Upon a third class county becoming a second class county, pursuant to Chapter 48, RSMo 1969, the alternative form of government, i.e., township organization, if previously adopted, automatically ceases to exist.

COUNTIES: Upon a third class county becoming TOWNSHIPS: a second class county, pursuant to Chapter 48 , RSMo 1969 , the alter- native form of government, i .e ., township organization, if previously adopted, automatically ceases to exist. OPINION NO. 17 Rebruary 15 , 1972 Fl LE 0 Honorable Don F. Whitcraft Prosecuting Attorney Cass County P. 0 . Box 57 Harrisonville, Missouri 64701 Dear Mr. Whitcraft: ~7 This letter is in response to your re~uest for an opinion on the following submitted question : "An alternative form of ~overnment known as 'township or~anization ' is authorized by Sec- tion 65 . 010 [RSMo 1969] for third and fourth class counties. Does 'township organization ' automatically cease to exist when a third class county becomes a second class county?" In the situation depicted in your opinion reques t, you men- tioned that as of January 1, 1973 , Cass County would change from a third to a second class county . It is assumed that such change is in accordance with the applicable provisions of Chapter 48, RSMo 1969. It was also indicated that Cass County, as a third class county, had adopted the alternative form of government, i.e ., town- ship organization, as provided by Chapter 65 , RSMo 1969 . The Missouri Constitution, 1945, Article VI, Section 8 , not only provides for the classification and organization, by general laws , of counties into not more than four classes but also estab- lishes that " .•. all counties within the same class shall possess the same powers ... be subject to the same restrictions .... [and any] law applicable to any county shall apply to all counties in the class to which such county belongs . '' Section 9 of Article VI provides that "[a]lternative forms of county ROVernment for the counties of any particular class and the method of adoption thereof may be provided by law." The legislature by Section 65.010, RSMo 1969, has provided for an "alternative form of county government" for counties of the third and fourth class, i.e ., the township organizatton form of government . Honorable Don Whitcraft However , the legislature has not enacted any provis i on providing for such form of government for counties of the first and second class. It would be the opinion of this office, therefore, that once a county classification chan~es from ei ther a third or fourth to a second or first class county, that the alternative form of government provided by Section 65 . 010 , RSMo, if adopted, ceases to exist. There are further provisions within Chapter 65, RSMo, specifi- cally Sections 65 . 020 and 65 . 610, which provide for the abolishment of the township form of county government by a majori ty vote of the inhabitants votin~ thereon. These sections, however, are not appli- cable and do not require an affirmative vote of abolishment when the situation exists as outlined in your opinion request. CONCLUSION It is the opinion of this office that upon a third class county becomin~ a second class county, pursuant to Chapter 48, RSMo 1969 , the alternative form of government, i.e., township or ganization, if previously adopted, automatically ceases to exist. The foregoin~ opinion, which I hereby apnrove, was prepared by my assistant, Kermit W. Almstedt. Yours very truly, ~-R-r~~ JOHN C. DANFORTH Attorney General - 2-