State ex rel. Beck v. Kansas City

• Decision Date: 18 November 1938
• Docket Number: 34209.
• Citation: 148 Kan. 623,84 P.2d 409
• Parties: STATE ex rel. BECK, Atty. Gen., v. KANSAS CITY et al. [*]
• Court: Kansas Supreme Court

84 P.2d 409

148 Kan. 623

STATE ex rel. BECK, Atty. Gen., v. KANSAS CITY et al. ^[*]

No. 34209.

Supreme Court of Kansas

November 18, 1938

subjected to liability to be met from general revenues of city. Laws 1933, Sp.Sess., c. 43, as amended by Laws 1937, c 135.

Clarence V. Beck, Atty. Gen., and Theo F. Varner, Asst. Atty. Gen for plaintiff.

Alton H. Skinner, City Atty., Joseph A. Lynch, Deputy City Atty. A. L. Berger, E. S. McAnany, James L. Hogin, and Donald Corson, all of Kansas City, for defendants.

C. W. Trickett, of Kansas City, amicus curiae.

PER CURIAM.

This is an original action in the nature of quo warranto in the name of the state by the attorney general. It calls in question certain proceedings instituted by the city of Kansas City Kansas, to establish on its public levee in that portion not now occupied by other improvements, a wholesale food terminal market. The city claims to be acting under its statutory authority to establish, construct, operate and regulate markets and market terminals for perishable foods, and that it is proceeding under the provisions of Chapter 43 of the Session Laws of 1933, (Special Session), as amended by Chapter 135 of the Session Laws of 1937, G.S.1937 Supp. 13-1238 et seq.

The attorney general raises certain legal questions which we have carefully considered, but none of which, in our judgment, are of sufficient gravity to warrant judicial interference with the corporate activities now contemplated and being undertaken by the city.

As time is of vital importance to an early decision we hold that judgment should be entered forthwith in the city's behalf. A formal opinion will follow when it can be prepared; but meantime as an outline of it, and for whatever help it may give to all concerned, we set down herein a synopsis of our views on the matters involved:

1. That Chapter 43 of the Session Laws of 1933 (Special Session), as amended by Chapter 135, Session Laws of 1937, does not violate the provisions of Article 12, Section 5, of the Constitution, nor does it contain any other constitutional infirmity.

2. That Chapter 43 of the Session Laws of 1933 (Special Session), as amended by Chapter 135 of the Session Laws of 1937, vests in the defendant city power and authority to issue revenue bonds for the purpose of obtaining funds for the construction of a wholesale terminal fruit and vegetable market, and that power and authority to construct such market is vested in said city by said statute above named, and other statutes heretofore enacted.

3. That the revenue bonds authorized to be issued under the provisions of Ordinance No. 30206, and the amendatory Ordinance No. 30239, will not constitute general obligations of the city of Kansas City, Kansas, and that such bonds cannot be paid from taxes assessed against the general property in said city.

4. That the covenants and agreements made on behalf of Kansas City, Kansas, under the terms and provisions of said Ordinance No. 30206, as amended by Ordinance No. 30239, and continued in the form of the bonds as specified in said ordinances are within the lawful powers of said city to make. Those covenants and agreements are not reasonably susceptible of an interpretation that they obligate the city to use moneys from sources other than the revenues from the improvements for their operation and maintenance.

5. That the provisions of said Ordinance No. 30206, as amended by Ordinance No. 30239, as to the funds and revenues applicable to the payment of said bonds, and contained in the form of bond, towit: "This Bond and the interest hereon are payable solely from the money and...