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

~
At Kansas City. division No. two ts,, case No. S40sf
IN the matter Of the proceedings to ascertain and as
posed grading OF the alley between Charlotte street
sna Campbell street from Eighth 18th, street to
Nintn csthl street, in Kansas City, jackson county.
missouri, under ordinance OF Kansas City. Missouri,
So ss U.s. approved on the sth day OF August. a. d.
1875. and entitled IAN ordinance 10 grade the alley
between Charlotte and Campbell streets from sth
street TO srh street"
Vow. on this the 18th day OF November. A.. D.
isss, in this the circuit court Of jackson county,
missouri. at Kansas City. division number two ,2l.
comes Kansas City. Missouri, appearing bv its as
sissant counselor. S. 8. Wiun. Esq. and shows 10
Ihe court that its mayor has heretofore caused to be
filed in this court a certified copv Of the Aforesaid
ordnance. and the court. being fully advised in the
premises. makes the following order herein. to-wit:
10 All Persons Whom 1t May Concern. Greeting:
whereas. A certified copy OF an ordinance Of Kan
sas City. Missouri. No. 1924. approved on the Sh
day OF August: A D. 1855. and entitled An orti-
nance TO grade the alley between Charlotte and
Campbell streets from sth street to s,h street" was.
oy the mayor Of Kansas City. Missouri. caused to be
at Kansas City. and the general object and nature Of
said ordinance and the limits within which private
stated and defined therein. and which said ordinance
Is substantially as follows. to-wit:
be II ordained blythe common council OF Kansas City:
Section l. That the alley between Charlotte street
ahd campbell street from s,h street to 9Th stree,
tablished grade Of the same.
Section .. Entertainments or hl!s shall! be made OF
sai,n or rock; or both combined; The work herein
temporary drains or cuIverts. put in under the direc-
tion 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 Is Of article TX. charter Of
Kansas City.
Section J; That whenever. when entertainments 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 abuttins property
owners. or for any other similar good and sufficient
reason. to construct a 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
the Approximate estimate for the making Of the i'm
pTOyemenO. IN the place OF the usual slope given to
such embankment, the city engineer may design a
plan for a wall or walls suitable for the purpose. and
require the contractor to construct the same in ac-
cordance Herewith under his supervision and subject
to his approval and acceptance. ana the construction
Of said wall or walls shall be deemed a necessary
part o: 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 spe-
cial tax bills accordingly. Provided. however, that
of the materials furnished. and for all labor done in
constructing such wall or walls shall be fixed and
circumstances be In excess OF the actual cost Of such
work. plus a reasonable sum mot to exceed ten [l0I
per centum of such actual csst. as profit on the ex-
penditure 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
charged with the cost thereof. according to law.
which work the common council deems Il, necessary
the doing of said work shall not render Kansas City
liable TO pay for such work. or any part thereof.
otherwise than by the issue of special tax bills
Section s. Whereas, private property may be dis
turbed or damaged by the grading herein authorized
and provided for. and the owners thereof lawfully
entitled to remuneration or dfmages under the con-
stitution OF this state, and have not waived all right
or claim thereto. 1t is ordered that proceedings to
ascertain and assess all such damages or remunera-
ton be begun and carried on. ami such remuneration
or damages ascertained and assessed as provided in
article VIII, Of the charter Of said city, and the
common council p~rescribes and determines the limits
within which private property is benefited by the
Proposed p1,S1s ws Sradin asch herein nra,s msnt lion. and The limits ans
charged to pay such remuneration or damages. to be
as follows, to-wit:
pevipninp at the eo,theost corosr NJ sb STRAIT and
Charlotte street: thence east along the south line Of
sth street to the west line of Campbell street: thence
north line Of 9Th street; thence west along the north
line of sth street to the east line Of Charlotte street;
thence north along the east line of Charlotte street to
the place of beginning.
Section 6. All ordinances or parts of ordinances
in conflict herewith are. iusomuch as they conflict
with this ordinance. hereby repealed.
Now. therefore, you and each OF you are hereby
notified that the 18th day of December. A. d. 1895. is
the day. and the courtroom OF division No. two tg
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
fixed by said court for the ascertainins and assessing
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 ns with the clerk OF
said court your claim or claims for damages. con-
tainirS a description OF the property claimed to he
you and each of you shall be forever thereafter pre-
cluded from making any claims on account thereof.
And the court further orders tina, this order be
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.
/, H. N. Stonestreet. clerk OF the circuit court Of
jackson county, Missouri, hereby certify that the
foregoing is a true and correct copy OF the order made
by division No. two C) Of the circuit court of jack
son county. Missouri. at Kansas City. in the above
entitled proceeding on the 18th day OF November. A.
D. 1898. as the same appears of record in my once.
Witness my hand and seal OF court this 18th day OF
November. A. D. 1895.
tSeaD II. NJ. STONESTREET.
Clerk Of the Circuit Court Of Jackson County, Mis-
souri,.
BY J. S. CHASE. Deputy Clerk.