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

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CLERK o, the Circuit Court Of jackson County. mo.
By J. S. CHASE, Deputy Clerk.
I n 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-
street 10 thir1y-afth C35thI street or Hoffman avenue,
IN Kansas City, Jackson county, Missouri. under or
dinsnee Of said Kansas City. Missouri. No, 1851 ap-
proved on the llth day Of juno: A.D. ISIS. and en-
titled An ordinance TO grade Vine street from
Isl street to s.th street or aSntaan sEsqae-y new
this. the circuit court OF jackson county. Missouri.
at Kansas City: division number three c.. comes
counselor. s. s. VIM. Esq. and shows 20 the
court that its mayor has heretofore caused to be FLED
in this court a certified copy OF the aforesaid ordi-
nance. and the court. being fully advised in the
premises. makes the following order herein. to-wit:
To All Persons Whom 1t May Concern. Greeting:
Where's a certified copy Of an ordinance Of Kan
sas City. Missouri. No, es5i. approved on the llth
day Of June, a. D. 1885. and entitled An ordinance
to grade Vine street frcta sIst street to 55th street
or Hoffman avenue" was by the mayor OF Kansas
City. Missouri. caused to be filed in tine circuit
court CT Jackson county. Missouri. at Kansas City.
and the general object and nature 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 sub
stsntially as follows. to-wtt:
Be 1t ordained by the common council of Kansas City.
Section !. That Vine street from slst street to
18th street or Hoffman avenue shall be graded the
fun width thereof and to the established grade of
the same.
Section ?. Entertainments or fills shall be made Of
earth or rock. or both combined. The work herein
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
with the provisions Of section i OF article TX. char
ter Of Kansas City.
Section ; That whenever. when em~bankments are
made. it shall be necessary. in the opinion Of the
city engineer, by reason Of Injunction proceedings or
owners. or for any other similar good and surcielt
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
proyement,, in the place Of the usual slope given to
plan for a wall or walls suitable for the purpose.
accordance herewith, under his supervision and sub
iect TO his approval and acceptance, and the con-
struction OF said vail or walls shall be deemed a
necessary pau 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 COS, O. grading
said street to its legally established grade. and be
paid for in special tax bills accordingly. Provided.
however; thaf me price TO ee PAID the contractor fer
labor done in constructing such wall or walls shall
be fixed and determined by the city engineer. and
shall under no circumstances be In excess OF the
actual cost of such work. plus a reasonable sum mot
70 exceed ten tOl per centum Of such actual cost. as
profit on the expenditure involved on the part Of the
contractor.
Section I. 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
The doing Of said work shall no. render Kansas City
liable TO pay for such work. OF any part thereof.
SSLt- FASS lie ~ hA- AIAS "A sREI.aA - SaAil-
Section :. Whereas. private property may be dis
turbed or damaged by the grading herein authorized
or 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. IL is ordered that proceedings to
ascertain and assess all such damages or remune-s-
ton be begun and carried on. and such remunsra-
ton or damages sscertained and assessed. as pro-
yided in article VIII. Of the charter OF said city. and
the Common council prescribes and determines the
the proposed grading herein mentioned, and the lin
It's within which such property shall be assessed and
as follows. to-xit: Beginning At a Point on the
south Inns Of 3ist street III feet west OF the west
west line OF Vine street to the north line Of Lin
wood avenue or sd street: thence to a point on the
feet west OF the west line Of Vine street: thence
south and parallel to the west line OF Vine street
thence to a point on the south line OF Russell avenue
or 53rd street TO q point 1884, feet west of the west
west line Of Vine street to the north line Q, HOG
man avenue or 35th street: thence east along the
point l4s feet east Of the east line Of Vine street:
thence north and parallel to the east line Of Vine
street: thence TO a point on the north line OF said
RUSSELL avenue or 33rd street 1882 feet east Of the
TO the east line Of Vine street to the south line Of
Llnwood avenue or 32i street: thence to a point on
1867 feet east OF the east line of Vine street; thence
north and parallel to the east line of Vine street to
the south lire of s1st street; thence west to the place
Section s. All ordinances or parts of ordinances in
conflict herewith are, fnsomuch as they conflict with
this ordinance, hereby repealed.
Now. therefore. YOU and each OF you are hereby
notified that the 18th day of January. A. .. 1899, is
the day. and the courtroom of division No. three go
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 tn.
day next before the day set for the hear
ing aforesaid or before the day to which
said cause may have been postponed or con-
tiuued. you file with the clerk OF said court your
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 you
shall be forever thereafter precluded from making
any claim on account thereof.
The court further orders that this order be pub
lished in each issue of The Kansas city Journal iths
newspaper doing the city printing! for ten days. the
last insertion 10 be not more than one week prior
to the day therein fixed for said hearing.
I, II. NJ. Stonestreet. clerk Of the circuit court OF
jackson county. Missouri. hereby certify that the
foregoing is a true and correct copy Of the order
made by division No. three (). of the circuit court
OF Jackson county, Missouri, at Kansas City. in the
above entitled proceeding on the 9Th day of Decem-
Der, A.. D. 1855. as the same appears OF record in
my office.
Witness my hand and seal of court this 2od day of
December. A. D. ls2s. !
Seal II. VI. STONESTREET. |
Clerk Of the Circuit Court OF Jackson County. Mo. |
BY J. s. CHASE, Deputy Clerk. |