Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1898-12-10

IN the circuit cour. of Jackson county, Missouri, at
Kansas City. division No. Two CD. Case No. 34e6v.
sess damages and benefits to arise from the proposrd
grading OF the alley between Olive street and Wa
avenue. In Kansas city. Jackson county, missouri.
under ordinance OF Kansas City, Missouri. No. s6ls,
entitled AN ordinance TO grade the alley between
Olive street and Wabash avenue from Lexington
day OF November. A. ID. 1898. in this, the circuit.
court of jackson county. Missouri, at Kansas city,
souri,, appearing BY its assistant counseIor. S. s.
VIM. Esq, and shows to the court that its mayor
titled copy Of the aforesaid ordinance, and the court,
being fully advised in the premises, makes the fol-
To All Persons Whom 1t May Concern, Greeting:
Whereas, A certified copy of an ordinance Of Kan
Of April. A. ID. 1898, and entitled An ordinance 10
grade the alley between Olive street and Wabash ave-
was by the mayor of Kansas City, Missouri. caused
10 be hled In the circuit court Of Jackson county,
nature Of said ordinance and the limits within which
private property ia benefited by the proposed grading
being stated and defined therein and which said ordi-
nance IL substantially as follows. to-wit:
Be II ordained by the common council Of Kansas
City:
Section ]. That the alley between Olive street and
Wabash avenue from Lexington avenue TO Pendleton
avenue shall be graded the full width thereof and TO
the established grade Of the same.
Section :. Entertainments or fills shall be made Of
earth or rock, or both combined. The work herein
authorized may be protected from surface water by
temporary. drains or culrerts, put in under the di-
NNf 20 Dsf "" FsS' "VtAes IN u bdlu
board may deem necessary. and the same may be
closed. removed or altered at viii. in accordance with
the provisions of section -, of article M, charter
OF Kansas city
Section 3. 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 abutting property
owners. or FOR any other similar good aud sufficient
reason, TO construct q wall, or walls. for the support
and sustaining OF any part Of the street graded
IN the approximate estimate for the making OF thr
Improvement. IN me place oil the usual slope given
IN such pmDaukfueUf. the rlfE engineer Tnaxy a.-g..
q plan for u wall. or walls. suitable for the purpose.
and require the contractor 10 construct the same In
sccnrdsnce Herewith under his supervision and syh,
lect TO his approval and acceptance. and the con.
htTuruon u o.. - nans, shaII % deemed a nee
20 be made. and the cost thereof shall he estimate
in and deemed a part OF the cost Of grading and
street TO il. legally established grade. and be Sati
for In special tax bills accordingly. Provided. bav'
ever. that the price TO be paid the rontrsctor ~,
each and all Of the materials furnished, and for ~
labor done In constructing such wall. or walls. shat
he hKed and determined by the city engineer a.
shall under no circumstances be In excess OF m. on,
ual cost of such work. plus a reasonable sum tnot t,
exceed ten U0l per centum OF such actual GOSH. n,
profit on the expenditure involved on the part Of IN,
contractor.
section 4. The work shall be paid for in spec,.
tsN bills against and upon the lands that may n,
charged with the cost thereof, according 10 Law
which work the common council deems IL necessary Il
have done: but the passage Of this ordinance and III,
doing OF said work shall not render Kansas Cit
liable to pay for such work. or any part thereof
Otherwise than by the issue Of special tax bills
Section 8. Whereas. private property may be- dis
, Eas ana or pf Gs%sssp for. a nc t se4S oWser Ref fssr.a author
fully entitled to remuneration or damages under m
constitution of this state and have not waived al
right or claim thereto, 1t is ordered that proceedine
10 ascertain and assess all such damages or re
.muneTation be begun and carried on, and such Re
Enumeration or damages ascertaiRed and assessed a
provided in article VIII. of the charter OF said rity
and the common council prescribes and determine
the limits within which private property is beneste
by the proposed grading herein mentioned, and m
limits within which such property shall be assessa
and charged to pay such remuneration or damages :
he as follows. to-wit: Beginning at the southeas
corner of Pendleton avenue and Olive street. rhenr
south along the east line Of Olive street 10 the nor,
line OF Lexington avenue. thence east along m
north line OF Lexington avenue 10 the west line :
wabash avenue. thence north along the west line
Wabash avenue 10 the south line Of Pendlet0n az,
nue.. thence west 10 the place of beginning.
Section q. All ordinances or parts Of ordinances 4
conflict herewith are. insomuch as they conflict wit
this ordinance. hereby repealed.
Nov. therefore. YOU and each Of you are hereb
notified that the 18th Gay Of December. A. ID. $50,
Is The day. and the court room Of division No. ~
Cel Of the circuit court Of Jackson county. Missouri
Al Kantss city. at the county court house. in HANS
city. jackson county. Missouri. is the place. heret
fixed by said court for the aScertatning and assassin
Of dlmsges and benefits that may arise from sal
proposed grading and that unless. On or before IN
dsy next before the day set for the hearing sfor,
said or before the day TO which said cause may ha,