238.220. Directors, election of, how, qualifications--advisors, appointed when, duties.
Directors, election of, how, qualifications--advisors, appointed when,duties.
238.220. 1. Notwithstanding anything to the contrary contained insection 238.216, if any persons eligible to be registered voters residewithin the district the following procedures shall be followed:
(1) After the district has been declared organized, the court shallupon petition of any interested person order the county clerk to cause anelection to be held in all areas of the district within one hundred twentydays after the order establishing the district, to elect the district boardof 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 tothe county clerk and shall file with the election authority of such countya statement under oath that he or she possesses all of the qualificationsset out in this section for a director. Thereafter, such candidate shallhave his or her name placed on the ballot as a candidate for director;
(3) The director or directors to be elected shall be elected atlarge. The candidate receiving the most votes from qualified voters shallbe elected to the position having the longest term, the second highesttotal votes elected to the position having the next longest term, and soforth. Each initial director shall serve the one-, two- or three-year termto which he or she was elected, and until a successor is duly elected andqualified. Each successor director shall serve a three-year term. Thedirectors shall nominate and elect an interim director to complete anyunexpired term of a director caused by resignation or disqualification; and
(4) Each director shall be a resident of the district. Directorsshall be registered voters at least twenty-one years of age.
2. Notwithstanding anything to the contrary contained in section238.216, if no persons eligible to be registered voters reside within thedistrict, the following procedures shall apply:
(1) Within thirty days after the district has been declaredorganized, the circuit clerk of the county in which the petition was filedshall, upon giving notice by causing publication to be made once a week fortwo 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 ofthe meeting required by this section, call a meeting of the owners of realproperty within the district at a day and hour specified in a public placein the county in which the petition was filed for the purpose of electing aboard of not less than five and not more than fifteen directors, to becomposed of owners or representatives of owners of real property in thedistrict; provided that, if all the owners of property in the districtjoined in the petition for formation of the district, such meeting may becalled by order of the court without further publication. For the purposesof determining board membership, the owner or owners of real propertywithin the district and their legally authorized representative orrepresentatives shall be deemed to be residents of the district; forbusiness organizations and other entities owning real property within thedistrict, the individual or individuals legally authorized to represent thebusiness organizations or entities in regard to the district shall bedeemed to be a resident of the district;
(2) The property owners, when assembled, shall organize by theelection of a chairman and secretary of the meeting who shall conduct theelection. At the election, each acre of real property within the districtshall represent one share, and each owner may have one vote in person or byproxy for every acre of real property owned by such person within thedistrict;
(3) The one-third of the initial board members receiving the mostvotes shall be elected to positions having a term of three years. Theone-third of initial board members receiving the next highest number ofvotes shall be elected to positions having a term of two years. The lowestone-third of initial board members receiving sufficient votes shall beelected to positions having a term of one year. Each initial directorshall serve the term to which he or she was elected, and until a successoris duly elected and qualified. Successor directors shall be elected in thesame manner as the initial directors at a meeting of the real propertyowners called by the board. Each successor director shall serve athree-year term. The directors shall nominate and elect an interimdirector to complete any unexpired term of a director caused by resignationor disqualification;
(4) Directors shall be at least twenty-one years of age.
3. Notwithstanding any provision of section 238.216 and this sectionto the contrary, if the petition for formation of the district was filedpursuant to subsection 5 of section 238.207, the following procedures shallbe followed:
(1) If the district is comprised of four or more local transportationauthorities, the board of directors shall consist of the presiding officerof each local transportation authority within the district. If thedistrict is comprised of two or three local transportation authorities, theboard of directors shall consist of the presiding officer of each localtransportation authority within the district and one person designated bythe governing body of each local transportation authority within thedistrict;
(2) Each director shall be at least twenty-one years of age and aresident or property owner of the local transportation authority thedirector represents. A director designated by the governing body of alocal transportation authority may be removed by such governing body at anytime with or without cause; and
(3) Upon the assumption of office of a new presiding officer of alocal transportation authority, such individual shall automatically succeedhis predecessor as a member of the board of directors. Upon the removal,resignation or disqualification of a director designated by the governingbody of a local transportation authority, such governing body shalldesignate 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 allboard meetings and discussions, whether open or closed, and shall haveaccess to all records of the district and its board of directors.
5. If the proposed project is not intended to be merged into thestate highways and transportation system under the commission'sjurisdiction, the local transportation authority that will assumemaintenance of the project shall appoint one or more advisors to the boardof directors who shall have the same rights as advisors appointed by thecommission.
6. Any county or counties located wholly or partially within thedistrict which is not a local transportation authority pursuant tosubdivision (4) of subsection 1 of section 238.202 may appoint one or moreadvisors to the board who shall have the same rights as advisors appointedby the commission.
(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)