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

IN the circuit court OF Jackson county. Missouri. at
Kansas City. division No. three go. case No. 3iosl.
In the matter of the proceedings TO ascertain and
assess damages and benefits TO arise from me nro-
posed grading Of Thompson avenue from Indiana ave-
county. Missouri. under ordinance OF said Kansa.
City. Missouri, No. lOl3s. approved on the sOth day
:, VI; a. ~. isys, ana emitted, An ordinance 10
grade thompson ave. from Indiana ave. to Monroe
ave" Now. on this, the sth day OF December. A. n.
isso. IN this. the circuit court OF Jackson county.
missouri. at Kansas City. division number three.
comes Kansas City. Missouri, appearing by its as
sls;ant counselor. $. 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 An Persons Whom 1t May Concern. Greeting:
whereas a certified copy Of an ordinance of Kan
ss City. Missouri, No. IOl3S. approved on the seth
day Of July. A. d. 1888. and entitled A ordinance
to grade Thompson ave. from Indiana ave. TO Mon
roe ave- was by the mayor OF Kansas City. Mis-
souri,. caused 10 be filed in the circuit court Of
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 there
in, and which said ordinance is substantially as fol-
lows. tO-wit:
Be it ordained by the common council Of Kansas City.
Section l. That Thompson ave. from Indiana ave.
to Menrce ave. shall be graded the full width there
OF 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
temporary drains or culycrts. put in under the
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 TX. char
ter OF Kansas City.
Section 3. That whenever. when embankments are
made, IL 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. 10 construct a wall or walls for the supnDrt
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 inn
provemeup, in the place OF the usual slope given 10
such emSankment. the city engineer may design a
and require the contractor TO construct the same in
accordance Herewith. under his supervision and sub
feet 10 his approval and acceptance. and HE con-
siruction 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 he sstj-
mated in and deemed a part of the cost u grading
said street 10 its legally established grade and he
paid for in special tax bills accordingly. Provided
however, that the price 70 be paid the contractor for
each and all Of the materials furnished and for all
labor cone 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 cast OF such work. plus a reasonable sum mot
10 exceed ten Q0l per centum OF such actual cost. as
profit On the expenditure involved on the part Of the
Section 4. The work shall be paid for in special
tax bills against and upon the lands that NAV be
sharsee WIN me cost thereof; according TO law.
- have done; but the passage OF this ordinance and
the doing Of said work shall not render Kansas City
liable 10 pay for such work. or any part thereof.
otherwise than BY the issue of special tax bills.
Section ; Whereas. private property may be dis
iurhrd nr damaged by the grading herein authorized
or provided for, and the owners thereof lawfully en-
titled TO remuneration or damages under the constl-
49, HN 49,
or claim thereto. it is ordered that proceedings 10
ascertain and assess all such damages or remuneTa-
ton be begun and carried on. and such remunera-
ton or damages ascertained and assessed, as pra-
rided in aEtlclr VII. 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 lin
It's within which such property shall be assessed and
charged 20 pay such remuneration or damages. to be
as follows. to-Nit: Beginning at the intersection O,
the center line OF the alley between Garner ave. and
Thompson ave, with the east line Of Indiana ave
thence east along the center line Of said alley TO the
west line or MunrOe ave. thence south along the
west line Of Monroe ave. TO the center OF the alley
between Thompson ave. and Roberts ct: thence west
along said alley south of Thompson ave. 10 the east
line Of Indiana ave. thence north to beginning.
Section 6. All ordinances or parts OF ordinances in
conflict herewith arr. insomuch 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. D.. 1899. is
the day. and the courtroom OF division No. three CD
OF the circuit court Of Jackson cousty, Missouri, al
KANSAS city, at the county court house in Kansas
Ftty. Jackson county. Missouri. is the place hereby
hNed by said court for the ascertaining and assessing
OF damages and benefits that may arise from said
proposed ending. and that unless on or before the
day next before the day set for the hear
ing Aforesaid or before the day 10 which
said cause may have been postponed or CON
ttnued you file with the clerk Of said court your
claim or claims for damages. containing a description
q the property claimed to be damaged, and the in