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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : ROADS AND WATERWAYS
Chapter : Chapter 234 Bridges
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Each county commission shall determine what bridges shall be
built and maintained at the expense of the county and what by the road
districts; provided, that no road district shall be compelled to build a
bridge which costs fifty dollars or more. (RSMo 1939 § 8534)
Prior revisions: 1929 § 7898; 1919 § 10686; 1909 § 10486
CROSS REFERENCES: Bridges in special road districts, how built, RSMo
233.115 Bridges in township organization counties, how built, RSMo
231.220, 231.230 Bridges required by drainage district, how built,
enlarged, and maintained, RSMo 242.350, 243.200
The construction of all masonry or concrete culverts and
bridges, and of all other bridges costing over fifty dollars, shall be
under the supervision of the county highway engineer. (RSMo 1939 § 8535)
Prior revisions: 1929 § 7899; 1919 § 10687; 1909 § 10487
Whenever the highway engineer of any county is notified by any
road overseer, or other reputable person, that any county bridge has been
badly damaged by recent floods, or is otherwise in imminent danger of
falling in, or is dangerous in any manner to public travel, said highway
engineer, with the consent of one or more of the county commissioners,
may contract with some bridge contractor, or other competent person, and
have said bridge repaired forthwith, and the county commission, at the
next term thereof, shall allow a reasonable compensation for such repair,
not to exceed the reasonable cost thereof, plus ten percent. (RSMo 1939 §
8552)
Prior revisions: 1929 § 7908; 1919 § 10696; 1909 § 10501
The county commission may order any bridge built by the county
to be attached to a road district, for the purpose of being kept in
repair by such road district; but when the repairs necessary at one time
shall exceed in value fifty dollars, the same shall not be required to be
done by such road district. (RSMo 1939 § 8536)
Prior revisions: 1929 § 7900; 1919 § 10688; 1909 § 10488
The control and management of any toll bridge or toll road which
may have been constructed originally by any corporation, partnership or
person, whether chartered under the general laws or organized under
special act, whose charter has expired or may hereafter expire, is hereby
passed to and vested in the county commission of the county or counties
in which such bridge or road may be situated. (RSMo 1939 § 8537)
Prior revisions: 1929 § 7901; 1919 § 10689; 1909 § 10494
Whenever twelve resident taxpayers in any township or townships
petition the county commission for a bridge upon any public road in such
township or townships, giving the name of the stream and the locality of
the contemplated bridge, and the citizens of the township or townships
raise one-half the estimated cost of such bridge and deposit such amount
with the county treasurer and certify the fact to the county commission,
the commission shall immediately make an appropriation for the other
half; provided, sufficient funds are on hand in the county treasury or
will be available out of the taxes collected for such year and not
previously set apart for other purposes. (RSMo 1939 § 8538)
Prior revisions: 1929 § 7902; 1919 § 10690; 1909 § 10497
Whenever the county commission of any county, upon
investigation, shall be satisfied that the citizens of said county will
be benefited by the construction of a bridge in an adjoining county and
within one mile of the boundary line dividing said counties, the
aforesaid county commission may unite with the county commission of said
adjoining county in causing said bridge to be built and may contribute to
the expense of building said bridge in any sum not to exceed one-half the
cost of such bridge, and may make an appropriation for the payment of
same. (RSMo 1939 § 8540)
Prior revisions: 1929 § 7904; 1919 § 10692
1. If a bridge be necessary over any watercourse which divides
one county from another, the county commissions of such counties may
unite in the building of said bridge and the expenses shall be borne by
such counties in such proportion as may be agreed upon by the county
commissions of said counties; provided, that the county commission of any
other county of this state and the authorities of any municipal
corporation, township, road district or other political subdivision of
the state having jurisdiction of the construction and maintenance of
public roads, which may deem the construction of such a bridge a benefit,
may contribute to the cost of such bridge.
2. The plans and specifications for such bridge shall be prepared, the
contract let and the construction of said bridge shall be supervised by
the county highway engineers of the counties so uniting, or either of
them, or otherwise, as the county commissions of said counties may agree.
(RSMo 1939 § 8539)
Prior revisions: 1929 § 7903; 1919 § 10691; 1909 § 10498
1. If a bridge or bridges be necessary over any river, stream or
watercourse forming the boundary line or part of the boundary line
between the state of Missouri and any adjoining state or states, the
county commissions of the counties of this state bordering on such river,
stream or watercourse may unite with such adjoining state or the proper
authorities of any county in such adjoining state for building such
bridge or bridges and the expense thereof shall be defrayed by such
county of this state and the adjoining state or county therein in such
proportion as may be agreed upon.
2. The plans and specifications for such bridge or bridges shall be
prepared and the contract let and construction supervised by some
competent person who may be agreed upon by the respective interested
authorities; provided, that private subscriptions may be received by the
county commissions of such counties in this state to defray in part or in
whole the expenses of building such bridge or bridges; provided further,
that for the purpose of defraying the expenses of building such bridge or
bridges, or to create a fund with which to build any such bridge in the
future, it shall be the duty of the county commission in such county in
this state, upon a petition signed by a majority of the taxpaying
citizens of any township in which such bridge is located or is to be
located, to levy on the taxable property in such township the full amount
of the special road and bridge tax authorized by the first sentence of
the first paragraph of section 12, article X of the Constitution of
Missouri, and use the same solely for the purpose of defraying the
expense of building such bridge or bridges or creating a fund for the
future building thereof, and such fund, when inaugurated, shall be
perpetuated until such bridge or bridges are built and the cost thereof
is defrayed.
3. The county commission may appropriate moneys from the road and bridge
fund of the county to pay the cost or part of the cost of building such
bridges. (RSMo 1939 § 8541, A.L. 1945 p. 1481)
Prior revisions: 1929 § 7905; 1919 § 10693
CROSS REFERENCE: Certain bridges to be part of state highway system,
when, RSMo 227.080
Any city organized under general law, or under special charter,
or under section 19 of article VI of the constitution of this state, and
adjoining a navigable stream and separated by such stream from a county
of this state adjoining said stream opposite said city, and the county
commission of any such county, may unite in purchasing, for a free public
highway for travel between such city and such county by wagons, vehicles,
footmen and animals right-of-way over any bridge or bridges crossing such
stream and connecting such city and such county and being maintained and
used as a toll bridge for wagons, vehicles, footmen, passengers and
animals, and for other purposes, or in contracting with any holder of a
franchise; for construction of a proposed bridge across such stream and
to connect such city and such county, and for maintenance of such bridge
as a toll bridge for wagons, vehicles, foot passengers and animals, and
for other purposes, for the purchase, upon completion of such proposed
bridge, of right-of-way thereon for a free public highway for travel
between such city and such county by wagons, vehicles, footmen and
animals; the cost of any right-of-way so purchased or contracted for to
be defrayed by such city and such county, each paying such portion
thereof as may be agreed upon between such city and such county
commission; and whenever the owner of any such bridge shall in writing
propose to sell such a right-of-way over such bridge, or the holder of
any such franchise shall propose to contract with any such city and
county for the sale, upon completion of the proposed bridge, of such a
right-of-way thereon, said county commission shall appoint a commission,
composed of the county surveyor or highway engineer, and two owners of
real estate in the county, who shall confer with the mayor or other chief
officer of such city and the owner of such bridge or the holder of such
franchise, and ascertain and report to the county commission the price
for which such right-of-way can be purchased or contracted for, and
whether such price is reasonable, and the portion of such price that such
city proposes to pay; which report shall be filed with such county
commission, and if such price is for right-of-way over such a proposed
bridge, such committee shall procure and file with such report a copy of
the plans for such proposed bridge. (RSMo 1939 § 8553, A.L. 1945 p. 1481)
Prior revisions: 1929 § 7909; 1919 § 10697
After filing of such report as provided in section 234.100 the
county commission, with such city or the proper authorities thereof, may
make, or cause to be made, a contract for the purchase of such
right-of-way and such counties may issue bonds for such purpose, as
authorized by the general law governing the issuance of bonds by
counties. (RSMo 1939 § 8554, A.L. 1945 p. 1477)
Prior revisions: 1929 § 7910; 1919 § 10698
1. If such city shall contain two hundred thousand or more
inhabitants and the price for such right-of-way shall be reasonable, and
such city, through its proper authorities shall propose to pay as much as
one-half of the cost of such right-of-way, and bonds of such county for
payment of the remainder of such cost would, if issued, increase the
indebtedness of such county to exceed the constitutional limit, or if an
election shall be held in such county pursuant to the general law
governing elections on the issuance of bonds by counties, and less than
the constitutionally required percentage of the voters at such election
vote for increase of indebtedness; or if the owners of a majority of
acres of the land in such county and within two miles of such bridge, or
the proposed site thereof if not then constructed, shall petition the
county commission of such county, praying that bonds payable by special
assessments be issued to provide funds for use in purchasing such
right-of-way and paying any and all expenses preliminary to and
incidental to issuance and sale of such bonds; the county commission, if
it finds that such petition was signed by owners of a majority of the
land in the county and within two miles of such bridge or such proposed
site, which finding shall thereafter be conclusive evidence of such fact,
shall appoint three commissioners, each of whom shall be a resident of
and an owner of land in the county. If any commissioner so appointed
shall fail or refuse to qualify as such commissioner, or to properly
perform his duties as such, the county commission shall appoint another.
2. Such commissioners shall qualify within ten days after being
appointed, by taking, subscribing and filing with the county clerk of the
county the oath prescribed by the constitution, and that they will
faithfully, honestly and impartially discharge their duties as such
commissioners according to law.
3. After so qualifying, such commissioners shall prepare, or cause to be
prepared, a map of territory embracing all lands in this state and on the
side of the stream adjoined by the county and within ten miles of the
location or proposed location of such bridge and the commissioners shall
prepare, or cause to be prepared, a list of all the lands, and shall fix
a fair and impartial valuation on each tract of such lands independent of
the buildings thereon, and indicate on such list the valuation so fixed
upon each tract of such land, and what tracts lie within two miles of the
location or proposed location of such bridge and what at a greater
distance than two miles and not more than four miles, and what more than
four miles and not over seven miles, and what over seven miles and within
ten miles thereof. Each tract of land of forty acres, according to a
government survey, and each of the smallest subdivisions of land that has
been lawfully platted and each separate tract of less than forty acres
shall, for the purpose of this section, be regarded as within two miles
of such location or proposed location if the major portion thereof is so,
and more than two miles and not over four miles from such location or
proposed location if the major portion thereof is so, and more than four
miles and not over seven miles if the major portion thereof is so, and
over seven miles and within ten miles therefrom if the major portion
thereof is so. If such lands lie in two or more counties, the
commissioners shall indicate in such list what lands lie in each of the
counties.
4. The word "lands", as used in this section, shall be construed as
meaning both lands and lots, and without regard to whether they are
within any incorporated city, town or village.
5. If the commissioners cannot agree upon the valuation to be fixed upon
any tract of such lands, they shall arrive at the value thereof by adding
together the valuation placed thereon independent of the buildings
thereon by each of them, and dividing the total thereof by three. The
commissioners, upon completion of such list of lands shall annex a
certificate thereto that they believe the same to be correct; and they
shall file such a list of lands, with such certificate annexed thereto,
with the county clerk of the county in which they were appointed, who
shall thereupon give notice, in each county including any of such lands,
by at least two publications in a weekly newspaper published therein,
that the commissioners have so filed the list of lands, and setting forth
therein the boundaries embracing all of such lands, and stating therein
that all lands within such boundaries shall be subject to assessment to
pay special assessment bonds, and such notice shall state a day not less
than two weeks later than the date of the first publication of such
notice, upon which the county commission will be in session and will
consider objections and exceptions to such list of lands and the
valuation therein indicated. Such notice shall state that all persons
owning or interested in land within the boundaries may file written
objections and exceptions to the list of lands and valuations, with the
county clerk, at any time previous to such day, and be heard thereon on
such day.
6. Should such county commission fail for any cause to be in session on
the day stated in such notice, the county clerk shall give a new notice
appointing some other day for consideration of such objections and
exceptions. Such objections and exceptions shall be in writing and signed
by or for the party offering the same, and shall describe the land owned
or in which the party offering the same is interested, and shall
specifically state the objections of such party to the list of lands or
to valuations therein indicated, and shall be filed with the county clerk
before the day stated in such notice for the consideration thereof. The
county commission on such day, or as soon thereafter as the business of
the county commission will permit, shall consider the list, and the
objections and exceptions thereto that may be so filed, and hear any
evidence offered in support thereof or contrary thereto. Such hearing may
be continued from time to time as the ends of justice may require. After
consideration of all such objections and exceptions, if any, and hearing
such evidence as may be so offered, the county commission shall make any
alterations and corrections of such list of lands, and of the valuation
fixed by said commissioners of any of the lands, or fix such valuation on
the lands as it may deem proper, and shall thereupon approve such list of
lands, and order the clerk of the county commission to annex to the list
of lands a certificate of such approval; and the county commission shall
make an order stating and allowing reasonable compensation for the
commissioners, and the expense incurred by them, including engineer and
attorney fees, in preparing or causing to be prepared the map and list of
lands, which compensation shall not exceed five dollars per day for each
commissioner, and the county commission shall thereafter enter into a
contract, or cause a contract to be entered into in conjunction with such
city, for the purchase of such right-of-way and for the payment of the
portion of the purchase price payable by the county, with such bonds, or
out of funds to be derived from the sale of such bonds, and by such means
only; and such commission shall thereafter issue such bonds for the
amount payable by the county of such purchase price, plus the amount of
such compensation and expense, and any and all expenses incidental to the
issuance and sale of such bonds, and such additional amount as will cover
the discount at which such bonds may be sold and pay interest on such
bonds until the first assessment to pay such bonds shall become payable.
7. Such bonds shall be issued in denominations of not less than one
hundred dollars each, and bear interest from their date at a rate not
exceeding the rate per annum permitted by law, payable on the first days
of April and October after such date until all of the bonds shall be
paid. The principal shall become due and payable in installments, which
need not be equal, and shall be such that the first thereof shall become
payable on the first interest-paying day after the first of such special
assessments shall become payable and one each year thereafter, but so as
all installments shall become payable within twenty years and the last
thereof not less than eighteen years after the date of the bonds. Both
principal and interest shall be payable at some convenient banking house
or trust company's office to be named in the bonds.
8. The bonds shall be signed by the presiding commissioner of the county
commission and attested by the county clerk, and the clerk shall register
them in a suitable book for that purpose. After being so registered, they
shall be presented to the state auditor for registration, who shall
register them as bonds mentioned in section 108.260, RSMo, are required
by law to be registered, and the provisions of such law as amended shall
be applicable to special assessment bonds issued pursuant to this law the
same as to bonds mentioned in such law as amended. Such bonds, after
being so registered by the state auditor, shall be deposited with the
treasurer of the county, in whose custody they shall remain until
disposed of as authorized by this section.
9. The county commission may sell the bonds, or any of them, at public or
at private sale, for not less than ninety-five percent of their face
value or may use such bonds, or any portion of them, at not less than
ninety-five percent of their face value in paying for such right-of-way.
Such bonds, and the interest thereon, shall be payable and collectible
only out of moneys derived from special assessments against the lands and
from money derived from the sale of such bonds and interest that may
accrue on funds so derived while on deposit with any depositary.
10. The county commission, either before or after issuance of such bonds,
may have an adjudication of their validity, by the circuit court of the
county, by filing a petition therefor with the circuit clerk of the
county, setting forth therein the boundaries embracing all of the lands
and stating what counties include such lands. The circuit clerk, when
such petition shall have been so filed, shall cause notice to be
published in four successive issues of a weekly newspaper, in each of the
counties, stating therein such boundaries, and that all persons owning or
interested in lands within such boundaries are thereby summoned to appear
before the circuit court on the first day of the term thereof in such
notice named and show any reason there may be why such bonds should not
be adjudged valid or cannot be paid by special assessments against the
lands. The notice shall also state the term of the circuit court, which
shall be the first term fifteen or more days after the last publication
of such notice, at which such parties are required to appear, and the
first day thereof. The circuit court shall consider any and all reasons
that may be submitted on or before the first day of the term why such
bonds should not be adjudged valid or cannot be paid by special
assessments against the lands and any evidence offered in support thereof
or against the same; and unless the contrary shall be shown and proven to
the satisfaction of the court, shall adjudge the bonds valid, and that
the lands shall be subject to special assessments to pay same.
11. After issuance of such bonds, the county clerk of the county issuing
them shall prepare a list of such lands and of the valuations thereof for
special assessment purposes and therein give to all lands within two
miles of the location or proposed location of such bridge the valuations
indicated by the list approved by the county commission, and to lands a
greater distance than two miles and not more than four miles from such
location or proposed location, seventy-five percent of the valuations so
indicated therefor, and lands more than four miles and not over seven
miles, fifty percent of the valuations so indicated, and lands over seven
miles from and within ten miles of such location or proposed location,
twenty-five percent of the valuations thereof so indicated.
12. If the list includes land in more than one county, the county clerk
shall prepare for and supply the county clerk of each other county
embracing any of the land a list of such lands as are in the county of
each and the valuations thereof as so given in the list so prepared for
special assessment purposes, and shall certify to each of them as special
assessments are ordered the rate at which the lands are assessed and are
to be charged in the tax books to be prepared.
13. The county commission shall each year order a special assessment
against the lands of such percent of the valuations thereof as so given
in such list for special assessment purposes as shall suffice to pay such
of the bonds, and such interest as shall become payable before the next
assessment thereafter shall become payable. The county clerk of each
county embracing any of such lands shall charge such assessments on his
tax books against the lands subject thereto, and when so charged such
assessments shall constitute a lien upon the lands charged therewith for
the amount thereof and all interest and penalties that may accrue thereon
and all cost in collecting the same, including attorney fees to be taxed
as cost in the action to enforce payment, which lien shall be paramount
to all other liens except of the state for state, county, school and road
taxes, and such assessments shall become due and payable and be subject
to penalties and interest at the same rate when in default as such taxes;
and suits to foreclose the lien of such assessment may be instituted and
enforced in the same manner as for such taxes; and county collectors
shall receive and receipt for such assessments as are charged on their
tax books, and interest and penalties thereon, the same as for taxes so
charged.
14. In suits to enforce the lien of any such assessments, bills thereof
issued by the county shall be prima facie evidence of the amounts of the
assessments, and that they are valid liens against the lands charged
therewith as indicated by such bills. The county treasurer of any county
issuing such bonds shall be the custodian of funds derived therefrom, and
from such special assessments, and shall be liable on his official bond
therefor, and county collectors collecting any such assessments shall pay
them to him. He shall deposit such funds in the county depositary and
interest accruing thereon when so deposited shall be for the same use as
funds derived from assessments, and he shall disburse all such funds as
contemplated by this law. (RSMo 1939 § 8555, A.L. 1945 p. 1481, A. 1949
S.B. 1079, A.L. 1990 H.B. 1621)
Prior revisions: 1929 § 7911; 1919 § 10699
1. Any such city may increase its indebtedness by issuing and
selling its bonds for funds for use in making a purchase or purchases by
authority of this law and paying expenses of holding an election as by
this section authorized and other expenses preliminary or incidental to
the issuance and sale of such bonds. Such increase of indebtedness shall
not cause the indebtedness of the city to exceed the constitutional
limit. The council, trustees, or other proper authorities of the city,
shall order an election to be held, and an election shall be held, as by
this section provided, for the purpose of testing the sense of the voters
of the city on the proposition to so increase indebtedness and the
constitutionally required percentage of those voting at such election
favor the increase of indebtedness.
2. Such council, trustees, or other proper authorities, shall give, or
cause to be given, at least three weeks' notice of such election in a
newspaper published in such city, or if there be no such newspaper, then
by posting up ten printed or written handbills in ten different public
places in such city. If there are one or more daily newspapers published
in the city, which are qualified to publish public advertisements and
orders of publication as provided by law, such notice shall be published
in at least one of such newspapers. If the notice is published in a
newspaper as provided in this section, such publication shall be made at
least once in each of the three weeks, the last publication to be within
two weeks of the date of such election.
3. Such election shall be held and judges thereof appointed as in case of
other elections in such city, except that the board of election
commissioners of the city, if there be such a board, or other proper
authorities having charge of such election shall provide at least two
voting places in each ward of the municipality conducting such election,
if there be more than one ward, and for that purpose they may combine as
many election precincts in each ward as in their opinion may be proper.
The judges and clerks of the precinct in which a voting place is located
shall act as the judges and clerks of such election for such combined
precinct. Except as provided in this section, such election shall be
conducted in the same manner and by the same election commissioners, if
there be such election commissioners, judges and clerks and other
officers and employees as other elections are conducted.
4. Such election may be held at the same time as any other election of
the city, whether general or special, in which event the voting
precincts, judges, clerks and the booths used shall be the same as at
such other election, but not the same ballots or ballot boxes. (RSMo 1939
§ 8556, A.L. 1953 p. 666, A.L. 1990 H.B. 1621)
Prior revisions: 1929 § 7912; 1919 § 10700
1. Any city and the county commission of any county contracting
by authority of this law for the purchase of right-of-way over a bridge
may pay the purchase price therefor when having funds therefor and proper
conveyance of such right-of-way shall be made; provided, that payment
shall not be made for right-of-way over a proposed bridge until after
completion of such bridge in accordance with plans therefor.
2. The expense of preserving and maintaining the paving on and lighting
and guarding the roadway or roadways covered by or subject to such a
right-of-way shall thereafter be shared by such city and county
proportionately to the amounts paid by them respectively of such purchase
price; and any and all necessary expense of permanently preserving and
maintaining such bridge so as it shall be sufficient and proper support
for such roadway or roadways shall thereafter be borne by the owner of
such bridge. (RSMo 1939 § 8557)
Prior revisions: 1929 § 7913; 1919 § 10701
1. Every county commission participating by authority in this
law, in the purchase of or a contract for right-of-way over a bridge,
shall cause such a highway to be opened in the county as may be necessary
to give access to such bridge by the public; and every city so
participating shall cause such streets or highways to be opened in the
city as may be necessary for such purpose.
2. If the county commission or the city cannot agree with the owner of
any land needed as right-of-way for such highway as to the amount to be
paid him as damages for opening such highway, or if any such owner be
incapable in law of making conveyance of such right-of-way, proceedings
may be instituted in the circuit court in the name of such county, or of
such city, for the condemnation of the lands, or any part thereof, needed
for such right-of-way. The proceedings in the circuit court for the
condemnation of such lands or any part thereof, shall be had and
conducted in the same manner and with like effect as provided in chapter
523, RSMo, for condemnation of property for public use. (RSMo 1939 § 8558)
Prior revisions: 1929 § 7914; 1919 § 10702
If a bridge be necessary over any watercourse which divides one
county from another, and the county commissions of both counties shall
determine that such bridge cannot be built, reconstructed or maintained
at the expense of said counties, respectively, on account of the lack of
funds and power to raise funds, then said county commissions of said
counties are authorized to unite in empowering and granting the right to
such person, partnership or corporation as they shall think proper to
build or reconstruct such bridge as a toll bridge in such a manner and
upon such terms and conditions as shall be agreed upon by said county
commission, and empower such person, partnership or corporation to
charge, collect and receive such tolls as shall be determined as maximum
tolls by the said county commissions of said counties at the time of
empowering or granting said rights. Said person, partnership or
corporation shall then build or reconstruct and maintain said bridge at
their own expense; provided, this section shall not apply to bridges on
state roads. (RSMo 1939 § 8542)
Prior revisions: 1929 § 7906; 1919 § 10694; 1909 § 10499
If a bridge located wholly within any one county be necessary
over any watercourse, and the county commission of such county shall
determine that such bridge cannot be built, reconstructed or maintained
at the expense of said county on account of the lack of funds and power
to raise funds, then said county commission may grant the right to such
person, partnership or corporation, as they shall think proper, to build
or reconstruct such bridge as a toll bridge in such manner and upon such
terms and conditions as shall be agreed upon, and empower such person,
partnership or corporation to charge, collect and receive such tolls as
shall be determined as maximum tolls by the said county commission at the
time of empowering or granting said rights. Said person, partnership or
corporation shall then build or reconstruct and maintain said bridge at
their own expense; provided, this section shall not apply to bridges on
state roads. (RSMo 1939 § 8543)
Prior revisions: 1929 § 7907; 1919 § 10695; 1909 § 10500
The state highways and transportation commission of the state of
Missouri is hereby authorized and directed to include as a part of the
state highway system the whole of any toll bridge across any river
forming a common boundary to this state and any other state or states,
now or hereafter constructed, maintained, operated or owned by any
person, firm or corporation, and to construct, maintain and operate, as a
part of said state highway system, an approach within the boundaries of
the state of Missouri to such bridge and highways connecting the same
with established highways. (RSMo 1939 § 8544)
The state highways and transportation commission of Missouri is
hereby vested with authority to join with the state highways and
transportation commission or a suitable public body of any such other
state in the execution of contracts with the owner of any toll bridge
which may now or hereafter be constructed across any such river, from a
point in Missouri to a point in any such other state, and with the holder
of any bonds issued in connection with the construction of such bridge,
and with anyone else, by the terms of which contracts the state highways
and transportation commission of Missouri and such state highway
commission or suitable public body of any such other state, shall
maintain, operate, and insure such bridge, and fix and collect and apply
tolls thereon, and shall construct and maintain and operate as free state
highways, approaches thereto and shall make and treat as part of the
highway system of their respective states, such entire bridge and any
part of such approaches lying within their respective states; provided,
that as between such commissions or other public bodies of the respective
states, their obligations under such contracts shall be at their joint
expense, but that as between them and the holders of bonds above referred
to or other third parties, the obligations of such commissions or other
public bodies may be joint and several; provided further, that such
holders of bonds or other third parties may enforce all obligations of
such highway commissions or public bodies under such contracts by
mandamus or other suit in law or equity to require such commissions or
public bodies to account as if they were trustees of an express trust for
such holders of bonds or other third parties; and provided further, that
the state of Missouri pledges that the powers of the state highways and
transportation commission of Missouri will not, while any bonds of the
kind above referred to are outstanding, be altered in such a way that the
rights and remedies of the holders of such bonds in any way be impaired;
and provided further, that the authority hereby vested to enter into such
contracts or agreements shall exist only in cases where the tolls
received from the operation of such bridge, after the execution of such
contract or agreements, shall be used solely for the retirement of the
costs of construction of such bridge, with interest thereon, including
bonds issued for that purpose, if any, and where the owner of such bridge
by proper legal action has agreed to transfer or has transferred the
title to and ownership of such bridge, free of cost, to the state of
Missouri and such other state, subject to, but not in assumption of, any
incumbrance, or any part thereof, then existing against any such bridge;
provided further, that the owner of such bridge shall furnish to the said
state highways and transportation commission or other proper authorities
so entering into such contract or agreement a verified statement of the
cost of the construction of such bridge, together with a verified
statement of the sums remaining unpaid at the time of the execution of
such contracts or agreements, including a statement of the terms upon
which the balance of the cost of the construction remaining unpaid, with
interest, including bonds issued for that purpose, if any, is to be paid;
and provided further, that tolls shall be charged for the use of such
bridge only until such time as the cost of the construction thereof, with
interest, including bonds issued for that purpose, if any, shall have
been fully paid, after which such bridge shall become a free bridge.
(RSMo 1939 § 8545)
The state highways and transportation commission is hereby
authorized to take and accept conveyance of title to and ownership of any
such bridge, or part thereof, situated within the state of Missouri,
subject to any incumbrance against any such bridge and pledge of its
tolls previously executed, but not in assumption of any such incumbrance
or part thereof existing upon or against any such bridge at the time of
such conveyance. And such acceptance of title to and ownership of the
same shall not in any manner create any liability, present or future,
upon or against the state of Missouri or the state highways and
transportation commission thereof, for the payment or assumption of any
such incumbrance or any part thereof. (RSMo 1939 § 8546)
Any county, municipality, road district, political or civil
subdivision of a county or of the state, severally or acting with other
authorized agencies in this or adjoining states, may acquire, own and
operate, construct, or aid in the construction, in whole or in part,
improve or extend, and maintain toll bridges, including the approaches
thereto, either within or adjacent to the territory over which such
public agency has jurisdiction and over any of the rivers and waters in
or forming the boundary between this and other states. (RSMo 1939 § 8547)
1. In order to secure funds for the purpose of acquiring,
constructing, owning and operating, improving or extending, and
maintaining toll bridges, and approaches thereto, all public agencies
named in section 234.210 may issue negotiable toll bridge revenue bonds
and sell such bonds to the United States government, or any authorized
agency thereof, or other investor or investors.
2. In the event of the issuance and sale of bonds authorized by sections
234.210 to 234.300 by a public agency, such agency shall charge a
reasonable toll for the use of any such toll bridge, the amount of which
toll shall be sufficient to pay the reasonable cost of maintaining,
repairing and operating such bridge and to provide a sinking fund
sufficient to amortize and repay any such loan, including interest and
financing cost, on such dates and within such period of time as may be
agreed upon between the borrower and the original purchaser of such
revenue bonds, and said tolls shall be used for no other purpose; and any
public body which shall issue bonds under the provisions of sections
234.210 to 234.300 is hereby authorized and required to make all
necessary provisions for the payment of principal and interest on any
such bonds by the fixing, collecting, segregating, and allocating of the
tolls and other revenues received from the operation of said bridge or
bridges.
3. Such public agencies enumerated in section 234.210 may execute liens
in proper form, pledging the revenue derived from the toll from such toll
bridges or parts thereof which are constructed or acquired with funds
borrowed as aforesaid, to the retirement of such bonds; provided,
however, that no revenue bonds or any liens securing such bonds shall be
repaid in whole or in part from any funds arising from taxation, nor
shall any such bonds or liens, given under authority of sections 234.210
to 234.300 constitute a lien on any other property of any such public
agency or a pledge of the credit of such agency; and provided further,
that at such time when all moneys borrowed as aforesaid shall have been
repaid, together with interest and charges thereon, no further toll shall
be charged for the use of such bridges by the traveling public.
4. Such bonds may be made negotiable, may bear interest not to exceed six
percent per annum, and may mature annually or semiannually, and may be
sold at such time and in such manner as the issuing authority may
determine upon. (RSMo 1939 § 8548)
The state highways and transportation commission may, when in
its opinion the best interests of the state require, contribute not to
exceed thirty percent of the cost of construction of such bridge or
bridges when constructed under the provisions of sections 234.210 and
234.220 and when such bridges form a part of or a continuation of the
state highway system, and may incorporate any such toll bridge into the
state highway system and maintain such bridge as a part of the state
highway system; provided, however, that such law shall create no
obligation or responsibility on the part of the state highways and
transportation commission to make any refund for any moneys expended in
the acquisition, construction, maintenance or operation of such bridge.
(RSMo 1939 § 8549)
The public agencies named in section 234.210 may acquire by
purchase or by eminent domain all necessary land, rights-of-way,
easements, materials and supplies for the purpose of acquiring,
constructing, owning and operating, improving or extending, and
maintaining toll bridges, and approaches thereto. (RSMo 1939 § 8550)
Provided that nothing in this law shall authorize or permit the
collection of tolls on any bridge heretofore made toll-free or on any
existing bridge on which tolls are not at present collected. (RSMo 1939 §
8551)
1. For the purpose of redeeming any toll bridge revenue bonds or
toll bridge revenue refunding bonds at maturity, or upon voluntary
surrender by the holder or holders thereof regardless of maturity, or
upon call for redemption of any such bonds prior to maturity, if the
right to make such call was expressly reserved in the issuance of such
bonds, the public agency by which such bonds were issued may issue its
negotiable toll bridge revenue refunding bonds in an amount sufficient to
provide for the payment of the principal amount and the redemption
premium, if any, of the bonds to be redeemed, together with interest
accrued and to accrue thereon to the date of such refunding bonds, and
together also with the expenses necessarily incurred in the issuance of
such refunding bonds.
2. All such refunding bonds shall bear such date, shall mature in such
amount or amounts and at such time or times, shall be payable at such
place or places, shall be executed in such manner, shall bear interest at
a rate not exceeding six percent per annum, and shall be of such
denomination or denominations, all as may be determined by the governing
authority of the public agency by which such refunding bonds are issued,
and such refunding bonds shall be secured and provision for their payment
shall be made in the same manner as in sections 234.210 to 234.300 with
reference to the security for and the payment of original toll bridge
revenue bonds issued hereunder. (L. 1941 p. 525 § 5b)
Toll bridge revenue refunding bonds issued under the provisions
of sections 234.210 to 234.300, may be sold at such time and in such
manner as the issuing authority may determine upon, or such refunding
bonds may be issued and delivered in exchange for and upon surrender and
cancellation of the bonds to be refunded thereby, with adjustment of
interest to be made in cash, if necessary. (L. 1941 p. 525 § 5c)
1. In lieu of issuing toll bridge revenue refunding bonds as
provided for in section 234.220, the governing authority of any public
agency now or hereafter having outstanding bonds issued under the
provisions of sections 234.210 to 234.300, may, with the consent of the
holders of such bonds, extend the maturity date or dates of such bonds
and, with like consent, may also reserve the right to call in, pay and
redeem such bonds on any interest payment date prior to the extended
maturity date or dates thereof, and, with like consent, may also change
the interest rate thereon. All such changes in the terms of such bonds
shall be evidenced by proper endorsement or endorsements to be made on or
attached to such bonds and by attaching to such bonds such appropriate
interest coupons as may be necessary to evidence the interest to accrue
thereon to such extended maturity date or dates. No such extension of
maturity or reservation of the right of redemption prior to maturity, or
change in interest rate shall be construed as changing or varying in any
respect or to any extent any other terms or provisions of such bonds.
2. Upon the making of any such extension or extensions of maturities, or
upon reservation of the right of redemption prior to maturity, or upon
making any change of interest rate, the governing authority of the public
agency by which such bonds were issued shall cause to be certified to the
state auditor of Missouri, for filing in his office, a full transcript of
proceedings and other documents relating to such extension, reservation
or change, but such bonds, bearing such endorsement or endorsements and
having such appropriate interest coupons attached thereto, need not again
be registered by said state auditor. (L. 1941 p. 525 § 5d)
In the issuance of toll bridge revenue bonds or toll bridge
revenue refunding bonds under the provisions of sections 234.210 to
234.300, the issuing authority may reserve unto itself the right, at its
option, to call in, pay and redeem such bonds prior to the maturity date
or dates thereof at such premium as such issuing authority may designate
in such bonds, but not exceeding a premium equal to five percent of the
principal amount of such bonds; provided, however, that whenever it is
desired to exercise the aforesaid right, if reserved in such bonds, the
issuing authority shall cause written notice thereof to be delivered to
the bank or office at which such bonds are payable, and such notice shall
be so delivered not less than thirty days prior to the interest payment
date designated for the redemption of such bonds, after which date, so
designated, no further interest shall accrue on the bonds so called for
redemption. Notice of the exercise of such right shall also be filed with
the state auditor of Missouri, as provided by section 108.260, RSMo. (L.
1941 p. 525 § 5e)
All expenses necessarily incurred under the provisions of
sections 234.260 to 234.290 shall be deemed to be expenses of operation
of any such bridge and may be paid by the issuing authority in the same
manner as other expenses of such operation are paid. (L. 1941 p. 525 § 5f)
All cities in this state now organized and operating under a
special charter, or which are now or hereafter may be organized under the
provisions of section 19 of article VI of the state constitution, are
hereby given the power and authority to build and construct bridges,
viaducts and their approaches thereto; also to acquire, in whole or in
part, by purchase, lease, gift, condemnation proceedings or otherwise,
bridges, viaducts and the approaches thereto already constructed,
together with the necessary lands, rights-of-way, easements, leaseholds,
other property and rights, upon which any such bridge, viaduct, or its
approach are now or may hereafter be constructed, operated and maintained
by private parties, and to own, operate and maintain any such structure
for public use, as and for a public highway for all kinds of vehicles,
pedestrians, railroads and streetcars under such terms and conditions as
the city may lawfully prescribe; and such cities are hereby empowered and
authorized to condemn and pay for any or all such public improvements so
constructed or acquired, together with the necessary lands,
rights-of-way, easements, leaseholds, other property and rights, upon
which any such bridge, viaduct or its approach are now or may hereafter
be constructed, operated and maintained, in the manner aforesaid, either
in whole or in part out of the general funds of the city, in whole or in
part out of money raised from the sale of municipal bonds for that
purpose, in whole or in part by special assessments. (RSMo 1939 § 8559,
A.L. 1945 p. 1488)
Prior revisions: 1929 § 14844; 1919 § 13815
In the event the whole or any part of the cost of such bridge or
viaduct or the approaches thereto, or the right-of-way therefor, or any
interest therein, or any other property and rights upon which any such
bridge, viaduct or its approaches are now or may hereafter be
constructed, operated and maintained, shall be sought to be condemned by
such city and paid for by special assessments against any private
property, subject to special assessment as may now or hereafter be
prescribed by the charter of such city, the common council, or two houses
of legislation, of such city shall so declare by ordinance, and the city,
if it so desires, may proceed with such condemnation in the manner now
prescribed or which hereafter may be prescribed by the charter of such
city for the taking or damaging of private property for public use; but
no part of such structure sought to be condemned shall be removed by the
owner thereof, and it shall not be necessary to file detailed plans of
such structure with such proceedings, but a general description of such
structure may be made in the ordinance. All special assessments shall be
made and collected in accordance with the charter provisions above
referred to. (RSMo 1939 § 8560)
Prior revisions: 1929 § 14845; 1919 § 13816
The provisions of sections 234.310 and 234.320 shall not
abrogate or impair any right or power which such cities may now or
hereafter have to build and construct bridges and viaducts and their
approaches thereto, or to acquire, in whole or in part, by purchase,
lease, gift, condemnation proceedings or otherwise, bridges, viaducts and
the approaches thereto already constructed, together with the necessary
lands, rights-of-way, easements, leaseholds, other property and rights,
upon which any such bridge, viaduct or its approaches are now or may
hereafter be constructed, operated and maintained by private parties, and
to own, operate and maintain any such structure for public use as and for
a public highway for all kinds of vehicles, pedestrians, railroads and
streetcars. (RSMo 1939 § 8561)
Prior revisions: 1929 § 14846; 1919 § 13817
All cities in this state having one hundred thousand inhabitants
or over are hereby given the power and authority to build or acquire, by
purchase, lease, gift or otherwise, within their corporate limits or
within a reasonable distance outside thereof, a bridge or bridges, or a
tunnel or tunnels, for public use by railroads, streetcars, vehicles of
all kinds and pedestrians, over or under rivers and streams in Missouri
or those forming a boundary between this and other states, and to
acquire, hold, use and retain, by purchase, lease, gift or otherwise,
land to be used for approaches for and in the construction, operation and
maintenance of said bridge or bridges, tunnel or tunnels, in this and
other states, and to maintain, use and operate said bridge or bridges,
tunnel or tunnels, either as toll or free bridges or tunnels, as may by
said cities be deemed expedient. (RSMo 1939 § 7574) Prior revisions: 1929
§ 7431; 1919 § 8839; 1909 § 9688
Within ninety days after this law becomes effective the governor
shall, by and with the advice and consent of the senate, appoint five
commissioners of the Tennessee-Missouri Bridge Commission created by
compact between the states of Missouri and Tennessee. If the senate is
not in session at the time for making any appointment, the governor shall
make a temporary appointment as in case of a vacancy. All commissioners
so appointed shall be qualified voters of the state of Missouri and shall
reside within the county of Pemiscot, Missouri, or counties adjacent
thereto. (L. 1949 p. 625 § 1)
*The Reorganization Act of 1974 transferred this commission to the
department of transportation and provides that the members shall be
appointed by the highways and transportation commission. See Section
226.007.
Of the commissioners first appointed one shall be appointed to
serve for a term of one year, one for two years, one for three years, one
for four years and one for five years. At the expiration of the term of
each commissioner and of each succeeding commissioner, the governor
shall, by and with the advice and consent of the senate, appoint a
successor who shall hold office for a term of five years. Each
commissioner shall hold office until his successor has been appointed and
qualified. (L. 1949 p. 625 § 2)
*See note following § 234.370.
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