Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1899-01-09

IN the circuit court of Jackson county. Missouri. at
Kansas City. division No. four "a, case No. 3i07t.
In the matter OF the proceeding to ascertain and
assess damages and benefits to arise from the pro-
posed grading of Kenwood avenue from Thirty,iourth
City, jackson county. Missouri, under ordinance of
said i Kansas 1nns CITY; i IS; s saS , aPpIssea aa on o the 18th
to grade Kenwood avenue from 3ith street to S6th
street Now. on this, the 10Th day OF December.
county, Missouri. at Kansas City. division number
four %. comes Kansas City. Missouri. appearing by
to the court that its mayor has heretofore caused to
be filed in this court a 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. 1916. approved on the 18th
day of June, a: p Isss, and entitled An ordinance
street. was by the mayer Of Kansas City. Missouri,
caused to be hled in the circuit court of jackson
object and nature Of said ordinance and the limits
proposed grading being stated and defined therein.
and which said ordinance is substantially as follows.
Be it ordained by the common council of Kansas City.
Section /. That Kenwood avenue from 34th street
to s6th street shall be graded the full width thereof
and to the established grade OF the anne
Section 2. Entertainments or fills shall be made Of
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
direction oil d hhe 'p neces "a puT and S tSs sans as the said
closed, removed or altered at will. In accordance
with the provisions of section 10 Of article TX. char
ter Of Kansas City.
Section 3, That whenever, when entertainments ar.
made. II shall be necessary. in the opinion of the
city engineer, by reason Of injunction proceedings or
proper objections on the part Of abutting properly
owners, or for any other similar good and SUFFICIENT
reason, to 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 i'm
| proyemenu, in the place Of the usual slope given IN
such embankment. the city engineer may design q
plan for a wall or walls suitable for the purpose1
and require the contractor to construct the same in
accordance herewith. under his supervision and snb-
feet to his approval and acceptance. and the con-
siruction OF said wall or walls shall be deemed .
necessary part of the work and improvement author
ized TO be made. and the cost thereof shall be es,i-
mated in and deemed a part of the cost OF grading
said street to its legally established grade, and he
paid for in special tax bills accordingly. Provided
however. that the price to be paid the contractor Tor
each and all OF the materials furnished and for ali
labor done in constructing such wall or walls shall
be fixed and determined by the city engineer. md
shall under no circumstances be in excess OF m.
actual cost OF such work. plus q reasonable sum ms,
to exceed ten Qoi per centum of such actual COST rs
profit On the expenditure involved on the part of tbs
contractor.
Section 4. The work shall be paid for IN specI.,
tax bills against and upon the lands that NAV he
charged with the cost thereof. according to law
which work the common council deems It necessary
to have done: but the passage Of this ordinance and
| the doing of said work shall not render Kansas City
liable to pay for such work. or any part thereof.
otherwise than by the issue OF special tax bills.
Section S. Whereas. private property may be dis
turbed or damaged by the grading herein authorized
or provided for. and the owners thereof lawfully en-
titled to remuneration or damages under the constI-
tuition OF this state and have not waived all right
or claim thereto. It is ordered that proceedings to
ascertain and assess all such damages or remunera-