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Section: 067.0797 Board of directors appointed for district or elected in certain districts (Clay County), qualifications--terms--officers--powers and duties--money to be deposited in treasury of county containing largest portion of district. RSMO 67.797


Published: 2015

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Missouri Revised Statutes













Chapter 67

Political Subdivisions, Miscellaneous Powers

←67.796

Section 67.797.1

67.798→

August 28, 2015

Board of directors appointed for district or elected in certain districts (Clay County), qualifications--terms--officers--powers and duties--money to be deposited in treasury of county containing largest portion of district.

67.797. 1. When a regional recreational district is organized in only

one county, the executive, as that term is defined in subdivision (4) of

section 67.750, with the advice and consent of the governing body of the

county shall appoint a board of directors for the district consisting of seven

persons, chosen from the residents of the district. Where the district is in

more than one county, the executives, as defined in subdivision (4) of

section 67.750, of the counties in the district, with the advice and consent

of the governing bodies of each county shall, as nearly as practicable, evenly

appoint such members and allocate staggered terms pursuant to subsection 2 of

this section, with the county having the largest area within the district

appointing a greater number of directors if the directors cannot be appointed

evenly. No member of the governing body of the county or official of any

municipal government located within the district shall be a member of the

board and no director shall receive compensation for performance of duties as

a director. Members of the board of directors shall be citizens of the

United States and they shall reside within the district. No board member

shall be interested directly or indirectly in any contract entered into

pursuant to sections 67.792 to 67.799.



2. The directors appointed to the regional recreation district shall hold

office for three-year terms, except that of the members first appointed, two

shall hold office for one year, two shall hold office for two years and three

shall hold office for three years. The executives of the counties within the

regional recreational district shall meet to determine and implement a fair

allocation of the staggered terms among the counties, provided that counties

eligible to appoint more than one board member may not appoint board members

with identical initial terms until each of a one-year, two-year and

three-year initial term has been applied to such county. On the expiration

of such initial terms of appointment and on the expiration of any subsequent

term, the resulting vacancies shall be filled by the executives of the

respective counties, with the advice and consent of the respective governing

bodies. All vacancies on the board shall be filled in the same manner for

the duration of the term being filled. Board members shall serve until their

successors are named and such successors have commenced their terms as board

members. Board members shall be eligible for reappointment. Upon the

petition of the county executive of the county from which the board member

received his or her appointment, the governing body of the county may remove

any board member for misconduct or neglect of duties.



3. Notwithstanding any other provision of sections 67.750 to 67.799 to

the contrary, after August 28, 2004, in any district located in whole or in

part in any county of the first classification with more than one hundred

eighty-four thousand but less than one hundred eighty-eight thousand

inhabitants, upon the expiration of such initial terms of appointment and on

the expiration of any subsequent term, the resulting vacancies shall be

filled by election at the next regularly scheduled election date throughout

the district. In the event that a vacancy exists before the expiration of a

term, the governing body of the county shall appoint a member for the

remainder of the unexpired term. Board members shall be elected for terms of

three years. Such elections shall be held according to this section and the

applicable laws of this state. If no person files as a candidate for election

to the vacant office within the applicable deadline for filing as a

candidate, then the governing body of any such county shall appoint a person

to be a member of the board for a term of three years. Any appointed board

members shall be eligible to run for office.



4. Directors shall immediately after their appointment meet and organize

by the election of one of their number president, and by the election of such

other officers as they may deem necessary. The directors shall make and

adopt such bylaws, rules and regulations for their guidance and for the

government of the parks, neighborhood trails and recreational grounds and

facilities as may be expedient, not inconsistent with sections 67.792 to

67.799. They shall have the exclusive control of the expenditures of all

money collected to the credit of the regional recreational fund and of the

supervision, improvement, care and custody of public parks, neighborhood

trails, recreational facilities and grounds owned, maintained or managed by

the district. All moneys received for such purposes shall be deposited in

the treasury of the county containing the largest portion of the district to

the credit of the regional recreational fund and shall be kept separate and

apart from the other moneys of such county. Such board shall have power to

purchase or otherwise secure ground to be used for such parks, neighborhood

trails, recreational grounds and facilities, shall have power to appoint

suitable persons to maintain such parks, neighborhood trails and recreational

facilities and administer recreational programs and fix their compensation,

and shall have power to remove such appointees.



5. The board of directors may issue debt for the district pursuant to

section 67.798.



6. If a county, or a portion of a county, not previously part of any

district, shall enter a district, the executives of the new member county and

any previous member counties shall promptly meet to apportion the board seats

among the counties participating in the enlarged district. All purchases in

excess of ten thousand dollars used in the construction or maintenance of any

public park, neighborhood trail or recreational facility in the regional

recreation district shall be made pursuant to the lowest and best bid standard

as provided in section 34.040 or pursuant to the lowest and best proposal

standard as provided in section 34.042. The board of the district shall have

the same discretion, powers and duties as the commissioner of administration

has in sections 34.040 and 34.042.



7. Notwithstanding any other provisions in this section to the contrary,

when a regional recreational district is organized in only one county on land

owned solely by the county, the governing body of the county shall have

exclusive control of the expenditures of all moneys collected to the credit of

the regional recreational fund, and of the supervision, improvement, care,

and custody of public parks, neighborhood trails, recreational facilities,

and grounds owned, maintained, or managed by the county within the district.



(L. 1995 H.B. 88 § 6, A.L. 1999 S.B. 405, A.L. 2004 H.B. 1494, A.L.

2007 S.B. 22 merged with S.B. 233)





2004

1999



2004



67.797. 1. When a regional recreational district is organized in

only one county, the executive, as that term is defined in subdivision (4)

of section 67.750, with the advice and consent of the governing body of the

county shall appoint a board of directors for the district consisting of

seven persons, chosen from the residents of the district. Where the

district is in more than one county, the executives, as defined in

subdivision (4) of section 67.750, of the counties in the district shall,

with the advice and consent of the governing bodies of each county shall,

as nearly as practicable, evenly appoint such members and allocate

staggered terms pursuant to subsection 2 of this section, with the county

having the largest area within the district appointing a greater number of

directors if the directors cannot be appointed evenly. No member of the

governing body of the county or official of any municipal government

located within the district shall be a member of the board and no director

shall receive compensation for performance of duties as a director.

Members of the board of directors shall be citizens of the United States

and they shall reside within the district. No board member shall be

interested directly or indirectly in any contract entered into pursuant to

sections 67.792 to 67.799.



2. The directors appointed to the regional recreation district shall

hold office for three-year terms, except that of the members first

appointed, two shall hold office for one year, two shall hold office for

two years and three shall hold office for three years. The executives of

the counties within the regional recreational district shall meet to

determine and implement a fair allocation of the staggered terms among the

counties, provided that counties eligible to appoint more than one board

member may not appoint board members with identical initial terms until

each of a one-year, two-year and three-year initial term has been applied

to such county. On the expiration of such initial terms of appointment and

on the expiration of any subsequent term, the resulting vacancies shall be

filled by the executives of the respective counties, with the advice and

consent of the respective governing bodies. All vacancies on the board

shall be filled in the same manner for the duration of the term being

filled. Board members shall serve until their successors are named and

such successors have commenced their terms as board members. Board members

shall be eligible for reappointment. Upon the petition of the county

executive of the county from which the board member received his or her

appointment, the governing body of the county may remove any board member

for misconduct or neglect of duties.



3. Notwithstanding any other provision of sections 67.750 to 67.799,

to the contrary, after August 28, 2004, in any district located in whole or

in part in any county of the first classification with more than one

hundred eighty-four thousand but less than one hundred eighty-eight

thousand inhabitants, upon the expiration of such initial terms of

appointment and on the expiration of any subsequent term, the resulting

vacancies shall be filled by election at the next regularly scheduled

election date throughout the district. In the event that a vacancy exists

before the expiration of a term, the governing body of the county shall

appoint a member for the remainder of the unexpired term. Board members

shall be elected for terms of three years. Such elections shall be held

according to this section and the applicable laws of this state. If no

person files as a candidate for election to the vacant office within the

applicable deadline for filing as a candidate, then the governing body of

any such county shall appoint a person to be a member of the board for a

term of three years. Any appointed board members shall be eligible to run

for office.



4. Directors shall immediately after their appointment meet and

organize by the election of one of their number president, and by the

election of such other officers as they may deem necessary. The directors

shall make and adopt such bylaws, rules and regulations for their guidance

and for the government of the parks, neighborhood trails and recreational

grounds and facilities as may be expedient, not inconsistent with sections

67.792 to 67.799. They shall have the exclusive control of the

expenditures of all money collected to the credit of the regional

recreational fund and of the supervision, improvement, care and custody of

public parks, neighborhood trails, recreational facilities and grounds

owned, maintained or managed by the district. All moneys received for such

purposes shall be deposited in the treasury of the county containing the

largest portion of the district to the credit of the regional recreational

fund and shall be kept separate and apart from the other moneys of such

county. Such board shall have power to purchase or otherwise secure ground

to be used for such parks, neighborhood trails, recreational grounds and

facilities, shall have power to appoint suitable persons to maintain such

parks, neighborhood trails and recreational facilities and administer

recreational programs and fix their compensation, and shall have power to

remove such appointees.



5. The board of directors may issue debt for the district pursuant to

section 67.798.



6. If a county, or a portion of a county, not previously part of any

district, shall enter a district, the executives of the new member county

and any previous member counties shall promptly meet to apportion the board

seats among the counties participating in the enlarged district. All

purchases in excess of ten thousand dollars used in the construction or

maintenance of any public park, neighborhood trail or recreational facility

in the regional recreation district shall be made pursuant to the lowest

and best bid standard as provided in section 34.040, RSMo, or pursuant to

the lowest and best proposal standard as provided in section 34.042, RSMo.

The board of the district shall have the same discretion, powers and duties

as the commissioner of administration has in sections 34.040 and 34.042,

RSMo.



1999



67.797. 1. When a regional recreational district is organized in

only one county, the executive, as that term is defined in subdivision (4)

of section 67.750, with the advice and consent of the governing body of the

county shall appoint a board of directors for the district consisting of

seven persons, chosen from the residents of the district. Where the

district is in more than one county, the executives, as defined in

subdivision (4) of section 67.750, of the counties in the district shall,

with the advice and consent of the governing bodies of each county shall,

as nearly as practicable, evenly appoint such members and allocate

staggered terms pursuant to subsection 2 of this section, with the county

having the largest area within the district appointing a greater number of

directors if the directors cannot be appointed evenly. No member of the

governing body of the county or official of any municipal government

located within the district shall be a member of the board and no director

shall receive compensation for performance of duties as a director.

Members of the board of directors shall be citizens of the United States

and they shall reside within the district. No board member shall be

interested directly or indirectly in any contract entered into pursuant to

sections 67.792 to 67.799.



2. The directors appointed to the regional recreation district shall

hold office for three-year terms, except that of the members first

appointed, two shall hold office for one year, two shall hold office for

two years and three shall hold office for three years. The executives of

the counties within the regional recreational district shall meet to

determine and implement a fair allocation of the staggered terms among the

counties, provided that counties eligible to appoint more than one board

member may not appoint board members with identical initial terms until

each of a one-year, two-year and three-year initial term has been applied

to such county. On the expiration of such initial terms of appointment and

on the expiration of any subsequent term, the resulting vacancies shall be

filled by the executives of the respective counties, with the advice and

consent of the respective governing bodies. All vacancies on the board

shall be filled in the same manner for the duration of the term being

filled. Board members shall serve until their successors are named and

such successors have commenced their terms as board members. Board members

shall be eligible for reappointment. Upon the petition of the county

executive of the county from which the board member received his or her

appointment, the governing body of the county may remove any board member

for misconduct or neglect of duties.



3. Directors shall immediately after their appointment meet and

organize by the election of one of their number president, and by the

election of such other officers as they may deem necessary. The directors

shall make and adopt such bylaws, rules and regulations for their guidance

and for the government of the parks, neighborhood trails and recreational

grounds and facilities as may be expedient, not inconsistent with sections

67.792 to 67.799. They shall have the exclusive control of the

expenditures of all money collected to the credit of the regional

recreational fund and of the supervision, improvement, care and custody of

public parks, neighborhood trails, recreational facilities and grounds

owned, maintained or managed by the district. All moneys received for such

purposes shall be deposited in the treasury of the county containing the

largest portion of the district to the credit of the regional recreational

fund and shall be kept separate and apart from the other moneys of such

county. Such board shall have power to purchase or otherwise secure ground

to be used for such parks, neighborhood trails, recreational grounds and

facilities, shall have power to appoint suitable persons to maintain such

parks, neighborhood trails and recreational facilities and administer

recreational programs and fix their compensation, and shall have power to

remove such appointees.



4. The board of directors may issue debt for the district pursuant to

section 67.798.



5. If a county, or a portion of a county, not previously part of any

district, shall enter a district, the executives of the new member county

and any previous member counties shall promptly meet to apportion the board

seats among the counties participating in the enlarged district. All

purchases in excess of ten thousand dollars used in the construction or

maintenance of any public park, neighborhood trail or recreational facility

in the regional recreation district shall be made pursuant to the lowest

and best bid standard as provided in section 34.040, RSMo, or pursuant to

the lowest and best proposal standard as provided in section 34.042, RSMo.

The board of the district shall have the same discretion, powers and duties

as the commissioner of administration has in sections 34.040 and 34.042,

RSMo.



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