County road funds belong to Jackson, says state AG

Cape Girardeau County must spend at least 25 percent of county road and bridge tax money raised from Jackson property owners on repairs and improvements to streets in that city, Missouri Attorney General Jay Nixon says.

But county commissioners say the attorney general's opinion isn't law, and the city of Jackson won't get the money -- an estimated $75,000 to $80,000 a year -- without a court fight.

"We may have to bow down, but not without some litigation," said Gerald Jones, presiding commissioner.

Larry Bock, who is first district commissioner and oversees county road and bridge operations, said the commissioners don't have to abide by Nixon's ruling.

Prosecuting attorneys in Cape Girardeau and Cole counties had requested a legal opinion on the issue. The matter was first raised last year by the Missouri Municipal League, which represents city governments throughout the state.

Municipal league officials said the provision of spending 25 percent of county road and bridge tax money raised in cities on projects in those cities is contained in state law. It applies to first-class counties without a charter form of government. Cape Girardeau County qualifies under that description.

Jackson does not get any money currently from the county road and bridge tax.

Bock said Nixon's interpretation of state law is wrong. The county, Bock said, shouldn't have to spend road and bridge tax dollars on projects based on how much of the money is collected in a particular city.

Bock said the ruling, if carried out, would force the county highway department to spend money on roads and bridges in every incorporated city in the county except for the city of Cape Girardeau, which is in the Cape Special Road District.

Cape Girardeau city taxpayers pay a road and bridge tax levied by the special road district. Residents in the rest of the county, including Jackson, pay a county road and bridge tax. The tax is 23 cents per $100 assessed valuation and is expected to raise about $850,000 total for the county this year.

Cape Girardeau city officials don't know if Nixon's opinion would apply to their city and the Cape Special Road District. Eric Cunningham, Cape Girardeau city attorney, said he plans to review the attorney general's opinion.

Bock said it would mean less tax money for county road operations. Fewer gravel roads could be paved, he said.

Jackson city officials praised the ruling.

"We are obviously pleased," said Jackson city attorney Tom Ludwig minutes after reading the ruling.

"Our expectation is that the city and county will meet and be able to come to a good solution on this," Ludwig said.

Ludwig said he doesn't know how the ruling would be implemented -- whether the county would simply hand over the tax dollars or agree to do certain road and bridge projects in the city of Jackson.

But Bock said commissioners aren't willing to give Jackson city officials what they want.

"If they want to take us to court, that is fine," he said.

mbliss@semissourian.com

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