Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1899-04-10

tne circuit court OF jackson county. Missouri. at
Kansas City. division No. u. case No. s4se5.
In the matter Of the proceedings to ascertain and
posed grading OF Lexington avenue from Indiana
nue. TO Bales avenue. in Kansas City Jackson county
Missouri under ordinance of Kansas City Missouri.
1885, and entitled AN ordinance to grade Lexinx-
Now on this. the 1lth day of March. A. D. 1899.
in this the circuit court Of jackson county, Missouri
at Kansas City, division number one o.. comes
Kansas City. Missouri. appearing by its assistant
counselor. $. s. VIM. ESQ.,. and to the court
that It's mayor has heretofore caused to be nled in
ard the court. being fully advised in the premises.
makes a Rs,nns Wns 01ae, herein .o~.
Nm Of an Of =
OF October. A. D. 1888. and entitled An ordinance
to grade Lexington avenue from Indiana avenue to
Bales avenue" was by the mayor Of Kansas City.
jackson county. Missouri. at Kansas City. and the
general object and nature of said ordinance and
limits within which private property Is benefited By
the proposed grading being stated and defined
and which said ordinance is substantially as fol-
Be it ordained BY the common council Of Kansas
City:
Section l. That Lexington avenue from Indiana
avenue TO Bales avenue shall be graded the full
width thereof and to the established grade Of the
Section 2. Embankments or nils shall be made Of
earth or rock. or both combined The work herein
ton of the board Of public works. as the said board
removed or altered at will. in accordance with the
provisions OF section 10. Of article TX. charter Of
Section 9. That whenever. when entertainments are
made it shall be necessary in the opinion Of the city
proper objections on the part of aba,tns property
owners. or for other similar good and sutcient
and sustaining any part OF the street graded (which
wall or walls shall not have been included in the APP
proximate estimate for the making Of the improve
menp in the place Of the usual slope given to such
embankmsnt. the city engineer design plan for
the contractor to construct the same in accordance
Herewith under his supervision and subject to his
approval and acceptance. and the construction
wall walls shall be deemed 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 Its legally
established grade and be paid for in special bills
accordingly. Provided however that the price to be
paid the and all Of the materials
furnished and for all labor done in constructing
wall walls shall be nxed and determined BY the
city engineer. and shall under circumstances be
excess Of the actual cost Of such work. plus
actual cos 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 cpoa 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
otherwise than BY the issue Of special tax bills
Section 5. Whereas. private property may be lis
and provided for and the owners thereof lawfully
entitled to remuneration or damages under tie con-
or claim thereto 1t Is ordered that proceedings 10
ascertain and assess all such damages or remunera
tion be begun and carried on and sucn remuneration
damages ascsrained and assessed a. 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
as follows to-wit: Beginning east line OF Indi-
ana ave. at the center Of alley between Lexington
ter line Of said alley to the west line of Bales
nue.; thence south along the line OF Bales ave
n nj hP % 0fo0
and Smart ave thence west along center line
sf said alley to the east line Of Indiana thence
north th, to the place Of eesinnins
In conflict herewith are. insomuch they conflict
with this ordinance. hereby repealed.
notified that the ed day o, April A. D. 1899. is the
day. and the courtroom Of division No. one tD. Of
Kansas City. at the county court house In Kansas
City Jackson county. Missouri. is the piaee. hereby
fixed by said for the sscertaIning assessing
of damages and benefits that may arise from said
proposed grading and that unless. on or before the
or before the d.y to which said may have been
postponed continued. you file with the clerk Of
said court claim or claims for damages. contain
Ing description Of the property chained to be DAM
aged. and the interest Of the claimant therein.
and each of shall be forever thereafter preciuded
And the court further orders that this order Be
published in each issue Of The Kansas City Journal
the last insertion to be not more than one week prior
to the day therein fixed for said hearing.
order be served a. By the charter Of sad city pro-
vided upon each and svery resident Of the city In
I. IT. NJ stonestress. clerk Of the circuit esurt Of
jackson county. Missouri. hereby earthly that the
foregoing is true and correct Of the ordsr made
jackson county Missouri. at Kansas City in the
above entitled proceeding the nth day Of March.
witness my hand and seal Of court this 18Th day Of
(seaD H. n sroNEsrREEr. c,srk.
" J. g.. 10. C..