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Title XIV ROADS AND WATERWAYS

Chapter 238

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  238.220.  Directors, election of, how, qualifications — advisors, appointed when, duties. — 1.  Notwithstanding anything to the contrary contained in section 238.216, if any persons eligible to be registered voters reside within the district the following procedures shall be followed:

  (1)  After the district has been declared organized, the court shall upon petition of any interested person order the county clerk to cause an election to be held in all areas of the district within one hundred twenty days after the order establishing the district, to elect the district board of directors which shall be not less than five nor more than fifteen;

  (2)  Candidates shall pay the sum of five dollars as a filing fee to the county clerk and shall file with the election authority of such county a statement under oath that he or she possesses all of the qualifications set out in this section for a director.  Thereafter, such candidate shall have his or her name placed on the ballot as a candidate for director;

  (3)  The director or directors to be elected shall be elected at large. The candidate receiving the most votes from qualified voters shall be elected to the position having the longest term, the second highest total votes elected to the position having the next longest term, and so forth.  Each initial director shall serve the one-, two- or three-year term to which he or she was elected, and until a successor is duly elected and qualified.  Each successor director shall serve a three-year term.  The directors shall nominate and elect an interim director to complete any unexpired term of a director caused by resignation or disqualification; and

  (4)  Each director shall be a resident of the district.  Directors shall be registered voters at least twenty-one years of age.

  2.  Notwithstanding anything to the contrary contained in section 238.216, if no persons eligible to be registered voters reside within the district, the following procedures shall apply:

  (1)  Within thirty days after the district has been declared organized, the circuit clerk of the county in which the petition was filed shall, upon giving notice by causing publication to be made once a week for two consecutive weeks in a newspaper of general circulation in the county, the last publication of which shall be at least ten days before the day of the meeting required by this section, call a meeting of the owners of real property within the district at a day and hour specified in a public place in the county in which the petition was filed for the purpose of electing a board of not less than five and not more than fifteen directors, to be composed of owners or representatives of owners of real property in the district; provided that, if all the owners of property in the district joined in the petition for formation of the district, such meeting may be called by order of the court without further publication.  For the purposes of determining board membership, the owner or owners of real property within the district and their legally authorized representative or representatives shall be deemed to be residents of the district; for business organizations and other entities owning real property within the district, the individual or individuals legally authorized to represent the business organizations or entities in regard to the district shall be deemed to be a resident of the district;

  (2)  The property owners, when assembled, shall organize by the election of a chairman and secretary of the meeting who shall conduct the election.  At the election, each acre of real property within the district shall represent one share, and each owner may have one vote in person or by proxy for every acre of real property owned by such person within the district;

  (3)  The one-third of the initial board members receiving the most votes shall be elected to positions having a term of three years.  The one-third of initial board members receiving the next highest number of votes shall be elected to positions having a term of two years.  The lowest one-third of initial board members receiving sufficient votes shall be elected to positions having a term of one year.  Each initial director shall serve the term to which he or she was elected, and until a successor is duly elected and qualified.  Successor directors shall be elected in the same manner as the initial directors at a meeting of the real property owners called by the board.  Each successor director shall serve a three-year term.  The directors shall nominate and elect an interim director to complete any unexpired term of a director caused by resignation or disqualification;

  (4)  Directors shall be at least twenty-one years of age.

  3.  Notwithstanding any provision of section 238.216 and this section to the contrary, if the petition for formation of the district was filed pursuant to subsection 5 of section 238.207, the following procedures shall be followed:

  (1)  If the district is comprised of four or more local transportation authorities, the board of directors shall consist of the presiding officer of each local transportation authority within the district.  If the district is comprised of two or three local transportation authorities, the board of directors shall consist of the presiding officer of each local transportation authority within the district and one person designated by the governing body of each local transportation authority within the district;

  (2)  Each director shall be at least twenty-one years of age and a resident or property owner of the local transportation authority the director represents.  A director designated by the governing body of a local transportation authority may be removed by such governing body at any time with or without cause; and

  (3)  Upon the assumption of office of a new presiding officer of a local transportation authority, such individual shall automatically succeed his predecessor as a member of the board of directors.  Upon the removal, resignation or disqualification of a director designated by the governing body of a local transportation authority, such governing body shall designate a successor director.

  4.  The commission shall appoint one or more advisors to the board, who shall have no vote but shall have the authority to participate in all board meetings and discussions, whether open or closed, and shall have access to all records of the district and its board of directors.

  5.  If the proposed project is not intended to be merged into the state highways and transportation system under the commission's jurisdiction, the local transportation authority that will assume maintenance of the project shall appoint one or more advisors to the board of directors who shall have the same rights as advisors appointed by the commission.

  6.  Any county or counties located wholly or partially within the district which is not a local transportation authority pursuant to subdivision (4) of subsection 1 of section 238.202 may appoint one or more advisors to the board who shall have the same rights as advisors appointed by the commission.

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(L. 1990 S.B. 479 & 649 § 43, A.L. 1997 S.B. 303, A.L. 2001 H.B. 202, A.L. 2003 H.B. 668, A.L. 2007 S.B. 22)


---- end of effective   28 Aug 2007 ----

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