(concurring).
I concur in the majority opinion but as I view it the presence in §§ 71.015 and *3971.880 of the same phrase, “before proceeding as otherwise provided by law”, does not present a conflict that “cannot be harmonized” so as to give effect to the legislative intent and avoid meaningless results.
Before the enactment of the 1963 statutes, it had been established by City of St. Joseph v. Hankinson, Mo., 312 S.W.2d 4, and other cases that the Sawyers Act (§ 71.015) must be complied with prior to taking the other steps provided by law for the annexation of unincorporated territory. Thus, at the time the 1963 statutes were enacted, § 71.015 was a part of the body of law relating to annexation by any city.
Section 71.015 and the 1963 Act do not conflict in matters of substance so as to render one or the other meaningless and ineffective in whole or in part. The sole question is which must be complied with first. The 1963 Act makes this clear.
Section 71.860 of the 1963 enactment provides that the Sawyers Act shall apply to “all cities, towns, villages and municipalities of whatsoever kind” in first-class charter counties except as provided in § 71.920. This latter section provides that, if the annexation proposition is approved by a unanimous vote in both the annexing municipality and the territory to be annexed, the annexation may be made effective immediately upon the adoption of an ordinance setting out the new boundary lines. If the legislative intent was to require compliance with the Sawyers Act prior to the separate but simultaneous elections, the exception in case of unanimous majorities would be meaningless. We are admonished to give effect to all provisions of statutes if it is reasonably possible to do so. Thus § 71.860 in combination with § 71.920 is the first expression of legislative intention to require the elections to be held first.
Next § 71.870 relates generally to the power to annex. It provides that: “The legislative body of any city * * * shall not have the power to extend the limits * * * in accordance with the provisions of law relating to annexation by such municipalities” until an election is had and the proposition for annexation is carried by majorities at separate elections held simultaneously in the municipality and the area to be annexed. Section 71.015 was a part of the existing law “relating to annexation” at the time § 71.870 was enacted in 1963. Section 71.870 has the effect of suspending the power of municipalities to proceed “in accordance with the provisions of law relating to annexation” until the elections are held. This, too, is consistent with a legislative intent to require the elections to be held prior to obtaining the declaratory judgment required by the Sawyers Act.
The provision in § 71.880 for giving notice of the election “before proceeding as otherwise provided by law” is also consistent with a legislative intent that the election be held prior to compliance with the Sawyers Act. The notice of election is required whenever the city “desires to annex”. The Sawyers Act requires the declaratory judgment action to be filed whenever the governing body of a city “has adopted a resolution to annex.” This language in the two statutes relating to the time or occasion tends to relieve against an apparent conflict through the use in each statute of the term, otherwise provided by law, especially since compliance with the Sawyers Act was “provided by law” when § 71.880 was enacted in 1963. This conclusion is fortified, as stated in the majority opinion, by the fact that the 1963 Act is a later law with a more specific application.
By this somewhat different approach, I reach the same conclusion as the majority opinion does that in first-class charter counties the elections required by the 1963 Acts must be held first. If the proposition receives a majority vote in both places, but less than unanimous votes, the Sawyers Act must be complied with next. The declaratory judgment required by § 71.015 would still perform a useful function in protecting the rights of all parties concerned and in determining the issue of *40reasonableness and the other matters specified.
If the two previous steps are favorable to the annexing municipality, then the municipality may complete the annexation by compliance with the procedure for annexation applicable to municipalities of its class. The minimum requirement or procedure remaining would be the adoption of an annexation ordinance.
Section 77.020 applicable to the City of Kirkwood requires the extension of the city limits to be “with the consent of a majority of the legal voters of such city voting at an election”. This statute does not state when the “consent of the legal voters” shall be obtained. We need not determine in this case whether a favorable vote under §§ 71.870-71.900 also satisfies the requirement of § 77.020 or if a second election is required since that issue has not been briefed on this appeal and has not been reached for decision.
These are perhaps additional reasons for reaching the same conclusion as the majority opinion, but I felt they should be stated. Therefore, I concur.