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

IN the circuit court OF Jackson county, Missouri. at
Kansas City, division No. two ~. Case NO. 5iOos.
In the matter of the proceedings 10 ascertain and as,
sess damages and benefits to arise from the proposed
grading OF the alley between Grand avenue and Me-
Gee street from Tenth doth, street TO Eleventh ultlD
street. in Kansas City. Jackson county, Missouri
under ordinance Of Kansas City, Missouri. No. loioS.
entitled An ordinance TO grade the adiey between
Grand avenue and Niece street from lVta street 10
18th street" Now on this, the 10th, day OF Noveln-
Der. A. D. 1895. in this, the circuit. court oil jackson
county. Missouri, at Kansas City, division number
two ~. comes Kansas City, Missouri. appearing by
its assistant counselor, S. 5. VIM. Esq. and shows
10 the court that its mayor has heretofore caused o
be filed in this court a certified copy OF the siort-
said ordinance, and the court. being fully advised IN
the premises. makes the following order herein To-
To All Persons Whom 1t May Concern. Greetings:
Whereas. 4 certified copy of an ordinance OF kaa-
la Of Au sfou "A D. 3D. 1888 : and entitled An ordl-
nance to grade the alley between Grand avenue and
by the mayor OF Kansas City, Missouri. caused to be
filed in the circuit court Of jackson county, missouri.
of 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-wit:
Be it ordained by the common council OF Kansas
City.
Section 1. That the alley between Grand avenue
and MCGEE street from 10th street to 1lth street shall
be graded the full width thereof and TO the estab-
lishea grade Of the same.
Section =. Embankments or fills shall be made of
earth or rock. or both combined. The work herein
authorized may be protected from SURFACE water pS
temporary drains or culverts. put in under the direc,
ton OF the board OF public works, as the sald pOdIu
may deem necessary. and the same may be closed,
removed or altered at will. in accordance with the
provisions Of section IL. of article TX. charter OF
kansas City.
Section ,. That whenever. when embellishments 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 AUDITING property
reason. TO construct a wall. or walls, FOR the support
ana sustaining OF any part OF the street graded
(which wall. or walls. snail not nave peer ihciuaea
in the approximate estimate for the making OF the
improvement, in the place of the usual slope given
to such embanEment, The city engineer may design a
plan for a wall, or walls. suitable for the purpose.
and require the contractor 10 construct the same IN
accordance herewith under his supervision and sub
Ject TO his approval and acceptance, and the construc-
ton Of said wall, or walls. shall be deemed a neces-
sary part of the work and Improvement authorized to
be made. and the cost thereof shall be estimated III
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 10 be paid the contractor for each and
all OF the materials furnished. and Tor an iapor zone
in constructing such wall, or walls, fhail he nked
and determined by the city engineer. and shall under
such work, plus a reasonable sum mot to exceed ten
40 per centum of such actual cost. as profit on the
Section 4. 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:
to have done; but the passage OF this ordinance and
the doing of said work shall not render Kansas City
liable TO pay for such work, or any part thereof.
otherwise than by the issue OF special tax bills.
,r s , N = S,msesd by the Srsains barcin "a a,,So-izsd
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 10 ascer-
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 u
pay such remuneration or damages. to be as follows
to.wit; Beginning At the southeast So f corner or Of ION
of 10th street to the west line of Niece street, thence
north line Of 18th street. thence west along the north
line Of 18th street to the east line Of Grand avenue.
thence north e place Of beginning.
conflict herewith are, insoHuch as they conflict will
this ordinance. hereby repealed.
Now. therefore. you and each OF you are hereby no
tilted that the 18th day Of December, A. d. 1895, II
the day. and the court room OF division No. two g
Kansas City. At the county court house. in Kansai
City; Jackson county, ME is The place hereb,
Of damages and benefits that may arise from sale
day next before the day set for the hearing aforesaid
or before the day to which said cause may have beer
postponed n or roa eph claim or sU claims inns f !. damage N : con n
tanning a description of the property claimed {
be damaged, ana the interest Of the claimant there
after ~precluded from making any claims on accoun
E And the court further orders that this order b
published in each issue of The Kansas city Journa
> the last insertion 10 be not more than one week priO
{ to the day therein fixed for said hearing.
0 And the court further orders that a copy OF thi
order be served as by the charter OF said city pro
: yided upon each and every resident of the city inter
( ested herein.
n / +. M. stonestreet, clerk Of the circuit court of Jack
: son county, Missouri, hereby certify that the foregoin
, is a true and correct copy OF the order made by divIa
e ion M. two ~ OF the circuit court Of Jackson count
{ Missouri. at Kansas City, in the above entitled pro
ceeding on the 10th day of November. A. D.. 1895, a
r the same appears of record in my office,
Witness my hand and seal OF court this 18th day
November. A. ID. 1898. H.. N. ST~ONESTREET
= CLERK of tho Circuit Court Of Jackson County
y Missouri.
o (SeaD BY j.. = CHASE. Deputy clerk.
I