40-1705 ORGANIZATION OF COUNTYWIDE HIGHWAY DISTRICTS -- HIGHWAY DISTRICT COMMISSIONERS -- APPOINTMENT -- TERMS -- ELECTION.
HIGHWAYS AND BRIDGES
CHAPTER 17
COUNTY HIGHWAY REORGANIZATION
40-1705. Organization of countywide highway districts -- Highway district commissioners -- Appointment -- Terms -- Election. (1) Countywide highway districts may be organized under the laws applicable to highway districts and for county highway districts, new highway districts, consolidated or enlarged highway districts, and the number of highway commissioners to be elected shall be three (3). The formation of new districts shall be effected by the commissioners of the county so affected within sixty (60) days of the reorganization election, and upon the determination that a county highway system shall be reorganized as a countywide highway district, new highway districts, consolidation, enlargement or other modification, the original highway district commissioners shall, within seventy (70) days of the election, be appointed by the governor. A new highway district shall be divided by the commissioners into three (3) subdistricts as nearly equal in mileage, market value for assessment purposes, and population as practicable under the circumstances, for the purpose of determining each highway commissioner’s district, and each commissioner for a highway district shall represent and be elected or appointed from the district in which he resides.
(2) Upon appointment, qualification and acceptance of duties as highway commissioners, those originally appointed shall, by lot, determine two (2) of the original appointed highway commissioners who shall serve for terms of original appointment for two (2) years, or until the next regular election for highway commissioners. The remaining highway commissioner shall serve for a period of four (4) years, or until the next succeeding election for highway commissioners. Thereafter, the highway commissioners elected shall be elected for four (4) year terms as their terms expire, thus providing a continuation in office of highway district commissioners, and providing for the staggered election of the commissioners in subsequent elections.
(3) Laws applicable to the election of highway commissioners shall apply to the conduct of highway district elections throughout the county, and the election for highway commissioners shall be on a nonpartisan basis.
(4) Where a countywide highway district, new highway district, or consolidated or enlarged district results from an election under this chapter, it shall be the duty of the governor, in the appointment of the original highway commissioners for the county, where there shall have been in existence at the time of the creation of any highway districts within the limits of the county to appoint whenever practicable, the existing highway commissioners as they shall qualify by residence in the territorial limits of the districts of the newly created highway district as a highway commissioner of the newly created highway district system. County commissioners, city mayors and city council members shall not be eligible to hold office as a highway district commissioner.