229.040. Road construction--contracts--plans--supervision. - Missouri Statutes

Road construction--contracts--plans--supervision.

229.040. 1. Whenever any public money, whether arising fromtaxation or from bonds heretofore or hereafter issued, is to beexpended in the construction, reconstruction or other improvementof any road, or bridge or culvert, the county commission,township board or road district commissioners, as the case maybe, shall have full power and authority to construct, reconstructor otherwise improve any road, and to construct any bridge orculvert in such county or other political subdivision of thestate, and to that end may contract for such work, or maypurchase machinery, employ operators and purchase neededmaterials and employ necessary help and do such work by daylabor.

2. The county commission, the township board or roaddistrict commissioners may accept donations of labor or materialsfrom interested parties either on road improvements or bridgeconstructions and said authority may employ labor or contractorsto complete said improvements.

3. Before beginning the construction or improvement of anyroad, bridge or culvert by day labor or by contract, the plans,specifications, estimates of drainage, maps, profiles, estimatesof cost and the specific location of such road, bridge or culvertshall be filed in the office of the county clerk, township clerk,or commissioner of road district, as the case may be, and beforebecoming effective shall be approved by said county, township orroad district authorities.

4. On completion of the work a detailed statement of thecost shall be filed as in section 229.050 provided, and shall berecorded in the book wherein are recorded contractors' bids; whenany payrolls or construction accounts are certified to as correctby the engineer in charge of the work, the bills for the sameshall be passed upon by the county commission, township board ordistrict commissioner, and if found correct, shall be paid;provided, that all such work shall be done under the supervisionand direction of the county highway engineer, or some othercompetent engineer employed by the county commission or otherproper authority, at such compensation as may be agreed upon,payable wholly or in part out of the particular fund to beexpended on said construction, reconstruction or otherimprovement.

(RSMo 1939 § 8595)

Prior revisions: 1929 § 7946; 1919 § 10733

CROSS REFERENCES:

County planning commission, approval, first class counties, RSMo 64.050, 64.080

Streets and alleys in unincorporated towns, etc., under control of county commission, road overseer and county engineer, RSMo 231.340, 231.350

(1953) Where member of township board was employed to perform work and labor on township roads and bridges by approval of two other members of board, contract was voidable, not void, because against public policy, but township could not recover money after contract was completely executed on both sides and there was no showing of unjust enrichment. Polk Twp. Sullivan Co. v. Spencer, 364 Mo. 97, 259 S.W.2d 804.

(1962) In action against county and county judges, petition was properly dismissed as a claim against either county or judges in trespass but second count stated claim in nature of taxpayers' class action upon which relief could be granted enjoining illegal expenditures of public tax money for improving privately owned road. Miller v. Ste. Genevieve County (Mo.), 358 S.W.2d 28.