State ex rel. Spink v. Kemp, 44534
| Decision Date | 29 September 1955 |
| Docket Number | No. 44534,44534 |
| Citation | 283 S.W.2d 502,365 Mo. 368 |
| Parties | STATE ex rel. Frank H. SPINK, John W. Ballard, James B. Kerrigan, Irvin Fane and William E. Kemp, Constituting the Board of Police Commissioners of Kansas City, Missouri, and Acting for and as Said Board of Police Commissioners of Kansas City, Missouri, Relators, v. William E. KEMP, Robert J. Benson, Harry S. Davis, Ilus W. Davis, Thomas J. Gavin, Reed O. Gentry, Don Jackson, Joseph M. Nolan, Walter R. Scott, and L. P. Cookingham, Respondents. |
| Court | Missouri Supreme Court |
Harry F. Murphy, Cornelius Roach III, Kansas City, for relators.
David M. Proctor, City Counselor, John J. Cosgrove, Associate City Counselor, J. L. Parks, Asst. City Counselor, Kansas City, for respondents.
Original proceeding in mandamus. Relators as the members of the Board of Police Commissioners of Kansas Ctiy, Missouri, seek to compel the Mayor, the Council and the City Manager of said City to appropriate an amount in excess of that appropriated to meet the expenses of the Police Department for the fiscal year beginning May 1, 1954.
Section 84.730 RSMo 1949, V.A.M.S., provides:
The petition alleged that pursuant to the provisions of said section relators made and certified to respondents an estimate of $4,028,726 as the amount necessary to enable the board of police commissioners to discharge its duties and to meet the expenses of the police department for the aforesaid fiscal year, which said sum, it was alleged, the council, by virtue of the provisions of said statute, was required to appropriate because it is not in excess of the maximum amount fixed therein, but that it refused so to do and did appropriate a lesser sum, to wit: $3,551,354. In an amended return to our alternate writ issued pursuant to the provisions of Art. V, Sec. 4, V.A.M.S.Constitution of Missouri, respondents alleged that the sum demanded by relators was in excess of one-sixth of the general revenue fund for the fiscal year beginning May 1, 1954; that the sum of $3,551,354 theretofore appropriated was likewise in excess thereof, and that the alternative writ should be quashed.
The issues being thus joined, this court appointed Honorable Christian F. Stipp as Special Commissioner to take testimony and to report his finding of facts and conclusions of law, which he has ably and painstakingly done. Both parties have filed exceptions to certain conclusions of law reached by the Special Commissioner and to numerous of his findings as to whether certain items of revenue constitute a part of 'the general revenue fund' of said fiscal year, within the meaning of Sec. 84.730. (All statutory references herein are to RSMo 1949, V.A.M.S., unless otherwise indicated.)
Kansas City is a municipal corporation organized and existing pursuant to the provisions of a special charter framed and adopted by the people as authorized by the State Constitution. The city manager is the chief administrative officer and the members of the council and the mayor constitute the legislative body of the city. The Kansas City police department operates under the exclusive direction and control of the board of police commissioners which was created by state statute and whose members are appointed by the governor. Secs. 84.350-84.860. Pursuant to the provisions of state law, charter provision and fiscal direction, the various departments of city government and the police department submitted to the city manager their budget requests for the fiscal year 1954-1955 which began on May 1, 1954. The city manager prepared the annual budget for the city for that year in which he estimated the revenues which would be received and recommended the appropriations to be made. The relators had certified a budget of $4,028,726, but the city manager recommended an appropriation of $3,551,354. The budget, with the latter amount, was subsequently approved by the council and the appropriation made.
In the preparation of the city budget, the anticipated revenue was allocated to various funds in the city treasury as follows:
Allocation
--------------------------------
Item Source of Revenue Fund Amount
---- ------------------------------ -------------------- ----------
1. General Property Tax
Levy (10.39) General $7,911,021
2. General Property Tax
Levy (4.61) General Debt and
Interest 3,505,746
3. Special Park Tax Levies East Park 131,260
West Park 197,220
4. Cigarette Stamp Taxes General 950,000
East Park 105,556
5. Gasoline and Motor Fuel
Taxes Street 1,920,000
6. Vehicle Licenses General 22,500
East Park 513,615
West Park 213,885
7. Parking Meter Receipts General 115,000
8. Taxicab Driver's Licenses General 4,500
9. Revenue from Other Street
Uses General 42,000
10. Alcoholic Beverage Licenses General 303,500
11. Business, Professional and
Occupational Licenses General 1,658,420
East Park 380
12. Kansas City Power and Light
Gross Receipts Tax General 1,540,000
13. Gas Service Company Gross
Receipts Tax General 786,365
14. Public Transportation
Company--Bus Licenses General 122,000
East Park 40,665
15. Public Transportation
Company--Street Car Licenses General 22,000
16. Steam Company License General 58,000
17. Telegraph Company
Franchise Taxes General 1,000
18. Natural Gas Company Gross
Receipts Tax General 8,500
19. Telephone Company Gross
Receipts Tax General 912,500
20. Dog Licenses General 42,000
21. Municipal Court Fines and
Forfeitures General 685,000
22. Traffic Bureau Fines and
Forfeitures General 335,100
23. Circuit Court Fines and
Forfeitures General 35,000
24. City Hall Rents and
Concessions General 37,970
25. Municipal Auditorium
Receipts General 258,100
26. Net Rentals from Veteran's
Housing Project General 75,000
27. Municipal and Platte County
Airport Receipts General 443,095
28. Grandview Airport Receipts General 670
29. Park Property Rentals and
Concessions East Park 30,750
West Park 750
30. Rental of Miscellaneous
City-owned Property General 50,120
31. Rentals and Concessions General 16,950
32. Interest Earnings General 80,000
General Debt and
Interest 80,000
33. Accrued Interest on Bonds
Sold General Debt and
Interest 5,000
34. Interest on Investments Water 175,000
Sewer Special
Assessment 17,157
Street and Avenue
Spec. Assessment 5,297
Cumulative Insurance
Reserve 2,500
35. Interest on Special
Assessments Sewer Special
Assessment 22,000
Street and Avenue
Spec. Assessment 7,000
36. Produce Merchants' Rentals Public Market 107,500
37. Stall Fees
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