CONCURRING OPINION
HENLEY, Judge.I concur in the opinion of Welborn, C., for these additional reasons.
*288In a supplemental brief filed after the case was transferred to the court en banc, and subsequent oral argument, the city has further discussed its contentions that §§ 71.860 to 71.920 RSMo 1959, V.A.M.S. (Laws of 1963) are invalid as applied to constitutional charter cities, because (1) the dual election requirement of § 71.870 and the procedures prescribed by §§ 71.880 to 71.910 conflict with the procedures prescribed by Article VI, § 20, Constitution of Missouri, V.A.M.S.; and, (2) apart from the conflict between statutory and constitutional procedure, §§ 71.870 to 71.910 are invalid in that they impose limitations on the constitutional grant of power to charter cities.
Much of the city’s argument is devoted to a demonstration of conflicts between the two procedures where the proposition of annexation of territory by a charter city is instituted by either a charter commission or by petition of its electors. We are not in this case presented with a live question as to what the possible conflicts in procedures might be where annexation is proposed by charter commission or petition; a justiciable controversy is not presented by those possibilities. This annexation proposal was instituted by the legislative body of the city; therefore, we are concerned here only with whether the procedures prescribed by the constitution and these statutes are in conflict, where the annexation proposal is instituted by a legislative body. What we might say now about whether the procedures conflict where the annexation proposal is instituted by charter commission or petition would be advisory only and pure dicta.
It is, as stated by the city, well-settled that annexation by a constitutional charter city may be accomplished only by amendment of its charter. City of Hannibal v. Winchester, Mo., 391 S.W.2d 279; McDonnell Aircraft Corporation v. City of Berkeley, Mo., 367 S.W.2d 498. As stated in the opinion by Welborn, C., this court held in the Hannibal case, supra, 391 S.W.2d l.c. 286: “On matters of state policy or interest, including regulations and limitations concerning territory outside the city, the legislature may act, so long as it does not interfere with the constitutional method of annexation or enact laws inconsistent with it.” Do §§ 71.870 to 71.900 interfere with the constitutional method and is the procedure prescribed by those sections inconsistent with that mode established by the constitution ? I say not.
Section 20 of Article VI provides that proposed amendments to the charter shall be submitted to the electors and shall become a part of the charter on approval by a majority. Section 71.870 provides that the legislative body of the city shall not have the power to extend its limits by annexation of unincorporated territory until an election is held and the proposition carried by a majority vote both in the city and the territory to be annexed. That section further provides that there shall be separate, but simultaneous, elections held in the city and the territory to be annexed. Nothing is said in the constitution about holding two simultaneous elections; consequently, such action is not forbidden. The additional requirement of a favorable vote from those residing in the area to be annexed does not change the method of how a city may amend its charter, but instead only provides restrictions on what the city may do by charter amendment. We have recognized that in matters of more than purely municipal interest the legislature can provide restrictions and limitations on what the city may do by charter amendment. See McDonnell, supra, 367 S.W.2d, l.c. 502, where the court said, “Certainly bringing additional territory into cities without the consent of the inhabitants and owners of property therein is an important governmental function in which the whole state has an interest. This is more than a matter of only municipal affairs * * In the McDonnell case we recognized that the legislature had authority to make additional requirements of a charter city where it seeks to annex additional territory. The dissenting opinion herein by Hyde, J., again *289recognizes that it is within the authority of the legislature to impose additional requirements and refers favorably to § 82.090 as an example of restrictions the legislature may impose on what a charter city may do. That section applies to annexations of incorporated areas by charter cities, and requires a favorable vote first by the electors residing in the area to be annexed as well as a later favorable vote in the charter city. The requirement of a favorable vote first in the area to be annexed is a condition to annexation; a restriction or limitation imposed by the legislature. What would be the result should a proposition to annex an incorporated area fail to receive the required favorable vote of the electors of that area? The obvious answer is that the charter city desiring to annex could proceed no further with its proposal to annex. It has thus been limited and restricted in its right of annexation by legislative requirements. What would be the result where simultaneous elections are held in the charter city and the unincorporated territory to be annexed ? If the proposition should fail to receive a majority vote in either the charter city or the area to be annexed the city could proceed no further with the annexation proposal. The ultimate result is the same, regardless of whether the elections are staggered as required by § 82.090 or held simultaneously as required by § 71.870. Thus the restrictions or limitations imposed on what a city may do by charter amendment in annexing unincorporated territory are no greater than those imposed by § 82.090. The limitations fixed by the legislature in §§ 71.860-71.910 do not conflict with nor are they inconsistent with the constitution.
Section 71.880 provides that before proceeding further with annexation the governing body of the city shall notify the board of election commissioners and the governing body of the county, the notice to include a description of the territory to be annexed and a copy of the city’s order, resolution or ordinance calling the election. Nowhere does this section give either the Board or County Council any power to approve or disapprove the action taken by the city, the section providing merely that they be notified of the city’s action. Section 20 of Article VI provides that proposed amendments to the charter shall be filed with the body having charge of city elections, “setting forth the proposed amendment,” but does not specify who that body shall be. Chapter 113, RSMo 1959, V.A. M.S., provides for the appointment of a board of election commissioners who shall have charge of the conduct of elections in both the county and the city. Since the elections in the city and in the county are to be conducted by the Board (§ 113.010) it is only reasonable and proper to notify that body, and such requirement does not conflict with the constitution.
In the sense that a “notice” of election is required by § 19 of Article VI, requiring “notice” to the Board and County Council, as two additional bodies entitled thereto, does not interfere or conflict with the fundamental purpose of the constitutional requirement of notice. Notice to these bodies does not interfere with or limit the method by which the charter is to be amended.
Section 20 of Article VI provides that the legislative body of the city shall provide by ordinance that any amendment proposed shall be submitted to the electors at an election. Section 19 provides that notice of election shall be published, but neither section makes specific provision as to who shall publish the notice. Therefore, these sections do not exclude notice being given by the board of election commissioners as required by § 71.890.
Section 71.890 provides that the board of election commissioners shall give notice of the time and place of holding the election and the purpose for which it is to be held. Since the Board is responsible for conducting the election in the city and in the unincorporated area to be annexed, it is reasonable and proper that it be the body responsible for giving notice to the electors in both areas. For these reasons, I con*290sider that this section does not interfere or conflict with the method of charter amendment prescribed by the constitution.
There is no conflict between § 71.890 and the basic, fundamental purpose of the notice requirement of the constitution, so long as it meets the minimum requirements for publication prescribed by § 19, Article VI.
Section 19, Article VI provides that: “ * * * The notice of the election shall be published at least once a week on the same day of the week for at least three weeks in some daily or weekly newspaper of general circulation in the city or county, * * * the last publication to be within two weeks of the election.” (Emphasis supplied.) Section 71.890 provides that notice given by the Board shall be published four consecutive weeks in two daily newspapers “ * * * throughout such county,” the last publication to be not more than five days before the election. Further, “in the event there is no daily newspaper * * *” in the county then “ * * * notice shall be given in two weekly newspapers of general circulation.” The constitution requires that the notice be published at least three weeks, whereas the statute requires publication for four weeks; the constitution requires that the notice be published in some daily or weekly newspaper of general circulation in the city or county, whereas the statute requires publication in two daily newspapers of general circulation throughout the county or, in the event there is no such daily newspaper in the county, then in two weekly newspapers; the constitution requires that the last publication be within two weeks of the election, whereas the statute requires that the last publication be not more than five days before the election. Thus, we see that the statute meets or exceeds the minimum requirements for publication prescribed by the constitution.
Respondent asserts that the ballot form prescribed in § 71.900 is patently insufficient under the constitution. That section provides that the annexation proposition shall be submitted to the voters on ballots which shall be substantially in the following form;
“For the annexation. □
Against the annexation. □”
The constitution does not specify the form of the proposition or ballot for annexation, but it must be in form and substance a charter amendment for the city may annex only by amendment of its charter. The statute does not require that the proposition submitted in the city and the territory to be annexed be in exactly the same words, but requires only that it be substantially the same in form. Without any intention of prescribing or dictating the exact form of ballot to be used in the city, I consider that an annexation proposition submitted to the electors of the city in the following form would, in essence, meet the requirement that annexation by a charter city be by charter amendment, and be substantially in the form prescribed by the statute:
“A proposition to amend the charter of the City of Florissant by annexation of the following described unincorporated territory in St. Louis County, Missouri:
“For the amendment. □
Against the amendment. □”
The city contends that “The most decisive conflict between statute and constitution is posed by the limitation of section 71.910.” This section prohibits the resubmission of an annexation proposition for a period of at least two years after it has failed of passage. For the same reason stated in the opinion of Welborn, C., I do not consider this contention. But, to venture dictum: Would not this be a restriction only on what the city may do, rather than an interference or conflict with the method of how it may be done?
I respectfully disagree with my colleague, Hyde, J., who is of the opinion that the opinion of Welborn, C., in effect overrules City of Hannibal v. Winchester, supra; McConnell v. City of Kansas City, *291Mo., 282 S.W.2d 518; as well as the other cases on which those decisions are based. We do not overrule those cases, but adhere to and reaffirm our holdings therein.
Although the Sawyers Act (§ 71.015) is inapplicable to constitutional charter cities as held in those cases, §§ 71.870-71.900 are applicable to such cities. Failure of the City of Florissant to comply with the latter sections renders null and void the purported annexation.