The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1874-03-19

Al ACT
To amend IN ct sstitlsd, Al act to incorporate
cities Of the First-e,a,s.
Be enoeted by tie LIE, islassTe Of tie State d
Kaasas.
SECTION 1.-Changs Of grade Of streets -
That section eighteen, article two, chapter
eighteen Of The act Of the Lsgialaturs Of the
Stass Of Kansas, entitled An acs to incorpo-
rate cities Of The fnt-claa.," approved Feb
rusry Wsnty-fOurth, 1868, be and the same
il hereby % amended % - to read = follow:
Section eighteen. The miyor and council
Of any city governed By this act shall have
power TO sssabliah BY ordinance the grade Of
any street., alley, lane or avenue within the
city and when the grade Of such etreet, alley,
lane or aveous shall have besa 20 essblish-
ed or STALL have been Aeret,sere established,
and the grading thereof accepted BY the
council, such grade shall not be changed un-
til declared necessary By resolution, BY .
vote of two thirds Of the council, and not
then until the damage To property owners
which may be caused By such change Of
grade shall have been aassssed By thres dis
Interested appraisers Who shall b appoin'ej
BY the mayor with The consent Of the com.
Gil for thai purpose, Who shall make such ap-
peaissment and file their report
under oath with the city clerk
within twenty days after receiving no
tice Of their appointment from the city clerk,
and The city clerk shall give notice TO inter
ssted property holdsn by pablic.tioo in the
Official paper Of The city for at least ten days
prior to the aaseamsu4D damages, which no
tice shall specify the names Of the aPPsais
en-, the time when they will meet TO make
such appFaisemsnt, and the nsme Of the
strsst between The points wherein such charge
Of grads i to b made, and the amount OF
damages 20 assessed shall Be deposited with
the city treasurer subject to the order o.
such property owner OF owners. or their
agent or agents before any
such change Of grade shall be made. and any
person feeling himself aggrieved ~ such
amount Of damages may appeal therxfrom
within ten days after confirmation Of sal?
report BY the council BY serving . written
notice upon The mayor Of euch intention to
appeal 70 the district court, and By executing
bond to the city and fling the same With
the city CLERK, conditioned to faithfully pro-
secute such appeal to 6nal determination
thereof, and to pay all costs 20 incurred io
case such sppellsat docs not recover judg-
ment greater than the d-mages awarded BY
said appraiser. The taking Of such appeal
shall not operate in any manner TO prevent
the change Of sid grade aId the cost and
expense Of changing the gradr Of such street
and grading the same shall be paid BY the
city.
SIC 2 Appropriatiog private property
for public uses. That section third Of chap
ter forty seven, approved March second.
1870, entitled '.An "a 70 amend IN act enti-
tied 40 act to Incorporate cities Of the 6rst
clan," approved February twenty fourth,
1863, Be and The sams i hereby amended %
- 70 read - follow: SEXTON third, When
private property By Tie city for public pur-
pose. and such sppsopsiasioa shall be de-
clared necessary b. ordinance, the mayor.
With the approval Of the council, shall sp-
point three disints rssted appraiser, Who after
being 6nt duly sworn 70 perform the du,ies
Of eir-Appointment with fidelity and im-
partially, shall asss's the damages u the
owner Of the property respectively, BY such
. ,prUpriati0n; when the owners and parties
interested OF their respective interests and
sstates are unknown or are not fully known
By such appraisers, they may report the
damage without specifying the names, eststes
OF intaresls Of such parties. such Appraisers
shall 6le their report, under oath, with the
city clerk, within twenty days after receiving
notice Of their appointment By the city clerk;
and the city clerk ehali give notice to all
persons i.asrestsd By publication il the off,
cial paper Of The city, for at least ten days
prior to the time Of making said assessment
Of damages. which notics shall contain the
names Of the appraiser, the time when they
will nest TO make such apprsisement, and
he name Of the street betWeea the points
where such property i 70 be taken, and any
person feeling himself agrisvrd BY such
lsard Of damages may appeal iherefrom
within ten days after confrmaiioo Of said re-
port ny the council, By serving . written no
ice upon the mayor, OF such intention 70
appeal to the Districa Court, and By execut-
ne bird TO the city, and fling the same
With the city clerk, cooditioosd 10 faithfully
prosecute such spp-al to effect, and to pay
Ill cos,s in cAse such appellant should NOT
scover jsdgment, greater thsn the award Of
lamage, By said appraisers. The taking Of
och appeal shall not operate in any manner
o prevent the appropriation Of such pro
,efty. The damages % awarded shall b /!
deposited With the city treasurer. suijec to |
10 order Of Tie owner or agent, OF pers0n |
ntitled thereto, before such property shall |
e finally appropriated for public ne.
Skc 8. That section IL. article Of chap |
er Is Of the act Of the Legislature Of the
kate Of Kansss, entitled "An sct to incor-
'or,ts citiss Of The fret claa," approved
february 14ih, 1868, and that section 3 Of
hapter AZ, approved March 2nd, 1870, en-
tiled I'm acs TO amend IN ct entitled IN
Ct to Incorporate cities Of the 6pt class"
approved February "a b, l8oS. Be and the
lme are hereby rpealed.
SIC 4. That this act shall take effect, and
. in force fron and after ito psaaee and
ublicaaioo in he Leavenvorth daily TIAns
pproved March Q. 1874
/, w. 81. Smallvood. Secretary Of State.
the State Of Kansas. do hereby certify
ut The ioreioing . true and correct copy
the original enrolled bill nov On file In
, Office.
In testimony Whereof have hersonto
subscribed ny nams, and affixed
EAL- ] the great seal Of Ssats. Done at
Topeka. this l6.h day of March, I
1874 Il
". 81. oHAILwooD.
ssszstssy Of esaie.
%. PooS1ekb ~. IL
Yesterday the Irkh and German Cafholie d
c;saies Of this city sbsarved g. Patrick's a
, With appropriate cssemooiea. High