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Home > Statutes > Usa Missouri
USA Statutes : missouri
Title : ROADS AND WATERWAYS
Chapter : Chapter 231 Maintenance of Public Roads
The county commissions of all counties, other than those under
township organization, shall, during the month of January, 1918, with the
advice and assistance of the county highway engineer, divide their
counties into road districts, all to be numbered, of suitable and
convenient size, road mileage and taxable property considered. Said
commissions, during the month of January biennially thereafter, have
authority to change the boundaries of any such road district as the best
interest of the public may require. (RSMo 1939 § 8514)

Prior revisions: 1929 § 7868; 1919 § 10661; 1909 § 10464



In all counties of classes two, three and four not adopting an
alternative form of county government, all road overseers shall be
appointed by the county commission of the county during the month of
February. (RSMo 1939 § 8516, A.L. 1945 p. 1478)

Prior revisions: 1929 § 7870; 1919 § 10662; 1909 § 10465



Before entering upon his duties each road overseer shall execute
to the county a bond in such sum as may be fixed by the county
commission, with good and sufficient security to be approved by the
commission, the condition of such bond to be that he will faithfully
discharge his duties as such road overseer, and that he will account for
all sums of money received by him as such overseer, and that he will
account to the county highway engineer, at the expiration of his term of
office, for all tools, machinery, books, papers and other property
belonging to the county or district, and such bond may be sued upon by
the county to the use of the road district or any person injured by a
breach thereof. (RSMo 1939 § 8518)

Prior revisions: 1929 § 7872; 1919 § 10663; 1909 § 10467

CROSS REFERENCE: County officer or road overseer not to be sales agent
for road material or machinery, penalty, RSMo 229.090, 229.200



Five copies of the road laws of this state, properly indexed, in
pamphlet form shall be forwarded to the clerk of each of the counties for
the use of the county commission. Additional copies shall be forwarded
upon application by the commission. (RSMo 1939 § 8592, A.L. 1961 p. 558)

Prior revisions: 1929 § 7943; 1919 § 10730; 1909 § 10548



Each road overseer shall file with the county highway engineer,
or the county clerk in counties that have no highway engineer, between
the first and tenth day of each month, a detailed statement of his
transactions as road overseer during the preceding month, showing the
amounts collected by him and from whom collected, and the amounts
disbursed, and on what account, and what work has been done in his
district, including the amount of his own work, and when and where done,
and for the making of which reports suitable blanks shall be furnished by
the county. (RSMo 1939 § 8519)

Prior revisions: 1929 § 7873; 1919 § 10664; 1909 § 10468



It shall be the duty of every road overseer to make a detailed
report, under oath, to the county commission at each regular term
thereof, and he shall, in February of each year, make to the commission
his final report and settlement, under oath, of all moneys received and
expended by him, from what source received and on what account expended.
(RSMo 1939 § 8521, A.L. 1945 p. 1478)

Prior revisions: 1929 § 7875; 1919 § 10666; 1909 § 10469



It shall be the duty of the road overseer to keep the roads in
his district in as good repair as the funds at his command will permit.
He shall at all times conform to the plans and specifications and
instructions of the county highway engineer for the character of the work
in question. (RSMo 1939 § 8520)

Prior revisions: 1929 § 7874; 1919 § 10665; 1909 § 10470

CROSS REFERENCES: County highway engineer to be custodian of road tools,
RSMo 61.210 County highway engineer to have supervision over highways of
county--reports--hold meetings of road overseers, RSMo 61.220, 61.260,
61.270 Overseers to follow plans of engineer--penalty for failure, RSMo
61.250 Thistles on unoccupied lands to be cut, expenses how paid, RSMo
263.200



The county highway engineer or the overseer of any road
district, with the approval of the engineer, is authorized to contract
with any owner of land adjacent to the line of public roads for the
purpose of opening any ditch or ditches for the drainage of the road, or
to procure any necessary material for road purposes, and to pay a
reasonable compensation therefor. Said contracts shall be in writing,
and, if they relate to the opening of ditches and drains, shall describe
the lands on which said ditches or drains are situated, and the location
of same, and shall be acknowledged by the landowner and filed and
recorded in the office of the recorder of deeds of the county. (RSMo 1939
§ 8523)

Prior revisions: 1929 § 7877; 1919 § 10669



Whenever the construction or operation by any person, firm,
corporation or association of any power, or a hydroelectric project
results in the inundation of roads other than state highways, the county
commission or proper officers of the political subdivision, having
jurisdiction of such roads, are hereby authorized to make settlement
therefor, and all money received therefrom shall be placed to the credit
of the road fund of such county or political subdivision as the case may
be. (RSMo 1939 § 8515)

Prior revision: 1929 § 7869



The county commissions of class two counties shall have the
power and it is hereby made their duty, upon the petition of a majority
of the resident property owners adjoining such road or roads, by order of
record, to set aside a strip of land not less than six feet in width,
along and from each side of every public road or highway of fifty feet or
more in width now or hereafter laid out as a public road, within a
distance of two miles of the corporate limits of any city, for the
purpose of having planted and cared for shade and ornamental trees and
providing for and maintaining footpaths on said strip of land. (RSMo 1939
§ 8574, A.L. 1945 p. 1500)

Prior revisions: 1929 § 7925; 1919 § 10713; 1909 § 10516



Whenever such a strip of land shall have been set aside by the
county commission, and the said road, including said strip of land graded
to the established grade, the said county commission shall have the power
to have footpaths constructed and cause shade trees of uniform variety
and size to be planted thereon, under the supervision of the county
highway engineer; after which it shall be the duty of the road overseer
of the district containing such road or roads to care for and protect the
same out of the road funds of such district; provided, the said county
commission may in its discretion, before appropriating any money for the
construction of such footpaths, or the purchase and planting of the trees
aforesaid, require the property owners owning the property adjoining said
road to deposit such part of the total cost of the same with the county
treasurer as the commission may deem just and proper. (RSMo 1939 § 8575)

Prior revisions: 1929 § 7926; 1919 § 10714; 1909 § 10517



It shall be the duty of the road overseer of the district,
including any of the roads aforesaid, to protect and care for any and all
of the trees so planted under the supervision of the county highway
engineer, and to file information against and prosecute any person or
persons who shall injure or destroy any of such trees. (RSMo 1939 § 8576)

Prior revisions: 1929 § 7927; 1919 § 10715; 1909 § 10518



All road laws of this state shall apply to counties under
township organization, unless by their terms limited to counties not
under township organization, or in conflict with the provisions of this
law. (RSMo 1939 § 8813)

Prior revisions: 1929 § 8149; 1919 § 10911

CROSS REFERENCE: Township special road and bridge tax, levy, collection
and disbursement, RSMo 137.585 to 137.595

(1966) A township has the authority to own equipment and employ workmen
and to use them in maintaining and improving the roads of the township.
Sherman Township, Cass County v. Farr (Mo.), 406 S.W.2d 630.



The township board of directors shall form the township into one
or more road districts. If the boundary line of any road district is
along a public road, then one or the other edge of said road, and not the
center line, shall be the boundary line of such road; and, in the event
the township boards of adjoining townships are unable to agree upon the
boundary lines of roads that are on the boundary lines of townships, then
the county commission, or county commissions, of the particular county,
or counties, interested shall settle boundary lines along such township
lines. In the month of April each year the board shall appoint a road
overseer for each district, who shall serve for one year and until his
successor is appointed and qualified. Any road overseer may be removed
from office by the township board for incompetency, neglect or other good
cause, and a successor may be appointed by them in his stead. (RSMo 1939
§ 8814)

Prior revisions: 1929 § 8150; 1919 § 10912; 1909 § 11751

CROSS REFERENCE: Road districts, township board to establish as needed,
RSMo 65.390



The person appointed to the office of road overseer shall be a
citizen of the township from which he is appointed, and shall be a
practical road builder, or possessed of technical or scientific knowledge
of such work. His compensation shall be fixed by the board of directors
at the time of his appointment, and shall be not more than thirty cents
per hour for each hour he is actually and necessarily employed as such
overseer. (RSMo 1939 § 8815)

Prior revisions: 1929 § 8151; 1919 § 10913; 1909 § 11752



Before entering upon the performance of his duties each road
overseer shall execute and deliver to the township board a bond in such
sum as may be fixed by the board, and with good and sufficient security,
to be approved by the board, conditioned that he will faithfully
discharge all the duties devolving upon him by law as such overseer.
(RSMo 1939 § 8816)

Prior revisions: 1929 § 8152; 1919 § 10914; 1909 § 11753



It shall be the duty of every road overseer to make a detailed
report and settlement, under oath, to the township board at each regular
meeting thereof, and on or before the twentieth day of March next after
his appointment he shall make final report, under oath, of all moneys
received and expended by him, and from what source received and on what
account expended, and final report of the disposition of all tools,
machinery, books, papers and other property received by him as such
overseer and belonging to such township or road district, and shall
settle in full with said board for all moneys which he may have belonging
to such road district or which may be owing by him to such district, and
shall deliver to said board all tools, machinery, books, papers and other
property belonging to such township or road district and received by him
as such overseer. (RSMo 1939 § 8817)

Prior revisions: 1929 § 8153; 1919 § 10915; 1909 § 11754



The overseer shall not employ any member of the township board
nor enter into any contract for road work, material, tools, teams, nor
purchase any machinery or material for the use of the road district from
any member of the board or a member of his own family, either directly or
indirectly, nor in any way use the funds of the district so as to become
the beneficiary in the disbursement of the same. The tools of the
district shall not be loaned to any person, except persons doing free
work upon the roads of the district. (RSMo 1939 § 8818)

Prior revisions: 1929 § 8154; 1919 § 10916; 1909 § 11755



It shall be the duty of the road overseer to keep the roads in
his district in as good repair as the funds at his command will permit.
It shall also be his duty to keep all culverts and holes in the floors of
bridges in his district repaired, and to make an inspection of the roads,
bridges and culverts in his district as often as practicable and to see
that they are kept in a safe condition. (RSMo 1939 § 8819, A.L. 1945 p.
1497)

Prior revisions: 1929 § 8155; 1919 § 10917



The township board of directors shall construct and keep in
repair all bridges in their district costing less than one hundred
dollars; and shall make all necessary repairs, costing less than
twenty-five dollars, upon bridges which are now or may hereafter be built
within the township; provided, whenever it shall be necessary in any road
district for the township board to cause to be built a bridge, the cost
of which exceeds twenty-five dollars, the board may, in its discretion,
advertise for bids by giving at least fifteen days' notice, by five
written notices, posted in as many public places in said township, or by
publication in some newspaper published in the district of the time and
place of letting the contract. (RSMo 1939 § 8824)

Prior revisions: 1929 § 8164; 1919 § 10926; 1909 § 11773



Whenever it shall be necessary in any township to build a
bridge, the cost of which shall exceed forty-five hundred dollars, the
township board of directors shall make out and cause to be presented to
the county commission a certified statement of the amount of money
necessary for the construction thereof, and, if deemed proper, the said
county commission shall cause the bridge to be built by contract as
provided by law. (RSMo 1939 § 8825, A.L. 2005 H.B. 58)

Prior revisions: 1929 § 8165; 1919 § 10927; 1909 § 11774



Whenever the inhabitants of any road district of any county of
this state having heretofore adopted or which may hereafter adopt
township organization may desire to adopt the contract system of working
roads in such road district, it may be accomplished in the following
manner: Upon the receipt by the township clerk of a petition from a
majority of the resident householders of such road district, residing
outside of an incorporated city, town or village, setting forth the
facts, the township board of directors shall at its next regular meeting,
if such meeting be held within thirty days after the receipt by the
township clerk of such petition, and otherwise at a special meeting of
the township board to be held not later than thirty days after the
receipt of such petition, order the adoption of said system in said road
district. The township clerk shall enter in the record of the township
board all of the proceedings concerning the adoption of said contract
system and shall declare, by publication, the adoption of said system in
such road district. (RSMo 1939 § 8826)

Prior revisions: 1929 § 8166; 1919 § 10928; 1909 § 11775



Upon the adoption of the contract system of working the roads,
the township board of the road district so adopting the same shall, on or
before the fifteenth day of April, next following such adoption, make an
order, duly entered of record, requiring the property tax of such road
district assessed for road purposes to be paid in money. The said
township board shall immediately give notice of the letting of the
working of the roads in such road district by contract, publicly, to the
lowest and best bidder, with specifications in such notice of the work to
be done; said notice shall be given by at least four written or printed
handbills, posted in at least four public places in such road district at
least ten days before the letting of such contract. The township board at
the time set forth in the notices above provided for shall proceed to let
the contract for the working of the roads in said road district to the
lowest and best bidder; provided, that no person or persons who are in
any wise connected with any member of such township board shall be an
eligible bidder. The person or persons whose bid shall be accepted shall,
within ten days thereafter, severally enter into bond with the township
board in such amount and with such personal security as shall be
acceptable to and be approved by said township board, conditioned that
they will faithfully perform the conditions and stipulations contained in
said contract, and any breach of the conditions of said bond may be sued
on in any court of competent jurisdiction in the corporate name of such
township. (RSMo 1939 § 8828)

Prior revisions: 1929 § 8168; 1919 § 10929; 1909 § 11776



Any contractor who shall willfully fail or neglect to keep any
road under his care in good repair, or shall in any manner fail or
neglect to keep any road under his care in good repair, or shall in any
manner fail to faithfully perform or discharge any of his duties
according to the terms of his contract, or shall willfully fail or refuse
after five days' notice to repair any bridge or culvert which under the
terms of the contract it is his duty to repair, shall be held responsible
upon his said bond for any and all damages which occur to persons or
property by reason of such failure; provided, that nothing herein
contained shall prevent the contractor from pleading as a defense for
such failure to perform his work in the time specified in the contract
that same was caused by unusual weather and that with due care and
diligence he could not have avoided such delay. (RSMo 1939 § 8829)

Prior revisions: 1929 § 8169; 1919 § 10930; 1909 § 11778



Whenever the inhabitants of any township under township
organization having previously adopted the contract system of working
roads, as provided for in section 231.240, desire to change such system,
they may abolish said system in the same manner as provided in section
231.240 for the establishment of said system. (RSMo 1939 § 8827)

Prior revision: 1929 § 8167



The township board of directors in all counties under township
organization shall keep, or cause to be kept, a full, true and correct
record of all moneys received and disbursed on account of roads and
bridges and all other receipts and disbursements of every nature in such
township, showing in detail from whom and on what account such money was
received, and to whom and for what purpose disbursed, together with a
complete inventory of all tools, road machinery and other property
belonging to the township, together with such other information as to the
condition of roads and bridges and the needs of same as may be deemed of
value, and within thirty days after the end of the fiscal year of said
township board of directors, which fiscal year shall begin and end on the
same date as the fiscal year of the county in which such township is
located, shall cause to be published an itemized statement of such
receipts and expenditures, inventory of tools, machinery and other
property in some newspaper published in such township, and if there be no
newspaper published in the township, then such publication may be made in
any newspaper of general circulation within such township published in
the county. Such statement shall be made by the township clerk under the
direction of the township board, and shall be sworn to by such clerk, and
it shall be the duty of the township clerk within thirty days after the
end of the fiscal year of said township board to file one copy of such
detailed statement with the county clerk of such county, and the county
clerk shall lay the same before the county commission at its next regular
meeting. (RSMo 1939 § 8830, A.L. 1945 p. 1497 § 8830, A.L. 2003 H.B. 597)

Prior revisions: 1929 § 8170; 1919 § 10931; 1909 § 11781



For the purpose of carrying out the provisions of section
231.280, it shall be the duty of the county clerk in counties having
township organization to prepare, at the expense of the county, forms for
the publication of the detailed statement of the township's receipts and
disbursements, on or before the twentieth day of February of each year,
and submit the same to the township clerk of each township, together with
any other information he may deem necessary, and the county clerk shall
require each township board to make such publication according to the
form submitted, and also require a certified copy of such statement to be
filed in his office on or before the twentieth day of March of each year.
(RSMo 1939 § 8831)

Prior revisions: 1929 § 8171; 1919 § 10932



Whenever the citizens along the line of any public road in a
district subscribe any sum not less than twenty-five dollars for grading,
graveling or otherwise improving any portion of such road, and shall
deposit the same with the township treasurer, the county commission may
appropriate a like amount for such purpose out of any funds of the county
not otherwise appropriated. (RSMo 1939 § 8832)

Prior revisions: 1929 § 8172; 1919 § 10933; 1909 § 11785



It shall be lawful for the county commission of any county upon
the application of the township board of directors, to empower and
authorize the county highway engineer of said county, under the direction
of the township board of such township, to survey, locate and plat the
public highways of such township; and when such plat shall have been
completed and approved by the township board, it shall be filed in the
office of the township clerk, together with the minutes and report of
such survey, to be kept by such township clerk as a part of his official
records, the expenses of such proceeding to be paid out of the road fund
of the township. The said plat, minutes and reports, or a certified copy
of the same, over the hand and seal of the township clerk, shall be prima
facie evidence that the road or roads therein contained or described have
been constituted a public highway according to law. (RSMo 1939 § 8833)

Prior revisions: 1929 § 8173; 1919 § 10934; 1909 § 11786



It shall be the duty of the prosecuting attorney of the county
or his assistant to prosecute all actions brought under sections 231.150
to 231.330. (RSMo 1939 § 8834)

Prior revisions: 1929 § 8174; 1919 § 10935; 1909 § 11787



Any official or other person who shall willfully fail to comply
with any of the provisions of sections 231.150 to 231.330, and any person
who shall willfully violate any of the provisions thereof, shall be
deemed guilty of a misdemeanor, and where no other or different
punishment is provided, shall be punished by a fine of not less than five
dollars nor more than five hundred dollars. (RSMo 1939 § 8835)

Prior revisions: 1929 § 8175; 1919 § 10936; 1909 § 11788



All streets and alleys in unincorporated towns and villages
shall be under the control of the county commission, and governed by the
laws relating to roads and highways. (RSMo 1939 § 8562)

Prior revisions: 1929 § 7915; 1919 § 10703; 1909 § 10505



The road overseer and county highway engineer shall have the
same control over and their duties in relation to streets and alleys in
said towns and villages shall be the same as in relation to roads and
highways on public roads. (RSMo 1939 § 8563)

Prior revisions: 1929 § 7916; 1919 § 10704; 1909 § 10506



The county commission in all counties of the first class, as
provided by law, shall have the power to provide for the building of
sidewalks, curbs, gutters, combinations of curb and gutter, and
roadways--including grading therefor, along any street, avenue, road or
highway--in any unincorporated town, village or residence district in
such county by and at the expense of the owner, or owners, of the lots
fronting on said street, avenue, road or highway along the distance
improved in proportion to the front feet. Whenever a petition therefor
shall be filed with the county commission signed by a majority of the
resident lot owners fronting on such street, avenue, road or highway, and
liable to taxation therefor, which sidewalks, curbs, gutters or
combinations of curb and gutter and roadways shall be constructed in such
manner and of such dimensions as are herein provided. (L. 1947 V. I p.
430 § 1)



Contracts for the laying of such sidewalks, curbs, gutters,
combinations of curb and gutter and roadways as are provided for in
section 231.360, shall be authorized and let by the aforesaid county
commission to the lowest and best bidder therefor, said commission first
giving notice thereof by publication, which notice shall be published for
fifteen days in a daily newspaper or for three insertions in a weekly
newspaper at the county seat of such county. Said notice must contain a
summary of the specifications showing the kind of material required, the
width and the thickness of such sidewalk, curbs, gutters, combinations of
curb and gutter and roadway and the manner of paying therefor, together
with the time and place where said specifications may be examined;
provided, that all sidewalks constructed under the provisions of sections
231.360 to 231.390, shall be of uniform width not less than four feet in
any one block, and the general specifications of such sidewalk or
sidewalks shall be determined by the county commission in conformity with
the wishes of the petitioners. (L. 1947 V. I p. 430 § 2)



The cost of laying such sidewalk or sidewalks, curbs, gutters,
combinations of curb and gutter, roadway or roadways, shall be
apportioned and assessed by the county commission or commissions against
the abutting property on the basis per front foot ascertained by dividing
the cost of the work by the total frontage of the abutting property, and
such assessments shall be known as special assessments for improvements
and shall be levied and collected as a special tax, and a special tax
bill, to be prepared by the county clerk of the county, shall issue
therefor. Said special tax bills are to be issued upon the completion,
approval and acceptance by the county commission, and may bear interest
after thirty days, at the rate of eight percent per annum, and every such
special tax bill shall be a lien against the lot or piece of ground
described in the same until the same is paid. (L. 1947 V. I p. 430 § 3)



All special tax bills issued for special assessments for
constructing sidewalks, curbs, gutters, combinations of curb and gutter
and roadways as authorized herein shall be assignable and collectible by
suit in the name of the county to the use and at the cost of the holder
thereof. Any such tax bills heretofore or hereafter issued in payment for
the construction of a public road, which are invalid by reason of an
irregularity in the procedure prescribed for their issuance, may be
redeemed by the county and payment thereof made as directed by the county
commission. Such special tax bills in any action thereon, shall be prima
facie evidence of the regularity of the proceedings for such special
assessment, of the validity of the bill, of the doing of the work, and of
the furnishing of the materials charged for, and of the liability of the
property to the charge stated in the bill. (L. 1947 V. I p. 430 § 4)



The county commissions in all counties of the second class shall
have the power to provide for and require the building of sidewalks and
roadways--including grading therefor, along any street, avenue, road or
highway--in any unincorporated village or residence district in such
county by and at the expense of the owner of the lots fronting on such
street, avenue, road or highway, along the distance improved in
proportion to the front feet, whenever a petition therefor shall be filed
with the county commission signed by a majority of the owners resident on
such street, avenue, road or highway, and liable to taxation therefor,
which sidewalks and roadways shall be constructed in such manner and of
such dimensions as are herein provided. (RSMo 1939 § 8567, A.L. 1945 p.
1501)

Prior revisions: 1929 § 7920; 1919 § 10708; 1909 § 10511



Contracts for the laying of such sidewalks and roadways as are
provided for in section 231.400 shall be authorized and let by the
aforesaid county commission to the lowest and best bidder therefor, said
commission first giving notice thereof by publication, which notice shall
be published for fifteen days in a daily newspaper or for three
insertions in a weekly newspaper published at the county seat of such
county. Said notice must contain specifications showing the kind of
material required, the width and the thickness of such sidewalk and
roadway and the manner of paying therefor; provided, that all sidewalks
constructed under the provisions of sections 231.400 to 231.430 shall be
of uniform width not less than four feet in any one block, and the
general specifications of such sidewalk or sidewalks shall be determined
by the county commission in conformity with the wishes of the
petitioners. (RSMo 1939 § 8570)

Prior revisions: 1929 § 7921; 1919 § 10709; 1909 § 10512



The cost of laying such sidewalk or sidewalks, roadway or
roadways, shall be apportioned and assessed by the county commission or
commissions against the abutting property on the basis per front foot
ascertained by dividing the cost of the work by the total frontage of the
abutting property, and such assessments shall be known as special
assessments for improvements and shall be levied and collected as a
special tax, and a special tax bill, to be prepared by the county clerk
of the county, shall issue therefor. Said special tax bills are to be
issued upon the completion, approval and acceptance by the county
commission, and may bear interest, after thirty days, at the rate of
eight percent per annum, and every such special tax bill shall be a lien
against the lot or piece of ground described in the same until the same
is paid. (RSMo 1939 § 8571)

Prior revisions: 1929 § 7922; 1919 § 10710; 1909 § 10513



All special tax bills issued for special assessments for
constructing sidewalks and roadways as authorized by sections 231.400 to
231.420 shall be assignable and collectible in the name of the county, to
the use of the holder thereof; but the county shall not in any event be
liable for any costs that may accrue in such action. Such special tax
bills, in any action thereon, shall be prima facie evidence of the
regularity of the proceedings for such special assessment, of the
validity of the bill, of the doing of the work, and of the furnishing of
the materials charged for, and of the liability of the property to the
charge stated in the bill. (RSMo 1939 § 8572)

Prior revisions: 1929 § 7923; 1919 § 10711; 1909 § 10514



1. All moneys received by a county from the county aid road
trust fund shall be used within the county solely for the construction,
reconstruction, maintenance and repairs of roads, bridges and highways as
the county commission shall direct. The county commission shall formulate
by written regulations, rules and policies for the use of such funds
which shall be kept on file by the county recorder for public inspection.
The state highways and transportation commission shall have no authority
to promulgate rules and regulations concerning the expenditure of such
funds and all such rules and regulations heretofore promulgated shall be
null and void.

2. The state treasurer by the tenth day of each month shall remit to the
county treasurer of each county its allocated share of the county aid
road trust fund. (L. 1973 H.B. 222)



1. In addition to other levies authorized by law, the governing
body of any county of the third classification without a township form of
government having a population in excess of four thousand two hundred and
less than six thousand according to the most recent decennial census or
any county of the third classification without a township form of
government and with more than two thousand three hundred but fewer than
two thousand four hundred inhabitants may by ordinance levy and impose a
tax pursuant to this section which shall not exceed the rate of
twenty-five cents on each acre of real property in the county which is
classified as agricultural and horticultural property pursuant to section
137.016, RSMo.

2. The proceeds of the tax authorized pursuant to this section shall be
collected by the county collector and remitted to the county treasurer
who shall deposit such proceeds in a special fund to be known as the
"Special Road Rock Fund". All moneys in the special road rock fund shall
be appropriated by the county governing body for the sole purpose of
purchasing road rock to be placed on county roads within the boundaries
of the county.

3. The ordinance levying and imposing a tax pursuant to subsection 1 of
this section shall not be effective unless the county governing body
submits to the qualified voters of the county a proposal to authorize the
county governing body to levy and impose the tax at an election permitted
pursuant to section 115.123, RSMo. The ballot of submission proposing the
tax shall be in substantially the following form:

Shall the county of .......... (county's name) be authorized to levy and
impose a tax on all real property in the county which is classified as
agricultural or horticultural property at a rate not to exceed ..........
(rate of tax) cents per acre with all the proceeds of the tax to be
placed in the "Special Road Rock Fund" and used solely for the purpose of
purchasing road rock to be placed on county roads within the boundaries
of the county?

[ ] YES [ ] NO

4. If a majority of the qualified voters of the county voting on the
proposal vote "YES", then the governing body of the county may by
ordinance levy and impose the tax authorized by this section in an amount
not to exceed the rate proposed in the ballot of submission. If a
majority of the qualified voters of the county voting on the proposal
vote "NO", then the governing body of the county shall not levy and
impose such tax. Nothing in this section shall prohibit a rejected
proposal from being resubmitted to the qualified voters of the county at
an election permitted pursuant to section 115.123, RSMo. (L. 1998 H.B.
1113 § 1, A.L. 2005 H.B. 58)



The general assembly may appropriate funds to the office of
administration to be paid to the various counties and cities to be used
solely for road and bridge purposes as provided in sections 231.450 to
231.460. (L. 1979 S.B. 109 § 1)

*No continuity with § 231.450 as repealed by L. 1973 H.B. 222 § 1.



1. Each fiscal year for two fiscal years, beginning with fiscal
year 1979-80, the general assembly shall appropriate not more than
eighteen million dollars for local road and bridge purposes as provided
in sections 231.450 to 231.460.

2. The payment of the funds so appropriated shall be made by the
commissioner of administration as soon as practicable after the beginning
of each fiscal year.

3. The payment shall be made to the governing bodies of the various
counties and cities, without any formal application therefor, shall be
used solely for local road and bridge purposes, and no part of the moneys
so paid shall be used upon any road or bridge which is wholly or
partially maintained by the state transportation department. (L. 1979
S.B. 109 § 2)



1. Of the total amount appropriated each year, five percent
shall be paid to the city of St. Louis, and the city of St. Louis shall
not otherwise participate in any distribution from the appropriation as
either a city or county.

2. Of the remainder, two-thirds shall be paid to the various counties of
the state on the same basis as county aid road trust funds are
distributed as provided in Article IV, section 30(a)(1) of the Missouri
Constitution, and shall be expended as provided in section 231.441.

3. The remainder shall be distributed to the various cities of the state
in the same manner as road funds are distributed to the incorporated
cities, towns and villages within the state as provided in Article IV,
section 30(a)(2), Constitution of Missouri, and for the same purposes
enumerated therein, but the distribution shall not take into account
whether or not a city, town, or village once levied a motor fuel tax. The
state highways and transportation commission shall not have any authority
to promulgate rules and regulations concerning the expenditure of such
funds. (L. 1979 S.B. 109 § 3)

*No continuity with § 231.460 as repealed by L. 1973 H.B. 222 § 1.



 
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