Summary
In Nicholson v. Town of Booneville, 208 Miss. 800, 45 So.2d 594, the City planned to furnish the new area improved streets, sidewalks, fire and police protection, water and sewerage facilities and garbage disposal as soon as practical. Also, it was shown there were 165 acres of unimproved land within the existing corporate limits, suitable chiefly for farming, and there were a substantial number of homes to which water and sewerage facilities were not being furnished.
Summary of this case from Ball, et al. v. City of LouisvilleOpinion
No. 37670.
April 10, 1950.
1. Municipalities — extension of boundaries — reasonableness of — issues involved.
When the boundaries of a municipality have been extended or enlarged by ordinance and the reasonableness of the ordinance is the issue, there are involved the extent of the interests which are to be served in the new area and the capacity of the municipality to furnish such benefits.
2. Municipalities — extension of boundaries — reasonableness of — relevant testimony bearing on advantages.
On the issue of the reasonableness of an ordinance extending the boundaries of a municipality, testimony that the enlargement of the area and of the population would be an inducement to industry and to the accession of needed professional services was relevant to the issue of relative advantage and disadvantage upon which the issue of reasonableness is to be resolved, and therefore was competent.
3. Municipalities — extension of boundaries — reasonableness of — elements permitted to be taken into consideration as to capacity of municipality to furnish needed benefits.
On the issue of reasonableness in an ordinance extending the boundaries of the municipality, the fact that the utilities of light and water are being presently furnished by a private corporation is not sufficient to exclude the furnishing of light and water as a municipal advantage to the annexed area (a) when the present facilities are furnished in conjunction with aid rendered by the municipality and under its supervision; (b) when most of the residents in the added area are employed or do business in the town and avail of its present facilities; (c) when the allowable amount which could be raised by bonds, in addition to outstanding bonds, would be presently sufficient to pay the large part of the cost of all necessary additional facilities, and (d) taking into account, as the jury had a right to do, the practical necessity of extending the new improvements gradually, during which time the existing bonds would be reduced and (e) the fact that the present assessments in the new area are much too low would of right have a higher valuation, the jury could reasonably find that the entire needed sums for the needed extension of the utilities would be available and within a reasonable period.
4. Municipalities — extension of boundaries — reasonableness of — verdict supported by substantial evidence.
When the issue of reasonableness in an ordinance extending the boundaries of a municipality has been properly presented under correct legal principles and the verdict of the jury upholding the ordinance is supported by substantial evidence the judgment will be affirmed.
Headnotes as approved by Alexander, J.
APPEAL from the circuit court of Prentiss County; RAYMOND T. JARVIS, Judge.
Windham Cunningham, for appellant.
An extension of municipal limits is unreasonable where the evidence shows there can result no substantial benefits to the residents of the added territory.
In every case reported in our decisions, our Court has consistently held that the town must offer some substantial municipal benefits to the people of the added area. Judge Truly, in the first important decision of our Court on this question, clearly stated the proper test, as follows: "The power of extending corporate limits is granted not to be resorted to for the purpose alone of increasing the income of the municipality, but in order that the benefits incident to civic government may be extended to those resident in the territory adjacent to the municipality and included in the extension; and, further, that the municipality by extending its police government, its sanitary and quarantine regulations, and its more adequate fire protection, may thereby conserve the best interests of the inhabitants within its original borders, and also give to those living in the territory included in the extension more efficient protection against devastation by fire, and by the enforcement of necessary sanitary regulations for the public health decrease the danger of disease and pestilence. These are the paramount considerations, and incidental to these the citizens included in the extension are entitled to share in common with the other inhabitants of the municipality the convenience of sidewalks and lighted streets, fire protection and all other advantages of city life. Forbes, et al. v. Mayor, etc., of City of Meridian, 86 Miss. 243, 38 So. 676.
This reasoning has been upheld and applied in every case involving the extension of municipal boundaries since then. Walker v. Waynesboro, 32 So.2d 455; Kennedy, et al. v. Kosciusko, 203 Miss. 4, 33 So.2d 285.
Donald Franks and Cunningham Cunningham, for appellee.
Appellants failed to meet the burden of proof of showing that the ordinance extending the limits of the municipality was unreasonable, and the verdict of the jury and judgment of the Court sustaining the reasonableness thereof should be sustained. Crystal Springs v. Moreton, 131 Miss. 77, 95 So. 242; Forbes, et al. v. Mayor, etc., of City of Meridian, 86 Miss. 243, 38 So. 676; Kennedy v. City of Kosciusko, 203 Miss. 4, 33 So.2d 285; Walker, et al. v. Town of Waynesboro, 202 Miss. 830, 32 So.2d 455.
A verdict on a question of fact will not be disturbed unless it is manifestly erroneous or shows that the jury were actuated by passion, prejudice or corruption, and such verdict is conclusive as to question of fact properly submitted to the jury. Leflore v. Justice, 1 S. M. (9 Miss.) 381; McAlexander v. Puryear, 48 Miss. 420; Louisville N.R.R. Co. v. Jones, 134 Miss. 53, 98 So. 230; Jackson City Lines v. Harkins, 204 Miss. 707, 38 So.2d 102.
The Town of Booneville, through the mayor and board of alderman, passed an ordinance enlarging the geographical area of the town from 800 acres to about 1237 acres. An appeal was taken from the ordinance under Code 1942, Sections 3378, 3379, and the issue of reasonableness was submitted to a jury which upheld the ordinance. This appeal is taken by the objectors. (Hn 1) This sort of case invariably involves the extent of the interests which are to be served in the new area and the capacity of the municipality reasonably to furnish such benefits.
The record is voluminous and includes the testimony of many witnesses. Those for the objectors follow substantially the pattern set in Walker v. Town of Waynesboro, 202 Miss. 830, 32 So.2d 455, and Kennedy v. City of Kosciusko, 203 Miss. 4, 33 So.2d 285, and relate chiefly to the disinclination of citizens in the added area to be burdened with additional taxes in view of their inability to view such extension as a personal advantage to them. Most of them stated simply that they were "satisfied" with the present status and did not want to be taken in; some doubted whether the city would be able to furnish added facilities commensurate with the extra burdens and responsibilites which they anticipated.
Testimony was introduced on behalf of the appellee by the city officials who express a purpose and an ability to furnish to the new area, as soon as practicable, such facilities as improved streets and sidewalks, water and sewerage facilities, police and fire protection, and garbage disposal. There was conflicting testimony as to the need of additional fire and police protection in the new area. There was also testimony that there were within the present town limits 165 unimproved acres, suitable chiefly for farming, and that there was a substantial number of homes in which water and sewerage facilities were not being furnished. Included in the added area were several well-developed residential subdivisions in which there have been erected about 255 substantial homes, and also the Northeast Mississippi Junior College, with 600 students.
It was further testified that an extension of the city limits with the consequent increase in population, would constitute an inducement to industry and to members of the medical profession to supply an evident need. The objectors minimize both the needs and the ability of the town to meet them, while the testimony for the town emphasized both the necessity and its capacity to furnish such improvements.
(Hn 2) One of the assignments of error is levelled at the incompetency of testimony that the enlargement of the area and of the population would be an inducement to industry and to the accession of needed professional services. This testimony was relevant to the issue of relative advantage and disadvantage upon which the issue of reasonableness is to be resolved. It was testified that the acquisition of new industries would, by furnishing employment to a substantial number of workers, increase both the population and the extent of additional services. We think this testimony was relevant and competent.
(Hn 3) It is argued that in view of the fact that the utilities of light and water are being furnished by private corporations, this should not be credited to the town as an extension of its services. Kennedy v. City of Kosciusko, supra, is cited as stressing the fact that the city was already furnishing light and school facilities. We do not think that this distinction is basic. In the instant case these facilities are furnished by private corporations but in conjunction with aid rendered by the town and under its supervision. Most of the residents in the added area are employed in or do business in the town and avail of its present facilities.
The ability of the town to furnish these improvements is the only issue which can be adjudged in the light of mathematical calculation. The present assessed value of the town is $1,300,000. It is testified that the real and personal assessment of property in the new area is $119,980. The proposed area would, therefore, have a total assessment of approximately $1,420,000. The limit of bonds exclusive of revenue bonds which could be issued by the town, as enlarged, being 15% of such assessment, the total sum available from the issuance of nonrevenue bonds would therefore be approximately $213,000. There are at present outstanding bonds in the sum of $127,000. This would mean that additional bonds in the sum of $86,000 could be issued, and, of course, revenue bonds for utilities, etc., could be issued in addition to this under Section 3600, Code of 1942.
It is testified that the cost of necessary additional facilities would be $143,217. The jury had the right to take into account the practical necessity of extending new improvements gradually and the probability that existing bond issues would be reduced during a reasonable period of extension so that ultimately the entire new area would be supplied reasonably.
The realty assessment in the new area was testified to be $90,690. Such estimate, of necessity, must have come from the state and county assessment rolls, and in view of the fact that there were about 255 substantial homes in this area, this figure represents an average realty assessment of approximately $355 upon such homes, even if the assessment of vacant property be left out of view. From common experience and from an inspection of the photographic exhibits showing some of these subdivisions, the jury could well have assumed that a proper municipal assessment would greatly exceed this rather conserative average.
(Hn 4) We are of the opinion that the principles laid down in Forbes v. City of Meridian, 86 Miss. 243, 38 So. 676, Walker v. Town of Waynesboro, supra, and Kennedy v. City of Kosciusko, supra, control here. We conclude that the issue of reasonableness was properly raised and presented, and we are unable to say that the verdict of the jury is without substantial support.
Affirmed.