City of Parkville v. Northern Farms, WD
| Decision Date | 24 June 1997 |
| Docket Number | No. WD,WD |
| Parties | CITY OF PARKVILLE, a Municipal Corporation, Appellant, v. NORTHERN FARMS, W.K. Jenkins and the Jenkins Family, Services, Respondents. 52906. |
| Court | Missouri Court of Appeals |
Jack L. Campbell, Kansas City, for appellant.
Gerard Eftink, Kansas City, for respondent.
Before BRECKENRIDGE, P.J., and SMART and EDWIN H. SMITH, JJ.
The City of Parkville ("City") brought a declaratory judgment action pursuant to § 71.015, RSMo 1994 1, seeking to annex property owned by the Jenkins family. The trial court refused to issue a declaratory judgment authorizing the City to proceed with statutory annexation procedures. The City appeals, claiming that the trial court erred in refusing to enter a declaratory judgment in its favor because the City met all the requirements of § 71.015, also called "The Sawyers Act.". The judgment of the trial court is reversed and the cause remanded to the trial court with directions to enter a declaratory judgment in favor of the City of Parkville.
The City of Parkville is a fourth class city. In 1990, the population of the City was approximately 2,400. At the time of the hearing on the City's petition for declaratory judgment, the population was over 3,000. The Jenkins family owns several parcels of land abutting the southwest boundary of the City in an unincorporated area of Platte County. On December 15, 1995, the City's The land in question is located within the Platte County Zoning District and zoned PI, Planned Industrial District. The City proposes to rezone the annexed area to I-2, Light Industrial District. When the Jenkins' family purchased the land, they financed that purchase by using industrial revenue bonds. W.K. Jenkins, the president of Northern Farms, testified that they could not have purchased the property without use of the bonds because prime interest rate at the time was twenty one and one-half percent, while the bonds carried a ten percent interest rate. He admitted that the law required that the land be used for industrial purposes. Mr. Jenkins, or his attorney, told the Platte County Development Authority that the land was going to be industrially developed.
Board of Aldermen passed Ordinance 1555, authorizing the proposed annexation of the Jenkins' property. The area in question consists of approximately 1,600 acres currently used as farmland 2. The record does not reveal the current size of the City. The area sought to be annexed is bounded on the north by the north right of way line of Highway FF, on the west by City property, and on the south by the Missouri River and by property adjacent to the river. No one resides on the land, although seasonal farm workers have at various times stayed at a farmhouse located upon the land. In addition to the farmhouse, there are two trailer houses on the Jenkins' property. There are no paved roads, sidewalks, street lights or water lines. The property is located upon a flood plain. A levee runs along part of the land. The levee has at least two unrepaired breaks caused by the 1993 flood. Annexation of the land has been discussed since at least 1974.
The City's sewer treatment plant is located outside of the City in the area that it proposes to annex. Except for the sewer plant, no one has erected any building in the area for twenty years. The City has plans to build a municipal sports complex for the benefit of the City's residents. It is planned that the complex would occupy some part of the land proposed for annexation. The City is also concerned that the Jenkins' property might be used for a riverboat casino or for a land based casino if the land is conveyed to an Indian tribe.
The City, in its Plan of Intent, proposed to offer normal municipal services to the annexed area. The Plan addressed police services, fire protection services, ambulance and emergency medical services, sewer systems, street maintenance, and parks and recreation. The fire protection services are currently provided by and would continue to be provided by the South Platte Fire Protection District and the ambulance and emergency services by the Metropolitan Ambulance Services Trust (M.A.S.T.). Sewer and police service would be provided immediately upon annexation. The Plan of Intent also reflected that the assessed value of Platte County farmland is 12% of the appraised value. The current tax rate for properties located in Parkville is .79 per 100 dollars in assessed valuation. The Mayor of Parkville, William Quitmeier, testified that the land was not being annexed to generate additional tax revenue. He estimated that the taxes on the property would amount to $825.00 at this point.
The City hired a surveyor, Thomas Dobson, to do a survey, set the boundaries of the area to be annexed, and draft a legal description. In establishing the boundaries of the land to be annexed, Mr. Dobson used the original government survey. The field work for that survey had been performed in the 1840's. The plat was published in 1863.
Since the time of that survey, the Missouri River has changed course. Missouri has gained some territory and Kansas has lost some territory. In the original survey there was no Section 3, a section that is part of the legal description of the property to be annexed. Section 3 is shown on the County Assessor's map.
On December 27, 1995, the City filed its second amended petition for declaratory judgment authorizing annexation. In its petition, the City contended that it had complied with the statutory requirements for annexation as prescribed by § 71.015. The City stated that the contiguous boundary common to the existing city limit and the area proposed for annexation was at least 15% of the length of the perimeter of the property to be annexed as required by § 71.015(1). It contended that the annexation was reasonable and necessary because: (1) the City's new sewer plant will be brought within the City limits; (2) it is necessary for the extension of parks and recreation facilities; and (3) the proposed use of the Jenkins' property as a possible gaming facility requires uniform application and enforcement of municipal zoning and health ordinances. The City also stated that it is able to furnish normal municipal services to the area within a reasonable time, as reflected in its Plan of Intent.
On February 22, 1996, trial on the matter was had. After taking the matter under advisement, the trial court denied the City's petition. The trial court found: the property to be annexed complied with § 71.015 in that the length of the contiguous boundary was at least 15% of the perimeter of the area; the City prepared a Plan of Intent; the Jenkins' property is located upon a flood plain and the levee servicing the property has at least two unrepaired breaks that the City could not afford to fix and no evidence about maintenance of the levee was presented; there has been no commercial or residential development in the proposed area of annexation; there are no paved streets, sidewalks, water lines, street lights and a single trunk sewer line within the area; the City would not provide fire protection service, ambulance service or water; the City believes that annexation is necessary because of the adverse impact of industrial development and the City wishes to expand its tax base if industrial development is located upon the Jenkins' property; the Jenkins family was concerned that the use of the property would be restricted and that there would be additional taxes; the legal description of the Jenkins' property is deficient as a matter of law; there were no industrial areas to develop in the City and there had been no permits for commercial buildings in the last three years; 40% of the land within the City was undeveloped although a large portion of that is owned by Park College; the City has not spilled over in the proposed area; there was no evidence presented concerning the City's need to expand; and the proposed City boundaries do not configure the city limits in a regular manner. The City appeals.
When we review the decision to annex, we examine whether there is substantial evidence that the reasonableness and necessity of the annexation are fairly debatable. Binger v. City of Independence, 588 S.W.2d 481, 485 (Mo. banc 1979); City of Lake Winnebago v. Gosewisch, 932 S.W.2d 840, 843 (Mo.App.1996). Both the City and the residents of the area to be annexed are entitled to the benefit of this test of reasonableness. City of Bourbon v. Miller, 420 S.W.2d 296, 300 (Mo. banc 1967). Neither the trial court nor this court may substitute its judgment or discretion for that of a city's legislative body. Id. There is no burden of proof in annexation cases, only a burden of proceeding with the evidence. Mayor, Councilmen & Citizens of Liberty v. Beard, 613 S.W.2d 642, 651 (Mo.App.1981). If there is substantial evidence supporting both sides of the issue, deference must be given to the City's judgment. Lake Winnebago, 932 S.W.2d at 843. Our inquiry is thus limited to whether the action of the City was arbitrary and completely unreasonable. Id. There are no fixed rules to follow in applying the general test; each case must be decided upon its own set of unique facts. Beard, 613 S.W.2d at 651.
Involuntary annexation must meet certain statutory requirements. Section 71.015 provides a comprehensive scheme for such annexations. Initially, a city must determine that the land it proposes to annex is contiguous to its borders and that the length of the contiguous boundary "is at least fifteen percent of the length of the perimeter of the area proposed for annexation." § 71.015.1(1). After making this determination, a city must then propose an ordinance that sets forth (1) the...
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