13-1708.   Commissioners in cities of less than 20,000.All cities of the first class having a population of less than twentythousand (20,000) inhabitants as shown by the last federal census, andhaving adopted or which shall hereafter adopt the commission form of citygovernment, shall be governed by a mayor and two commissioners, one ofwhich commissioners shall be known as the commissioner of finance andrevenue, and the other of said commissioners shall be known as thecommissioner of streets and public utilities; and said mayor and twocommissioners shall constitute the board of commissioners of said city. Themayor shall be the presiding officer of such board of commissioners; andthe mayor shall be, ex officio, the commissioner of the police, fire andhealth departments, and shall have under special charge and be responsiblefor the enforcement of all city ordinances and police regulations of saidcity, and shall have general supervision of the fire department, and shallhave charge of public parks and all property of such city, and shall alsohave supervision over the health department of such city, and shall enforceall orders, rules and regulations necessary to the end that the streets,alleys and public grounds shall be kept in a sanitary condition and thehealth and safety of the inhabitants of the city secured and protected.

      The commissioner of finance and revenue shall have under special chargethe preparation of an annual budget and the collection of all revenuesbelonging to such city, from whatever source the same may be derived, andthe management of the finances of such city. The commissioner of streetsand public utilities shall have special charge of and over any waterworks,light, power, heating or gas plant, street railway, telephone or telegraphline, and any other public utility owned by such city, and shall havesupervision of the streets, alleys and public highways and places of thecity, and the construction and maintenance of boulevards, public parks ordriveways, and the construction and maintenance of all public improvementswhatsoever undertaken by such city, such as sidewalks, bridges and sewers,and shall have charge of the engineering department of said city, and shallsupervise all public work, and it shall be the commissioner's duty also todemand faithful compliance from all persons, corporations or companies withany grant, franchise or privilege voted to such person, corporation orcompany by the board of commissioners.

      Said board of commissioners so constituted shall have control andsupervision over all the departments of such city, and to that end shallhave power to make and enforce such orders, rules and regulations as theymay deem fit and proper for and concerning the organization, management andoperation of all the departments of such city, and whatever agencies may becreated for the administration of its affairs. In case at any time theduties of any of said commissioners shall be found to be excessive, saidboard of commissioners, by a majority vote of all the members thereof, mayrelieve said commissioner by assigning to some other member of said board,for a time to be by them determined, a portion of the work assigned to saidcommissioner; and said board may from time to time assign such furtherduties to each of said commissioners as shall be for the best interests ofsuch city. And said board of commissioners shall have and exercise allother and further rights, powers and duties as now or may hereafter beconferred by the laws of the state of Kansas upon the governing body ofcities of the first class not in conflict with the provisions of this act:Provided, however, This act shall not apply to cities of the firstclass located in counties having a population of less than 45,000 andhaving a military post within its borders: And provided further, Thisact shall not apply to cities of the first class wherein is located a stateteachers college.

      History:   L. 1915, ch. 215, § 1; L. 1917, ch. 103, § 1; L. 1921, ch. 103, § 1;R.S. 1923, § 13-1708; L. 1935, ch. 112, § 1; Feb. 18.