Effective - 28 Aug 2021, 2 histories
49.310. County commission to erect and maintain courthouses, jails — issue bonds — certain counties authorized to maintain jails outside boundaries of county seat — courthouse with offices and court facilities, special rules. — 1. Except as provided in sections 221.400 to 221.420 and subsection 2 of this section, the county commission in each county in this state shall erect and maintain at the established seat of justice a good and sufficient courthouse, jail and necessary fireproof buildings for the preservation of the records of the county; except that in counties having a special charter, the jail or workhouse may be located at any place within the county. In pursuance of the authority herein delegated to the county commission, the county commission may acquire a site, construct, reconstruct, remodel, repair, maintain and equip the courthouse and jail, and in counties wherein more than one place is provided by law for holding of court, the county commission may buy and equip or acquire a site and construct a building or buildings to be used as a courthouse and jail, and may remodel, repair, maintain and equip buildings in both places. The county commission may issue bonds as provided by the general law covering the issuance of bonds by counties for the purposes set forth in this section. In bond elections for these purposes in counties wherein more than one place is provided by law for holding of court, a separate ballot question may be submitted covering proposed expenditures in each separate site described therein, or a single ballot question may be submitted covering proposed expenditures at more than one site, if the amount of the proposed expenditures at each of the sites is specifically set out therein.
2. The county commission in all counties of the fourth classification and any county of the third, second, or first classification may provide for the erection and maintenance of a good and sufficient jail or holding cell facility at a site in the county other than at the established seat of justice.
3. In the absence of a local agreement otherwise, for any courthouse that contains both county offices and court facilities, the presiding judge of the circuit may establish rules and procedures for court facilities and areas necessary for court-related ingress, court-related egress and other reasonable court-related usage, but the county commission shall have authority over all other areas of the courthouse.
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(RSMo 1939 § 13702, A.L. 1945 p. 1399, A.L. 1965 p. 153, A.L. 1983 S.B. 219, A.L. 1994 S.B. 520, A.L. 1995 H.B. 424, A.L. 1997 S.B. 89 merged with S.B. 218, A.L. 2011 H.B. 340, A.L. 2021 H.B. 271)
Prior revisions: 1929 § 12043; 1919 § 9443; 1909 § 3664
CROSS REFERENCES:
Courthouse and jail bonds, 108.040, 108.070
Courthouse and jail to be erected, 71.300
Structure Missouri Revised Statutes
Title VI - County, Township and Political Subdivision Government
Chapter 49 - County Commissions and County Buildings
Section 49.020 - Election — term of office — residence.
Section 49.050 - Commissioners to be commissioned by governor.
Section 49.097 - Additional duties of county commissioners (second class counties).
Section 49.101 - Vacancies, interim county officials appointed, when — expiration.
Section 49.130 - Passports, processing of applications, commission may provide service, when — fees.
Section 49.140 - County commissioners prohibited from doing certain things.
Section 49.150 - Penalty for violating section 49.140.
Section 49.160 - Who shall hold meetings when majority of commissioners are absent.
Section 49.170 - Terms of commission, when held.
Section 49.180 - Special terms.
Section 49.190 - Notice for special term.
Section 49.200 - Adjourned terms.
Section 49.210 - County commission may award process.
Section 49.220 - Proceeds before county commission may be transferred to circuit court, when.
Section 49.225 - Stenographic record.
Section 49.260 - Settlements with county treasurers and other officers.
Section 49.264 - County commission may grant easements to watershed subdistricts.
Section 49.270 - County commission to control county property — to audit demands against county.
Section 49.278 - Governing body may provide certain benefits for county employees, procedure.
Section 49.280 - Ex officio commissioner to sell county lands — deeds by.
Section 49.287 - County may lease property — procedures (certain first class counties).
Section 49.290 - Lands sold by the county — procedure to obtain deed.
Section 49.300 - County commission may institute condemnation proceedings — power of circuit court.
Section 49.305 - Sites for courthouse, jail, may acquire — funds from which payment authorized.
Section 49.320 - County commission may order buildings erected.
Section 49.330 - Superintendent, appointment, compensation.
Section 49.370 - Site for county building.
Section 49.390 - Circuit court to examine title.
Section 49.400 - County commission to pay for building site, when.
Section 49.410 - Plan of building to be submitted.
Section 49.420 - Advertisement for bids — may let at private contract, when.
Section 49.430 - Bond of contractor.
Section 49.440 - Superintendent to supervise work and report progress.
Section 49.450 - Payments to contractor, when made.
Section 49.460 - Order of payment, when made.
Section 49.470 - County commission may alter and repair county buildings, when.
Section 49.480 - Insurance of courthouses and jails — disposition of proceeds.
Section 49.490 - Damages recoverable for injuring county property.
Section 49.500 - County contracts to be inquired into on petition.
Section 49.510 - County to provide and equip offices.
Section 49.520 - Acquisition, erection or expansion of county buildings authorized, when.
Section 49.525 - Issuance of bonds — ordinance required, contents.
Section 49.530 - Interest rate and maturity of bonds.
Section 49.535 - Bonds negotiable and tax free — method of sale — payable from revenue only.
Section 49.540 - Obligation of county for rent or charges, limits — right to use building.
Section 49.545 - Application of proceeds of bonds.
Section 49.550 - Lien on buildings and land — rights of bondholders.
Section 49.555 - Receiver on default in payment of bonds.
Section 49.560 - Revenues placed in special fund — use — rentals, rates and charges.
Section 49.565 - Surplus in fund, disposition of.
Section 49.570 - Additional bonds — refunding bonds.
Section 49.575 - Administration of buildings and income, obligation of bonds.
Section 49.580 - This method of acquisition additional, not exclusive.
Section 49.605 - Permits, authorized requirements for applicant.
Section 49.610 - Variances may be granted by county commission, when.
Section 49.615 - Judicial review of all final decisions, orders and actions, when.