Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1898-12-06
By ]. S. CHASE, Deputy Clerk.

IN the circuit court of jackson county. Missouri.
at Kansas City. division No; two ca. Case No. aiOsO.
sess damages and benefits 10 arise from the proposed
grading OF the alley between Broadway and Central
streets from Ninth 18th, street to Tenth doth stree,
IN Kansas City, jackson county, Missouri, under ordi-
nance Of Kansas City. Missouri, No. 1928. approved
on the eth day of July. a. ID. 1895, and entitled
An ordinance TO grade the alley between BroadS ~
and Central streets from 9Th street to 10th street.
Now on this. the 18th. day Of November, A d. 1855,
In this, the circuit, court of Jackson county, Mis-
sour. at Kansas City. division number two. cJ.
sistant counselor. s. 5. VIM, Esq. and shows to
the court that the mayor has heretofore caused to DO
ordinance. and the court, being fully advised in the
premises, makes the following order herein to-wit:
To All Persons Whom 1t May Concern. Greeting:
Whereas. A certified copy of an ordinance of Kan
sas City. Missouri. No. lOlss. approved on the eth
day of July. A d. 1898, and entitled IAN ordinance to
grade the alley between Broadway and Central streets
from sth street TO 10th street" was by the mayor OF
Kansas City, Missouri. caused to be filed in the cir
cult court of Jackson county, Missouri. at Kansas
City, and the general object and nature Of said ordi-
is benefited by the proposed grading being stated and
defined therein and which said ordinance is substan-
TALLY as follows to-wit:
Be it ordained by the common council OF Kansas
City.
Section /. That the alley between Broadway and
Central streets from 9Th street TO 10th street shall be
graded the full width thereof and TO the established
grade of the same.
Section . Entertainments 1r 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 direC-
lion 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 1S. Of article TX, charter OF
Kansas City. e
Section 3. That whenever. when entertainments are
made. it 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 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
Improvement. in the place OF the usual slope given
10 such emb2nkment, the city engineer NAV design q
plan for a wall. or walls. suitable for the purpose.
and require the contractor to construct the same IN
accordance Herewith under his supervision and SUBJ
ject 10 his approval and acceptance and the CONSTITUTE
ton Of said wall. or walls, shall be deemed a neces-
sary part OF the work and Improvement authorized 10
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
30, per centum of such actual cost. as profit on the
expenditure 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 it necessary
to have done; but the passage of this ordinance and
liable to pay for such work, or any part thereof,
otherwise than by the issue of special tax bills.
turbed or damaged by the grading herein authorized
and provided for. and the owners thereof lawfully en-
iiN'eN u itHiuIt allUu U u IL1 unutE n cOnStl-
tuition of this state and have not waived all right or
claim thereto, II is ordered that proceedings to ascer-
tain and assess all such damages or remuneration be
begun and carried on. and such remuneration or dam
ages ascerfained and assessed as provided in article
Will, 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 10
pay such remuneration or damages. to be as follows,
street and Broadway, thence. south along the east
line OF Broadway to the north line of 10th street.
thence east along the north line of 10th street to the
west line OF Central street, thence north along the
west line of Central street to the south line Of sh
street, thence west to the place of beginning.
connict herewith are. fnsomuch as they conflict with
this ordinance, hereby repealed.
Now. therefore. you and each OF you are hereby no.
tilted that the 18th day of December, A. D. 1898. is
the day. and the court room OF division No. two C)
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 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 there
In. you and each of you shall be forever there
thereof. ~
And the court further orders that this order h.
published in each issue Of The Kansas City Journal
the newspaper doing the city printing! for ten days.
to the day therein fixed for said hearing. N
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.
i. H. NJ. Stcnestreet. 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 e. Of the circuit court OF Jackson county.
Missouri, at Kansas City. IN the above entitled pro.
ceeding on the 18th day OF November, A. d. 1898. "A
the same appears OF record in my ONCE.
Witness my hand and seal OF court this 18th dav Of
November, A d. 1895. II. NJ. STONESTREET.
Clerk OF the Circuit Court Of jackson County.
(SeaD BY J. s. CHASE. Depu.v cIerk