[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.
[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:
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First Priority:
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New Arterial Roadways or Improvements to Existing Arterials
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Second Priority:
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Congestion Mitigation/Safety on Non-Arterial Roads
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Third Priority:
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Economic Development Enhancement Projects
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Recommendations shall identify the applicable priority category.
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[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.
[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.
