Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1899-01-05

IN the circuit court Of jackson county, Missouri, at
In the matter Of the proceedings to ascertain and
assess damages and benefits to arise from the pro-
posed grading of the alley between Cherry street
and Holmes street from Twelfth u2th, street to Thir-
teenth 18th street, in Kansas City, jackson county.
Missouri, under ordinance of said Kansas City. Mis-
A. D.. 1895. and entitled IAN ordinance to grade
18th 3 street. oe'T MeW. S ON thfs. a the stb dey Of of0 December m =
A. d. 1898. in this. the circuit court Of Jackson
, county r., Missouri at kansas ri,E Sity, division number sr
its assistant counselor, S. S. VIM. Esq, and shows
to the court that its mayor has heretofore caused to
be filed 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. ssl5, approved on the 18th
to grade the alley between Cherry and Holmes from
18th to 18th street. was by the mayor of Kansas
City, Missouri, caused to be filed in the circuit court
Of jackson county, Missouri. at Kansas City. and
the general object and nature of said ordinance and
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 l. That the alley between Holmes street
shall be graded the full width thereof and to the
established grade of the same.
section :: Em6ankments or mis- shall be made Of
authorized may be protected from surface water by
direction 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 IL Of article 1X., char
ter Of Kansas City.
Section 8. That whenever. when entertainments are
made, 1t 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 I'M
provement, in the place of the usual slope given to
such embankment, the city engineer may design a
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
struction Of said wall or walls shall be deemed a
necessary part of the work and improvement author
lied TO be made. and the cost thereof shall be esti-
mated In and deemed a part OF the cost OF grading
paid for in special tax bills accordingly. Provided.
however. that the price to be paid the contractor for
labor done in constructing such wall or walls shall
be fixed and determined by the city engineer. and
actual cost of such work, plus a reasonable sum mot
to exceed ten 40 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
charged with the cost thereof. according to law,
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
or provided for. and the owners thereof lawfully en-
1 tilted 10 dtlOu OE udiudbtS III IN CUIstl
tuition of this state and have not waived all right
or claim thereto. 1t is ordered that proceedings t.
ascertain and assess all such damages or remunera,
ton be begun and carried on. and such remunera.
ton or damages ascertained and assessed, as pro
rided in article VIII. of the charter OF said city. ant
the common council prescribes and determines tn,
limits within wEieh private property is benefited b,
its within which such property shall be assessed ant
charged to pay such remuneration or damages, to b,
as nsr fO IL Ts;b to s,res, ams rhelrx at st a1s southeast ibenes e eos
along the south line Of 18th street to the west lns
of Holmes street. thence south along the west lin
OF Holmes street to the north line OF 18th street
thence west along the north line Of 18th street I,
the east line OF Cherry street, thence north alonl
the east line Of Cherry street to the place Of be
Section 6. All ordinances or parts of ordinances ii
conflict herewith are. insomuch as they conflict will
this ordinance. hereby repealed:
Now. therefore. you and each OF you are hereb,
notified that the 18th day of January. A. D. 1899. i
the day. and the courtroom of division No. three g
Of the circuit court of Jackson county, Missouri. a
Kansas City. at the county court house in Kansa
City. jackson county. Missouri. is the place hereb
fixed by said court for the ascertaining and assessing
proposed grading. and that unless on or before tn
day next before the day set for the hear
Ing Ing, Aforesaid NAV or ,, before Sesn the post Gsy to ., Ws sdn
tinued, you file with the clerk of said court you
claim or claims for damages, containing a description,
Of the property claimed to be damaged. and the in
terest Of the claimant therein. you and each Of yO
shall be forever thereafter preciuded from maxim
The court further orders that this order be pub
lshed in each issue Of The Kansas City Journal oh
newspaper doing the city printing! for ten days. tn
last insertion TO be not more than one week prio
to the day therein fixed for said hearing.
/. II. NJ. Stonestreet. clerk of the circuit court G
jackson county, Missouri. hereby certify that tn
foregoing is a true and correct copy OF the crde
made by division No. three ~, OF the circuit cour
of Jackson county, Missouri. at Kansas City, in til
above entitled proceeding on the 9Th day of Decem
Der. A. D. 1898. as the same appears OF record 1
my ONCE.
Witness my hand and seal of court this 22d day
December. A. D. 1898.
(SeaO H.. NJ. STONESTREET,
Clerk of the Circuit Court of Jackson County. Mo.
Nv l. 8. CHASE, Deputy Clerk.