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

(SeaD H. NJ SToNESTREET. Clerk.
By J. S. CHASE. D. C.
IN the circuit of Jackson county, Missouri at
Kansas City, division No. three (3J No. $685.
In the matter Of the proceedings ascertain and
assess damages and benefits TO arise from the pro-
posed grading OF Kensngton avenue from Inde-
pencence avenue to Smart avenue. In Kansas City.
jackson county, Missouri. under ordinance OF KAN
sas City. Missouri No. lI02l approved on the 18th
DAY OF January. A. d. 1893, and entitled IAN ordI-
nance to grade kensington avenue from, Indepeno-
ence avenue to Smart avenue
Now on this, the 18th, day of March, A. d. 1889,
In this. the circuit. court Of jackson county. Missouri
at kansas City. division number three 90. comes
counselor. S. S. VIM. Esq., and shows to the court
that its mayor has heretofore caused be filed in
and the court, being fully advised in the premises
makes the following order herein, to-wit:
10 All Persons Whom 1t May Concern, Greeting:
Whereas. certified copy of an ordinance OF Kansas
CITY. Missouri, No. 1l02l approved the 18th day
TO grade kensington avenue from Independence ave-
nue. TO Smart avenue" by the mayor OF Kansas
City. Missouri. caused to be filed in the circuit
OF jackson county, Missouri, at Kansas City, and
the general object and nature OF said ordinance
the limits within which private property is benefited
by the proposed grading being stated and defined
therein and which said ordinance is substantially
follows. to-wit: < 10y
Be it ordained by the common council of Kansas
City:
Section 1. That Kensington avenue from Indepeid-
ehce avenue to Smart avenue shall be graded the
iul width thereof and to the established grade OF
the same.
Section 2. Entertainments or fills shall be made of
authorized may be protected from surface water by
temporary drains cuiverts put in the drec-
may deem necessary, and the same may be closed re-
moved or altered at will in accordance with the pro-
City. -
Section ,. 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 AUDITING property
reason. to construct wall or walls for the support
ana sustaining OF any part OF the street graded (which
proximate estimate for the making Of the improve
ment In the place OF the usual slope given to such
wall walls suitable for the purpose and require
the contractor to construct the same in accordance
approval and acceptance and the construction OF said
wall or wallis shall be deemed necessary part Of the
the cost thereof shall be estimated in and deemed
part OF the cost OF grading said its legally
accordingly. Provided however that the price to bs
paid the contractor for each and all the materials
wall or walls shall be fixed and determined by the
city engineer and shall under circumstances be IN
exec Of the actual cost Of such work. plus
aoe sum mot to exceed ten [l0l per centnm such
actual cost as profit the expenditure involved on
the part of the contractor.
Section 4. The work shall be paid for in special
TAX biiis against and upon the lands that may bs
CHARGED with the cost thereof. according to law,
to have done: but the passage this ordinance and
the doing of said work shall render Kansas city
otherwise than by the issue of special tax bills.
Section 8 Whereas private property may be dis
and provided for. and the owners thereof lawfully
entitled to remuneration damages under the con-
stitution OF this state and have not waived all right
claim thereto. it is ordered that proceedings to
ascertain and assess all such damages remunera-
ton be begun and carried and such
or damages ascertained and assessed 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
charged to pay such remuneration damages, to be
as follows. to-wit: Beginning at q point ON the
south line Of Smart 1876 feet west of the west
line OF Kensington avenue thence south and parallel
to the west line of Kensington to the north
line Of Independence avenue: thence east along the
north line of Independence avenue to point 1875 feet
east Of the east line Of Kensington avenue; thence
north and parallel to the east line Of Kensingon
nue. to the south line of Smart avenue: thence west
to the place Of beginning.
Section 6. All ordinances parts Of ordinances in
this ordinance hereby repealed.
Nov ,hsIetSre %, YOU and each Of you are hereby
day. and the courtroom Of division No. three co. Of
the circuit court Of jackson county. Missouri at
fixed by said for the ascertaining assessing
proposed grading. and that unless, before the
day before the day set for the hearing aforesaid
postponed or continued. you file with the clerk Of
said court your claim claims for damages, contain
aged. and the interest Of the claimant therein, YOU
each of shall be forever thereafter precluded
from making any cidlnls on account tnereot
And the court further orders that this order be
published in each Issue Of The Kansas City Journal
1.-THE newspaper doing the city printing! for days.
the insertion to be not than week pricr
to the day therein fixed for said hearing.
And the court further orders that a copy Of this
order be served. by the charter of said city pro-
vided. each and every resident OF the city in
terested herein.
l. H N. stones.rcet. clerk of the circuit court Of
jackson county. Missouri. hereby certify that the
foregoing is true and correct copy of the order made
by division No. three (sl, Of the circuit court OF
jackson county. Missouri. at Kansas City In the
Above entitled proceeding the 18th day Of March,
A. D. 1899 the appears OF record In my ONCE
Witness my hand and seal Of court this nth day Of
March, A. D. 1899.
fseeD H. NJ SToNESTREET. Clerk.
By j. S. CHASE, D. C. |
IN the circuit court of jackson county, Missouri at
Kansas City division No. three 90, No. 3SSl3.
In the matter OF the proceedings to ascertain and
sess damages and benefits arise from the proposed
grading of Oak street from Second ed Third