Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1899-01-03

az Kansas City, division No. four ~, case No. s.5ss.
In the matter Of the proceeding TO ascertain and as
seAs damages and benefits to arise from the pro-
posed grazing OF Tenth u9thD street from BeiIefpn-
tame avenue to a point 500 feet east OF Benton boul--
varo. IN Kansas City, Jackson county, Missouri. tn
Ger ordnance Of said Kansas City, No I0-s6, approved
on the litn day Of Angus. 4 d. 1888. and entitled
An ordinance 10 grade lgrh street from BelIefonra.ns
avenue TO a point as feet east o. Benton Boulevard
Now. on this The 18th cay Of December, 4. D..
Isss, in this the circuit court OF jackson county,
missouri, at Kansas CITY, division number four (l,
comes Kansas City. Missouri. appearing BY its as
sistant counselor, :. S. VIM, Esq. AID shows TO the
court that its mayor has heretofore caused TO be
fled in this court a certified co7y Of TIE aforesaid
ordinance, and the court, being fully advised in the
premises. makes the following order herein, to-vit:
To All persons Whom 1t Nay Concern, Greeting.
Whereas, a Certified copy of an ordinance OF Kan
sas City. Missouri. Nc. lJ2Se. approved on the 18th
day OF August. a. D. 1855. and entitled An ordi-
nance to grade 18th street from Bellef0ntsile avenue
70 a point 4s teer east o. Benton bouIeyard," was
By the mayor Of Kansas City, Missouri. caused 10 be-
fled in the circuit court of jackson county. Missouri.
at Kansas City. and the general object and nature
property is benefited b. the proposed grading beng
stated and defined therein ana which said ordinance
is substantially as follows. to-wi;:
Be 1t Ordained by the Common Council OF Kansas
City
avenue to a point as feet east of Benton bouIe-
ward. shall be graded the 1Cii width thereof and to
the established grade 0; the same.
SsctIyl = 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 cu!yeEts. put IN under the d-
rection 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 JIe provisions OF section l. OF article lN., char
ter Of Kansas City
Section ;. That whenever. when embankmeats are
made. L shall be necessary in the opinion Of the
city engineer, by reason Of injunction proceedings or
proper objections on the part Of AUDITING property
owners. or for any similar good and sufficient reason,
to coust cuct a wall or walls for the support and sus-
tanning Of any part Of the street graded (which wall
or walls shall not have been included in the ap-
proxEnate estimate Tor the making OF the improve
ment. II the place of the usual slope given to such
snhankIsnt. the city engineer may design a plan
for a wall or walls suitable for the purpose. and re-
quire ths contractor to construct the same in accord
ance Herewith under his supervision and subject
20 his approval and acceptance, and the construction
Of said wall or walls shall be deemed a necessary
part Of the work and improvement authorized II be
made. and the cost thereof shall be estimated in and
deemed a part of the cost of grading said street to
its legally established grade, and be paid for in spe-
the price 10 he 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 and de-
termined By the city engineer. and shall unde. no
circumstances be in excess OF the actual cost Of such
work. plus Il reasonable sum mot to exceed ten uO
per centum Of such actual cost, as profit on the ex-
~penditure involved on the part Of the contractor.
Section A. The work shall! be paid fer ia special
tax bills against and upon the lands that may be
charged with the cost thereof. according 10 Law.
which work the common council deems II necessary
the doing of said work shall not render Kansas City
liable 20 pay for such work. or any part thereof.
otherwise than by the issue of special tax bills
Section .. Whereas. private property may BE dis
turbed or damaged By the grading herein authorized
and provided for. and the owners thereof lawfully
entitled to remuneration or damages under he con-
stitution OF this state and have not waived ii! risi.
CT claim thereto. 1t is ordered that proceedings 10
ascertain and assess all damages or remuneration be
begun and carried on, and such remuneration or dam
ages sseertaincd and assessed as proyiied in article
VIII. Of the charter of said city. and the common
council prescribes and determines the limits within
which private property Is benefited ny the proposed
grading herein mentioned. and the limits within
such property shall be assessed sn1 charged -
pay such remuneration or damages, IN he as follows.
to-wit: Beginning at a point on the east line Of
Belle sontaine 49, feet north OF the north line Of
10th street; thence east and Parallel to the north
line Of 10th street to a point 400 feet east OF Benton
Boulevard; thence south to the center Of the alley
Immediately south OF 10th street; thence west along
the center OF said alley to the east line Of Belle
fJntaine avenue; thence north to the place Of be-
Section c. All ordinances or parts of ordinances In
conflict herewith are insor1Ich as they conflict with
this ordinance hereby repealed.
Now. therefore,. you ard each Of YOU are hereby
notified that the lith day OF January. A. d 1897. is
the dav and the courtroom of division No. four az of
the circuit court Of Jackson county. Missouri. at Kan
sas City. at the county court house in Kansas City.
Jacsson county. Missouri. is the place hereby fixed By
Iii court FOR the ascertaining and assessing Of dam
ages and benefits that may arise from said proposed
c-adinr and that Unless on or before the day nex,
fore the day to which said cause may have been post
poned or continued. YOU file with the clerk Of said
,cou-. vcur claim or claims for damages. containing
a description Of the property claimed To be damaged.
and The interest Of the claimant therein. YOU and
each % you shall be forever thereafter precluded
from making any claims on account thereof.
And the court further orde.. that this order be
published IN e3Ca Issue OF Inc Kansas titv Journal
ihe newspaper doing the city printing, for ten days.
tie last insertion TO be not more than one week
rrior to the day therein fixed FOR said hearing.
l. II. NJ. stonestreet. clerk of the circuit court o.
Jackson COUNTY. Missouri, hereby certify that the
rore-airg Is n true and correct ccpy OF tho order
made by division No four a, OF the circuit court Of
Jackson county. Missouri. at Kansas CITY. in the
above entitled proceeding on the 10th day of Decer-
Der. A. D. 1898. as the same appears Of record in my
witness my hand and seal of court this 24th dsv OF
December. A. \. 1898. II. ". ST~ONEsTREET.
Clerk Of the Circuit Court OF jackson County, Mis-
souri,. By J. 8. CHASE.
tseaD Deputy Clerk.