Commission discusses lawsuit over road conditions

Wednesday, August 27, 2003

The Vernon County Commissioners met with Craig Carter, of Newberry and Keck, about a lawsuit filed in 2001 by Troy Johnson, Redfield, Kan., relating to accident that occurred on Ashland, which is closed at east U.S. 71 Highway. The driver of a vehicle apparently drove straight into a berm at the end of the road, the vehicle became airborne and ended up on the right-of-way of U. S. 71 Highway.

As part of gathering information relating to the lawsuit filed after that accident, Carter asked the Commissioners how taxes were collected and distributed. Presiding commissioner Charlie Johnson responded that every year before the deadline on March first each township collector was responsible for collections in their township. After March first the township collectors turned in their books to Vernon County Treasurer Phil Couch, as the ex-officio collector. "Townships each set their own levies which are collected by the township collector. Township levies go to maintain roads as that's the only thing townships are responsible for," said Johnson.

Johnson explained that the county did not do any road work unless it was connected to a culvert more than 36 inches in diameter or a bridge in which case the work was only to restore the road.

Commissioners Neal Gerster and Bonnie McCord took turns with Johnson explaining different aspects of tax collections and distribution of the money. "We generally give each township a portion of the taxes we get from the state and they are responsible for using the money for the purposes we specify," said Gerster. "We have contracts with them and we say, for example, that all the funds must be used for the purchase and application of gravel on township roads. The townships must give us receipts showing they spent the money for that or they have to return the money to us."

Vernon County doesn't have any road taxes per se but it does receive money from the gasoline taxes collected here. "The state returns a portion of the taxes it collects in Vernon County to us. We have to spend it for road and bridge work, it can't go for any other purpose," McCord said. "We can pass part of that money, County Aid Road Tax, to the townships but they have the same restrictions on them."

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