St. Charles County, MO
 
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Table of Contents
Table of Contents
[Ord. No. 95-185 §2, 11-29-1995]
A. 
There is hereby created the St. Charles County Road Board to evaluate and recommend to the County Executive and the County Council road and bridge projects to be funded by the capital improvements sales tax in the incorporated and unincorporated areas of the County.
B. 
Recommendations of the Road Board shall be formulated in three (3) separate components:
1. 
The Ten Year Transportation Improvement Program;
2. 
The Three Year Transportation Improvement Plan; and
3. 
The annual funding recommendations derived from the Three Year Transportation Improvement Plan. Projects shall be recommended for funding from the capital improvements sales tax for purposes which may include traffic relief, construction, reconstruction and repair of roads and bridges within St. Charles County.
[Ord. No. 95-185 §3, 11-29-1995]
The Road Board shall be composed of twelve (12) members who shall be appointed to initial terms as set out below. The terms of members appointed thereafter shall be for four (4) years. Pursuant to Article V of the Charter, such appointments shall be made by the County Executive and approved by the County Council. Membership on the Road Board shall consist of registered voters who have resided in St. Charles County for a period of not less than one (1) year. No member of the Road Board shall be an elected member of the governing body of the County or of the governing body of any political subdivision within the County or, in the case of the appointees representing the five (5) cities, shall be an employee of the City they are appointed to represent. Representatives of Council District may reside in incorporated or unincorporated areas of the District. Members of the Road Board may be renominated for additional terms.
[1]
Editor's Note—Section 120.800 "initial appointments" was removed at the instruction of the County due to its obsolescence. Former section 120.800 derived from ord. no. 95-185 §4, 11-29-1995.
[Ord. No. 95-185 §5, 11-29-1995; Ord. No. 04-040 §1, 3-31-2004]
The Road Board shall select a Chairman and Vice-Chairman annually during its first (1st) regularly scheduled meeting for the calendar year. The Chairman and Vice-Chairman will be selected by a simple majority of those members present. The Vice-Chairman shall assume the duties of the Chairman in the absence of the Chairman. The Chairman shall have a voice in all matters but shall have no vote, except in case of a tie.
[Ord. No. 95-185 §6, 11-29-1995]
Members who shall miss three (3) consecutive regular meetings unless due to verifiable serious illness or incapacity, shall automatically forfeit their membership on the Road Board and shall be ineligible for reappointment for a period of one (1) year. Vacancies on the Road Board as a result of such forfeiture, or by reason of death, incapacity to perform duties or resignation shall be filled forthwith by appointment pursuant to Section 5.104 of the St. Charles County Charter.
[Ord. No. 95-185 §§7—8, 11-29-1995; Ord. No. 03-205 §1, 12-31-2003]
A. 
Three Year Plan Or Transportation Improvement Plan. On or before October first (1st) of each year the Road Board will present to the County Executive and the County Council a proposed Transportation Improvement Plan for the three (3) upcoming fiscal years along with specific projects recommended for funding in the upcoming fiscal year. The Road Board shall solicit comment from citizens, County staff, elected officials and from representatives of the municipalities located within the County, as necessary, to formulate recommendations for priority projects. Such priority projects shall be included in the proposed Transportation Improvement Plan.
B. 
Ten Year Plan Or Transportation Improvement Program. The Ten Year Transportation Improvement Program or "Ten Year Program" first approved by the Road Board on January 19, 1994, is hereby acknowledged. When appropriate in light of continued growth in St. Charles County, the Road Board shall revise the Ten Year Program and recommend its revisions to the St. Charles County Council for adoption by ordinance. The Road Board shall recommend projects in the Transportation Improvement Plan which adhere as closely as possible to those projects identified in the Ten Year Program, understanding that as demographics of the County change, the Road Board shall consider these changes when making project allocations whether they had previously been included in the Ten Year Program or not. Such recommendations shall be based upon the following priorities for funding:
First Priority:
New Arterial Roadways or Improvements to Existing Arterials
Second Priority:
Congestion Mitigation/Safety on Non-Arterial Roads
Third Priority:
Economic Development Enhancement Projects
Recommendations shall identify the applicable priority category.
[Ord. No. 95-185 §9, 11-29-1995]
The County Executive, in consideration of the recommendations of the Road Board, shall submit to the County Council a three (3) year Transportation Improvement Plan on or before November first (1st) of each year, along with a list of projects recommended for appropriation from the capital improvements sales tax for the upcoming fiscal year which shall be included in the annual County Budget Ordinance. The County Council shall revise, as necessary, and approve the Transportation Improvement Plan by December thirty-first (31st) of each year.
[Ord. No. 95-185 §10, 11-29-1995]
The Road Board annual budget recommendation shall include a minimum of six hundred thousand dollars ($600,000.00) for the purpose of County improvements to rural roads and bridges which would otherwise not be improved due to the lack of available road and bridge funds. Transportation funds from the one-half cent ($.005) sales tax shall not be used for maintenance purposes.
[Ord. No. 95-185 §11, 11-29-1995]
Municipalities shall provide a match in the amount of at least ten percent (10%) of the total cost of the project they submit. The Road Board may recommend to the County Executive and the County Council that the matching fund requirement be waived or reduced, but in all such recommendations the reason for the waiver or reduction shall be stated. The County Executive shall not execute any contract with a municipality unless the ten percent (10%) matching fund requirement has been satisfied or unless the County Council waives or reduces the matching requirement by ordinance.
[Ord. No. 95-185 §§12—13, 11-29-1995; Ord. No. 04-040 §2, 3-31-2004]
A. 
Funds appropriated in the annual County budget from the capital improvements sales tax for road and bridge projects in a municipality are eligible to be released for use after the respective municipality and the County enter into a contract for the disbursement of the funds, subject to Subsection (B) hereof. Such contract shall include a complete description of the project to be funded, and allocation of the responsibilities of the parties.
B. 
Disbursement of funds to the municipalities for project costs shall be paid by the County after the expenditures for which reimbursement is sought have been incurred.
[Ord. No. 95-185 §14, 11-29-1995]
The County shall not expend from the capital improvements sales tax in excess of sixty-five percent (65%) of the total project costs of any improvement on the Federal or State highway system for any contract entered into after the effective date of the ordinance.
[Ord. No. 95-185 §15, 11-29-1995]
No member of the Road Board shall participate in the discussion or vote concerning a recommendation of any project to the County Executive if a conflict of interest pursuant to the Charter or Chapter 105, RSMo, would be involved.
[Ord. No. 95-185 §16, 11-29-1995]
The Road Board shall meet not less than quarterly. The Road Board shall comply with the requirements of Chapter 610, RSMo., known as the Missouri Sunshine Law.
[Ord. No. 95-185 §17, 11-29-1995]
A. 
The Road Board shall observe the following procedural rules while taking evidence at hearings or meetings:
1. 
Any interested person may introduce evidence so long as it complies with these rules and the fundamental rules of evidence.
2. 
Oral evidence shall only be taken in compliance with the requirements contained in this Section.
3. 
Any proceedings shall be suitably recorded and preserved. A copy of the transcript or recording of such proceedings shall be made available to any interested person upon the payment of a fee which shall reflect the cost of preparation and supply.
4. 
Records and documents of the Road Board may be introduced as a part of the record at a hearing or meeting.
5. 
The Road Board shall take official notice of the St. Charles County Charter and ordinances and all matters of which the courts take judicial notice. They may also take official notice of technical or scientific facts, not judicially cognizable, within their competence, if they notify the parties either before or during the hearing of the facts of which they propose to take such notice. The Road Board in such instance shall give the parties reasonable opportunity to contest such facts or otherwise show that it would not be proper for the Road Board to take such notice of the facts.
6. 
Copies of writings, documents and records shall be admissible without proof that the originals thereof cannot be produced, if it shall appear by testimony or affidavit or certification from the custodian of the records that the copy offered is a true copy of the original.
[Ord. No. 95-185 §18, 11-29-1995]
The Road Board shall record any decision regarding the recommendation to distribute any funds and shall include such record in its official minutes and shall notify the County Executive and the County Council of such a decision.
[Ord. No. 95-185 §19, 11-29-1995]
A. 
The Road Board may adopt rules of procedure consistent with the provisions of State and Federal law, the St. Charles County Charter and the ordinances duly enacted by the governing body of this County.
1. 
Rules adopted by the Road Board must be so adopted by a majority of the Board.
2. 
A copy of the rules adopted by the Road Board shall be filed with the County Registrar.
3. 
The Road Board may amend such rules of procedure by following the same requirements for the adoption of such rules.
4. 
In any area in which the Road Board has not adopted rules of procedure, the Board shall follow Robert's Rules of Order.
[1]
Editor's Note—Reference to county clerk was changed to county registrar in accordance with Ord. no. 01-121, adopted 9-26-2001, set out in §129.010 of this code.
[Ord. No. 95-185 §20, 11-29-1995; Ord. No. 04-040 §3, 3-31-2004]
A. 
The Road Board shall keep a record of all its proceedings:
1. 
The record shall be approved by the Road Board and signed by the Chair.
2. 
Within thirty (30) days following their approval by the Road Board, the Road Board shall file with the County Registrar the approved minutes of its proceedings.
3. 
A quorum of the members of the Road Board shall be present for the transaction of any business, for the performance of any duty or for the exercise of any power of the Board. A majority of the Board shall constitute a quorum.
[1]
Editor's Note—Reference to county clerk was changed to county registrar in accordance with ord. no. 01-121, adopted 9-26-2001, set out in §129.010 of this code.