Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1898-12-06

IN the circuit court of Jackson county. Missouri.
at Kansas City. Division No. two C. Case No.
Sio.2- In the matter Of the proceedings to ascertain
and assess damages and benefits to arise from the
proposed grading of Eleventh Nth street from Pros
pect avenue 10 Bellefontaine avenue, in Kansas CITY.
jackson county. Missouri. under ordinance of Kansa,
City. Missouri. No. 1864, approved on the cath day Of
grade 18th street from Prospect avenue to Bellefon-
tame avenue Now on this. the 10th day OF No.
jackson county. Missouri. at Kansas CITY. division
number two e., comes Kansas City, Missouri. an
pearing by Its assistant counselor, S. s. VIM, Esq.
and shows to the court that its mayor has heretofore
caused to be filed in this court q certified copy of
the aforesaid ordinance. and the court, being fully
advised in the premises. makes the following order
herein to-wit: . -'
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 2,th day
of June. A. d. 1898. and entitled AN ordinance to
grade 18th street from Prospect avenue to Beliefon-
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
general object and nature of said ordinance 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,
to-wit:
Be it ordained by the common council o., Kansa.
City.
Section /. That Eleventh 9th street from Pros
the full width thereof and to the established grade
Section 2. Entertainments or fills sh.l, be nose y,
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-
tion of the board of public works, as the said board
may deem necessary. and the same may be closed.
removed or altered at will. in accordance with the
provisions Of section 10. of article IN, charter OF
Kansas City.
Section 3. That whenever. when entertainments ara
made, IL shall be necessary, in the opinion of the
city engineer. by reason OF injunction proceedings or
proper objections on the part of abutting property
owners. or for any other similar good and SUFFICIENT
reason, 20 construct a wall, or walls, for the SUPPORT
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 given
to such embankment, the city engineer may design a
plan for a wall. or walls, suitable for the purpose
and require the contractor TO construct the same IN
accordance Herewith under hs supervision and sub
tect to his approval and acceptance, and the con.truc.
ton OF said wall, or walls. shall be deemed a neces-
sary part OF the work and Improvement authorised To
be made, and the cost thereof shall be estimated in
and Geened a part OF the cost Of grading said street
special tax bills accordingly. Provided. however
that the price TO be paid the contractor for Zach ard
all oil The materials furnished. and for all labor done
In constructing such well. or walls. shall be fxrd
and determined by the city engineer. and shall rnS.-
no circumstances be in excess Of the actual cost n,
suSh wors, pins a reasonable sum mot to exceed ten
expenditure involved on the part Of the ean,rsc,o- ee
Section 1. The work shall be paid for In sn.c;.,
charged with the cost thereof, according w
which work the common council deems II necesSa~,
10 have done; but the passage Of this ordinance an.
the doing Of said work shall not render Kansas 90
liable 10 pay for such work. or any part rbcreof
otherwise than by the issue of special tax bills
Section 5; Where's. private property may be dis
turbed or damaged by the grading herein sr,bn-Hs.
and provided for. and the owners thereof laxfuny -
titled TO remuneration or damages under the cons,
tuition OF this state and have not waived all right nr
claim thereto. IL is ordered that proceedings 10 go
tain and assess all such damages or remuneration h.
begun and carried on. and such remuneration or dans
ages ascertained and assessed as provided in articI.
VIII. of the charter of said rity. and the common
council prescribes and determines the limits witb;n
which private property is benefited by the proposed