State Codes and Statutes

Statutes > Missouri > T23 > C349 > 349_045

Board of directors, qualifications, appointment, terms--requirementsfor Lewis County.

349.045. 1. Except as provided in subsection 2 of this section, thecorporation shall have a board of directors in which all the powers of thecorporation shall be vested and which shall consist of any number ofdirectors, not less than five, all of whom shall be duly qualified electorsof and taxpayers in the county or municipality; except that, for anyindustrial development corporation formed by any municipality locatedwholly within any county of the second, third, or fourth classification,directors may be qualified taxpayers in and registered voters of suchcounty. The directors shall serve as such without compensation except thatthey shall be reimbursed for their actual expenses incurred in and aboutthe performance of their duties hereunder. The directors shall be residenttaxpayers for at least one year immediately prior to their appointment. Nodirector shall be an officer or employee of the county or municipality.All directors shall be appointed by the chief executive officer of thecounty or municipality with the advice and consent of a majority of thegoverning body of the county or municipality, and in all counties, otherthan a city not within a county and counties with a charter form ofgovernment, the appointments shall be made by the county commission andthey shall be so appointed that they shall hold office for staggered terms.At the time of the appointment of the first board of directors thegoverning body of the municipality or county shall divide the directorsinto three groups containing as nearly equal whole numbers as may bepossible. The first term of the directors included in the first groupshall be two years, the first term of the directors included in the secondgroup shall be four years, the first term of the directors in the thirdgroup shall be six years; provided, that if at the expiration of any termof office of any director a successor thereto shall not have beenappointed, then the director whose term of office shall have expired shallcontinue to hold office until a successor shall be appointed by the chiefexecutive officer of the county or municipality with the advice and consentof a majority of the governing body of the county or municipality. Thesuccessors shall be resident taxpayers for at least one year immediatelyprior to their appointment.

2. A corporation in a county of the third classification without atownship form of government and with more than ten thousand four hundredbut fewer than ten thousand five hundred inhabitants shall have a board ofdirectors in which all the powers of the corporation shall be vested andwhich shall consist of a number of directors not less than the number oftownships in such county. All directors shall be duly qualified electorsof and taxpayers in the county. Each township within the county shallelect one director to the board. Additional directors may be elected tothe board to succeed directors appointed to the board as of the effectivedate of this section* if the number of directors on the effective date ofthis section* exceeds the number of townships in the county. The directorsshall serve as such without compensation except that they shall bereimbursed for their actual expenses incurred in the performance of theirduties. The directors shall be resident taxpayers for at least one yearimmediately prior to their election. No director shall be an officer oremployee of the county. Upon the expiration of the term of office of anydirector appointed to the board prior to the effective date of thissection*, a director shall be elected to succeed him or her; provided thatif at the expiration of any term of office of any director a successorthereto shall not have been elected, then the director whose term of officeshall have expired shall continue to hold office until a successor shall beelected. The successors shall be resident taxpayers for at least one yearimmediately prior to their election.

(L. 1977 S.B. 267 § 8, A.L. 1980 H.B. 1582 & 1277, A.L. 2003 H.B. 351, A.L. 2005 H.B. 40 merged with H.B. 58)

*Effective 5-13-05 (H.B. 40) 8-28-05 (H.B. 58)

State Codes and Statutes

Statutes > Missouri > T23 > C349 > 349_045

Board of directors, qualifications, appointment, terms--requirementsfor Lewis County.

349.045. 1. Except as provided in subsection 2 of this section, thecorporation shall have a board of directors in which all the powers of thecorporation shall be vested and which shall consist of any number ofdirectors, not less than five, all of whom shall be duly qualified electorsof and taxpayers in the county or municipality; except that, for anyindustrial development corporation formed by any municipality locatedwholly within any county of the second, third, or fourth classification,directors may be qualified taxpayers in and registered voters of suchcounty. The directors shall serve as such without compensation except thatthey shall be reimbursed for their actual expenses incurred in and aboutthe performance of their duties hereunder. The directors shall be residenttaxpayers for at least one year immediately prior to their appointment. Nodirector shall be an officer or employee of the county or municipality.All directors shall be appointed by the chief executive officer of thecounty or municipality with the advice and consent of a majority of thegoverning body of the county or municipality, and in all counties, otherthan a city not within a county and counties with a charter form ofgovernment, the appointments shall be made by the county commission andthey shall be so appointed that they shall hold office for staggered terms.At the time of the appointment of the first board of directors thegoverning body of the municipality or county shall divide the directorsinto three groups containing as nearly equal whole numbers as may bepossible. The first term of the directors included in the first groupshall be two years, the first term of the directors included in the secondgroup shall be four years, the first term of the directors in the thirdgroup shall be six years; provided, that if at the expiration of any termof office of any director a successor thereto shall not have beenappointed, then the director whose term of office shall have expired shallcontinue to hold office until a successor shall be appointed by the chiefexecutive officer of the county or municipality with the advice and consentof a majority of the governing body of the county or municipality. Thesuccessors shall be resident taxpayers for at least one year immediatelyprior to their appointment.

2. A corporation in a county of the third classification without atownship form of government and with more than ten thousand four hundredbut fewer than ten thousand five hundred inhabitants shall have a board ofdirectors in which all the powers of the corporation shall be vested andwhich shall consist of a number of directors not less than the number oftownships in such county. All directors shall be duly qualified electorsof and taxpayers in the county. Each township within the county shallelect one director to the board. Additional directors may be elected tothe board to succeed directors appointed to the board as of the effectivedate of this section* if the number of directors on the effective date ofthis section* exceeds the number of townships in the county. The directorsshall serve as such without compensation except that they shall bereimbursed for their actual expenses incurred in the performance of theirduties. The directors shall be resident taxpayers for at least one yearimmediately prior to their election. No director shall be an officer oremployee of the county. Upon the expiration of the term of office of anydirector appointed to the board prior to the effective date of thissection*, a director shall be elected to succeed him or her; provided thatif at the expiration of any term of office of any director a successorthereto shall not have been elected, then the director whose term of officeshall have expired shall continue to hold office until a successor shall beelected. The successors shall be resident taxpayers for at least one yearimmediately prior to their election.

(L. 1977 S.B. 267 § 8, A.L. 1980 H.B. 1582 & 1277, A.L. 2003 H.B. 351, A.L. 2005 H.B. 40 merged with H.B. 58)

*Effective 5-13-05 (H.B. 40) 8-28-05 (H.B. 58)


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State Codes and Statutes

Statutes > Missouri > T23 > C349 > 349_045

Board of directors, qualifications, appointment, terms--requirementsfor Lewis County.

349.045. 1. Except as provided in subsection 2 of this section, thecorporation shall have a board of directors in which all the powers of thecorporation shall be vested and which shall consist of any number ofdirectors, not less than five, all of whom shall be duly qualified electorsof and taxpayers in the county or municipality; except that, for anyindustrial development corporation formed by any municipality locatedwholly within any county of the second, third, or fourth classification,directors may be qualified taxpayers in and registered voters of suchcounty. The directors shall serve as such without compensation except thatthey shall be reimbursed for their actual expenses incurred in and aboutthe performance of their duties hereunder. The directors shall be residenttaxpayers for at least one year immediately prior to their appointment. Nodirector shall be an officer or employee of the county or municipality.All directors shall be appointed by the chief executive officer of thecounty or municipality with the advice and consent of a majority of thegoverning body of the county or municipality, and in all counties, otherthan a city not within a county and counties with a charter form ofgovernment, the appointments shall be made by the county commission andthey shall be so appointed that they shall hold office for staggered terms.At the time of the appointment of the first board of directors thegoverning body of the municipality or county shall divide the directorsinto three groups containing as nearly equal whole numbers as may bepossible. The first term of the directors included in the first groupshall be two years, the first term of the directors included in the secondgroup shall be four years, the first term of the directors in the thirdgroup shall be six years; provided, that if at the expiration of any termof office of any director a successor thereto shall not have beenappointed, then the director whose term of office shall have expired shallcontinue to hold office until a successor shall be appointed by the chiefexecutive officer of the county or municipality with the advice and consentof a majority of the governing body of the county or municipality. Thesuccessors shall be resident taxpayers for at least one year immediatelyprior to their appointment.

2. A corporation in a county of the third classification without atownship form of government and with more than ten thousand four hundredbut fewer than ten thousand five hundred inhabitants shall have a board ofdirectors in which all the powers of the corporation shall be vested andwhich shall consist of a number of directors not less than the number oftownships in such county. All directors shall be duly qualified electorsof and taxpayers in the county. Each township within the county shallelect one director to the board. Additional directors may be elected tothe board to succeed directors appointed to the board as of the effectivedate of this section* if the number of directors on the effective date ofthis section* exceeds the number of townships in the county. The directorsshall serve as such without compensation except that they shall bereimbursed for their actual expenses incurred in the performance of theirduties. The directors shall be resident taxpayers for at least one yearimmediately prior to their election. No director shall be an officer oremployee of the county. Upon the expiration of the term of office of anydirector appointed to the board prior to the effective date of thissection*, a director shall be elected to succeed him or her; provided thatif at the expiration of any term of office of any director a successorthereto shall not have been elected, then the director whose term of officeshall have expired shall continue to hold office until a successor shall beelected. The successors shall be resident taxpayers for at least one yearimmediately prior to their election.

(L. 1977 S.B. 267 § 8, A.L. 1980 H.B. 1582 & 1277, A.L. 2003 H.B. 351, A.L. 2005 H.B. 40 merged with H.B. 58)

*Effective 5-13-05 (H.B. 40) 8-28-05 (H.B. 58)


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