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 (2). case No. s407S.
In the matter OF the proceedings to ascertain and as
sess damages and benefits To arise from the pro-
posed grading OF Cherry street from Thirty-fourth
City, Jackson county. Missouri. under ordinance Of
Kansas City, Missouri. No; sslS. approved on the
nance to grade Cherry street from Thirty fourth
(34th) street to Thirty-siIth G6thl street"
1895. in this the circuit court CT Jackson county.
Missouri. at Kansas City, division number two e.,
sDmss Kansas .aTsss,o City; eiss %,na 'PssaFin g, BY its as s.
the court that its mayor has heretofore caused to be
filed in this court a certified cosy Of the Aforesaid
ordinance. and the court. being fully advised in the
premises. makes the following orier herein, to-wit:
To All Persons Whom 1t May Concern. Greeting:
sas City, Missouri. No, ssis. approved on the 18th
day of June. a. D. 1888. and entitled IAN ordinance
to grade Cherry stree, frum Thirty-fourth 18th,
street to Thirty-sixth t3sth) street" was. 81 the
mayor OF Kansas City. Missouri. caused to he 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 grading being
stated and defined therein. and which said ordinance
is substantially as follows, to-wit:
Section I. That Cherry street from 3ith street to
Seth street shall be graded the full width thereof
Section 2. Entertainments or Ais snail he made OF
earth or rock. or both combined The work herein
authorized may be protected from surface water by
temporary drains or culyerts. 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.
Vi lttlti a. "Ats III ~ ~Ath Ia
provisions of section II Of article IN. charter Of
Kansas City.
made. it shall be necessary. in the opinion OF the
city engineer. by reason Of injunction proceedings or
proper objections on the part Of AUDITING property
owners, or for anv other similar good and sufficient
reason. to cons;ruS: a wall or walls for the support
(which vail or walls shall not have been included in
the approximate estimate for the making OF the i'm
preSem amh,nt IN u P Phe ci = ' enrin ~ sape dssasn 10
plan for a wall or walls suitable for the purpose. and
cordance Herewith under his supervision and subject
TO his approval and acceptance, and the construction
part Of the work and improvement authorized to be
made. and the cost thereof shall be estimated in and
deemed a part ~ the cost of grading said street to
c;al 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 llOI
per centun of such actual cost. 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 cast thereof. according to law,
watch work the common council deems it necessary
to have done: but the passage Of this ordinance and
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.
,urbea or damaged by the grading herein au.borizes
and provided for. and the owners thereof lawfully
entitled to remuneration or damages under the can,
st.tutiGr Of this state, and have not waived all right
or claim thereto, it is ordered that proceedings To
Ascertain and asses all such damages or remuner,-
ton be begun and carried on. and such remuneration
or damages ascertained and assessed as provided in
article VIII. Of the charter Of said city. and the
common council p.escribes and determines the Limits
within which private property is benefited bv IN.
proposed grading herein mentioned. and the Iinits
within which such property shall be assessed and
charget to pay such remuneration or damages. to bs
as follows. to-wit:
BEGINNING at the northwest corner Of lot % hIoor
.. Kenwood annex. thence south along the ives, Jins
of lots "a to i3 Inclusive, Of said block Q In ,ba
north lire OF 35th street. thence to the northves,
corner OF lot "a. block 2. of Kenwood: theocs a"r,h
along the west lines OF lots "a to 10 inclusive to the
north line Of Both street. thence east along IN. nor-h
line OF seth street to the southeast corner OF Ior i,
block 3, OF Kenwood; thence north along ths est
lines OF lots l. to l inclusive. OF said block 3 70 the
corner OF lot Il, block ), Kenwood annex: thence
north along the east lines OF lots Il to ! Inclusive. OF
said block 3. TO the south line Of 3ith street. thspcs
west along the south line OF 9th street 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
notified that the 18th day Of December. A d. 1885. is
of the circuit court OF jackson county. Missouri. at
Kansas City. at the county court house in Kansas
City. Jackson county. Missouri. il the place. hereby
Fixed 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 OF claims for damages. con-