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Rules for Missouri Townships, 2nd Edition
VIII. Abolishing townships
Presenting the question
The question, "Shall township organization form of county government be
abolished in County?" must be presented to voters if the county commission
receives petitions seeking action, which are signed by 10 percent of the number
of voters for governor at the last general election. Petitions presented after
May of even-numbered years are voted on in November, and other petitions are
voted on at a special election within six months. A simple majority decides the
question (65.610).
Re-voting
Once the question of either adoption or abolition has been on the ballot,
it cannot be presented again for at least two years. Many counties have voted
on this multiple times. Only two counties have ever voted in favor of a change
-- Daviess and Wright. Daviess reversed the decision in a short
time (65.610).
Procedures if abolished
Should the voters accept the proposition to abolish townships in a county,
the change takes effect immediately. All township property becomes the property
of the county, including real estate and road machinery and equipment. All terms
of township officials end. The trustee turns over the township checkbook and
any balance to the county clerk. The township no longer exists as a political
subdivision the day following the election, and all decisions are the county's
(65.620).
The county treasurer ex officio collector becomes the county collector and
operates under the statutes applicable to county collectors in RSMo. Chapter
52. This appointment lasts until March 1 following the next general election,
at which time an elected collector is installed. If this general election is
not scheduled for the collector, as required under Chapter 52, the person elected
serves until March 1 following the general election specified for election of
collectors.
A county treasurer is appointed to function as prescribed in RSMo. Chapter
54. This appointment runs until the election of a treasurer in the manner prescribed
in Chapter 54.
Influence on tax rates
The township general revenue levy is the result of an 80- to 20-percent split
of the county levy rate. If a township is eliminated, this taxing
authority returns to the county, increasing the county general revenue tax-rate
ceiling.
Unknowns
Should voters favor abolition, there are a number of unknowns. What would
happen to zoning in townships that had adopted that option? Would a code that
voters in a township had accepted be repealed by
the township's abolition? If the zoning code remained, who would administer
it with the township out of existence? (Counties have no partial zoning option.)
Similar questions arise regarding the levy rate for roads and bridges. In
most counties, different townships have different rates. Adopting county organization
would require a single rate, but how this would be established is unknown. Some
think that to set the rate, the total revenues raised through the individual
township levies should be calculated against the countywide assessed valuation,
but there is no basis for this in the statutes. It is unknown whether this would
violate the Missouri Constitution's ban on rates above those in place Nov.
4, 1980, without voter approval. Requests for legal opinions on these points
have been unsuccessful, since such opinions would be speculating about conditions
that do not presently exist.
DM4001, new November 2007
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