Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1899-01-08

IN the circuit court Of jackson county. Missouri. at
Kansas City. division Nc. four a., case No. 1904.
In the matter OF the proceeding to ascertain and
posed grading of Kenwood avenue from Thirty-fourth
t$tth) street to Thirty-siXth tSsthl street. IN Kansas
said Kansas City, No. 1915. approved on the 18th
day of June. A D, 1895. and entitled AN ordinance
to grade Kenwood avenue from 3ith street to 36th
street" Now. on this, the 10th day of December.
A. D. 1895. in this. the circuit court of jackson
county. Missouri, at Kansas City. division number
four az. comes Kansas City. Missouri. appearing 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 a certified copy Of the aforesaid
ordinance. and the court, being fully advised in the
To All Persons Whom 1t May Concern. Greeting:
Whereas, a certified copy Of an ordinance Of KAN
day Of June. a. d. 1895. and entitled An ordinance
to grade Kenwood avenue from Sith street to 18th
street" 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
within which private property is benefited by the
proposed grading being stated and defined therein.
and which said ordinance Is substantially as follows.
Be il ordained by the common council of Kansas City.
section /. That Kenwood avenue from SIth street
and to the established grade OF the same.
earth or rock. or both combined. The work herein
authorized may be protected from surface water by
f siTsesioa Of the board Of public works. as sH the s Il
board may deem necessary, and the same may be
closed. removed or altered at WIN. in accordance
VIII kAt paw ~ -NANfN - a
ter of Kansas City.
Section J. That whenever, when entertainments arc
made, it 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. to construct a wall or walls for the support
and sustaining of any part of the street graded
(which wall or walls shat! not have been included in
the approximate estimate fov the making of the i'm
proyement. in the place of the usual slope given to
such embankment, the city engineer may design a
plan for 4 wall or walls suitable for the purpose,
and require the contractor to construct the same in
accordance Herewith, under his supervision and SUBJ
iect TO his approval and acceptance, and the con-
struction of said wall or walls shall be deemed n
necessary part OF the work and improvement autho,-
ICED to be made, and the cost thereof shall be esti-
mated in and deemed a part of the cost of grading
paid for In special tax bills accordingly. Provided.
however, that the price to be paid the contractor for
each aud all OF the materials furnished and for all
labor done in constructing such wall or walls shall
he fixed and determined by the city engineer. and
shall under no circumstances be I'm eytess Of the
10 exceed ten d0 per ccntum of such actual cost, as
profit on the expenditure involved on the part of tho
Section 4. The work shall be paid for in special
tax bills against and upon the lands that NAV be
charged with the cost thereof. according TO law,
to have done: hut the passage OF this ordinance ard
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 & Whereas. private property may be dis
turbed or damaged by the grading herein authorized
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-