 |
 |
| Additional Executive Departments | | Agriculture And Animals | | Alcoholic Beverages | | Business And Financial Institutions | | Cities, Towns And Villages | | Civil Procedure And Limitations | | Codes And Standards | | Conduct Of Public Business | | Conservation, Resources And Development | | Contracts And Contractual Relations | | Corporations, Associations And Partnerships | | Correctional And Penal Institutions | | County, Township And Political Subdivision Government | | Courts | | Crimes And Punishment; Peace Officers And Public Defenders | | Criminal Procedure | | Debtor-creditor Relations | | Domestic Relations | | Education And Libraries | | Evidence And Legal Advertisements | | Executive Branch | | Incorporation And Regulation Of Certain Utilities And Carriers | | Juries | | Labor And Industrial Relations | | Lands, Levees, Drainage, Sewers And Public Water Supply | | Laws And Statutes | | Legislative Branch | | Military Affairs And Police | | Motor Vehicles, Watercraft And Aviation | | Occupations And Professions | | Ownership And Conveyance Of Property | | Public Health And Welfare | | Public Officers And Employees, Bonds And Records | | Public Safety And Morals | | Roads And Waterways | | Sovereignty, Jurisdiction And Emblems | | Statutory Actions And Torts | | Suffrage And Elections | | Taxation And Revenue | | Trade And Commerce | | Trusts And Estates Of Decedents And Persons Under Disability |
|
|
|
|
| search a lawyer |
|
|
| ACTS, STATUTES |
|
|
|
|
|
|
|
|
|
|
|
|
| Home > Statutes > Usa Missouri |
|
USA Statutes : missouri
Title : ROADS AND WATERWAYS
Chapter : Chapter 230 County Highway Commissions
|
|
1. There is hereby created and established in the several
counties of this state a "County Highway Commission" to be composed of
four members who shall possess the qualifications, and be appointed in
the manner and for the term in this chapter provided.
2. Members of the county highway commission shall serve without
compensation but each of them shall receive his actual and necessary
expenses and a mileage allowance of five cents per mile actually and
necessarily traveled at his own expense in the performance of his duties.
(RSMo 1939 § 8502, A.L. 1953 p. 674)
Prior revision: 1929 § 7856
Within sixty days after the taking effect of this chapter, it
shall be the duty of the county commission in all counties of this state,
except as otherwise in this chapter provided, to appoint four members of
the county highway commission, one for a term of one year; one for a term
of two years; one for a term of three years; and one for a term of four
years. Upon expiration of the term of each of said county highway
commissioners his successor shall be appointed for a term of four years,
and every such county highway commissioner shall hold office for the term
appointed and thereafter until his successor is appointed and qualified.
Not more than two of said county highway commissioners shall be appointed
from the same county commission district, and not more than two thereof
shall be affiliated with the same political party. No person shall be
eligible to appointment as a member of the county highway commission who
shall not have attained the age of twenty-five years, and who at time of
his appointment is not a bona fide resident of county wherein appointed,
and possessed of a knowledge of the interest of said county, and a known
supporter and advocate of a system of county highways, constructed and
maintained with a view to affording the greatest convenience to the
greatest number of inhabitants of the county in the matter of
farm-to-market roads. Within ten days after their appointment the members
of such county highway commission shall meet at the county seats and
organize by the election of one of their number as president, and another
as secretary, of said commission. (RSMo 1939 § 8503)
Prior revision: 1929 § 7857
It shall be the duty of the county highway commission and said
commission shall have the power to locate, lay out, designate, construct
and maintain, subject to approval of the state highways and
transportation commission, a system of county highways not exceeding in
the aggregate at any given time one hundred miles in any county, by
connecting by the most practical route the several centers of population
in the county, in such manner as to afford a connection with such of said
centers of population as are not now located on any state highway with
such state highway, and so as to afford, as nearly as may be done, a
connection with county highways connecting the centers of population of
adjoining counties, to the end that all parts of the county shall be
connected with the state highway system as now laid out and designated,
and that the inhabitants of the county generally shall have and enjoy a
system of highly improved farm-to-market roads. If any part of this
county one hundred mile highway system has been, or shall hereafter be
taken over by the state highways and transportation commission and become
a state highway, then an equal amount of new mileage, to take the place
thereof, may be placed in the county one hundred mile system. (RSMo 1939
§ 8504, A.L. 1945 p. 1470)
Prior revision: 1929 § 7858
(1951) County highway commission had such jurisdiction over road in
special road district in county as to enable it to agree with state
highway commission to include same in state supplementary system where
road was part of 100-mile system. State ex rel. State Highway Com. v.
Shultz (A.), 243 S.W.2d 808.
Before construction of any county highway located, laid out, and
designated as in this chapter authorized and provided, or any money, in
excess of the cost of such location and designation shall be expended
thereon, it shall be the duty of county highway commission to submit such
location to the state highways and transportation commission for its
approval, and, upon approval of such location by the state highways and
transportation commission, the county highway commission shall proceed to
procure the right-of-way for said county highways, said right-of-way to
be of the standard width required by the state highways and
transportation commission for secondary highways, not less, however, than
sixty feet wide, and secure title in fee to such right-of-way by deed of
conveyance, or by judgment of a court of competent jurisdiction through
condemnation. In all cases where condemnation is necessary, the
proceedings shall be in the name of the county highway commission, and
otherwise the same as now, or hereafter, provided by law for condemnation
of land by the state highways and transportation commission for
right-of-way for state highways. (RSMo 1939 § 8505)
Prior revision: 1929 § 7859
All county highways constructed under the provisions of this
chapter shall be of such type, and upon such grade as to permit of the
improvement and building up of such highways from time to time as funds
are available to a type equivalent to the secondary highways of state
highway system, and of such type as to permit of ultimate hardsurfacing
in the manner, and in accordance with the specifications of the state
highway or chief engineer of state transportation department for
hardsurfacing of primary roads of the state highway system. (RSMo 1939 §
8506)
Prior revision: 1929 § 7860
Whenever any county highway laid out and designated under the
provisions of this chapter shall be over and along the route of any
existing highway, it shall be the duty of the county commission, or other
board or commission, having jurisdiction over such highway, to convey the
same to the county highway commission, who shall thereafter have control
and supervision thereover, and whenever any such county highway shall be
laid out and designated through any special road district, or in counties
under township organization, it shall be the duty of the commissioner of
such special road district, or of the treasurer of such township, to pay
over to the county highway commission, such proportion of the total road
revenue arising therein as the mileage of said county highway within said
special road district, or township, shall bear to the total number of
road mileage therein. (RSMo 1939 § 8507)
Prior revision: 1929 § 7861
The county highway commission shall have absolute jurisdiction
and control over all highways constituting a part of the county highway
system, and shall hold title in fee to the right-of-way thereof, and no
other officer, board or commission, except as in this chapter
specifically provided, shall have or exercise any authority or
jurisdiction over any of such highways. The roads constituting the county
highway system shall be known and designated as "county highway". (RSMo
1939 § 8508)
Prior revision: 1929 § 7862
The county highway commission is hereby authorized and empowered
to receive, and expend, in the construction and maintenance of county
highways, any money or property that may be appropriated or donated by
any municipal corporation, special road district, township, or private
individual, and to use and employ whatever means, methods, or power, that
may be necessary in the construction and maintenance of said county
highways, including the power to build culverts and bridges, for which
purposes the county highway commission is hereby empowered to employ such
technical and other help as may be deemed necessary for the
administration and enforcement of this chapter. (RSMo 1939 § 8509)
Prior revision: 1929 § 7863
The county may make such additional contributions to said county
highway commission as said county commission in its judgment may seem
necessary. (RSMo 1939 § 8510)
Prior revision: 1929 § 7864
It shall be the duty of the county highway commission annually
to make a complete detailed report to county commission by whom
appointed, and to the state highways and transportation commission,
showing in detail the amount of money received, and how applied, and if
any such county highway commission fails to make the report herein
required, the members thereof shall thereby forfeit their office as such
commission. (RSMo 1939 § 8511)
Prior revision: 1929 § 7865
If, and when, the state highways and transportation commission
is authorized by law so to do, and may so desire it may take over all or
any part of the highways of the county highway system and make refund
therefor in such manner as may now or hereafter be provided by law for
making refund to the several counties of this state, and road districts
thereof, for highways heretofore designated and taken over by said state
transportation department, whereupon it shall be the duty of the county
highway commission, by proper deed of conveyance, to transfer to state
transportation department that part of county highway system so taken
over. (RSMo 1939 § 8512)
Prior revision: 1929 § 7866
There is hereby provided an alternative county highway
commission which may be adopted by any county of the third or fourth
class in this state, except counties of the third class containing all or
a part of a city having a population of three hundred fifty thousand or
more, in lieu of the county highway commission established by sections
230.020 to 230.110. (L. 1971 H.B. 105 § 1)
1. The alternative county highway commission provided by
sections 230.200 to 230.260 shall not become operative in any county
unless adopted by a vote of the majority of the voters of the county
voting upon the question at an election. All counties of this state which
have adopted the alternative county highway commission may abolish it and
return to the county highway commission provided for by sections 230.010
to 230.110 by submitting the question to a vote of the voters of the
county in the manner provided by law.
2. Any county which does not adopt the alternative county highway
commission provided by sections 230.200 to 230.260, or any county in
which a majority of the voters of the county voting upon the question
reject the alternative county highway commission provided by sections
230.200 to 230.260 shall retain the county highway commission provided by
sections 230.010 to 230.110. (L. 1971 H.B. 105 § 2, A.L. 1978 H.B. 971)
1. Upon petition filed in the office of the clerk of the county
commission, of voters equal to five percent of the vote cast for governor
in the last preceding general election, requesting the adoption of the
alternative county highway commission provided by sections 230.200 to
230.260, the county commission shall, by order of record, submit the
question of the adoption of the alternative county highway commission to
a vote of the voters of the county at the next general election.
2. The question shall be submitted in substantially the following form:
Shall the alternative county highway commission be adopted in ......
County?
3. If a majority of the voters voting upon the question vote for its
adoption, the alternative county highway commission shall be declared
adopted. If a majority of the voters voting upon the question vote
against the adoption of the alternative county highway commission, the
county in which the election was held shall retain the county highway
commission provided by sections 230.010 to 230.110. (L. 1971 H.B. 105 §
3, A.L. 1978 H.B. 971)
The clerk of the county commission shall record the abstract at
length upon the records of the county commission of the county, and shall
certify the abstract to the secretary of state. (L. 1971 H.B. 105 § 4,
A.L. 1978 H.B. 971)
1. In each county adopting it, the county highway commission
established by sections 230.200 to 230.260 shall be composed of the three
commissioners of the county commission and one person elected from the
unincorporated area of each of the two county commission districts.
Except that the presiding commissioner and one of the associate
commissioners by process of election may reside in the same township, not
more than one member of the county highway commission shall be a resident
of the same township of the county. The county commission shall designate
one county commission district as district A and the other as district B.
The member of the county highway commission first elected from district A
shall serve a term of two years. The member first elected from district B
shall serve a term of four years. Upon the expiration of the term of each
such member, his successors shall be elected for a term of four years.
The commissioners of the county commission shall serve as members of the
county highway commission during their term as county commissioners.
2. The elected members of the county highway commission shall be
nominated at the primary election and elected at the general election
next following the adoption of the proposition for the alternative county
highway commission by the voters of the county. Candidates shall file and
the election shall be conducted in the same manner as for the nomination
and election of candidates for county office. Within thirty days after
the adoption of an alternative county highway commission by the voters of
any county as provided in sections 230.200 to 230.260, the governor shall
appoint a county highway commissioner from each district from which a
member will be elected at the next following general election. The
commissioners so appointed shall hold their office until their successors
are elected at the following general election. Appointments shall be made
by naming one member from each of the two political parties casting the
highest number of votes in the preceding general election.
3. Members of the county highway commission shall receive as compensation
for their services fifteen dollars per day for the first meeting each
month and five dollars for each meeting thereafter during the month. The
members shall also receive a mileage allowance of eight cents per mile
actually and necessarily traveled in the performance of their duties. The
compensation and mileage allowance of the members of the commission shall
be paid out of the road and bridge fund of the county.
4. If a vacancy occurs among the elected members of the county highway
commission, the members of the county highway commission shall select a
successor who shall serve until the next regular election. (L. 1971 H.B.
105 § 5, A.L. 1975 H.B. 244, A.L. 1982 S.B. 526, A.L. 1986 H.B. 1554
Revision)
1. All township road districts in counties adopting sections
230.200 to 230.260 are abolished and all assets and liabilities of each
township road district shall be transferred to the county highway
commission within thirty days of the adoption of sections 230.200 to
230.260 by the county.
2. All special road districts in counties adopting sections 230.200 to
230.260 are abolished and all assets and liabilities of each special road
district shall be transferred to the county highway commission within
thirty days of the adoption of sections 230.200 to 230.260 by the county.
Whenever any district is located in more than one county, the assets and
liabilities of the district shall be transferred to the county adopting
sections 230.200 to 230.260 in the proportion that the assessed valuation
of that part of the district lying in the adopting county bears to the
total assessed value of the district. (L. 1971 H.B. 105 § 6)
In all counties adopting sections 230.200 to 230.260, all powers
and duties heretofore exercised by the county commission, township
boards, and special road district commissioners relating to the
improvement, construction, reconstruction, restoration and maintenance of
roads shall be exercised by the county highway commission. (L. 1971 H.B.
105 § 7)
Every county adopting sections 230.200 to 230.260 shall
formulate a comprehensive road plan establishing a systematic program for
the development and improvement of county roads. The plan shall be
prepared by a qualified civil engineer or engineering firm familiar with
road and highway engineering, and shall be approved by the state highways
and transportation commission. (L. 1971 H.B. 105 § 8)
1. In addition to the comprehensive road plan required by
section 230.235, all counties of the third class adopting sections
230.200 to 230.260 shall employ a qualified graduate civil engineer as
county highway engineer; except that, any person serving as county
highway engineer on the date the county for which he serves adopts the
provisions of sections 230.200 to 230.260 may be retained as county
highway engineer and shall be considered qualified for that position
within the meaning of sections 230.200 to 230.260. The county highway
commission shall appoint the county highway engineer and shall set his
salary to be paid out of the road and bridge fund of the county. The
services of the engineer shall be available in an advisory capacity to
any incorporated municipality within the county at no charge to the
municipality.
2. The county highway engineer shall have general supervision over the
construction, maintenance, repair and reconstruction of all public
highways, roads, bridges and culverts, subject to the approval of the
county highway commission. (L. 1971 H.B. 105 § 9, A.L. 1975 H.B. 244)
1. In establishing the comprehensive road plan required by
sections 230.200 to 230.260, priority in construction, reconstruction,
improvement, restoration and maintenance of roads shall be given in the
following order:
(1) County roads presently used for school bus routes, mail routes and
milk routes;
(2) County roads now used for any two of the purposes named in
subdivision (1) above;
(3) County roads now used for any one of the purposes named in
subdivision (1) above;
(4) County roads which may be used if improved or restored for a school
bus route, mail route, or milk route;
(5) The construction of county roads which may be used for a school bus
route, mail route or milk route;
(6) Any other county road containing a live rural unit, as defined in
subsection 2 of this section, if consideration is given to the number of
live rural units served by the road, and the amount of traffic on the
road.
2. The following terms as used in sections 230.200 to 230.260 mean:
(1) "County roads", all public roads located within the county, except
roads or highways constructed or maintained by the state transportation
department or by the federal government, and except roads, streets, or
highways in incorporated villages, towns, or cities;
(2) "Live rural unit", any church, school, dwelling, or farm. (L. 1971
H.B. 105 § 10)
Any county adopting sections 230.200 to 230.260 may, through
their county highway commission, designate not less than twenty-five
miles nor more than fifty miles of roads within the county which are
connecting roads between present supplementary farm to market state
highways. Upon designation and approval by the state highways and
transportation commission, these roads shall become a part of the
permanent supplementary state highway system. (L. 1971 H.B. 105 § 11)
In all counties adopting sections 230.200 to 230.260, at least
twenty-five percent of the road and bridge tax collected in any
incorporated city, town or village in the county shall be expended within
the city, town or village. (L. 1971 H.B. 105 § 12)
Sections 230.200 to 230.260 shall not apply to any special named
district which is located in two or more counties unless all such
counties shall adopt the alternative county highway commission plan as
herein provided. (L. 1971 H.B. 105 § 13)
|
|
|
|
