Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1898-12-06

IN the circuit court of Jackson county. Missouri.
A. Kansas City. division No. two ~, case No. 3iO1s.
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: 1918. approved on the
nance to grade Cherry street from Thir1y-fourth
t34th) street to Thirty-sixth t3sthl street"
Now. on this the 10th day Of November. A. D.
1888. in this the circuit cour. of Jackson county.
Missouri. at Kansas City. division number two (),
s sis,ss, kansas .an,.s,o CITY; s : %ian appearing Esa ss, BY sbn Its as IS
the court that its mayor has heretofore caused to be
nled 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-wit:
To All Persons Whom 1t May Concern. Greeting:
sas City. Missouri, No. ssls, approved on the 18th
day of June. A. D. 1888. and entitled AN ordinance
to grade Cherry street from Thir,y-fourth Gath,
street to Thirty-sixth t36th) street, was. by the
mayor of Kansas City. Missouri. caused TO be filed in
the circuit court OF Jackson county. Missouri, at
said ordinance and the limits within which private
stated and defined therein, and which ssid ordinance
is substantially as follows. to-wit:
Be it ordained by the common council Of Kansas City:
Section l.. That Cherry street from 3ith street to
sSth street 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 DO protected from surface water by
ton OF the board of public works. as the said board
may deem necessary. and the same may be closed.
removed or altered at Will. II aCCOfudnCe Win tho
provisions Of section IL OF article H., charter Of
Kansas City.
made. 1t shall be necessary. in the opinion of the
city engineer. by reason Of injunction proceedings or
proper objections on the part Of abg'tins property
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
provemenu. in the place Of the usual slope given to
such embankment. the city engineer may design a
plan for q wall or walls suitable for the purpose. and
require the contractor to construct the zane in &C.
cordance Herewith under his supervision and subject
to his approval and acceptance. and the construction
Of said wall or walls shall be deemed a necessary
part Of the work and improvement authorized to be
made, and the cost thereof shall be estimated in and
deemed q 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
OF the materials furnished. and for all labor done in
constructing such wall or walls shall be h1ed and
determined by the city engineer. and shall under no
work. plus q reasonable sum tnot to exceed ten llol
per centum OF such actual cost. as pront on the eI-
p%enditure involved on the part OF the contractor.
tax bills against and upon the lands that may be
charged with the cost thereof: according to law.
which work the common council deems IL necessary
to have done: but the passage Of this ordinance and
the doing of said work shall not render Kansas City
otherwise than by the issue of special tax bills.
Section 8. Whereas. private property may be dis
and provided for. and the owners thereof lawfully
entitled TO remuneration or damages under the con-
StitutiCn OF mis- STATE, 0uu nave W dlNt All flHnt
or claim thereto. it is ordered that proceedings to
ascertain and assess all such damages or remunera-
ton be begun and carried on. and such remu Grafton
or damages ascertained 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 by the
proposed grading herein mentioned. and the limits
within which such property shall be assessed and
charged to pay such remuneration or damages, to be
as follows. to-wit:
Beginning at the northwest corner Of lot q, block
:, Kenwood annex: thence south along the west limo
Of lots "a to 10 inclusive, of said block =, to tho
north line Of 35th street: thence to the northwest
corner Of lot "a. block 9. of Kenwood; thence south
along the west lines o. lots e to 13 Inclusive to tho
north line Of 36th street: thence east along the north
line of 3sth street to the southeast corner Of lot II.
block ). Of Kenwood: thence north along the cas-,
lines OF lots II TO l inclusive. OF said block 3, to the
south line Of 18th street: thence to the southwest
corner OF lot l., block 3. Kenwood annex: thence
north along the east lines Of lots II to l inclusive. OF
said block 3. to the south line Of 34,h street: thence
west along the south line Of 34th street to the place
Of beginning.
Section s. All ordinances or parts OF ordinances
in conflict erewith 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. 1855, is
the day. and the courtroom OF division No. two ca
of the circuit court OF Jackson county. Missouri. a,
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