Mayor, Councilmen and Citizens of City of Liberty v. Dealers Transport Co., 22986
| Decision Date | 05 October 1959 |
| Docket Number | No. 22986,22986 |
| Parties | MAYOR, COUNCILMEN AND CITIZENS OF the CITY OF LIBERTY, a Municipal Corporation, Plaintiff-Respondent, v. DEALERS TRANSPORT COMPANY, a Corporation, Defendant, and Kansas City, Missouri, a Municipal Corporation, Defendant-Appellant. |
| Court | Missouri Court of Appeals |
Benj. M. Powers, City Counselor, John J. Cosgrove, Assoc. City Counselor, Robert A. Meyers, Asst. City Counselor, Kansas City, for appellant.
William E. Turnage, Liberty, for respondent.
This is an appeal by the City of Kansas City from a judgment of the Circuit Court of Clay County to the effect that the City of Liberty has satisfied all the requirements of the Sawyers Act 1 and may proceed in its steps to annex certain land in Clay County owned by defendant Dealers Transport Company over which Kansas City claims priority to annex.
On September 15, 1958, in accordance with the provisions of the Sawyers Act, Liberty filed its petition for a declaratory judgment alleging, among other things, that (1) on September 5, 1958, it passed a resolution to annex the land in question; (2) that such annexation of this contingent land is reasonable and necessary to the proper development of Liberty; (3) that Liberty is presently providing water service and upon annexation will immediately provide its normal municipal services to that area, and that (4)
In its second amended answer filed on November 3, 1958, Kansas City alleged that on April 6, 1956, it had caused to be introduced in its City Council an ordinance, proposing to submit to the electors of Kansas City an amendment to its City Charter 'by annexing certain territory in Clay County, Missouri, effective January 1, 1961; that included in said territory was the area described in plaintiff's petition.'
As its explanation as to why this ordinance thereafter had not been the subject of any councilmatic action:
'Defendant further states that the proposition contained in said ordinance has not yet been submitted to the electorate for a vote thereon for the reasons:
'1. That Kansas City has a master plan for proposed annexation to territory in Jackson, Clay and Platte Counties; that in pursuance of said plan studies and surveys are being constantly made to determine what areas, if any, in said counties would be adaptable to annexation, and to determine the character and extent of municipal services that said areas might require. That in preparing said plans and surveys, the City has spent, and is continuing to spend, large sums of money and is devoting the time and services of numerous expert employees for the reason that according to the standards for scientific planning, wise budgeting and economical expenditure of money, areas adaptable to urbanization may be annexed in orderly fashion from time to time as the need therefor becomes apparent.
'2. That in pursuance of said plan, Kansas City submitted, and the people adopted, ordinances annexing three areas--two in Jackson County, effective January 1, 1957, and January 1, 1958, and one in Clay County, effective January 1, 1959. That when the last of said annexations are completed in January 1, 1959, additional studies and surveys will be made for proposed annexation in Platte County January 1, 1960, and one in Jackson County on January 1, 1960, as well as the annexation proposed by Ordinance 20190 in Clay County effective January 1, 1961. That as these studies are completed and the facts therefrom bearing upon the adaptability of said areas for urbanization are ascertained, the ordinances proposing the annexing of same will be submitted to a vote of the people within the time prescribed by law.
'Defendant further states that since the area described in plaintiff's petition was included in the total area proposed to be annexed by Ordinance 20190, the defendant Kansas City has an exclusive prior claim to the area sought to be annexed by plaintiff, and that until the proposition to annex the same has been rejected by a vote of the people of Kansas City, the plaintiff city has no right to annex the same.
'Wherefore, having fully answered, defendant prays for judgment against the plaintiff dismissing its petition with prejudice.' (Italics ours.)
Liberty filed a motion for judgment on the pleadings.
On December 17, 1958, the case was tried. Defendant Dealers Transport Company failed to file any pleading in the cause and defaulted. The City of Kansas City did not appear at the trial in which the City of Liberty adduced evidence satisfying the requirements of the Sawyers Act.
The trial court found that the proposed annexation by Liberty was reasonable and necessary to the proper development of Liberty, and that Liberty was able to furnish normal municipal services within a reasonable time. It sustained Liberty's motion for judgment on the pleadings against Kansas City, and held that Liberty was 'authorized (to proceed) to annex' the area in question.
On this appeal Kansas City's sole contention in asking that the trial court be reversed is that when it introduced its ordinance to annex on April 6, 1956, it acquired a prior right to annex the area which right it has not abandoned. To this respondent replies (1) that Kansas City may not successfully base a claim of prior jurisdiction on its introduced ordinance, and (2) has waived, abandoned, or relinquished whatever priority it might otherwise have obtained. It urges that Kansas City by its own admission does not even plan to make certain additional studies and surveys bearing upon the feasibility of the proposed annexation preliminary to any further action it may take towards annexing the area until after January 1, 1959.
In proceeding to annex land Kansas City is not governed by the Sawyers Act. McConnell v. City of Kansas City, Mo.Sup., 282 S.W.2d 518. According to the Charter of Kansas City it may annex land only by amending its charter. Article 1, sec. 5, Charter of Kansas City. Such amendment requires the favorable vote of the people after the passage of an ordinance submitting the question to the people. Article VI, sec. 20, Constitution of Missouri, 1945 V.A.M.S. The first step in the passage of an ordinance by the City is its introduction. Article II, sec. 14, Charter of Kansas City.
Liberty, however, in proceeding to annex land concededly is subject to the provisions of the Sawyers Act. By its terms Liberty is required, first, to adopt a resolution to annex; second, to file a declaratory judgment action in the circuit court seeking authorization to annex, and after proper showing, to obtain such judgment. Its final step thereafter, according to its brief, is the passage of an annexation ordinance. See Sec. 81.080 RSMo, V.A.M.S., and Laws of Mo. 1860-61, page 209 ff.
According to the undisputed facts both Kansas City and Liberty have taken the first step to annex the same small tract of land owned by Dealers Transport Company.
Kansas City took its first step on April 6, 1956, when one of its city councilmen introduced in its City Council an ordinance to annex a large tract of land including the small tract in question. It concedes that no action of any kind has been taken with regard to that ordinance. Its counsel in oral argument freely admits this proposed ordinance has not even been referred to an appropriate council committee as is the customary...
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Mayor, Councilmen and Citizens of City of Liberty v. Dealers Transport Co.
...WESTHUES, Judge. This case is here on transfer from the Kansas City Court of Appeals. The opinion of that court is reported in 328 S.W.2d 727. In this opinion, plaintiffs Mayor, Councilmen, and Citizens of the City of Liberty will be referred to as City of On September 15, 1958, the City of......