Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1898-12-10

IN the circuit court Of Jackson county, Missouri,
at Kansas City. Division No. two ~. Case No.
34o72. In the matter OF the proceedings to ascertain
and assess damages and benefits TO arise from the
proposed grading of Eleventh Qlth) street from Pros
pect avenue to Bellefontaine avenue, in Kansas City.
Jackson county. Missouri, under ordinance OF Kansas
City, Missouri, No. 1864. approved on the cath day of
June, A. d. 1883. and entitled AN ordinance to
grade 18th street from Prospect avenue to Bellefon-
tame avenue" Now on this. the 10th day of No
yember. a. d. 1898. in this. the circuit, court Of
jackson county. Missouri. at Kansas City, division
number two ~. comes Kansas City, Missouri, ap-
pesring By its assistant counselor. 5. S. VIM. Esq.
caused to be Hled in this court a certified copy Of
the aforesaid ordinance. and the court, being FULLY
advised in the premises. makes the following order
To All Persons Whom 1t May Concern. Greeting:
Whereas, A certified copy Of an ordinance Of Kan
ss City, Missouri, No. 1864. approved on the 2ith day
Of June, A. ID. 1895. and entitled IAN ordinance to
grade 18th street from Prospect avenue to Bellefon-
tame avenue was by the mayor OF Kansas CITY.
Missouri, caused to be filed in the circuit court OF
jackson county, Missouri. at Kansas City. and the
limits within which private property is benefited by
the proposed grading being stated and defined therein
and which said ordinance IS substantially as follows,
10 it ordained by the common council of kansas
Ssction /. That Eleventh dlth) street from Pros
meet avenue 10 Bellcfontaine avenue shIIi be graded
The full width thereof and to the established grade
" section :. Entertainments or fills shall he made o..
earth or rock, or both combined. The work herein
authorized may be protected from surface water by
temporary drains or culverts. put in under the direc-
tiop of the board OF public works. as the said boar 4
nay deem necessary, and the same may be closed.
renewed or altered at will. in accordance with the
! provisions of section 10. of article IN. charter q
Kansas city.
made IL shall be necessary, in the opinion Of the
CIV engineer. by reason OF injunction proceedings or
proper objections on me par oil abuttlns property
owners, or for any other similar good and ~surieieu.
reason, to construct a wall. or walls, for the supper
and sustaining of any part OF the street graded
(which wall. or walls. shall not have been Included
in the approximate estimate for the making of the
Improvement. in the place OF the usual slope giveu
to such embsnkmeut, the city engineer may design a
plan for a wall, or walls. suitable for the purpose,
\ and require the contractor 10 construct the same Ia
accordance Herewith under his supervision and sui,
\ iect 10 his approval and acceptance, and the constrtir
tion Of said wall. or walls, shall be deemed i neces
sary part Of the work and improvement authorized .,
he made, and the cost thereof shall be estimated Ar
and deemed u part Of the cost OF grading said stree,
10 its legally established grade, and be paid for in
special tax bills accordingly. Provided, hoWeyer
that the price TO be paid the contractor for each an,
all of the materials furnished. and for all labor don,
In constructing such wall. or walls. shall be ave-
and determined by tine city engineer, ana shall unde
no circumstances be in excess Of the actual COS, -
such work. plus a reasonable sum tnot TO exceed re,
Gm per eentum OF such actual cost. as pro6t m w.,
expenditure involved IN the part Of the contractor "
section 4. The work shall be paid for in sp.ri.
tax bills against and upon the lands that NAV y,
charged with the cost thereof, according to IsS
which work the common council deems IL neressar
TO have done; but the passage OF this ordinance an;
the doing OF said work shall not render Kansas C,,
liable 10 pay for such work, or any part thereo;
otherwise than by the issue of special tax bills
Sa.Ion & Whereas. private property nay bs AZ
,urbed or damaged by the grading herein authorfze,
and provided for. and the owners thereof lawfully en-
Titled 20 remuneration or damages under the const,
tuition OF this state and have not waived all rixht q
claim thereto. it is ordered that proceedings to ascer
tain and assess all such damages or remuneration b
begun and carried on, and such remuneration or dam
ages ascertained and assessed as provided in articl
VIII. Of the charter IF said city. and the cnmmo
council prescribes and determines the limits With
! which private property is benefited by the propose