State ex inf. Ashcroft ex rel. Bell v. City of Fulton, 63940
| Decision Date | 03 December 1982 |
| Docket Number | No. 63940,63940 |
| Citation | 642 S.W.2d 617 |
| Parties | STATE of Missouri, ex inf. John D. ASHCROFT, Attorney General, ex rel. John O. BELL, Relator, v. The CITY OF FULTON, Missouri, a Municipal Corporation; The Missouri Joint Municipal Electric Utility Commission; John E. Bates; Richard E. Malon; Keith D. Beardmore; Ray Callanan; and Gerald McHaffie, Respondents. |
| Court | Missouri Supreme Court |
John M. Cave, II, Kansas City, for relator.
Lawrence M. Berkowitz, Richard Monaghan, Kansas City, for respondents.
Relator filed this action in quo warranto claiming amendments six and seven to article VI, section 27 of the Missouri Constitution providing for formation of the Joint Municipal Utility Commission never became part of the constitution and that respondents should be ousted of all rights, power and authority they claim under section 27 as amended. The court granted summary judgment in favor of respondents. Relator charges the trial court erred in its holding that both amendments had become part of the Missouri Constitution; and that the Governor had authority to proclaim the amendment which received the largest affirmative vote of two inherently conflicting amendments became part of the constitution pursuant to section 126.131 RSMo Supp.1975. Affirmed.
Senate Joint Resolution No. 14 of the First Regular Session of the Seventy-ninth General Assembly proposed amendment six:
JOINT RESOLUTION submitting to the qualified voters of Missouri, an amendment repealing Section 27 of Article VI of the Constitution of Missouri relating to the indebtedness of certain political subdivisions and adopting one new section in lieu thereof relating to the same subject.
Be it resolved by the Senate, the House of Representatives concurring therein:
That at the next general election to be held in the State of Missouri, on Tuesday next following the first Monday in November, 1978, or at a special election to be called by the Governor for that purpose, there is hereby submitted to the qualified voters of this state, for adoption or rejection, the following amendment to Article VI of the Constitution of the State of Missouri:
Section 1. Section 27, Article VI, Constitution of Missouri, is repealed and three new sections adopted in lieu thereof to be known as Sections 27(a), 27(b), and 27(c), to read as follows:
Section 27(a). Any county, city or incorporated town or village in this state, by vote of a majority of the qualified electors thereof voting thereon, may issue and sell its negotiable interest bearing revenue bonds for the purpose of paying all or part of the cost of purchasing, constructing, extending or improving any of the following: (1) revenue producing water, gas or electric light works, heating or power plants; or (2) airports; to be owned exclusively by the county, city or incorporated town or village, the cost of operation and maintenance and the principal and interest of the bonds to be payable solely from the revenues derived by the county, city or incorporated town or village from the operation of the utility or airport.
Section 27(b). Any county, city or incorporated town or village in this state, by a majority vote of the governing body thereof, may issue and sell its negotiable interest bearing revenue bonds for the purpose of paying all or part of the cost of purchasing, constructing, extending or improving any facility to be leased or otherwise disposed of pursuant to law to private persons or corporations for manufacturing, commercial, warehousing and industrial development purposes, including the real estate, buildings, fixtures and machinery. The cost of operation and maintenance and the principal and interest of the bonds shall be payable solely from the revenues derived by the county, city or incorporated town or village from the lease or other disposal of the facility.
Section 27(c). As used in Article VI, Sections 27(a) and 27(b), the term 'revenue bonds' means bonds neither the interest nor the principal of which is an indebtedness or obligation of the issuing county, city or incorporated town or village.
House Joint Resolution No. 21 of the First Regular Session of the Seventy-ninth General Assembly proposed amendment seven:
JOINT RESOLUTION submitting to the qualified voters of Missouri, an amendment repealing Section 27 of Article VI of the Constitution of Missouri, relating to revenue bonds for utility, industrial and airport purposes and adopting one new section in lieu thereof relating to the same subject.
Be it resolved by the House of Representatives, the Senate concurring therein:
That at the next general election to be held in the State of Missouri, on Tuesday next following the first Monday in November 1978, or at a special election to be called by the Governor for that purpose, there is hereby submitted to the qualified voters of this state, for adoption or rejection, the following amendment to Article VI of the Constitution of the State of Missouri:
Section 1. Section 27, Article VI, Constitution of Missouri, is repealed and one new section adopted in lieu thereof, to be known as Section 27, to read as follows:
Section 27. Any city or incorporated town or village in this state, by vote of a majority of the qualified electors thereof voting thereon, and any joint board, commission, officer or officers established by a joint contract between municipalities or political subdivisions in this state, by vote of a majority of the qualified electors voting thereon in each of the municipalities or political subdivisions, may issue and sell its negotiable interest bearing revenue bonds for the purpose of paying all or part of the cost of purchasing, constructing, extending or improving any of the following: (1) revenue producing water, gas or electric light works, heating or power plants; (2) plants to be leased or otherwise disposed of pursuant to law to private persons or corporations for manufacturing and industrial development purposes, including the real estate, buildings, fixtures and machinery; or (3) airports; to be owned by the municipality or by the cooperating municipalities or political subdivisions, either exclusively or jointly or by participation with cooperative, municipally owned or public utilities, the cost of operation and maintenance and the principal and interest of the bonds to be payable solely from the revenues derived by the municipality or by the cooperating municipalities or political subdivisions from the operation of the utility or the lease of the plant. No such joint board, commission, officer or officers established by a joint...
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