Reed v. City of Cheyenne

429 P.2d 69, 1967 Wyo. LEXIS 160
CourtWyoming Supreme Court
DecidedJune 12, 1967
Docket3593
StatusPublished
Cited by9 cases

This text of 429 P.2d 69 (Reed v. City of Cheyenne) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Reed v. City of Cheyenne, 429 P.2d 69, 1967 Wyo. LEXIS 160 (Wyo. 1967).

Opinions

Mr. Justice McINTYRE

delivered the opinion of the court.

This is a companion case to Case No. 3589, Uhls v. State of Wyoming ex rel. City of Cheyenne, Wyo., 429 P.2d 74 in which an opinion is rendered simultaneously with this opinion. The action in this case, however, was brought by taxpayers and electors of the City of Cheyenne. They seek a declaratory judgment as to the constitutionality of the act for industrial development projects (art. 8, ch. 1 of Chapter 112, S.L. of Wyoming 1965) and as to the validity of proceedings for the issuance of revenue bonds in connection with a project of Wycon Chemical Company.

The project of Wycon Chemical Company involves the issuance of revenue bonds by the City of Cheyenne in the amount of $20,000,000. The proceeds of the bonds will be used to pay for an enlargement of Wycon’s fertilizer plant in Laramie County, Wyoming, near Cheyenne.

The district court made findings of fact and conclusions of law similar to those in Case No. 3589, the Uhls case. Without entering judgment, it reserved to the supreme court certain important constitutional questions. The questions, although stated differently, pertain to the same constitutional considerations as those involved in Uhls. Since the same matters are dealt with fully in Case No. 3589, we do not deem it necessary to enter into lengthy discussions in this case, but we will comment briefly on each question.

Question No. 1
Does Article 8 of Chapter 1 of Chapter 112, Session Laws of Wyoming, 1965, contravene Article 13, Section 3 of the Wyoming Constitution in that it contains no legislative finding of public purpose and contains no express declaration of the public aims sought to be achieved?

[71]*71The constitutional section referred to provides no tax or assessment shall be levied or collected or debts contracted by municipal corporations except in pursuance of law for public purposes specified by law. In discussing this section in the Uhls case, in connection with reserved question 2 of that case, we took the position that no tax or assessment is being levied -and no debt is being contracted, within the meaning of art. 13, § 3.

Hence, no legislative finding or declaration of a public purpose is required, as far as the constitutional section referred to is concerned. In any event, it is to be noted, as we pointed out in the Uhls opinion, that the 1967 legislature has by amendment declared that industrial development projects of the kind here involved constitute public purposes. Ch. 95, § 1(b), S.L. of Wyoming 1967. We are shown no reason, and we know of none,- why that does not supply any omission concerning a declaration in the 1965 act.

If it be considered that municipal functions must in all instances be for a public purpose in order to be valid, we can point out that in this case, which pertains to the Wycon project, considerable evidence was offered to show that the project did in fact fulfill a public purpose.

As reviewed by the district court in its findings of fact, this evidence included showings that the project will provide permanent employment for an additional 100 persons and temporary employment for construction workers; that employment and revenues in related industries, particularly transportation, will be increased; that ad valorem tax revenues in Laramie County will be increased by approximately $200,-000 per year; that the cost of fertilizers and urea livestock feed supplements to ranchers and farmers in the Cheyenne trade area will be reduced; that the use of natural gas, the principal raw material, from the Cheyenne area will be increased, tending to promote development in the natural gas industry in Wyoming; that lower production costs for financing' (by use of municipal revenue bonds), will qpahle, Wycon, to expand the markets for .its products, .resulting in increased employment and increased use of natural gas; .that the use of the proposed revenue bonds will enhance Wycon’s chances of meeting competition in the future and remaining as a part of the Cheyenne economy; and that the chemical plant of Wycon is the only plant in Wyoming engaged in the manufacture of nitrate fertilizers.

Of some interest is the testimony of an official of Wycon to the effect that one of Wycon’s nearest competitors is the Co-op plant at Fremont, Nebraska, which is financed by municipal revenue bonds.

Although the notice of appeal in this case states that appeal is from the findings of fact and conclusions of law, appellants have not attempted to challenge or contradict the court’s findings -of fact with respect to a public purpose. Indeed, appellants have not, in their brief or oral argument, challenged any findings of fact. In view of this, we feel especially justified in sustaining the district court’s findings of fact, as far as this case is concerned.'

The answer to question 1 is no; the industrial development projects act does not. contravene art. 13, § 3, of the Wyoming Constitution, for lack of a legislative find-, ing and declaration of a public purpose.

Question No. 2
Is the revenue bond financing provided for in City Ordinance No. 1534 and by the Contract of Acquisition By Purchase for a public purpose as required by Article 13, Section 3 of the Wyoming Constitution ?

This question is substantially the same as question 2 in Case No. 3589, the Uhls case. Our answer to the question is yes; the revenue bond financing referred to is for a public purpose, and it is not unconstitutional on account of art. 13, § 3, Wyoming Constitution.

[72]*72 Question No. 3
Does Article 8 of Chapter 1 of Chapter 112, Session Laws of Wyoming 1965, authorize the delegation to a private corporation of the power to make, supervise or interfere with municipal improvements, moneys, property or effects, contrary to the provisions of Article 3, Section 37 of the Wyoming Constitution?

The answer to this question is found in our treatment of question 1 in Case No. 3589. The answer is no; the act does not authorize the delegation of power contrary to art. 3, § 37, Wyoming Constitution.

Question No. 4
Do Article 8 of Chapter 1 of Chapter 112, Session Laws of Wyoming, 1965, and City Ordinance No. 1534 of the City of Cheyenne contravene Article 16, Section 4 of the Wyoming Constitution in that approval of the issuance of the bonds has not been submitted to a vote of the people of the City of Cheyenne?

The constitutional provision referred to in this question was considered by us under question 4 of the Uhls case, Case No. 3589. We indicated there that a debt was not being created within the meaning of the section. Hence, approval of the issuance of the bonds need not be submitted to a vote of the people of Cheyenne.

The answer to question 4 in the present case is no; the act and ordinance do not contravene art. 16, § 4, Wyoming Constitution.

Question No. 5
Do Article 8 of Chapter 1 of Chapter 112, Session Laws of Wyoming 1965, and City Ordinance No.

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Bluebook (online)
429 P.2d 69, 1967 Wyo. LEXIS 160, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reed-v-city-of-cheyenne-wyo-1967.