USA > Missouri > Jackson County > Kansas City > Kansas City, Missouri : its history and its people 1808-1908 > Part 44
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ARTICLE VI. "Proceedings in special cases.
"Sec. 1. Upon the application of the holders of two-thirds of the front "street, or part of a street, it shall be lawful for the Mayor and Councilmen "to levy and collect a special tax on the holders thereof, according to the "assessed value of their respective fronts, for the purpose of grading and "paving such street, or part of a street, which shall be faithfully applied to "such purpose and no other; and upon similar application to levy a tax for "the purpose of lighting the streets, or erecting lamps therein, which tax "when collected, shall be applied to the object aforesaid.
"Sec. 2. The Mayor and Councilmen shall have power to regulate, "pave and improve, the streets, and to extend, open or widen streets, avenues, "lanes or alleys, upon making the person injured thereby, adequate compen- "sation therefor, to ascertain the amount of which, the Mayor shall in all "cases cause a jury to be summoned and sworn to assess the damages, which "jury shall consist of six house-holders, and it may be good cause of per- "emptory challenge to a juror, that he is a citizen of the city, or owns taxable "property therein ; and for the purpose of procuring an impartial jury in such "case, the Mayor of the city may in the first instance, issue his precept for a "jury to the constable in Washington township, and upon all cases for the "assessment of damages as provided for in this act, the Mayor of the city "shall preside.
"Sec. 3. When any assessment of damages, shall have been made, as "in this act provided, for opening, widening, extending or altering any street, "avenue, lane or alley, in said city, and either the Mayor or Councilmen and "citizens of the city, or other person or persons feel aggrieved thereby, such "party so aggrieved, may take an appeal from such assessment to the Circuit "Court of Buchanan County; which said appeal shall be granted by the "Mayor, in the same manner and upon the same terms as appeals shall for "the same time, be allowed from Justices of Peace to the Circuit court, "by the laws of this State.
"Sec. 4. When any such appeal shall be taken the Circuit court, the "same shall be tried as other issues in said court, and in case damages be as- "sessed to any person by a jury or court, the same shall be paid out of the "city treasury before the property of such person shall be taken for public "use.
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HISTORY OF KANSAS CITY
ARTICLE VII. "Of commons and school lots.
"Sec. 1. All powers heretofore granted to the Trustees of the town of "St. Joseph, over and relating to the commons thereto attached, and belong- "ing, are hereby vested and continued in the Mayor and Councilmen of the "City of St. Joseph, created by this act; and the said Mayor and Councilmen "shall have power to manage, lease and sell any or all of said commons in "fee simple, on such terms and conditions as they may provide by ordinance, "and invest or use the proceeds thereof for the benefit of said city.
"Sec. 2. The said Mayor and Councilmen shall have power to sell in "fee simple, lease, regulate or otherwise dispose of all lots of ground and all "money or property to which the inhabitants may be entitled for the benefit "of schools; and may take all necessary steps to maintain suits to recover the "same, or effect compromise with conflicting claimants; and to appropriate "such money or property, in such manner as they may consider advantageous "to the support of Schools.
ARTICLE VIII. "Miscellaneous provisions.
"Sec. 1. The Councilmen shall choose by ballot from their body a "President, pro tempore, who in the absence of the Mayor, or in case of a "vacancy in his office, from any cause whatever, shall exercise the powers "and perform the duties of Mayor, until said office shall be filled as before "provided.
"Sec. 2. Every ordinance which shall have been passed by the City "Council, shall, before it becomes a law, be presented to the Mayor for his "approval; if he approve, he shall sign it, if not, he shall return the same "with his objections, and the City Council shall reconsider the same, and if, "after such reconsideration, two-thirds of the whole number of Councilmen "elected, shall pass the ordinance notwithstanding his objections, it shall "become a law; in all such cases of reconsideration, the yeas and nays shall be "entered on the journal; if any ordinance be not returned to the City Council "or the Register within three days after it shall have been delivered to the "Mayor, it shall become a law in the same manner as if he had approved it. "Sec. 3. The style of all ordinances of the city shall be 'Be it ordained "by the City of St. Joseph,' and all ordinances shall within one month after "they are passed, be published in said city.
"Sec. 4. There shall be appointed a City Register, who shall be the "clerk of the City Council, and who shall hold his office for one year and "until his successor shall be appointed and qualified, unless sooner removed. "Before he enters upon the duties of his office, he shall give bond to the "Mayor and Councilmen of the City of St. Joseph, with sufficient security
564
HISTORY OF KANSAS CITY
"to be approved by the Mayor for the faithful discharge of the duties of his "office. The City Council shall cause a faithful record to be kept by the Regis- "ter, which shall at all convenient times, be open for the inspection of all "persons; and said Register shall safely keep and preserve in his office, all "records, public papers and documents of the city, and shall perform all du- "ties, as shall be enjoined on him by ordinance.
"Sec. 5. There shall be elected by the qualified voters a City Marshal, "who shall be ex-officio City Collector, who shall hold his office for one "year, and until his successor shall be duly appointed and qualified, unless "sooner removed, and said Marshal shall, before entering on the duties of his "office, give bond to the Mayor and Councilmen of the City of St. Joseph, "with sufficient security to be approved by the Mayor for the faithful per- "formance of his duties, and he shall possess the same powers and perform "the same duties, within the limits of said city, as the constables of the town- "ship possess and perform in their respective townships, and he shall execute "and return all process which shall be issued by the Mayor of the city; he "may serve criminal process, warrants and subpoenas issued by the Mayor, in "any part of Buchanan County, for offences committed within the limits "of the city, and shall perform all such other duties as the City Council may "by ordinance prescribe, and he shall be entitled to the same fees for the ser- "vices and return of all process in Washington township, as are allowed to "the constables of this State for similar services; and when required to go "beyond the limits of said township, he shall be entitled to the same fees as "sheriff's of this State for similar services.
"Sec. 6. There shall be appointed an Assessor for said city, who shall "give bond and security, to be approved by the Mayor, conditioned for faith- "ful discharge of his duties, whose duties shall be prescribed by ordinance.
"Sec. 7. There shall be appointed a Treasurer for said city, who shall "hold his office for one year, unless sooner removed, who, before he enters "upon the duties of his office, shall give bond and security to be approved "by the Mayor, conditioned for the faithful discharge of the duties of his "office, which duties shall be prescribed by ordinance.
"Sec. 8. The Mayor and Council shall have exclusive power to license "and regulate ferries in said city, to fix the rate of ferriage, and take suffi- "cient bond and security from ferrymen, and all taxes raised from ferry license "shall be paid to said City Council, for the use of the city and said City Coun- "cil, shall provide safe landings for said ferries ; but said Mayor and Council- "men shall not grant the exclusive privilege of keeping a ferry in said city, "to any person or persons, for a longer term than one year.
"Sec. 9. All citizens within the corporate limits of the city, shall be "exempt from working on public roads or highways beyond the limits of the
565
HISTORY OF KANSAS CITY
"city, nor shall they be compelled to pay any tax for keeping the same in re- "pair, and so much of the State and County roads, as lie within the city limits, "be, and the same are hereby vacated.
"Sec. 10. The Mayor and City Council shall have power to levy and "collect a poll tax, not exceeding one dollar and fifty cents for every year, "upon all free white male persons within said city, over the age of sixteen "and under fifty-five years, who shall have resided within the city three "months, which tax shall be appropriated to the improving the streets within "the limits of the city.
"Sec. 11. The members of all Fire Companies formed under this act, "shall be exempt from serving on juries in any court of this State.
"Sec. 12. All property, real and personal, heretofore belonging to the "inhabitants of the town of St. Joseph, or the Trustees thereof in the corpor- "ate capacity, shall be and is hereby declared to be vested in the corporation "hereby created, and all suits commenced for and on behalf of the town of "St. Joseph, shall be prosecuted to final judgment, and execution as if this "act had not been passed, and all money arising therefrom, and all fines, "penalties and forfeitures accruing to said town of St. Joseph, shall be paid "to the City Council for the use of the city created by this act, all ordinances "now in force, and which may be in force when this act takes effect, shall "remain in force as ordinances of the city, until altered, modified or repealed "by the city ordinances to be passed under this act; all actions, fines, penal- "ties and forfeitures, which shall have accrued or may accrue to the town of "St. Joseph, shall be, and are hereby declared vested in said corporation, and "suits may be prosecuted therefore, in the name of the corporation created "by said act.
"Sec. 13. The Mayor and Councilmen shall have power to pass ordi- "nances, imposing fines, penalties and forfeitures on the owners and masters "of slaves, suffered to go at large, upon the hiring of their own time, or to "act or deal as free persons, and to pass ordinances to tax, restrain, regulate "and prescribe the terms upon which free negroes and mulattoes shall be "permitted to reside in the city.
"Sec. 14. The 'Mayor and Councilmen shall have power to sell real "estate for special tax, and to provide for the redemption thereof, by ordinance, "in such manner as shall not be inconsistent with the laws of this State, as "they shall find necessary, and may in the same manner give power to their "collector to levy and sell any personal property, none of which shall be "exempt from said special tax, or in any manner to provide for enforcing "the collection of all taxes, not inconsistent with the laws of this State.
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HISTORY OF KANSAS CITY
"Sec. 15. At the end of every corporate year, the Mayor and Councilmen "shall cause to be made in a plain hand writing, a full and complete state- "ment of all moneys received and expended during the preceding year, show- "ing on what account received and expended; a copy of which statement shall "be published in said city, in such manner as shall be prescribed by ordi- "nance.
"Sec. 16. The Mayor and Councilmen shall not expend more than one "thousand dollars annually for the payment of the salaries of the city offi- "eers. No money shall be paid out of the Treasury unless in pursuance of "appropriations made by ordinance, nor shall the Mayor and Couneilmen "have power to contraet, or in any manner create a debt or liability of said "corporation, exceeding the sum of one thousand dollars over and above the "amount in the Treasury of said city, not otherwise appropriated.
"See. 17. Whenever the city of St. Joseph shall organize a workhouse "in said city, and any person who shall fail or negleet to pay any fine or "costs imposed on him by any ordinance of the city, for any misdemeanor "or breach of any ordinance, shall, instead of being committed to the jail "of the county, be committed to the workhouse, until such fine or costs shall "be fully paid; provided, however, that no such imprisonment shall exceed "ninety days. Every person so committed to the workhouse, shall be required "to work for the city at such labor as his health and strength will permit, "not exceeding ten hours in each day, and for such work and labor the person "so employed, shall be allowed, exelusive of his board, the sum of fifty eents "per day, which amount shall go to the payment of such fines or costs.
"Sec. 18. The Mayor shall decide and be governed by the laws of this "State, in all matters not provided by ordinanee or the provisions of this act.
"Sec. 19. The Mayor and Councilmen shall have power to provide for "the appointment of all officers, servants and agents of the eity not otherwise "provided for.
"Sec. 20. The Mayor and Councilmen shall have power to open new "streets in the new limits, without the consent of the owners.
"Sec. 21. This aet is hereby declared to be a public act, and may be "read in evidence in all courts of law and equity in this State, without proof ; "and all ordinanees of the City Council may be proved by corporation seal, "when printed and published in book form, and purporting to have been "printed by the authority of the City Council, the same shall be received "in all eourts and places without further proof.
"Sec. 22. The General Assembly may at any time, alter, amend or "repeal this charter or any part thereof.
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HISTORY OF KANSAS CITY
"Sec. 23. All acts and parts of acts coming within the purview of this "act, and inconsistent therewith, are hereby repealed.
"Sec. 24. The Trustees of the town of St. Joseph, in office at the time "of the passage of this act, shall continue in office until the first Monday "in April next, until they shall be superseded under the provisions of this "act, and it shall be the duty of the Trustees now in office to lay the town "off in convenient wards, and to order and provide for the holding of the first "election under this act. This act to take effect and be in force from and after "its passage. Approved February 22, 1851."
ARTICLE III. Of elections.
Sec. 1. A general election for Mayor and Councilmen and Marshal of the City of Kansas, shall be held on the first Monday in April, in the year of oui Lord one thousand eight hundred and fifty-three, and on the first Monday in April in each and every year thereafter.
Sec. 2. All free white male inhabitants of said city, who are entitled to vote at State elections in the County of Jackson, and who shall have resided the last preceding months in said city, shall be entitled to vote any election held under this charter.
ARTICLE IV. Miscellaneous provisions.
Sec. 1. All money that may have been heretofore collected, and not expended under the laws and regulations of the town of Kansas, as hereto- fore incorporated by the County Court of Jackson County under the statutes of this State, shall be paid over by the former collector or Treasurer of said town, or by any person in whose possession said money may be the Treasurer of the city; as soon as one shall have been appointed under the provisions of this act, and the Mayor shall have power to bring suit in the name of the "City of Kansas," and compel the payment of the same.
Sec. 2. Upon the application of the owners of two-thirds of the real estate fronting on any street or part of a street in said city, it shall be lawful for the Mayor and Council to levy and collect a special tax on the owners thereof, according to the assessed value of said real estate, for the purposes of grading and paving of such street or part of a street, or for the purpose of erecting lamps thereon, and lighting the same; which tax when collected, shall not be applied to any other than the purposes herein specified.
Sec. 3. The City Council shall hold their stated meetings on the second Mondays in April, July, October and January in each and every year, and may adjourn from time to time as they may think proper, provided, however, that the Mayor and the Councilmen may change the time of their stated meet- ings so that no more than four stated meetings shall be held in one year.
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HISTORY OF KANSAS CITY
Sec. 4. Lot Coffman, Benoist Troost and Thompson McDaniel, are here- by appointed commissioners and judges, whose duty it shall be to hold an election on the fourth Monday in March, in the year eighteen hundred and fifty-three, having first given ten days notice by at least six written or printed hand bills, put up at six of the most public places within the limits hereinbe- fore described, for the purpose of ascertaining whether the qualified voters within said limits will accept or reject this charter, and if a majority of said qualified voters, voting on that day, shall be in favor of accepting the provis- ions of this act, then and from that day, this act shall be in full force and effect, otherwise, it shall be void and of no effect.
Sec. 5. If this charter shall be accepted as specified in the last section, the aforesaid commissioners shall proceed to hold the first regular election for the City Officers, under the provisions of this act, provided; that, if any of said commissioners fail or refuse to act as such, then the remaining com- missioner or commissioners shall appoint one or two good citizens of Kansas to fill the vacancies so created, and shall appoint their own clerks, and some suitable person to cry the votes, and as soon as possible, after the election is over, said commissioner shall proceed to count the votes, and shall make out and deliver to each person duly elected, a certificate of his election, signed by their names, and thereupon, the Mayor and Councilmen and Marshal, so elected, shall be duly qualified, and enter upon the discharge of their re- spective duties, provided, also, that if said commissioners fail to hold the above named elections at the time specified in this act, it shall be lawful to hold them at any time within six months after the passage of this act.
Approved February 22, 1853.
Missouri
State
Seal.
Office of Secretary of State. I, John M. Richardson, Secretary of State, hereby certify the foregoing is a correct copy of the original roll on file, in my office, of an act passed by the General Assembly of the State of Missouri, entitled, "An Act to Incorporate the City of Kansas."
In testimony whereof, I have hereunto set my hand, and affixed the seal of said office. Done at the office of Secretary of State, in the City of Jeffer- son, this 5th of March, 1853.
JOHN M. RICHARDSON, Secretary of State.
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HISTORY OF KANSAS CITY
CHAPTER XXVI.
PARKS AND BOULEVARDS.
The redemption of a city's plague spots and unsightly and uninviting sections by the substitute of finely improved boulevards, well kept parks and public playgrounds is evidence of civic spirit that today is turning to mu- nicipal embellishment and improvement as a valuable asset in the business of making cities.
We are in the age of municipal adornment and improvement and the city that fails to locate broad and attractive boulevards, purchase and improve parks and adorn and equip plazas and playgrounds, will fail in the race for the greater city life and business. The spirit of money getting and in- dustrial extension is today a partner of the landscape architect in his plans for civic beauty.
The condition of the public mind of today upon the park, and, naturally following, the playground proposition, is a radical departure from that of five years ago. There are many good people whose activities of life turn to the betterment of humanity, to the consideration of better sanitation, better housing, food, clothing and better mental conditions and aspirations for those who are the "hewers of wood and drawers of water" in the seem- ingly unequal race for life and existence. It is to this class that we must largely give credit for the marked change in public sentiment.
Executive officers of cities now vie with these good citizens in their ef- forts to provide municipal legislation favorable to this development in civic life.
Our own city is now thoroughly awake to this advancement in urban life and as we add miles to our boulevard system, so we shall establish bath houses, swimming pools and playgrounds for both summer and winter. The present generation should so build the park system, and there is every indi- cation that it is doing so, that future generations may amplify the same with a higher degree of finish in the established and improved portions and ex- tensions that may become a harmonious part of the whole.
This growing, thriving municipality will as surely require vast addi- tions to its public recreation grounds and beautiful boulevards as it will re- quire new streets and extensions of all its public utilities.
It is now sixteen years since park work became a factor in Kansas City municipal life, although the charter of 1889 contained a special article re- lating to parks. The late Judge John K. Cravens was the author of this, the first evidence of an attempt to make provision for these public neces- sities. A legal technicality, however, was found that, when passed upon by
City
Limits
KANSAS
NORTH TERRACE PARK -
St. John
100
800₺ PARK
City Hall
County Court House
IND
Independence
Ave
CITY
Depot
SIVINY4
SP
NORTH
Ave
EAST
Mer
120
Convention Hall
PASPO
S
THAT CHONE
KANSAS
175
5
180
5
City Limite
HOLMES
SQUARE
WEST
ODStRATION
Proposed Union Station
ive
St
SOUTH
SF
270
St
SPRING
PART
Holly
3/8
St
Southwest
BARNES
Summit
ROSEDALE
PASCA
Rood
POANOM1 PARA
Cleveland
Tapping
WESTPORT
GILLNAM
City Limits
S
KANSAS
MISSOURI
SOUTHTONLAND MAN
SROPE
490
S
Trods!
Praspect
55
S
BOARD OF
PARKWAY
2 PARK COMMISSIONERS * Map showing the PARK AND BOULEVARD SYSTEM
SWOPE
OF KANSAS CITY~ MISSOURI
GEO E KESSLER, Landscape Ardvitect. W H. DUN Supt. of Puts
SWIPE PINK
1908
SI
2000
8000
Scale of feet
LINWOOD
BOULEVARD
RIVER
Westport
AVE
CREEX
BLUE
Elmwood
..
KANSAS
RIVER
WEST TRARACE
150
Delor are)
Union
@ federal Blag
RIVER
MISSOURI
PENN VALLEY PARK
ROAD
VIEW ON NORTH CLIFF DRIVE BEFORE CONSTRUCTION WORK.
A GLIMPSE OF THE FAMOUS CLIFF DRIVE, NORTH TERRACE PARK-31% MILES. SAME VIEW AFTER CON- STRUCTION OF ROAD.
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HISTORY OF KANSAS CITY
the courts, caused the article to be declared void. In 1893 the works as- sumed tangible shape in the form of an exhaustive report submitted by the first board of park commissioners to the mayor, the Hon. W. S. Cowherd, then filling the executive chair. The following extracts from the letter transmitting this report indicate the careful and thoroughly businesslike work of the commissioners and landscape architect, Mr. George E. Kessler:
"While the recommendation of one improvement at a time may seem to possess the merit of conservatism, such a course certainly is open to the criticism that it does not permit, on the part of the public an intelligent judgment upon the value of such improvement. The community as a whole can hardly be expected to be familiar with the topographical and other con- ditions within and about the city, or with all or even a considerable por- tion of locality within the city, or in its immediate vicinity, that possess great natural beauty. The value of selections for public purposes, their most satisfactory distribution, and the dependence of one improvement upon another, cannot be appreciated without a general plan, and without a full discussion of the considerations that have had a voice in the preparation of such a plan.
"We have therefore thought it best to prepare a plan embodying all im- provements which, in our opinion, should be undertaken in the near future.
* * * *
"We realize that we ought to call attention to the following important guiding facts that we have constantly had before us.
"That we are charged with the duty of developing a plan that shall not only meet present, but future wants.
"That to undertake important work in a half-hearted manner is the poorest economy, and that it is far better to plan comprehensively and broadly and proceed with actual construction leisurely, than to attempt economy in the original plans."
This report outlined a general plan of improvement for the entire city and with only minor changes these plans have been carried out, during the twelve years of active work, by the commissioners under the guidance of the landscape architect.
A perusal of the report shows clearly an appreciation of the possibilities, in Kansas City, of development in landscape architecture and as well a re- markable prophecy as to the advantages to accrue to the city from expendi- tures in this direction. Extended extracts will best tell the story of this early work :
"Lying amidst singularly beautiful surroundings, possessing an irreg- ular and diversified topography that would lend itself readily to improve- ment under the hand of the landscape architect, and abounding within her
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