229.440. Proposition submitted to county commission for approval or rejection--bond to be given. - Missouri Statutes

Proposition submitted to county commission for approval orrejection--bond to be given.

229.440. 1. Before the commissioners of any special roaddistrict or the township board of any township shall enter intoany contract for the removal of coal or other mineral from orunder any public road they shall submit their proposition to thecounty commission of the county for its approval or rejection.If the commission approves the proposition they shall direct theprosecuting attorney of the county to prepare the contractbetween the commissioners or township board as the case may beand the parties with whom they seek to contract.

2. Said contract shall particularly describe the road to betemporarily abandoned, the kind and character of road to berebuilt, and the time limit for rebuilding same and before saidcontract is executed, the person, firm or corporation with whomit is made shall file with the clerk of the county commission abond with good and sufficient sureties in at least four times theestimated cost of rebuilding said road after the removal of thecoal or other mineral from same. Said bond shall be payable tothe state of Missouri for the use and benefit of the special roaddistrict or township as the case may be and approved by thecounty commission and shall provide that the person, firm orcorporation shall at their own expense remove said coal, withinsuch time and under such terms as may be provided and if in theopinion of the county commission a temporary road be necessary orfeasible, will at their own expense construct and at all timesmaintain a good road along, near and parallel to the roadtemporarily abandoned and connected with the usual road at bothends, all within the time and on such terms as may be provided;that they will be responsible and liable for any damages orinjuries caused by their negligence in not properly constructingor maintaining said temporary road; that they will as soon as thecoal or other mineral is removed from said road, at their ownexpense and without delay rebuild the same in a good substantialand workmanlike manner, according to the plans and specificationsand within the time limit and according to the terms set forth inthe contract. Said bond may provide for penalties or liquidateddamages for the violation of its provisions.

3. When said road is complete as provided in the plans andspecifications and according to all the terms and conditions ofthe contract and accepted by the county commission, the bondshall be released provided all conditions of the bond have beenmet and all claims, liabilities and causes of action, arising outof the performance of the conditions of said contract or bond orout of the violation of the same have been wholly met, settledand discharged.

(RSMo 1939 § 8862)

Prior revision: 1929 § 8202