. 115)

Prior revisions: 1929 § 8009; 1919 § 10785; 1909 § 10554

Before entering upon the performance of his duties, the county
highway engineer and his assistants shall each execute and deliver to the
county commission a bond in such sum as may be fixed by the commission,
with two or more sufficient securities, or the bond of a surety company
authorized to do business in this state, to be approved by the
commission, conditioned for the faithful discharge of his duties as such
highway engineer; and that he will account for and deliver to his
successor in office, at the expiration of his term of office, all tools,
machinery, books, papers and other property belonging to the county and
road districts thereof. (RSMo 1939 § 8656)

Prior revisions: 1929 § 8007; 1919 § 10783; 1909 § 10552

In all counties of the second, third and fourth class, the county
highway engineer shall receive an annual salary, to be fixed by the
county commission. (RSMo 1939 § 13487, A. 1949 H.B. 2018, A.L. 1953 p.
385, A.L. 1957 p. 320, A.L. 1959 S.B. 71, A.L. 1963 p. 116, A.L. 1965 p.
175, A.L. 1972 H.B. 1070, A.L. 1982 S.B. 478, A.L. 1989 H.B. 612)

Prior revisions: 1929 § 11855; 1919 § 11063

Effective 6-19-89

(1983) Statutes which purport to delegate to county commissions the
authority to award additional compensation for certain county officers
violate state constitutional provisions requiring that the compensation
for county officers be uniform in each class of counties. Baumli v.
Howard County (Mo. Ban), 660 S.W.2d 702

The county commission may, in their discretion, appoint the
county surveyor of their respective counties to the office of county
highway engineer, provided he be thoroughly qualified and competent, as
required by sections 61.160 to 61.310; and when so appointed, he shall
receive the compensation fixed by the county commission, and such fees as
are allowed by law for his services as county surveyor; provided, the
county surveyor may refuse to act or serve as such county highway
engineer, unless otherwise provided by law. In the event that the county
highway engineer cannot properly perform all the duties of his office, he
shall, with the approval of the county commission, appoint one or more
assistants, who shall receive such compensation as may be fixed by the
county commission. (RSMo 1939 § 8660, A.L. 1945 p. 1493)

Prior revisions: 1929 § 8011; 1919 § 10787; 1909 § 10556

The county highway engineer shall be custodian of all tools,
material and machinery belonging to the road districts and to the county,
except as may be otherwise provided by law. When delivering to any road
overseer the tools and machinery belonging to the district, he shall
require from the overseer an inventory and receipt for all such tools and
machinery, and the overseer shall be responsible for the proper care and
handling of said tools and machinery, and shall see that they are
properly kept when not in use, and shall account for the same to the
county highway engineer. (RSMo 1939 § 8661)

Prior revisions: 1929 § 8012; 1919 § 10788; 1909 § 10557

The county highway engineer shall have direct supervision over
all public roads of the county, and over the road overseers and of the
expenditure of all county and district funds made by the road overseers
of the county. He shall also supervise the construction and maintenance
of all roads, culverts and bridges. No county commission shall issue
warrants in payment for road work or for other expenditure by road
overseers, or in payment for work done under contract, until the claim
therefor has been examined and approved by the county highway engineer.
(RSMo 1939 § 8662, A.L. 1957 p. 322)

Prior revisions: 1929 § 8013; 1919 § 10789; 1909 § 10558

CROSS REFERENCE: Road changes or establishment, approval of highway
engineer, RSMo 228.070

The county highway engineer shall, personally or by deputy,
inspect the roads, culverts and bridges of every district in the county
as often as practicable, and upon written complaint of three registered
voters in any district of the bad or dangerous condition of the roads,
bridges or culverts of the district, or of the neglect of duty by any
road overseer of the district, or of neglect of any contractor on roads
let by contract, the county highway engineer at once shall visit the road
and investigate the complaint, and if found necessary at once shall
direct the overseer of the district to place the road in good condition.
(L. 1913 p. 699 § 1, RSMo 1939 § 8663, A.L. 1959 S.B. 71, A.L. 1990 H.B.
1070)

In counties which contain ninety thousand inhabitants and less
than one hundred and fifty thousand inhabitants the county highway
engineer shall state in his order to the overseer the time within which
the road shall be placed in good condition as required by section 61.240.
The engineer shall cause the weeds and brush in the highways in his
county to be cut once each year and he shall direct in writing to the
overseer what roads and portions of roads shall be cut and state therein
when they shall be cut. All weeds and brush shall be cut between the
first day of June and the fifteenth day of July of each year. (L. 1913 p.
699 § 1, A.L. 1959 S.B. 71)

All overseers shall follow the plans and instructions of the
county highway engineer in all matters concerning the expenditure of the
funds and improving the roads, and should any road overseer fail or
refuse, without sufficient cause, to follow the plans and instructions of
the county highway engineer, the county highway engineer may suspend such
overseer, and shall at once report the matter to the county commission,
and said commission, upon hearing, may remove such overseer from office.
(RSMo 1939 § 8666)

Prior revisions: 1929 § 8017; 1919 § 10793; 1909 § 10562

It shall be the duty of the county highway engineer to call a
meeting at the county seat each year of all road overseers of the county,
for consultation and conference touching the conditions and needs of the
roads and bridges of the county and methods of improving same. Such
meeting shall be held at a time designated by the highway engineer,
between the first and fifteenth day of March. At such meeting of road
overseers the county highway engineer shall instruct the overseers in the
best and most economical plans for the working and improving roads,
collecting and expending the district road funds, and, if practicable,
adopt a uniform system of road work for the county. Any overseer failing
to attend any such annual meeting without reasonable excuse shall, upon
complaint of the county highway engineer, be removed from office by the
county commission or by the township board, as the case may be. (RSMo
1939 § 8665)

Prior revisions: 1929 § 8016; 1919 § 10792; 1909 § 10561

The county highway engineer shall, at each regular term of the
county commission, and at such other times as required by the commission,
file a detailed statement of the condition of the roads, and the amount
of money available for each district, with his recommendation as to what
action should be taken by the commission for the repair or improvement of
the roads. The county highway engineer shall report his full name and
address to the office of the state highway engineer within ten days after
qualifying. He shall make a yearly report during the month of January for
the preceding year, upon blanks furnished him, to the state highway
engineer of the available information in connection with the road,
culvert and bridge work in his respective county. Upon a written request
of the state highway engineer, the county highway engineer shall furnish
him with a copy of the road map of his county, if there be such a map,
for which he shall be reasonably compensated by the state transportation
department. (RSMo 1939 § 8664)

Prior revisions: 1929 § 8015; 1919 § 10791; 1909 § 10560

The county highway engineer shall, on or before the first day of
January in each year, file with the county commission a report, in
writing, showing the general condition of the roads and bridges of the
county, including all improvements, if any, made during the past year,
together with his recommendations as to what improvements should be made
during the coming year, and what part of same, if any, should be let
under contract, as provided by law. At the same time said highway
engineer shall file with the county commission a map or plat showing the
township and road district lines, together with his recommendations as to
the number, size and boundaries of road districts, and needed changes in
same, and he shall give the county commission such further aid and
assistance as it may require with reference to the laying out of road
districts or changing the number or boundaries thereof. (RSMo 1939 § 8667)

Prior revisions: 1929 § 8018; 1919 § 10794; 1909 § 10563

If any county highway engineer shall fail, refuse or neglect to
visit and inspect, in person or by deputy, the roads, bridges and
culverts in each road district in the county, at frequent and regular
intervals, or shall fail, refuse or neglect to advise with, assist and
direct the road overseers of his county in the performance of their
duties, or if he shall fail, refuse or neglect to perform any of the
duties imposed upon him by law, or if he be found incompetent or in any
manner unfitted for such office, he may be removed from office by the
county commission, and it shall be the duty of the county commission to
remove such county highway engineer forthwith and to appoint a successor
in his stead. (RSMo 1939 § 8658)

Prior revisions: 1929 § 8009; 1919 § 10785; 1909 § 10554

No county highway engineer, county surveyor or deputy county
highway engineer, or deputy county surveyor or road overseer shall be the
sales agent, for compensation in the sale to, or purchase by, the state,
county or road districts of road tools, culvert or bridge material or
machinery, or be pecuniarily interested in any contract for the building
of any bridge or culvert or for the improvement of any public road to
which the county or any road district is a party. (RSMo 1939 § 8671)

Prior revisions: 1929 § 8022; 1919 § 10798; 1909 § 10574

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