Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1898-12-06

IN the circuit court Of jackson county. Missouri, at
Kansas CITY. division No. two t9. Case No. $4,000.
An the matter OF the proceedings to ascertain and as
sess damages and benefits TO arise from the nrnnosra
grading OF the alley between Olive street and Wa
oAsh avenue from Lexington avenue to Pendleton
avenue. in Kansas City, Jackson county. Missouri
under ordinance OF Kansas City, Missouri. No. scts
entitled AN ordinance to grade the alley between
olive street and Wabash avenue from Lexington
day Of November. A D.. 1898, in this, the circuiI
court OF Jackson county. Missouri. at Kansas CITY
souri,. appearing by It's assistant counselor s :
WIEN. ESQ. and shows to the court that is MAYER
titled copy Of the Aforesaid ordinance. and The court
being FULLY advised In the premises. makes the fol.
lowing order herein to-wit:
To All Persons Whom 1t May Concern. Creating
whereas. A certified copy OF an ordinance OF Kan
sss CITY. Missouri, No. s6ts, approved on the 18th day
OF April. A. d. 1898. and entitled An ordinance To-
grade the alley between Olive street and Wabssh svss
nue. from Lexington avenue to Pendleton avenue,
was by the mayor OF Kansas City. Missouri, caused
70 be filed in the circuit court Of jackson county.
missouri, at Kansas City. and the general object and
nature OF said ordinance and the limits within which
private property is benefited by the proposed gradinx
being stated and defined therein and which said ordie
nance Is substantially as follows, to-wit:
City: y" AAnsA'
Section /. That the alley between Olive street and
Wabash avenue from Lexington avenue 10 PendIeton
avenue shall be graded the full width thereof and 10
the established grade of the same.
Section :. Entertainments or fills shall be made M
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 d.
rection OF the board of public works, as the ssid
board may deem necessary. and the same may b.
closed, removed or altered at will, in accordance with
the provisions Of section II. of article IN, charter
Section J. That whenever. when cmbsukments are
made, II shall be necessary. in the opinion OF the
city engineer. by reason OF Injunction proceedings or
proper oplections on the part OF sbutting property
owners. or for any other similar good and suricient
reason. TO 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 IN,
to such embankment. the city engineer NAV design
q plan Tor a wall, or walls. suitable for the PURPOSE.
ana require the contractor TO construct the same in
accordance thereyith under his supervision and sub
lect TO his approval and acceptance, and the con-
s,ruction OF saia war, or walls. shall be deemed a nee
essafy part OF the work and improvement authorized
10 be made. and the cost thereof shall be esiim.,ed
IN . ueemea q part OF the cost of grading said
street TO It's legally established grade. and be paid
for in special tax bills accordingly. Provided hnw
ever that the price to be paid the contractor for
each and all OF the materials furnished. and 20 -
labor done in constructing such wall, or walls shall
be hxed and determined by the city engineer. and
shall under no circumstances be in excess OF The act
usl cost OF such work. plus q reasonable sum M, -
exceed ten uo) per rentum Of such actual cost az
pront on the expenditure involved on the part Of the
contractor.
Section 4. The work shall be paid for I'm s,.,,,,
tax bills against and upon the lands that NAV he
charged with the cost thereof. according 10 Law
which work the common council deems il Necessary ~
have done; but the PASSAGE OF this ordinance and the
doing Of said work shall not render Kansas CI,v
liable to pay for such work. or any part there;
otherwise than by the issue Of special tax Bills,
Section S. Whereas. private property NAV be dis
turbeo or damaged by the grading herein sufhor.
ized and provided for, and the owners thereof law
fully entitled to remuneration or damages under The
constitution of this state and have not waived ali
right or claim thereto. IL Is ordered that proceedinrs
TO ascertain and assess all such damages or re-
muneraion be begun and carried on. and such re-
muneraiiou or damages ascertained and assessed ar
provided In article VIII. OF the charter of said civ
and the common council prescribes and determi,es
the limits within which private property is benss,e5
by the proposed grading herein mentioned. and The
limits within which such property shall be assessad
and charged to pay such remuneration or DAMAGES ~
he Q a follows. fO-ylt. HpginnGng n tn.
corner OF Pendleton avenue and Olive street thrncs
south along the east line Of Olive street 10 The no-,h
line OF Lexington avenue. thence east along the
north line Of Lexington avenue TO the west lin. .,
Wabash avenue. thence north along the yes, lin. -
Wabash avenue to the south line of Pendle,an w.
nue.. thence west TO the place Of beginning
Section 6. All ordinances or parts OF ordinances g,
conflict herewith are. insomuch as they conflict y,,h
this ordinance, hereby repealed.
Now. therefore, you and each Of you are herphv
notified that the 18th day Of December, A. ID isss
In the day. and the court room Of division Nh ~,
e. OF the circuit court OF Jackson county. Missouri,
at Kansas City. at the county court house. in Kanxs.
city. Jackson county. Missouri. is the place he-cbv
fixed by said court for the asecrtainlng and assassin,
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 sfore-
said or before the day TO which said cause may havs