Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1899-01-03

IN the circuit court Of Jackson county. Missouri. at
Kansas City, division No. four "a, case No. 3i074.
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 34th street to Goth
street" Now, on this. the 10Th day of December,
county, Missouri, at Kansas City. division number
four til, 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
premises, makes the following order herein. to-wtt:
To'All Persons Whom II May Concern, Greeting:
Whereas a certified copy sg,S OF an ordinance nc Of Kan a,
day OF June. A. D. 1895. and entitled AN ordinance
TO grade kenwood avenue from Gath street to Both
street. vas 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 ard 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 of Kansas City.
Section /. That Kenwood avenue from saith street
TO Goth street shall be graded the full width thereof
and to the established grade Of the same.
Section :. Embankments or al!s 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 Of the beard 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 IL OF article IN. char
ter OF Kansas City
Section ). That whenever, when embaEkmsnts 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 abutting property
owners, or for any other similar good and sufficient
rexs0n, 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
provement), In the place OF the usual slope given to
such e~neankment, the city engineer may design a
plan for a wall or walls suitable for the purpose,
and require the contractor to construct the same IL
accordance Herewith, under his supervision and sub
1ect to his approval and acceptance, and the con-
structiou Of said wall or walls shall be deemed a
necessary part Of the work and Improvement author
lied TO be made. and the cost thereof shall be esti-
mated In and deemed q part of the cost OF grading
said stree: TO its legally established grade. and be
paid for In special tax bills accordingly. Provided.
however. that the price TO be paid the contractor for
each and all OF the materials furnished and for all
labor doae In constructing such wall or walls shall
be fixed and determined by the city engineer. and
shall under no circumstances be in excess Of the
actual cost Of such work, plus a reasonable sum lnot
to exceed ten Q0l per centum Of such actual cost, as
profit on the expenditure involved on the part Of the
contractor.
Section 4. The work shall be paid for In special
tax bills against and upon the lands that may be
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 5. 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 thar proceedings to
ascertain and assess all such damages or remunera-