The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-19
E(AL.
Published in The Topeka State Journal
March Is. 1913.
HOUSE BILL No. $50.

AN ACT relating to cities of the third
class. and repeating all acts inconsistent
and in conflict with this act insofar as
the same relate to cities of the third
class which adopt the provisions of this
act as herein provided.
Be it enacted by the Legislature of the
State of Kansas:
ARTICLE 1.-General Provisions.
Section l. All cities of the third class
which shall adopt the provisions of this
act, by a majority vote of all electors
voting at special election called for that
purpose as hereinafter provided, shall be
governed by the provisions of this act
Sec 2. Each city governed by the pro-
visions of this act shall be body cor
porate and polite, and the powers hereby
granted shall be exercised by the board
of commissioners of such city as herein
after set FORTH and such board of COM
nissioners shall have and exercise all
such rights, powers and duties as are con-
ferred upon them by this act, and such
now or shall be hereafter conferred by
the laws of the state of Kansas upon
the mayors and councils of cities OF the
third class, insofar as the same are not
in conflict with the provisions of this act
ARTICLE lI.-Elections.
Sec. g. All city officers elected under
the provisions of this act shall be elected
by vote of the qualified electors OF the
city at large.
Sec l. There shall be an annual election
for commissioners in cities of the third
class adopting this act, and at the annual
election first held, a mayor shall be elect
ed for one year, and two commissioners,
one for two years and one for three years;
and at each annual election thereafter
one of such officers shall be elected for
term of three years, who shall hold his
office until his successor shall have been
elected and qualified.
Sec. s. All city officers coming under
the provisions of this act shall be NOM
mated and elected under the forms of
law, and at the times now prescribed, or
hereafter to be prescribed, by the laws or
the state of Kansas relating to the cleo
ton of officers of cities of the third class,
as far as the same may be applicable un-
der the provisions of this act
Sec. 6. The names of all candidates for
mayor and commissioners and 9TH
er elective offices of any city
adopting the provisions of this act
shall be arranged under the designation of
the office, in alphabetical order, according
to the SurnameS. Blank spaces shall be
left at the end of the list of candidates
for each different office equal to the num-
Der to be elected thereto. in which the
voter may insert the name of any person
not printed ro on the the ballot For whom ne
ARTICLE billboard of Commissioners:
Sec. Z. The mayor and each of said
tyrone years of age, a citizen of the
United States, and for one year immed-
lately preceding his election a resident of
such city, and a bonaf1de owner or real
estate or personal property in said city.
Sec. 8. Neither the mayor nor any com
missioner shall be elected or appointed
to any office created by, or the compensa-
ton of which was increased or fixed by,
the board of commissioners while he was
a member thereof. until the expiration of
at least two years after he has ceased
to be a member of said board.
Sec. g. The mayor and said commits
sioners shall each take an oath to faith
fully perform the duties of their said offices
and the compensations. if any, for their
services shall be regulated by ordinances
provided that ordinance determining
the salary of said mayor and commission
ers shall go into effect until approved
by referendum vote of the majority
of the legal voters of said city at any
election in said CITY.
Sec. TO- The mayor and each of said
commissioners shall, before entering upon
sufficient surety bond, to be executed
by q bonding company authorized to do
business in Kansas, payable to and Tor
the use and benefit of any such city, in
the sum of two thousand dollars, condi- !
toned for the faithful discharge of his !
duties, and that he will save such city /
harmless frc-n all loss caused by his !
neglect of duty, or misfeasance in office, !
or for the willful expenditure of. any |
and said bond, before being accepted, |
shall be approved by the district judge |
in and for the county wherein such city |
is situated. The cost of such surety bonds |
shall be borne by such city.
Sec IL. In case of any vacancy from
any cause in the office of mayor. or any /
said board of commissioners shall, within |
ten days after the happening of such
vacancy, elect some suitable person to fill |
the unexpired term until the next city
election, and in case such remaining MEM
bers cannot agree upon some such suit
able person, then they shall call in the
then city attorney, who shall cast the de-
cisive vote for such appointment. The |
resignation of the mayor or any commits
sioner elected under this act shall be
made in writing to the board of commits
sionerS for their action thereon. If the
mayor or any commissioner shall remove
from the territorial limits of such city,
such removal shall, ipso facto, be deemed
to create a vacancy in his office.
Sec T. The board of commissioners
he iOir Il
ment or such city, and shall be the sue
ceSSorS or the mayor and council, and, !
upon the qualification of the members of
SAID board OF commissioners all powers,
rights, duties and emoluments of the then
mayor and councilmen of any city adopt
Ing this act shall cease and terminate; |
but all current unfinished business shall
proceed without interruption under the
commissioners and all acts of the com
miss1onerS in respect thereto shall be
valid in every respect.
Sec. Is. The mayor shall be, ex officio,
the commissioner of the police and fire
departments, and shall have under his
special charge, and be responsible for, the
enforcement of all city ordinances and
police regulations of such city and have
general supervision over the fire depart
ment, shall have under his special charge
the public parks and all property of such
city. and shall have supervision over the
health department of such city, and shall
in conjunction with the commissioner c.
streets keep the streets, alleys and public
grounds OF such city in sanitary condi-
ton, and shall enforce all rules and reg
ulations necessary to this end and shall
protect the health of the inhabitants of
such city The board of commissioners
shall, by a majority vote of all members
thereof, designate from among their num-
Der one commissioner. who shall be
known as commissioner of finance, reve-
nue.. and water works. and lighting plant
owned by said city, who shall have under
his special charge the preparation of an
annual budget, and the levy of taxes and
the collection of all revenues belonging
to such city, from whatever source the
ma he I'D
ment of the finances of such city, and
the construction, maintenance and opera
ton of any waterworkS owned by any ]
such city; and one commissioner. who
shall he known ..cnrnI1iSsinrl streets | !