USA > Missouri > Jackson County > Kansas City > Kansas City, Missouri : its history and its people 1808-1908 > Part 43
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Public Improvements. The board of Public Works initiates all public works, provides for a hearing of interested property owners, prepares all con- tracts, receives bids and awards the work, subject to the final approval or disapproval of the Common Council. These provisions save a large amount of routine work on the part of the council, and do away with practically
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all technical defects in special tax bills, which tend to reduce the price of contract work to be done hereafter.
Power is given to the city to acquire the necessary plants, machinery and appliances for doing its own public work. Provisions are made by which a large amount of land which formerly escaped taxation is made to bear its just share of the public burdens. In cases where the grading of a public highway, including the construction of bridges, viaduets and tunnels, occa- sions an expense of such magnitude as to unduly burden the ordinary limited benefit districts, the present charter provides an adequate remedy by vesting power in the council to fix a larger benefit district and provide for assessments and for submitting the legality of the proceedings to the deter- mination of the circuit court before any work is done or tax bills issued to pay for the proposed improvement.
Management of the Fire Department and Water Works. The necessity of co-operation between the Water department and Fire department, in order to secure proper fire protection for the city and lower the rates of insurance, pointed to the wisdom of placing the management of these two departments under a single board. It is provided that the board of Fire and Water com- missioners shall be composed of three men, well known in the community. for their intelligence and integrity, who shall be named by the Mayor and be personally responsible to him for the efficient administration of these departments. Not more than two members of this board shall be of the same political party, and their terms of office shall be so adjusted as to insure that the department will always be under the control of experienced men. Under the 1889 charter the board of Public Works was greatly overworked. To relieve this situation, the Water department was placed under the manage- ment of the Fire and Water commissioners, who are enabled to devote the necessary time and attention to the protection of the city's water supply. The Common Council appropriates twenty-five per cent of the total amount re- ceived by the city from the tax on foreign insurance companies to aid in the creation of a fund for the purpose of pensioning crippled and disabled fire- men and for the relief of widows and minor children of deceased firemen.
Clean Streets. The 1908 charter compels the council to annually set apart seven per cent of the gross revenues for cleaning the streets. It insures fair and equitable treatment to all sections of the city by requiring the city to be divided into districts and spending in these districts the amount of money so set aside in proportion to the assessed value of the taxable property in each district. In other words, the money contributed or raised for street cleaning by any district must be spent in cleaning the streets of that par- ticular district.
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Parks and Boulevards-Maintenance Tar. Under the charter of 1908, the taxing power for park and boulevard maintenance is limited to 2% mills on the $1 valuation. If the 21/2 mills should at any time prove insufficient for the maintenance of the boulevards. a special assessment for that particular purpose may be levied, but only against property which fronts the boulevard, and can in no case exceed ten cents per front foot. Furthermore, the charter lowers the rate of interest on park assessments from seven per cent to six per cent per annum. Provision is also made by which the proceeds from taxes on vehicles, automobiles, etc., are added to the park department funds. Power is also given to the council to appropriate such further sums as may be nec- essary for park purposes
Civil Service. The merit system of employment was introduced gener- ally in the municipal civil service by the 1908 charter. The heads of depart- ments and high officials are exempt from examinations. They are given full power to discharge as a necessary means of maintaining discipline in the service, but are strictly enjoined from making dismissals for political reasons or for any reason other than for the good of the service, and all temptation to violate this injunction is removed as far as possible by requiring the va- cated place to be filled by the appointment of the person standing first in point of excellence on the eligible list. The examination for the eligible lists is divided into grades, so that it is not mere book learning, but knowledge of the actual duties to be discharged by the employe that counts toward appoint- ment to office. Further ineentive is also given to efficient service by provid- ing for promotion as a reward for diligence and ability.
Referendum and Recall. The charter provides for the submission of franchise ordinances to the people for final approval or rejection. The same principle that is used for the adoption of the most important laws of our country-our constitutions-can thus be used for the consideration of ques- tions of such grave importance as the granting of franchise rights to public utility corporations. The charter provides that no ordinance granting a franchise shall become valid within sixty days after its enactment by the Common Council. If a petition signed by twenty per cent of the qualified voters of the city shall be filed with the City clerk during that time, the franchise must be submitted to the people for adoption or rejection. The Common Council is also given power to submit to the people without petition any franchise which in its discretion it may consider of sufficient importance to necessitate the approval of the citizens. It is further provided that no fran- chise for a period longer than thirty years can, under any circumstances, be granted by the Common Council without first submitting such franchise to a vote of the people. The powers of the Common Council are not restricted or limited in making bargains in the city's interest, but the broadest power
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is given to the voters of the city and the Common Council to secure the best possible terms for the city in selling valuable rights and privileges.
A provision for the recall of elective officers by petition signed by thirty per cent of the voters was submitted in the alternative, when the entire new charter was voted on August 4, 1908. The recall provision received a pro- portionately large majority of the votes directly cast concerning it, but failed to receive an affirmative majority of all the votes cast at the charter election. At the time of this publication, it is still undetermined whether or not the recall is legally a part of the charter.
Parole and Pardon Board. To relieve the Mayor of the burdens of hear- ing appeals for pardons, and to secure the effective administration of justice in cases of persons sentenced by the Municipal court, a Parole and Pardon board was provided in the new charter. This board is charged with the duty of considering applications for pardons and paroles, and of investigating the facts in connection with such cases as come before them. A court sergeant is appointed by the Mayor, chosen because of his fitness for the office, and irre- spective of political affiliations. He attends all sessions of the Municipal court and makes sure that all parties appearing for trial who are without attorney, have their defense, if any, fairly presented to the court. It is the intent and purpose of this provision that all who are brought before the Municipal court charged with a violation of a city ordinance shall have com- petent and just advice at the time of their trial; that the full administration of the law in enforcing obedience to the city shall be so had that justice shall be done and that in circumstances where it is possible, reformation may be wrought in those who have been guilty of wrong-doing.
The New Charter in Brief. The new charter enlarged and extended the powers given to the city by the 1889 charter, preserving all of the excellent features of that instrument, which had been tested by time and experience, and adding only such features as were necessary to enable the city to meet the conditions and problems which were before it. As framed, its purpose was to safe-guard the interests of the citizens for whom it constitutes the local organic law, and whose interests are vitally affected by it.
AN ACT TO INCORPORATE THE CITY OF KANSAS.
Be it enacted by the General Assembly of the State of Missouri, as follows :
ARTICLE I.
Of boundaries and general powers.
Sec. 1. All that district of country in the county of Jackson and State of Missouri embracing fractional section No. 32. in township No. 50, of range
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No. 33, and all of east half of the southeast fractional quarter of section No. 31, in the same township and range; also, the north-east quarter of the north- east quarter section No. 6, in township No. 49, of range No. 33; also, the north half of the north-west quarter of section No. 5, in the same township and range; also, the north-west quarter of the north-east quarter of the same section, township and range, extending, also, due north of the land herein described, to the middle of the main channel of the Missouri river, shall be and the same is hereby incorporated and erected as a city by the name and style of "The City of Kansas," and by that name shall be known in law and equity, have perpetual succession, sue and be sued, implead and be impleaded, defend and be defended against, in all courts of law and equity, having competent jurisdiction, and in all actions and matters what- soever, may grant, lease, purchase, receive and hold property, real, personal and mixed, within said city, and may sell, lease and dispose of the same for the benefit of said city, may have a common seal and may alter the same at pleasure.
ARTICLE II.
See. 1. The second, third, fourth, fifth, sixth, seventh and eighth sec- tions of an act entitled "An Act to Incorporate the City of St. Joseph," ap- proved February 22d, 1851, shall be applicable to, and shall be in full force and effect in the city of Kansas, except as hereinafter provided, and except that whenever in said act, the word "St. Joseph" occurs, the word "Kansas" shall be substituted in lieu thereof, and whenever the word "Buchanan" occurs in said act, the word "Jackson" shall be used in lieu thereof, and. whenever the word "Washington" ocurs in said act, the word "Kaw" shall be used in lien thereof.
The said sections of the act referred to in article second of this act are in the words and figures following, to-wit:
"ARTICLE II "Of the city council.
"Sec. 1. The corporate powers and duties of said city shall be vested in "a Mayor and Councilmen, and such other officers as are hereinafter named.
"Sec. 2. The Board of Councilmen shall consist of six members, for the "election of whom the city shall be divided into convenient wards which "may be altered from time to time, as the convenience of the inhabitants "may require; and the said Councilmen shall be apportioned among the "several wards in proportion to the free white male inhabitants thereof.
"Sec. 3. No person shall be eligible to be a member of the City Council "until he shall have resided twelve months within the limits of the corpora- "tion and paid a town or city tax, and shall be, at the time of his election, "not less than twenty-one years of age, and a citizen of the United States,
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"and all other city officers shall require the same qualifications as are re- "quired to be possessed by the members of the City Council.
"Sec. 4. Whenever there shall be a tie in the election of councilmen, "the judges of the election shall certify the same to the Mayor, who shall "determine the same by lot in such manner as shall be provided by ordinance.
"See. 5. If any councilman shall, after his election, move from the "ward from which he was elected in said city, his office shall be thereby "vacated.
"Sec. 6. The Board of Councilmen shall judge of the qualifications, "elections and returns of the members thereof, a majority of whom shall con- "stitute a quorum to do business; but a smaller number may adjourn from "day to day and compel the attendance of absent members in such manner "and under such penalties as the board may provide; the said Board may "determine the rules of their proceedings, punish their members for disor- "derly conduct, and, by the concurrence of two-thirds of the whole number "elected, may expel a member, and shall, on motion of any member, cause "the ayes and noes to be entered on their journal.
"See. 7. All vacancies that shall occur in the Board of Councilmen shall "be filled by elections of the people, in such a manner as shall be provided by "ordinance, and no councilman shall be appointed to any office under au- "thority of the city, during the time he shall be a member of the Board of Councilmen.
See. S. The Mayor, Councilmen, and other officers of the city, shall, "before entering upon the duties of their several offices, respectively take an "oath or affirmation to support the Constitution of the United States, and of "the State of Missouri, and faithfully to demean themselves in office.
"ARTICLE III.
"Of the chief executive power.
"Sec. 1. The chief executive officer of the city shall be a Mayor, who "shall be elected by the qualified voters of the city, and shall hold his office "for one year, and until his successor shall be elected and qualified, and shall "be the owner of real estate within the city, and shall have resided within the "eity at least two years at the time of his election.
"See. 2. If any Mayor, during the time for which he shall have been "elected, shall remove from the city, his office shall be vacated, and all va- "cancies in said office shall be filled by election by the people.
"See. 3. When two or more persons shall have an equal number of votes "for Mayor, the judges of election shall certify the same to the City Council, "who shall proceed to determine the same by lot, in such manner as may be "provided by ordinances, and when an election of Mayor shall be contested,
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"the City Council shall determine the same in such manner as shall be pre- "scribed by ordinance.
"Sec. 4. The Mayor shall be ex-officio President of the Board of Coun- "cilmen, and with the advice and consent of said Board, shall appoint all "officers of the city, not otherwise provided for, but shall have no vote in said "Board except in case of a tie.
"Sec. 5. The Mayor shall take care that the laws of the State and ordi- "nances of the city, are duly enforced within the city; he shall have power, "with the consent of the city Council, to remove from office any person hold- "ing office created as aforesaid; he may remit fines and forfeitures, grant "reprieves and pardons, in any case arising under the ordinances of the city; "he shall be a conservator of the peace within the limits of the city; he shall "have power to fill all vacancies that may happen to any other office than "that of Councilman, which said appointment so made, shall continue until "the end of the next regular meeting of the City Council, thereafter; he "shall from time to time, give to (the) City Council information relative "to the state and condition of the city, and shall recommend to their con- "sideration such measures as he shall deem expedient; he may on extraordi- "nary occasions convene the City Council by proclamation, stating to them "when assembled the object for which they are convened, and shall receive "such compensation for his services as shall be provided by ordinance, not "(to) exceed the sum of fifty dollars for the first two years after the first "election under this act over and above the fees which shall accrue to him "in the exercise of the powers and duties granted to him in this act.
"See. 6. The Mayor shall be ex-officio a Justice of the Peace within "and for the city, and shall have the same jurisdiction in all cases in the "city as a Justice of the Peace shall, by laws of the State for the time have, "in their respective townships; he shall have the same powers and proceed "in the same manner and be governed in all things by the same rules of "proceeding, which may be in force for the time regulating justices courts; "he shall grant appeals to the Circuit Court of Buchanan County; and be "in all things subject to the same superintending control of that Court that "justices of the peace by the laws of the State, may for the time being; he "shall be authorized to administer oaths. take depositions and acknowledg- "ments of deeds, mortgages and other instruments of writing. affecting the "title of lands, and certify the same under the seal of the city, which shall "be received as good and valid throughout the State of Missouri; he shall "have original and exclusive jurisdiction in all proceedings under the ordi- "nances of the city, and concurrent jurisdiction in all other cases in which "he is by this act, authorized to act as judicial officer, and in proceeding under "the ordinances of the city. he shall receive for his services such fees as he
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"shall be allowed by ordinance, and in other cases, his fees shall be the same "as justices of the peace are entitled to by the laws of the State of Missouri. "See. 7. In ease the Mayor, shall at any time be guilty of palpable "omission of duty, or shall willfully and corruptly be guilty of oppression, "maleonduct or partiality, in the discharge of the duties of his office, he shall "be liable to be indicted in the Circuit Court of Buchanan County, and on "conviction he shall be fined not more than two hundred dollars, and the "court shall have power, on the recommendation of the jury, to add to the "judgment of the court that he be removed from offiee.
.
"Sec. 8. The Mayor shall have the power to issue all necessary writs "to bring parties before him forthwith, and to try, hear and determine, and "punish any offences against the ordinances of the city, in a summary man- "ner according to the provisions of any ordinance, a breach whereof is "charged; provided, however, an appeal may be taken in all eases over five "dollars, to the Circuit Court of Buchanan County, upon the condition of "the laws of the State.
"ARTICLE IV. "Of elections.
"Sec. 1. A general election for Mayor and Councilmen of said city, "shall be held on the first Monday in April, one thousand eight hundred and "fifty-one, and on the first Monday in April, in each and every year there- "after, and the trustees of the town of St. Joseph, at the time of the passage "of this act, shall provide for, and order the first eleetion under it, and on the "second Monday in April thereafter, the Mayor and Councilmen shall hold "their first meeting, and shall forever after hold their stated meetings on the "second Mondays in April, July, October and January, in each and every "year; provided, however, that the Mayor and Councilmen may change the "time of their stated meetings, so that there shall never be more than four "stated meetings in one year.
"See. 2. All free white male inhabitants, over the age of twenty-one "years, who are entitled to vote for State officers, who shall (have) resided "within the city six months, next preceding sueh election, and who shall have "paid a town or city tax, shall be entitled to vote for eity officers, and elections "for eity officers shall be by ballot.
"See. 3. Elections for city officers shall be conducted in such manner "as shall be provided by ordinanee.
ARTICLE V. "Legislative powers of the city council.
"Sec. 1. The Mayor and Councilmen shall (have) power by ordinance, "to levy and collect taxes upon real and personal estate within the city, not
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"exceeding one half of one per cent upon the assessed value thereof, except "as hereinafter excepted.
"Sec. 2. To make regulations to prevent the introduction of contagious "diseases, to make quarantine laws for that purpose, and enforce them within "the city, and within five miles thereof, to make regulations to secure the "general health of the inhabitants, and prevent and remove nuisances.
"Sec. 3. To establish night watches and patrols, to erect lamps in the "streets and light the same.
"Sec. 4. To improve the navigation of the Missouri River within the "city limits.
"Sec. 5. To erect, regulate and repair the stationary, anchorage and "mooring of vessels.
"Sec. 6. To provide for licensing, taxing and regulating auctioneers, "retailers, ordinaries, taverns, billiard tables, hackney carriages, wagons, carts, "drays, hawkers, peddlers, theatrical and other amusements, circuses, shows "and exhibitions of every character and fix the charges of the vehicles in "this section mentioned.
"Sec. 7. To restrain and prohibit tippling houses, gaming houses, bawdy "houses, and all other disorderly houses.
"See. 8. To establish, erect and keep in repair bridges, culverts, drains "and sewers, and regulate the use of the same; to establish, alter and change "the channel of water courses, and to wall them up and cover them over; "to erect, repair and regulate public wharves and docks; to regulate the erec- "tion and repair of private wharves and docks, and to fix the rate of wharfage "thereat.
"Sec. 9. To establish and repair markets and regulate the same.
"Sec. 10. To open, alter, abolish, widen and extend; establish, grade, "pave or otherwise improve and keep in repair, streets, avenues, lanes, drains "and sewers.
"Sec. 11. To provide for the safe keeping of standard weights and "measures to be used in said city.
"Sec. 12. To regulate the cleaning of chimneys and fix the price there- "of.
"Sec. 13. To provide for the inspection of lumber, and other building "materials to be used in the city.
"Sec. 14. To regulate the size of bricks to be used in the city.
"Sec. 15. To regulate and order parapet walls and partition fences.
"Sec. 16. To provide for inspection and weighing of hay, and stone, "coal, measuring of charcoal, firewood and other fuel to be used in the city.
"Sec. 17. To regulate the inspection of butter and lard, and the weight "and quantity of bread.
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"Sec. 18. To regulate the storage of gunpowder, tar, pitch, rosin, hemp, "cotton and all other combustible materials.
"Sec. 19. To provide the city with water, and erect hydrants, fire plugs "and pumps, on the streets within or beyond the boundaries of the city, for "the convenience of the inhabitants of the city and environs.
"Sec. 20. To provide for the prevention and extinguishment of fires, "and to establish fire companies.
"Sec. 21. To prevent and restrain the meeting of slaves.
"Sec. 22. To prevent furious and unnecessary running, galloping, rid- "ing, driving of any horse, mule or any other animal within the limits of said "city.
"Sec. 23. To pass such ordinances for the regulation and police of said "city, and commons thereto attached and belonging, as the said Mayor and "Councilmen shall deem necessary to carry into effect the object of this act, "and the powers hereby granted, as the good of the inhabitants may require. "Provided, that no ordinance shall be inconsistent or repugnant to the laws "of this State.
"Sec. 24. To impose fines, penalties and forfeitures for the breach of "any ordinance, and provide for the collection thereof: Provided, that no "tax shall be levied on the implements of any person used in carrying ou "his trade or business, nor shall the same be subject to distress or sale for "taxes, while the owner thereof shall be engaged in carrying on such trade or "business.
"Sec. 25. To appropriate money and provide for the payment of the "debt and expenses of the city, and to borrow money on the credit of the ""city, if it be necessary for any public improvement in said city ; provided, "the proposition to borrow money specifying the sum, the terms, and the "objects of expenditures, be first submitted to a vote of the owners of real es- 'tate in said city, and shall have received the sanction of a majority of such "owners of real estate; who alone shall be entitled to vote on such proposition.
"Sec. 26. To divide the city into wards, and to alter the boundaries "thereof, as they may deem necessary in conformity to section two in article "number two.
"Sec. 27. To provide for the erection of all needful buildings for the "use of said city.
"Sec. 28. To provide for the enclosing (and) improving all public "grounds, belonging to the city.
"Sec. 29. To provide for the enumeration of the inhabitants of the "city.
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"Sec. 30. To fix the compensation of the city officers, and regulate "the fees of jurors and witnesses, and others, for services rendered under this "act or any ordinance.
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