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 o.. Case No. 34osu.
an the matter OF the proceedings to ascertain ana as.
sess damages and benefits to arise from the pronosrd
grading OF the alley between Olive street and wa
Dash avenue from Lexington avenue to Pendleton
avenue. in Kansas City, jackson county MJssonri
under ordinance of Kansas City. Missouri, No. ss.s.
approved on the 18th day Of April. A. D. 1895, and
entitled An ordinance to grade the alley between
owe street and Wabash avenue from Lexington
Gay oil November, A ID. 1855, in this. the cirruIT
court Of jackson county. Missouri. at Kansas civ
souri,. appearing by its assistant COUNSELOR :
VIM. Esq, and shows to the court that It's msvor
mas heretofore caused 10 be filed In this court a GER
titled copy OF the aforesaid ordinance, and The court
being fully advised In the premises, makes the fol.
To An Persons Whom 1t May Concern. Greeting:
whereas, A certified copy of an ordinance Of Kan
of April. A d.. 1898. and entitled IAN ordinance ~
grade the alley between Olive street and Wabash ave
nue. from Lexington aven6e to Pendleton avenue :.
was by the mayor of Kansas City, Missouri, caused
10 DC MED IN the circuit court Of jackson count,
Missouri; at Kansas City. and the general object and
private property is benefited by the proposed grading
nance is substantially as follows. to-wit:
City: "' oAiiuOn COUNCIL OIL Kansas
section j. That the alley between Olive street and
Wabash avenue from Lexington avenue to Pendleton
avenue shall be graded the full width thereof and 10
the established grade of the same.
Section :. Embankments or fills shall be made O,
earth or rock. or both combined. The work herein
authorized may be protected from surface water BY
temporary drains or culverts, put in under the d.
rection OF the board of public works, as the said
ooard may deem necessary. and the same may b.
closed. removed or altered at will, in accordance with
The provisions OF section -. of article TX, charter
Section ;. That whenever. when embankmeuts 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 and ~suficient
reason. 10 construct a wall. or walls, for the sunnort
and sustaining of any part Of the street pradad
(Which wall. or walls, shall not have been included
in the approximate estimate for the making nj tns
Improvement. IN the place OF the usual Rlnne piran
10 such embankinent, the city engineer may design
a plan for a wall. or walls, suitable for the nurnos-
and require the contractor TO construct ,be 80 Il,
accordance Herewith under his supervision and sub.
iect 10 his approval and acceptance. and Tho =
struetion of said wall, or walls. shall be deemed . nes.
cssary part OF the work and Improvement authorized
10 he made. and the cost thereof shall he ,iui.
street TO Its legally established grade, and he nsi1
for in special tax bills accordingly Prnyid.S e PAID
each and all OF the materials furnished. and for "a
labor done in constructing such vail mr. u OF al
be fixed and determined by the civ enrinas, snali
shall under no circumstances be in excess OF tha a..
ual cost OF such work. plus a reasonabIe sum ne go ac L
exceed ten u0l per centum of such actual eos,S 40
profit on the expenditure involved on the part Of the
Section 4. The work shall be paid for in s,oo,.,
tax bills against and upon the lands that MAY n.
CHARGED WITH Tue cost thereof, according TO law
which work the common council deems II NECESSARY ~
have done: but the passage Of this ordinance and tbe
doing OF said work shall not render Kansas City
liable TO pay for such work. or any part therenT
otherwise than by the issue Of special tax bills.
Section .. whereas. private property may be dis.
e'"AAAc AANAfIU
ized and provided for. and the owners thereof law
fully entitled to remuneration or damages under ~
constitution Of this state and have not waived ali
right or claim thereto, IL is ordered that proce,.Sjna !.
TO ascertain and assess all such damages or 20
muaeration be begun and carried on, and such -s
Enumeration or damages asCertained and assessed ss
provided in article VIII. OF the charter of said c;,r
and the common council prescribes and determins.
the limits within which private property is bensstes
by the proposed grading herein mentioned, and fhe
limits within which such property shall be assessed
and charged TO pay such remuneration or damages ~
be as follows, to-wit: Beginning at the soutbass,
corner of Pendleton avenue and Olive street theme
south along the east line uf Olive street 10 the morn
line OF Lexington avenue. thence east along ~
north line Of Lexington avenue 10 the west line y,
Wabash avenue, thence north along the west line OF
Wabash avenue TO the south line Of. Pcndleton Eve.
nue., thence west 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 herehr
notified that the 18th day Of December. A. d. 1895.
Is the day, and the court room of division No. two
() 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 Bscertaining 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 afore-
said or before the day to which said cause may have