Weekly graphic. [volume] (Kirksville, Adair Co., Missouri) 1880-1949, 1883-07-06
ORDINANCE ss.

VNUlNANVL OSs
In Relation to the Opening, WIdenin,
and Altering of Streets, Alleys
and Avenues.
Be it ordained by the Council of tn,
town OF kirksvllle as follows:
, SECTION 1.-All streets, alleys ant
avenues within the corporate limits o
the town of Kirksville, and public road
within one mile thereof, shall be estab
} lished, opened, widened and extended
according to the provisions of this or
dlnance.
SECTION All streets, alleys ant
avenues shall be such width as shall b.
determined and prescribed by the Coun
ell from time to time according to tht
utility and necessity of the same.
SECTION 3.-The street commissioner
shall have charge of all avenues, street:
and alleys now established or here
after may be established by said Conn
Gil.
SEC 4.-ApplIcatlon for the establish
ment OF a new street, alley or avenue OF
to open. widen, or extend the same shall
be made by a petition to the town
Council, signed by at least twelve
householders OF the town of kirksyllle
three of whom shall be Of the immediate
neighborhood, specifying the proposed
beginning, course and termination
thereof, with not less than two points
named on the direction of said street OF
avenue.
SECTION 5.-Notice of such intended
application shall be given by printed OF
written handbills put up in three or
more public places in said town OF
Kirksville, at least twenty days before
the day Of the regular meeting of said
! town Council at which the petition is
presented.
SECTION 6.-The town Council shall,
when such petition is presented and
publicly read and upon proof Of notice
having been given as requested by the
next preceding section, hear the remon-
STRANGE OF any twelve or more freehold
ers residing in said town of kirksville,
and such witnesses as the respective
parties may produce and If the town
Council shall he OF the opinion from
the testimony. that the contemplated
use OF said street, alley or avenue be of
public utility and that the facts in the
case justify it, may make an order re-
qulring the street commissioner to view,
survey and make out such street, alley
or avenue and maize report thereof
at the next regular meeting Of the
council thereafter. The Street Com
missioner shall take the relinquish-
ment of the right Of way of all persons
who may give such, and shall state in
his report the names of all persons who
have failed or refused to relinqulsh the
right of way with the reason thereof
and the estimated cost of putting said
street, alley or avenue IN repair which
reports, rights of way and plats shall
be filed with the town Council on the
first day of the next regular meeting
thereof or with the Clerk thereof in
vacation prior thereto and be free to
the inspection ofall persons interested
therein.
Sec. III any person or persons
through whose lands or lots such pro-
posed street, alley or avenue or the
widening, opening or extending the
same shall run, shall fail or refuse to
relinquish the right of way for the
same and if the amount of such COM
pensatlon for any right of way. cam OF
be agreed upon by and between said
Council and any such person or persons
then the Mayor shall cause the same to
be assessed by jury of SIX dlsinterest-
ed freeholders of said town.
SEC. S.-When the right of way can
not be agreed upon as designated IN
section seven of this ordinance then the
Mayor shall Immediately issue notice
and the same shall be directed to the
of the town commanding him
to summon the owner or owners of
any land, lot or lots through which any
street. alley or avenue may run in which
such right of way has not been obtain
ed to appear before the Mayor at time
and place named therein not less than
six nor more than thirty days from the
late thereof for the purpose of enquir.
ng into the amount of damageS1
" compensation to be made 70
my such owner or owners for sukh {
light of way, and every notice issuR Id |
~ said Mayor unless otherwise proviS-
ID by law shall be served as summons
,efore justiceofrhs peace as now proyid.
ID by law, and when any person inter-
sted shall acknowledge in writing en-.
lorSed on the notice signed by his own {
roper person or that OF his attorney I
he service of such notice with such
acknowledgement shall be deemed a 7
aid service. !,
When notice shall be issued against :
ny owner or owners of anyproperty
or the purpose of enquirlng into anv
lamages and the Marshal to whom it t
5 directed, shall make returns that said ]
wner or owners cannot be found, the a
Iayor being first satisfied that process 4
annot be served shall make an order !,
nat said owner or owners be notified i
Y publication in some newspa per pub !.
shed in Adair county notifying said !,
wner or owners that an injury Of dam !,
ges has been commenced; stating Il
Al