Grimes v. City of Oklahoma City

• Decision Date: 04 June 2002
• Docket Number: No. 96,836.,96,836.
• Parties: Jack L. GRIMES, Robert Godwin, Representative Bill Graves, Ed W. Jantzen and Jack Thompson, Petitioners, v. The CITY OF OKLAHOMA CITY, a municipal corporation, The Oklahoma City Metropolitan Area Public Schools Trust, Carl E. Edwards, Chairman and Trustee, and Trustees of J.W. Mashburn, Stanley F. Hupfield, Patrick T. Rooney, Linda P. Lambert, Rudy J. Alvarado and Valerie Thompson, The City of Lawton, a municipal corporation, and The City of Ardmore, a municipal corporation, Respondents.
• Court: Oklahoma Supreme Court

49 P.3d 719

2002 OK 47

Jack L. GRIMES, Robert Godwin, Representative Bill Graves, Ed W. Jantzen and Jack Thompson, Petitioners, v. The CITY OF OKLAHOMA CITY, a municipal corporation, The Oklahoma City Metropolitan Area Public Schools Trust, Carl E. Edwards, Chairman and Trustee, and Trustees of J.W. Mashburn, Stanley F. Hupfield, Patrick T. Rooney, Linda P. Lambert, Rudy J. Alvarado and Valerie Thompson, The City of Lawton, a municipal corporation, and The City of Ardmore, a municipal corporation, Respondents.

No. 96,836.

Supreme Court of Oklahoma.

June 4, 2002.

As Corrected July 8, 2002.

William D. Graves, Oklahoma City, OK, Pro Se and for Petitioners Jack L. Grimes, Robert Godwin, Ed W. Jantzen, Jack Thompson.¹

Thomas J. Roach, Oklahoma City, OK, for Petitioners Ed W. Jantzen, Jack L. Grimes, Robert Godwin.

John H. Vincent, Frank V. Jensen, Randy W. Henning, City Attorney and Office of City Attorney, City of Lawton, OK, for Respondent City of Lawton, Oklahoma.

Diane Lewis, Kenneth D. Jordan, Marylu T. Gordon, Municipal Counselor and Office of Municipal Counselor, City of Oklahoma City, OK, for Respondents The Oklahoma City Metropolitan Area Public Schools Trust, Carl E. Edwards, Chairman and Trustee, and Trustees J.W. Mashburn, Stanley F. Hupfield, Patrick T. Rooney, Linda P. Lambert, Rudy J. Alvarado, Valerie Thompson.

Clyde A. Muchmore, Mark S. Grossman, Mary H. Tolbert, Crowe & Dunlevy, Oklahoma City, OK, for Respondent City of Oklahoma City.

William P. Bleakley, Linda Maria Meoli, Stephanie J. Mather, The Center for Education Law, Inc., Oklahoma City, OK, for Amicus Curiae Independent School District No. 89 of Oklahoma County, Oklahoma.

Richard B. Wilkinson, John Morris Williams, Oklahoma Education Association, Oklahoma City, OK, for Amicus Curiae Oklahoma Education Association.

Charles E. Wade, Jr., Wade and Mackey, Lawton, OK, for Amicus Curiae Independent School District No. 8 of Comanche County, Oklahoma.

Diane Pedicord, for Amicus Curiae Oklhoma Municipal League, Inc.

Douglas F. Price, Office of Attorney General for State of Oklahoma, Oklahoma City, OK, for Intervenor Office of the Attorney General of the State of Oklahoma.

WINCHESTER, J.

¶ 1 The instant matter concerns the constitutionality of a statute enacted by the legislature in November, 1999 pursuant to 1999 Okla.Sess. Laws, ch. 217, § 5, codified as 11 O.S.2001, § 22-159. Also at issue are the provisions of two municipal ordinances, Oklahoma City ordinance no. 21,805 and Lawton ordinance no. 99-29, adopted in reliance on the statute. The parties agree we should assume original jurisdiction because this cause involves publici juris issues. Indeed, this Court has assumed original jurisdiction in controversies involving the constitutionality of statutes and public finances. See, e.g., Phillips v. Oklahoma Tax Commission, 1978 OK 34, 577 P.2d 1278 (original jurisdiction assumed when petitioners challenged constitutionality of use tax codified at 68 O.S.Supp.1977, § 1402a); City of Tulsa v. State of Oklahoma, 2001 OK 23, 20 P.3d 144 (original jurisdiction assumed when petitioner challenged the applicability of a certain statute to municipal sales and use tax revenues.) The immediacy for assuming original jurisdiction is present because the City of Oklahoma City and the City of Lawton currently collect sales taxes to support public schools in reliance upon the validity of § 22-159. See, e.g., Phillips v. Oklahoma Tax Commission, 1978 OK 34, 577 P.2d 1278; State ex rel. Board of Commissioners of Harmon County v. Oklahoma Tax Commission, 1942 OK 266, 127 P.2d 1052. Accordingly, we assume original jurisdiction over the instant case.

¶ 2 Petitioners seek declaratory relief to declare 11 O.S.2001, § 22-159 unconstitutional. Only in rare circumstances does this Court assume original jurisdiction to grant a form of declaratory relief. Keating v. Johnson, 1996 OK 61, ¶ 12, 918 P.2d 51, 57, citing Ethics Commission v. Cullison, 1993 OK 37, ¶ 4, 850 P.2d 1069, 1072. The instant controversy does not constitute a rare circumstance in which this Court needs to fashion a remedy or enlarge the scope of its extraordinary declaratory relief.

¶ 3 Petitioners also seek a writ of prohibition and/or of mandamus, to prohibit municipal officials from acting in accordance with the two municipal ordinances adopted in reliance on the statute or to mandate that they pursue a different course of action. Since we determine that the two ordinances are authorized, the issuance of a writ is unwarranted.

FACTS AND PROCEDURAL HISTORY

¶ 4 Previously, Respondent City of Ardmore was dismissed pursuant to the application of Petitioner Jack Thompson. On November 6, 2001, we assumed original jurisdiction and denied a temporary injunction against Respondents and a stay of the November 13, 2001, election concerning Oklahoma City Ordinance No. 21,805. Now, we turn to the remaining issues Petitioners raise.

PUBLIC UTILITY BOND ACT

¶ 5 Petitioners argue that § 22-159 is part of the Public Utility Bond Act² and as such, Const. Art. 10, § 27(B) concerning revenue bonds applies and is violated by § 22-159. We disagree. Section 22-159 appears in the Oklahoma Statutes immediately after the Public Utility Bond Act and provides:

"§ 22-159. Municipal support of public school systems

Municipalities may support any public school system located in whole or in part within the corporate limits of the municipality, including without limitation by the expenditure of municipal revenues for construction or improvement of public school facilities. In furtherance of municipal support for any public school system, as authorized by this section, the municipal governing body may take all actions necessary to effectuate such support."

¶ 6 The intent of the legislature controls when interpreting statutes. Tulsa County Deputy Sheriff's Fraternal Order of Police v. Board of County Commissioners of Tulsa County, 2000 OK 2, ¶ 10, 995 P.2d 1124, 1125, reh'g. denied, (June 30, 1998), appeal after remand, 2000 OK 2, 995 P.2d 1124. Such intent must be gleaned from the statute in view of its general purpose and object. TXO Production Corp. v. Okl. Corp. Comm'n, 1992 OK 39, ¶ 7, 829 P.2d 964, 968. It is presumed that the law-making body has expressed its intent in a statute and that it intended what it so expressed. TXO Production Corp. v. Okl. Corp. Comm'n, 1992 OK 39, ¶ 7, 829 P.2d 964, 969.

¶ 7 In analyzing § 22-159, we determine its general purpose is to allow a municipality the option to support public school systems that are located, in whole or in part, within the corporate limits of the municipality. The statute's title, "Municipal support of public school systems," evidences the legislature's intent that this section apply to municipal support of public schools and not to public utilities or to revenue bonds issued to purchase or construct public utilities. The legislature enacted § 22-159 in 1999, pursuant to Section 5 of House Bill No. 1393, and identified this legislation as creating new law, not as amending the 1992 Bond Act. Accordingly, we hold that § 22-159 is not a part of the Public Utility Bond Act and, of necessity, Const. Art. 10, § 27(B) concerning revenue bonds is inapplicable to § 22-159.

CONSTITUTIONAL ISSUES

Sources of Public School Funding

¶ 8 Petitioners contend 11 O.S.2001, § 22-159 is unconstitutional in that it violates Art. 13, § 1; Art. 5, § 46 and Art. 21, § 1 of the Oklahoma Constitution.

"In determining the constitutionality of the subject Act, this court is guided in its consideration thereof by well established general precedents. In construing the constitutionality of a statute, the Supreme Court is not authorized to consider its propriety, desirability, wisdom, or its practicability as a working proposition. Those questions are clearly and definitely established by our fundamental law to a certainty as functions of the legislative department of government. The function of the court is clearly limited to the determination of the validity or invalidity of the act. There is a presumption that the Act is constitutional."

Application of Oklahoma Capitol Improvement Auth., 1960 OK 207, ¶¶ 8, 9, 355 P.2d 1028, 1031.

¶ 9 Petitioners argue Const. Art. 13, § 1 limits funding of public school systems to state funds.³ As such, they reason that 11 O.S.2001, § 22-159 is unconstitutional because it provides for municipal support of public school systems. We disagree. Const. Art. 13, § 1 neither discusses nor limits funding sources for public school districts to state funds. If two constructions are possible, one which would uphold the statute and one which would strike it down, it is our duty to apply the constitutional construction. City of Oklahoma City v. Oklahoma Tax Commission, 1990 OK 27, ¶ 10, 789 P.2d 1287, 1292, citing in footnote 11, "State v. Goforth, 772 P.2d 911, 914 (Okla.1989); Earl v. Tulsa County Dist. Court, 606 P.2d 545, 547-48 (Okla.1979)." Petitioners' construction would preclude the well-established procedure whereby counties levy ad valorem taxes to support public school districts pursuant to Const. Art. 10, § 9. Indeed, § 9(b) requires counties to support public school districts. Therefore, Petitioners' argument that Art. 13, § 1 limits funding of public school systems to state funds must fail.

General vs. Special Law

¶ 10 Petitioners contend 11 O.S. 2001, § 22-159 constitutes a special law and violates Const. Art. 5, § 46 and § 59.⁴ Our analysis does not reach the provision contained in § 59 unless we first find that § 22-159 is a special law. In determining whether § 22-159 is a general or special law, we note that it is a general law if it "relates to persons or things as a class rather than relating to particular persons or things." Grant v. Goodyear Tire & Rubber Co., 2000 OK 41, ¶ 5, 5 P.3d 594, 597, citing Reynolds v. Porter, 1988 OK 88, ¶ 14, 760 P.2d 816, 822, Guthrie Daily Leader v. Cameron, 3 Okla. 677, 41 P. 635, 639 (1895). It...