Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1898-12-08

IN the circuit court OF Jackson county, Missouri.
at Kansas City, Division No. two ~. Case No.
and assess damages and benefits TO arise from the
proposed grading of Eleventh ulthl street from Pros
pect avenue to bellefOntaine avenue. in Kansas City.
jackson county, Missouri, under ordinance of Kansas
City. Missouri. No. 1854. approved on the cath day of
June. A. d. 1885. and entitled An ordinance TO
grade llth street from Prospect avenue to Bellefoa-
tame avenue" Now on this. the 10th day of No.
yember. A d. 1888. in this. the circuit. court Of
jackson county. Missouri. at Kansas City. division
number Two ~. comes Kansas City. Missouri, ap-
pearing by its assistant counselor. S. S. VIM, ESQ.
and shows to the court that its mayor has heretofore
caused to be h!ed 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
sas City, Missouri. No. 1854, approved on The ai,b Ssv
OF June. A. ID. 1895. and entitled IAN ordinance to
grade 18th street from Prospect avenue H. Beiiefone
tame avenue was by the mayor OF Kansas Citr
Missouri. caused TO be filed in the circuit court Of
jackson county, Missouri, at Kansas Civ and ~
general object and nature of said ordinance and he
limits within which private property is benefited by
the proposed grading being stated and defined therein
and which said ordinance is substantially as follows
to-wit:
Be it ordained by the common council Of Kansas
Section /. That Eleventh u1th) street from Pros
pect avenue 20 Beilefontaine avenue shall be graded
the full width thereof and to the established grade
Section :. Entertainments or fills shall be made n,
earth or rock, or both combined. The work herein
authorized may he protected from surface water NV
temporary drains or culyer;s. put in under the direr.
ton OF me DDdru u puDiiC NOrks, as the said hoard
may deem necessary. and the same may be closed
removed or altered at will, in accordance with ,br
provisions OF section Is. Of article tx, charter ef
kanSas City
Section 3. That whenever. when entertainments -.
made. ii shall be necessary, In the opinion of the
city engineer, by reason OF injunction proceedings mr.
proper objections on the part OF AUDITING prone-tv
owners, or for any other similar good and sur5rianr
reason. to construct > wall, or walls, for the supp,rr
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, Tho
Improvement, in the place of the usual slope pivan
to such enhancement, the city engineer may design a
plan for a wall, or walls, suitable for the purncss
and require the contractor TO construct the Same n,
accordance Herewith under his supervision and su,-
ject TO his approval and acceptance. and the construc.
tlon Of said wall. or walls. shall be deemed a neces-
Bary part Of the work and improvement authorized To
be made. and the cost thereof shall be estimated in
and Geemed a part Of the cost Of grading said stree,
special tax bills accordingly. Provided, however
that the price to be paid the contractor for each and
all OF the materials furnished, and for all labor doaa
IN constructing such wall, or walls. shall he dxeS
and determined by the city engineer. and shall under
no circumstances be in excess of the actual ems, n,
such work, plus q reasonable sum (not to exre.d 20,
lM per centum Of such actual cost. as p-oat - ~
expenditure involved on the part of the contract. az
Section 4. The work shall be paid for in snscio,
tax bills against and upon the lands that NAV a.
charged with the cost thereof. according IN IL
which work the common council deems IL pa,asaa"
10 have done but the passage of this ordinance anc
the doing Of said work shall not render Kansas ci,r
liable to pay for such work. or sny mar, ,hs-.y
stherwise than by the issue OF special tax bills ''
Section 5. Whereas. private property may no AZ.
turbed or damaged by the grading herein nr,Sort AZ,
and provided for. and the owners thereof IawfniIy 90
titled to remuneration or damages under the ro,sr,-
tuition Of this state and have not waived ali ripb, =.
claim thereto. it is ordered that proceedings TO ssc.r.
tain and assess all such damages or remunera,ion ~.
begun and carried m, and such remuneration or dam
ages ascertained and assessed as provided in article
VIII. Of the charter Of said city, and the common
council prescrihes and determines the limits within
which private property is benefited by the proposed