Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1899-01-05

IN the circuit court OF Jackson county. Missouri. at
Kansas City, division No. four a.. case No. 34O74:
assess damages and benefits TO arise from the pro-
posed grading OF Kenwood avenue from Thirty-fourth
city, jackson county. Missouri. under ordinance OF
said Kansas City. No. 1916. approved on the 18th
to grade Kenwood avenue from sith street to Seth
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
premises, makes the following order herein. to-wit:
To All Persons Whom 1t May Concern. Greeting:
.a we ci.s. missouri I ssarineS No. s0e ssls 81 appf U,sadAo on the ! 18th 18th
day OF June. A. ID. 1898. and entitled An ordinance
street. 81 was by the mayer OF Kansas city. Missouri.
caused to be filed in the circuit court of Jackson
object and nature Of said ordinance and the limits
within which private property is benefited by the
and which said ordinance is substantially as follows.
to-wit:
Section /. That kenwood avenue from saith street
TO 36th street shall be graded the full width thereof
and to the established grade Of the same.
Section .. Entertainments or fills shall be made of
earth or rock. or both combined. The work herein
authorized may be protected from surface water by
direction Of the board Of public works, as the said
board may o deem on res si,sass a. ana VII NE i same a.c may be
with the provisions Of section ID of article IN. char
ter OF Kansas city.
section 3. That whenever, when entertainments are
made, II shall be necessary. In the opinion Of the
city engineer, by reason of injunction proceedings or
proper objections on the part OF AUDITING property
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
uhich wall or walls shall not have been included in
the approximate estimate for the making of the I'M
nroyeuient, in the place Of the usual slope given to
such embankment, the city engineer may design q
Man for a wall or walls suitable for the purpose
nd REQUIRE the contractor TO construct the same in
sccordarce Herewith, under his supervision and sub
ysrt tn his approval and acceptance. and the con-
struction of said wall or walls shall be deemed q
necessary part of the work and improvement author
ized 10 be made, and the cost thereof shall be esti-
mated in and deemed a part OF the cost OF grading
said street to its legally established grade. and be
Maid for in special tax bills accordingly. Provided,
Soyeyer. that the price to be paid the contractor for
sscb and all Of the materials furnished and for ali
labor done in constructing such wall or walls shall
shall under no circumstances be in excess OF the
artual cost of such work, plus q reasonable sum (not
IN exceed ten Q0 per centum of such actual cost, as
nront on the expenditure involved on the part of tho
Ssriion 4. The work shall be paid for in special
charged With the cost thereof. according to law
which work the cosmon council deems it necessary
,o 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
otheryise 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 rixhi
mr. claim thereto, II is ordered that proceedings II
ASCERTAIN and assess all such damages or remunera