Brodkey v. Sioux City

• Decision Date: 18 February 1941
• Docket Number: 44806.
• Citation: 296 N.W. 352,229 Iowa 1291
• Parties: BRODKEY v. SIOUX CITY et al. (Murray et al., Intervenors).
• Court: Iowa Supreme Court

296 N.W. 352

229 Iowa 1291

BRODKEY v. SIOUX CITY et al. (Murray et al., Intervenors).

No. 44806.

Supreme Court of Iowa.

February 18, 1941

Appeal from District Court, Woodbury County; Miles W. Newby, Judge.

Supplemental opinion on rehearing.

Opinion 291 N.W. 171, modified and petition for rehearing overruled.

Lester C. Davidson, Fred H. Free, and Robert J. O'Connor, all of Sioux City, for appellants.

Milchrist & Marshall, Shull & Stilwill, Kindig, Faville & Mathews, Lowell C. Kindig, Ralph Crary, Virgil DeWitt, and H N. Slotsky, all of Sioux City, and Abe A. Sekt, of Waterloo for appellees.

PER CURIAM.

Further consideration of this case on petition for rehearing demonstrates that the original decision herein is based in part upon the holding that the ordinances are unauthorized revenue-producing acts and may have overlooked various expenses which should have been included in the cost of regulation and supervision connected with the ordinances. We now are of the opinion that it is unnecessary to determine the question whether the ordinances were illegal as revenue-producing measures. We have concluded to withdraw that part of the opinion and leave the determination of such question for future decision should occasion arise.

Accordingly the last two paragraphs of the opinion, filed herein April 2, 1940 (published at pages 175 and 176 of 291 N.W.), are withdrawn and the following substituted in lieu thereof:

The ordinances directed the Superintendent of Public Safety to enter into a contract for the purchase and installation of parking meters, " the payment for such meters and/or installation to be provided for solely from the receipts, funds and revenues obtained from the operation of said parking meters, without in any manner obligating the city to pay for the same from any other source." Closely intertwined with the ordinances are the contracts of purchase shortly thereafter made and which appear to have been then partly negotiated. Without detailed discussion it may be said the record clearly shows that the specific intent and purpose of the foregoing quoted provision was the procuring of the meters by the form of contract shortly thereafter executed. Edwards & Browne Coal Co. v. Sioux City, 213 Iowa 1027, 1045, 240 N.W. 711, 718.

The meters were instrumentalities which the city might properly have proceeded to procure. But in order to accomplish this the city, necessarily expending its funds in order to purchase meters, was obliged to observe the limitations upon the making of expenditures by cities and towns that the legislature has imposed and made mandatory. The city was required to make advance estimates of annual expenditures. Public hearings thereon were required, after giving of notice of the time and...