Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1899-04-10

IN the circuit Of Jackson county Missouri at
the matter Of the proceedings to ascertain and
damages and benefits to arise from the proposed grad
Tiity-ffth ts5th street in Kansas City. Jackson
county, Missouri. under ordinance Of Kansas City
NG sna e1sss On the n
Tracy avenue from 3srd street to a5th street"
MI, NOW on this the I'm day Of March A. 1889 in
Kansas City. division number ~, comes Kansas
City Missouri by its assistant counselor, s. s. VIM.
tofore caused to be filed in this certified copy
fully advised in the premises. makes the following
order herein. to-wit:
To All Persons Whom It May Concern, Greeting:
City, Missouri No. o7sl, approved the 18th day OF
October A. D. 1888, and entitled An ordinance to
by the mayor Of Kansas City. Missouri. caused
to be filed in the circuit court of jackson county.
nature Of said ordinance and the limits within which
private property is benefited by the proposed grading
dinance is substantially follows. to-wit:
Be 1t ordained by the common council Of Kansas
s5th shall be graded the full width thereof and
to the established grade OF the same.
Section .. Embankments nils shall be made OF
earth or rock. or both combined. The work herein
authorized may be protected from surface water by
temporary drains culyerts put in under the drec-
ton Of the board of public works. the said board
removed or altered at will, in accordance with the
provisions Of section Is OF article IX charter Kan
Section 3. That whenever. when entertainments are
made 1t shall be in the opinion of the city
engineer. by reason of injunction proceedings or
proper objections the Part of AUDITING property
owners. or for other similar good and sufficient
reason TO construct wall walls for the support
and sustaining of of the street graded (which
wall or walls shall not have been included in the
approximate estimate for the making of the improve
menD, in Che place Of the usual slope given such
emhankment, the city engineer design plan
wall walls suitable for the purpose and REQUIRE
the contractor to the same in accordance
Herewith under his supervision and subject his sp
prevail and acceptance. and the construction of said
wall walls shall be deemed a necessary part of
the work and improvement authorized to he made
and the cost thereof shall be estimated in deemed
part OF the cost OF grading said street its legally
established grade, and be paid for in special tax bills
accordingly Provided however that tho price to be
furnished and for all labor done In constructing such
wall walls shall be fixed and determined by the
city engineer, and shall under circumstances be In
excess OF the actual cost OF such work. plus reasons
BILE mot TO exceed 0l per centu of such actual
coso. as profit on the expenditure involved on the
part OF the contractor
tax bills against and upon the lands that may be
charged with the cyst thereof. according to law
doing said work shall Kansas CITY iiabie
pay for such work. or any part thereof otherwise
than by the issue Of special tax bills.
Section 5. Whereas. private property may be dis
turbed or damaged by the grading herein authorized
and provided for and the owners thereof lawfully en-
ton OF this state and have not waived all right or
claim thereto II Is ordered that proceedings to ascer
begun and carried and such remuneration or dam
ages ascertained and assessed provided in article
VIII. OF the charter of said city, and the common
council prescrbes and determines the limits within
which private property is benefited by the proposed
grading herein mentioned and the limits within
which such property shall be assessed and charged
pay such remuneration or damages. to be as follows
to-wt: Beginning at point on the south line of
33rd street hundred and thirty q3) feet west Of