Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1898-12-08

IN the circuit court of Jackson county. Missouri.
at Kansas City, division No. two ~. Case No. 5igsc.
sess damages and benefits TO arise from the proposed
grading Of the alley between Broadway and Central
in Kansas City, jackson county. Missouri. under ordi-
nance Of Kansas Cits. Missouri. No. 1oi2S. approved
on the 9Th day Of July. a. d. 1855. and entitled
An ordinance 10 grade the alley between BroadW ~
and Central streets from 9Th street TO 10Th street"
in this, the circuit. court Of Jackson county. Mis-
sour1, at Kansas City. division number two Cel.
sistant counselor. 5. 5. Vim. ESD. and shows to
the court that the mayor has heretofore caused TO be
ordinance, and the court. being FULLY advised in the
premises. makes the following order herein to-wit:
To All Persons Whom 1t MAY Concern, Greeting:
Whereas, a certified copy Of an ordinance Of Kan
ss City. Missouri, No. l0i2S, approved on the 9th
grade the alley between Broadway and Central streets
from sth street 10 10th street WAS BY the mayor OF
Kansas City. Missouri. caused to be filed in the cir
cult court Of Jackson county. Missouri. at Kansas
City. and the general object and nature Of said ordi-
nance and the limits within which private property
Is benehted by the proposed grading being stated and
defined therein ana which said ordinance is substan-
TALLY as follows to-wit:
BE ii ordained by the common council Of Kansas
City.
Section L. That the alley between Broadway and
Central streets from 9th street TO 10th street shall be
graded the full width thereof and TO the. established
grade OF the same.
Section :. Entertainments or fills shall be made of
earth or rock. or both combined. The work herein
authorized may be protected from surface water by
temporary drains or cuIyerts,, put in under the direc-
lion OF the board 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. charter Of
Kansas City
Section ,. That whenever. when entertainments are
made, 1t 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, OF for any other similar good and sufficient
reason, 10 construct a wall. or walls, for the support
(which wall, or walls, shall not have been included
in the approximate estimate for the making Of the
Improvement, in the place of the usual slope given
To SlCh HmhSnkTnant n eft rim NAV dagSD n
plan for a wall, or walls, suitable for the purpose.
and require the contractor TO construct the same IN
accordance Herewith under his supervision and sub
tect 10 his approval and acceptance. and the construe-
ton OF said wall. or walls. shall be deemed a neces-
be made. and the cost thereof shall be estimated in
and deemed a part of the cost of grading said street
special tax bills accordingly. Provided. however.
that the price to be paid the contractor for each and
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 mot to exceed ten
40 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
which work the common council deems it necessary
TO have done: but the passage of this ordinance and
liable to pay for such work. or any part thereof.
otherwise than by the issue of special tax bills.
sect Section n .; where's as private property may be dis,
and provided Tor, and the owners thereof lawfully en-
titled 10 remuneration or damages under the Consti-
tuition OF this state and have not waived all right or
claim thereto. 1t is ordered that proceedings to ascer-
tain and assess all such damages or remuneration be
begun and carried on. and such remuneration or dam
ages ascertained and assessed as provided in article
VIII. OF the charter OF said city. and the common
council prescrfbes 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 to
pay such remuneration or damages. to be as follows,
to-wit: Beginning at the southeast corner of 9Th
street and Broadway, thence south along the east
line of Broadway to the north line OF 10th street.
thence east along the north line of 10th street to the
west line of Central street. thence north along the
west line of Central street to the south line Of 9Th
street, thence west to the place of beginning.
Section 6. All ordinances or parts Of ordinances in
conflict herewith are, insomuch as they conflict with
this ordinance, hereby repealed.
Now. therefore. you and each of you are hereby no.
titled that the 18th day of December. A. D. 1888, is
the day. and the court room of division No. two l2l
Of the circuit court OF jackson county. Missouri at
Kansas City, at the county court house. in Kansas
City, Jackson county. Missouri, is the place hereby
OF damages and benefits that may arise from said
proposed grading and that unless, on or before the
day next before the day set for the hearing aforesaid
or before the day to which said cause may have been
postponed or continued, you file with the clerk OF
said court your claim or claims for damages, con-
tanning a description OF the property claimed to
be damaged. and the interest of the claimant there
in. you and each Of you shall be forever there
thereof. ''D'
And the court further orders that this order be
published in each issue of The Kansas City Journal
THE newspaper doing the city printing! for ten DAYS.
the last insertion TO be not more than one week prior
to the day therein fixed for said hearing.
And the court further orders that a copv OF this
order be served as by the charter of said city pro-
yided upon each and every resident OF the city inter
ested herein.
III. NJ. Stonestreet. clerk Of the circuit court Of Jack
son county, Missouri. hereby certify that the foregoing
is a true and correct copy OF the order made BY divis.
ion No. two ~ of the circuit court OF Jackson county.
Missouri, at Kansas City, in the above entitled pro-
ceedIng on the 18th day Of November. A. d. 1888 AZ
the same appears OF record in my Office.
Witness my hand and seal of court this 18th day O.
November, A. d. 1898. II. NJ. STONESTRFET
Clerk Of the Circuit Court of Jackson County.
Missouri.
(SeaD BY J. s. CHASE. Deouty Clerk