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 (2l. Case No. 3iOSs.
In the matter OF the proceedings 10 ascertain and as
sess damages and benefits 10 arise from the proposed
grading of the alley between Grand avenue and Ne
street, in Kansas City. Jackson county. Missouri,
under ordinance of Kansas City, Missouri, No. 1906.
entitled AN ordinance TO grade the alley between.
Grand avenue and MCGEE street from 10Th street to
Der, A. D. 1895. in this, the circuit, court of Jackson
county. Missouri, at Kansas City. division number
its assistant counselor, s. S. Vim. Esq. and shows
to the court that its mayor has heretofore caused TO
said ordinance. and the court, being FULLY advised in
the premises. makes the following order herein to-
To All Persons Whom 1t May Concern. Greetings:
Whereas. A certified copy of an ordinance OF Kan
day Of August. A. d. 1895, and entitled IAN ordl-
nance to grade the alley between Grand avenue and
by the mayor of Kansas City. Missouri, caused to be
filed in the circuit court of jackson county. Missouri.
of said ordinance and 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
Section l. That the alley between Grand avenue
and MCGEE street from 10th street TO 18th street shall
be graded the full width thereof and to the estab-
lished grade OF the same.
Section 2. Entertainments or fills shall be made Of
eaIth o. rock, or ooth combined. Inc WORK herein
authorized may be protected from surface water by
temporary drains or culverts, put in under the dircc-
toh oil 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 Ii. Of article IN. charter of
Kansas City.
Section }. That whenever. when embankments 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 ahutting property
owners. or for any other similar good and sufficient
reason. to construct q 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 tie approximate estimate for the making of the
Improvement. in the place OF the usual slope given
to such embankment, the city engineer may design a
plan Tor a wall. or walls. suitable for the purpose,
and require the contractor TO construct the same in
accordance Herewith under his supervision and sub
Ject To MS approval and acceptance, and the construc-
ton OF said wall. or walls, shall be deemed a neces-
sary part of the work and Improvement authorized to
be made, and the cost thereof shall be estimated IN
and deemed a part Of the cost of grading said street
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 done
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
QO per oentum Of such actual cost. as profit on the
expenditure involved on the part OF the contractor.
Section 4. The work shall be paid for i'll 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 reader Kansas City
liable TO pay for such work. or any part thereof,
otherwise than by the issue of special tax bills.
Section .; Whereas. private property may be dis
and 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 that proceedings to asrer-
tain and assess all such damages or remuneration he
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 prescribes 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 Ia
pay such remuneration or damages. to be as fellows,
to-wit: beginning at the southeast corner Of 10Th
and Grand avenue. thence east along the south line
OF 10th street to the west line of Mcf,ae street fhence
south along the west line OF Mccee street to the
north line OF 18th street, thence west along the north
line Of 18th street to the east line of Grand avenuc.
thence north to place of beginning.
Section 6. All ordinances or parts OF ordinances in
conflict herewith are, insomuoh as they conflict with
this ordinance. hereby repealed.
titled that the 18th day of December. A. d. iS9s. is
the day, and the court room Of division No. two (gl
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. son-
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; ihess R''''u'sa from making any claims on account
And the court further orders that this order he
published in each issue of The Kansas City Journal
1.-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 copy OF this
order be served as by the charter Of said city pro-
vided upon each and every resident of the city inter-
ested herein.
J., ". 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 diyIs-
ion No. two ~ of the circuit court of Jackson county,
Missouri. at Kansas City. in the above entitled pro-
ceeding on the 10th day of November. A. D. 1895, as
the same appears OF record in my office.
Witness my hand and seal Of court this 18th dav OF
November, A. d. 1S3s. II. NJ. STO~NESTREET.
Clerk OF the Circuit Court of Jackson County,
Missouri.
(SeaD By J. S. CHASE, Deputy Clerk.