Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1898-12-08

N the circuit court of Jackson county, Missouri, at
Kansas City. division Nc. Two 81. Case No. SivSs.
sess damages and benefits TO arise from the proposed
grading Of the alley between Grand avenue ana Me
street, in Kansas City. Jackson county, Missouri.
under ordinance OF Kansas City, Missouri. No. 1876.
approved on the 18th day Of August, \. d. ls9S, and
eLtitieu Al ordinance 10 grace the alleF pet"eei
Grand avenue and MCGEE street from 10th street 10
llth street. Now on this, the 10th. day Of NoveEa-
Der. y. D. 1855, in this, the circuit. court Of Jackson
county, Missouri, at Kansas City, division number
two ~. comes Kansas City, Missouri, appearing By
It's assistant counselor, 5. :. VIM. Esq, and shows
TO the court that Its mayor has heretofore caused 10
be Med in this court a certified copy OF the aforC-
said ordinance. and the court, being fully advised in
the premises, makes the following order herein to-
To All Persons Whom 1t May Concern. Greeting:
Whereas. a certified copy Of an ordinance OF Kan
sas CITY: Missouri. No. l9io3. approved on the -'th
oay OF August. a. ID. 1898. and entitled An ordi,
nance TO grade the alley between Grand avenue and
McGee street from 10th street to llth street" was
by the mayor of Kansas City, Missouri, caused to &c
filed in the circuit court Of Jackson county. Missouri,
at Kansas City, and the general object and nature
oil 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-w1t:
Be 1t ordained By the common council OF Kansas
City.
Section l. That the alley between Grand avenue
and MCGEE street from 10th street TO 18th street shall
be graded the full width thereof and to the estab-
iished grade of the same.
Section 2. 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 culverts. put in under the dirvc-
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. in accordance with the
provisions of section Is. Of article IN. 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 and sufficient
reason, to construct u 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
1rnnrEVRnHnfl in fhA niarA ~ yfo nztaI Sf-pn .pfr,p
to such embaniment, the city engineer may design u
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 sub
ject TO his approval and acceptance. and the construc-
sary part Of the work and Improvement authorized to
be made. and the cost thereof shall be estimated IN
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
no circumstances be in excess of the actual cost of
such work. plus a reasonable sum mot 10 exceed ten
90 per centum OF such actual cost. as profit on the
expenditure involved on the part OF the contractor.
Section l. The work shall be paid for in special
tax bills against and upon the lands that may be
charged with the cost thereof, according TO law.
which work the common council deems it necessary
the doing of said work shall not render Kansas City
IL liable lie TO- pay for :. such work; or any part thereof.
Section >. Whereas. private property may be dis
turbed or damaged by the grading herein authorized
and provided for, and the owners thereof lawfully en-
titled to remuneration or damages under the consti-
tuition OF this state and have not waived all right or
claim thereto. 1t 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 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 southeast corner OF 10Th
and Grand avenue, thence east along the south line
of 10Th street to the west line of Melee street. thence
south along the west line of McGee street to th-
north line Of 18th street. thence west along the north
line Of nth street to the east line Of Grand avenue.
thence north TO place Of beginning.
Section 6. All ordinances OF 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 no.
titled that the 18th day OF December, a. D.. 1898, is
the day, and the court room OF division No. two ,2I
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
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
after prccluded- from making any claims on account
thereof.
published in each issue OF The Kansas City Journal
1.-THE newspaper doing the city printing, for ten DAYS.
the last insertion 10 he not more than one week prior
TO the day therein fixed for said hearing.
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.
l.. !. NJ. Stonestrcet. 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 divs-
ion No. two t2D OF the circuit court Of Jackson county,
Missouri, at kansas City. in the above. entitled pro-
ceeding on the 10th day ri November, a. d. 1898, as
the same appears Of record in my office.
Witness my hand and seal of court this 18th day of
November, A. ID. 1888. II. NJ. STONESTREET
Clerk Of the Circuit Court OF Jackson County,
Missouri.
(seaD By J. s. CHASE, Deputy Clerk.
IN the circuit court Of jackson county, Missouri, at