Murray v. City of St. Louis

947 S.W.2d 74, 1997 Mo. App. LEXIS 1005, 1997 WL 289398
CourtMissouri Court of Appeals
DecidedJune 3, 1997
DocketNo. 72157
StatusPublished
Cited by3 cases

This text of 947 S.W.2d 74 (Murray v. City of St. Louis) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Murray v. City of St. Louis, 947 S.W.2d 74, 1997 Mo. App. LEXIS 1005, 1997 WL 289398 (Mo. Ct. App. 1997).

Opinion

CRANE, Presiding Judge.

Defendants and intervenor appeal from the trial court’s judgment on plaintiffs’, defendants’ and intervenor’s separate motions for judgment on the pleadings in an action for declaratory judgment and injunctive relief. Plaintiffs sought a declaration regarding the validity of an ordinance which authorizes a lease of four acres of municipal park land with lessee to provide public works to improve adjacent municipal park land or, in the alternative, a declaration regarding the validity of the emergency clause in the ordinance. The trial court declared that the ordinance does not contain more than one subject matter and therefore is not invalid in its entirety, but that Section Five of the ordinance, which declares that it is an emergency measure, is invalid. The court granted further declaratory and injunctive relief in accord therewith. We reverse in part and enter judgment declaring Board Bill No. 385 to be a valid emergency measure.

Board Bill No. 335 and the Lease

On February 7, 1997 the Board of Aider-men of the City of St. Louis passed Board Bill No. 335 which authorizes the Mayor and the Comptroller to execute a lease (the Lease) of four acres of land located in Forest Park between the City of St. Louis (the City) as lessor and the Art Museum Subdistrict of the Metropolitan Zoological Park and Museum District of the City and County of St. Louis (Art Museum Subdistrict) as lessee. The ordinance contains five sections. Section One authorizes the Mayor and the Comptroller to enter into the Lease which is attached to the ordinance as Exhibit 1 and incorporated therein. Section Two provides that all rental payments under Section 3 of the Lease be held by the Comptroller in an account for the use and benefit of the Department of Parks, Recreation and Forestry of the City as provided in the Lease. Section Three provides for the design, installation and performance of public works as described and provided for in Section 15 of the Lease, as follows:

(a) to implement a portion of the Master Plan and increase public safety, redesign and reconstruct the intersection of Government Drive with Fine Arts Drive as a 90 degree “T” junction with improved sight-lines and a pedestrian and bike path crossing; (b) in the area between the intersection of Government Drive and Fine Arts Drive and Fine Arts Drive at the western edge of the Leased Premises, install sidewalks, fighting and curbing per the Master Plan, and repair and replace as necessary: (i) all sidewalks and curbing; and (ii) drains and drain covers; (c) restore the Statue of St. Louis; and (d) replace and improve tree plantings to the west of the Existing Museum on the north side of Fine Arts Drive per the Master Plan, are hereby authorized. The cost estimated by the Board of Public Service as $499,344 shall be paid out of the payment to be made by the Art Museum Subdistrict pursuant to Section 15 of the Lease and from the funds on deposit in the hereinafter created Art Museum Subdistrict Public Works Account.

[76]*76Section Four establishes an Art Museum Subdistrict Public Works Account in The Special Park Fund into which funds paid by the Art Museum Subdistrict pursuant to Section 15 of the Lease are to be deposited. Section Five provides:

This being an ordinance providing in part for public works and improvements, it is hereby declared to be an emergency measure pursuant to Article IV Sections 19 and 20 of the Charter of the City of St. Louis, and shall take effect immediately upon approval by the Mayor or its adoption over his disapproval.

The Lease obligates the Art Museum Sub-district to pay nominal rent, make certain improvements to Forest Park (a City park in which the Art Museum is located) in the total amount of $7,000,000.00, less the cost of the Public Works, and pay $499,344.00 to the City for the design, installation and performance of Public Works as described in Section 15 of the Lease. That section provides:

15. PUBLIC WORKS. The Subdistrict shall pay to the City on or before fifteen (15) days after the execution of this Lease, the sum of $499,344 which the City will deposit in the Art Museum Subdistrict Public Works Account established in Section Four of Ordinance _ (B.B.335) and will utilize the amounts on deposit in such account solely for the design, installation and performance of certain Public Works in Forest Park which are contemplated by and/or consistent with the Master Plan and related to the Leased Premises, to wit: (a) to implement a portion of the Master Plan and increase public safety, redesign and reconstruct the intersection of Government Drive with Fine Arts Drive as a 90 degree “T” junction with improved sightlines and a pedestrian and bike path crossing; (b) in the area between the intersection of Government Drive and Fine Arts Drive and Fine Arts Drive at the western edge of the Leased Premises, install sidewalks, lighting and curbing per the Master Plan, and repair and replace as necessary: (i) all sidewalks and curbing; and (ii) drains and drain covers; (c) restore the Statue of St. Louis; and (d) replace and improve tree plantings to the west of the Existing Museum on the north side of Fine Arts Drive per the Master Plan, are hereby authorized. Such work shall be done using materials specified by the Board of Public Service, and in accordance with detailed plans and specifications finally adopted and approved by the Board of Public Service before bids are advertised therefor. The Board of Public Service shall cause the Public Works to be performed in accordance with its customary procedures.

Trial Court Proceedings

On January 31, 1997, prior to passage of Board Bill No. 335, plaintiffs, Stephen Michael Murray, Margaret Hermes, Henry B. Robertson, Gloria Gordon 'and Rebecca Wright, who are residents, voters, and taxpayers of the City, filed a petition for a temporary restraining order, preliminary and permanent injunction, and declaratory judgment against the City, its Mayor, Freeman Bosley, and its Comptroller, Darlene Green (hereinafter collectively referred to as “the defendants”). Plaintiffs alleged in Counts I and III that the emergency clause of the ordinance violated Article IV, Section 20 and Article VI, Section 1 of the City Charter in that the contents of the ordinance did not fall within any definition of emergency. Plaintiffs sought a judgment declaring the emergency clause of the ordinance invalid, enjoining the City from entering into the Lease until the time for referendum has expired, and declaring that the ordinance does not become effective until the time for referendum has expired. Plaintiffs alleged in Counts II and IV that the ordinance violated Article IV, Section 13 of the City Charter which prohibits an ordinance from containing more than one subject. Plaintiffs requested an order declaring that the ordinance is void in its entirety and that the Lease is null and void and enjoining execution of the Lease. Defendants moved to dismiss the petition for failure to state a claim.

On February 7, 1997, the day Board Bill No. 335 was passed, plaintiffs filed a first amended petition. In it they realleged the substance of the original four counts and added a fifth count requesting that the May- [77]*77or be enjoined from signing the ordinance for ten days on the grounds that the ordinance does not contain a valid emergency clause.

Also on February 7, 1997, the Land Clearance for Redevelopment Authority of the City of St.

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Cite This Page — Counsel Stack

Bluebook (online)
947 S.W.2d 74, 1997 Mo. App. LEXIS 1005, 1997 WL 289398, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murray-v-city-of-st-louis-moctapp-1997.