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

by J. 3 CHASE. Deputy Clerk
IN the circuit court OF jackson county. Missouri.
In the matter of the proceedings to ascertain and az
sess damages and benefits to arise from tho pro-
avenue and Washington street from Thirte.n;h Cstsl
street 10 the north line Of the corrected plat OF Rob-
souri,. under ordinance OF Kansas CITY. Missouri, No,
eseS. approved on the 18th day CT October. A. ID. 1895,
tween Pennsylvania avenue ard Washington street
from Thirteenth 1Sthi street TO the north line Of tbs
corrected plat Of Roberts addition"
Now. on this the 10th day of November, A. D.
lsss. in this the circuit court OF Jackson county.
Missouri. at Kansas City. division number two ~.
comes Kansas City. Missouri. appearing by its as
slstant counselor. s s. VIM, Esq. and shows TO
the court that its mayor has heretofore caused to b.
ME- In this court a certified copy of the Aforesaid
ordinance. and the court. being fully advised in the
premises. makes the following order herein, to-~tt:
To All Persons Whom 1t May Concern, Greeting.
Whereas. A certified copy Of an ordinance OF Kan
sas City; Missouri. No. sss5, approved on the Ista
day OF October. A D. 1895. and entitled An ordi-
nance TO grade the alley between Pennsylvania ave-
nue. and Warrington street from Thirteenth u5,h)
street to the north line OF the corrected plat o. Rob-
erts' addition" was. by the mayor OF Kansas Ci:y.
Missouri. caused to be flied In the circuit court %
Jackson county Missouri, az Kansas City. and ths
general object and nature OF said ordinance and the
limits within which private property is benefited By
the proposed grading being stated and defined there
in. and which said ordinance is substantially as fol-
lows. tO-wit.
Be it ordained BY the common council c, Kansas City:
Section /. That the alley between Pennsylvania
avenue and Washington street from Thirteenth u3thi
street TO the north line Of the corrected plat Of Rob
erts' addition shall be graded the full width thereof
and 10 the established grade OF the same.
Section ? Einbankments or fills shall be made Of
earth or rock. or both combined. The work here,
authorized may be protected from surface water By
temporary drains or culverts. put in under the direc-
ton Of the board Of public works. as the said board
may deem necessary. and the same may be closed.
removed or altered at viii. in accordance with tas
provisions ot section l3 Of article IX.. charter 81
Kansas City.
made. it shall be necessary. in the opinion OF tbs
city engineer, by reason of injunction proceedings or
proper objections on the part Of abutting property
0y-uPrs Or for any arhsr irrfIzr e1n1 and tA~f
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
proyemsnO. in the place Of the usual slope given to
such embansgelt. the city engineer NAV design 4
plan for a wall or walls suitable for the purpose. and
require the contractor to construct the same in ac-
to his approval and acceptance. and the construction
Of said wall or walls shall be deemed a necessary
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
the price to be paid the contractor for each and all
constructing such wall or walls shall be fixed and
determined by the city engineer. and shall under M
work. plus a reasonable sum Cno, 10 exceed ten (Dl
per centum OF such actual cost, as profit on the sx-
pendi.uTe 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 ii necessary
to have done. but the passage o. this ordinance and
the doing OF said work shall not render Kansas cay
liable 10 pay for such work. or any part thereof.
otherwise than by the issue Of special tax bills
,u Sssfo y d dsm Mnsie sy , Psis srsdi R1Sp s,Tsin NAY ay,S he asi
and provided for. and the owners thereof lawfully
entitled to remuneration or damages under the con-
%stitution Of this state. and have not waived all right
or claim thereto, it is ordered that proceedings n
ascertain and assess all such damages or remunera-
ton be begun and carried on. and such remuneration
or damages ascer,ained 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 b. ths
proposed grading herein mentioned, and the limit,
within which such property shall be assessed and
charged TO pay such remuneration or damages. to DO
as follows. to-wit:
Beginning at the northwest corner Of lot one %.
block two l2). Bales place: thence south to the north
line of the corrected plat OF Roberts addition; themes
east 10 the west line of Washington street: thence
north to the south line Of Thirteenth u3th) street:
thence west to the place of beginning
in conflict herewith are. insomuch as they connict<
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. tvo g,
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
axed by said court for the ascertaining 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 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 therein.
you and each of you shall be forever thereafter pre-
And the court further orders that this order be
published in each issue OF The Kansas city Journal
uhe 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
/. n. NJ Stonestreet. clerk Of the circuit court Of
Jackson county. Missouri. hereby certify that the
foregoing is a true and correct copy OF the order mads
by division No. two e. of the circuit court Of Jack
son county. Missouri. at Kansas City. in the above
entitled proceeding on the 18th day Of November. A.
b. 1898. as the same appears OF record in nv once.
Witoss my hand and seal OF court This 18th day Of
November. A.. d. 1888.
(SeaD H. NJ. STONESTREEF.
Clerk Of the Circuit Cour, Of jackson County. Mis-
souri,.
BY 6 CHASE nnnntx Clark