233.040. 1. The mayor and members of the city council ofany city or town within any special road district thus organized,together with the members of the county commission of the countyin which said district is located, at a meeting to be held in themeeting place of the county commission, at which meeting thepresiding commissioner of the county commission shall preside andthe county clerk shall act as clerk, within two weeks after thevoters within the territory of such proposed district shall adoptthe provisions of sections 233.010 to 233.165, shall, by order ofrecord to be kept by the county clerk, appoint a board ofcommissioners composed of three persons, designating one to servefor three years, one for two years and one for one year, and inFebruary every year thereafter one special road districtcommissioner shall be appointed as above specified, to serve forthree years. However, beginning in 1994, the commissioner whoseappointment will expire in February, 1994, shall serve until thefirst Tuesday in April of that year at which time a commissionershall be elected to hold office for three years and until asuccessor is elected, commissioned, and qualified. Thosecommissioners whose terms expire in 1995 or 1996 shall serveuntil the first Tuesday in April in 1995 or 1996, respectively,at which time a commissioner shall be elected to hold office forthree years and until a successor is elected, commissioned, andqualified to replace each commissioner. All subsequentcommissioners shall be elected at the appropriate election heldon the first Tuesday in April for three-year terms. An appointeeshall be eligible to file for election as commissioner. Thenominations and elections shall be governed by the provisions oflaw relating to the nomination and election of persons on anonpartisan basis at such elections. All suchcommissioners shall be resident taxpayers of the district, andshall serve until their successors are appointed or elected andqualified, with vacancies to be filled by the county commission.Resignations shall be to the county clerk. Removal from thedistrict shall create a vacancy.
2. Such commissioners, before entering upon the dischargeof their duties, shall take oath of office, to be administered bythe clerk of the county commission.
(RSMo 1939 § 8675, A.L. 1993 S.B. 236)Prior revisions: 1929 § 8026; 1919 § 10802; 1909 § 10578