Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1899-01-09
LEGAL NOTICES.

II ths circuit courl OF jackson county. Missouri. at
Kansas City. division No. iour "a. case No. 34Oso-
In The matter Of the proceeding To ascertain and as-
sess damages and benefits TO arise from the pro,
posed grading OF the alley between Peery avenue ana
Twelfth G2tAJ street from Belleiontaine avenue 70
Benton boulevard. in Kansas City. Jackson county,
Missouri, under ordinance Of said Kansas City, 40.
tsl9, approved On the md day OF June, A y. 1874
and entitled AN ordinance 10 grade the alley De-
tween Peery avenue ana 18th street from Belieion-
taine avenue 10 Benton boulevard NOW. on tnis
the 10Th day OF December. A. D: 1855. In TINS ths
City. division number four "a. comes Kansas City.
Missouri. appearing by its assistant counselor. 5. :.
has heretofore caused TO be fled in this court q GER
tihed copy CT aforesaid ordinance. and the court,
being fully advised in the premises. makes tns 'o-
lowing order herein. to-wit:
To All Persons Whom 1t May Concern. Greeting:
es City. Missouri. No. 9sls. approved on the end
day of June. A d. lass. and entitled AN ordinance
10 grade the alley between Peery avenue and Eth
street from Bellefontaine avenue TO Benton oouie-
ward" was by the mayor OF kansas City. Missouri.
caused to be filed in the circuit court OF jackson
county. Missouri. at kansas City. and the general
object and nature OF said ordinance and tho limits
proposed grading being stated and defined therein
and which said ordinance is substantially as follows.
to-vit:
Be 1t Ordained by the Common Council Of Kansas
City.
Section !. That the alley between Peery avenue
and eth street from Bellefontaine avenue TO Benton
boulevard shall be graded the full width thereof and
70 the established grade Of the same.
Section :. Entertainments or Oils shall be made Of
earth or rock. or both combined. The work herein
SttnOFlZe1 may be protected from surface water py
temporary drains or culverts. put in under the d.
reetion o: the board OF public works. as the said
olosed. Removed or altered at will, in accordance
with TIE provisions Of section Ii Of article TX, char
ter of Kansas city.
Section !. That whenever. when entertainments are
made, 10 shall be necessary in the opinion of the
city engineer, by reason Of Injunction proceedings or
proper onlections on the part OF abutting properly
owners, or for any similar good and sufficient reason,
tanning Of any part OF the street graded (Which wall
or walls shall not have been included In the ap-
pronimsts estimate for the making OF the improve
nenp. In tho place of the usual slope given to such
embankment, the city engineer may design 4 plan
for g wall or walls guitable for the purpose. and re-
quiro the contractor to construct the same IN accord
snce Herewith under his supervision and subject
10 his approval and acceptance. and the construction
OF said Wall or walls shall be deemed a necessary
part Of the work and improvement authorized TO be
made. and the cost thereof shall be estimated in and
deemed 2 part OF the cost OF grading said street TO
its legally established grade. and be paid for in spe-
eiai tax bills accordingly. Provided. however. that
the price TO be paid the contractor for each and I'll
Of the materials furnished and for all labor done in
constructing such wall or walls shall be fixed and de-
circumstances be in excess of the actual cost of tuch
work. plus a reasonable sum (not to exceed ten dl
per centum OF such actual cost, as profit on ths er-
penditure involved on the part Of the contractor.
Section 4. 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
20 have done: but the passage Of this ordinance and
the doing of said work shall not render Kansas City
liable to pay for such work. or any part thereof.
otherwise than by the issue OF special tax bills.
Section G: 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 ths con-
stitution of this state and have not waived all right
or claim thereto. It is ordered that proceedings to
ascertain and assess all damages or remuneration be
begun and carried on. and such remuneration or dam
ages ascertained and assessed az provided in article
VIII. of the charter of said city. and the common
council Pescribes and determines the limits within
which private property is benefited by the proposed
which ouch property shall be assessed and charged to
pay such remuneration or damages, to he as follows.
fO-Wit. BEGINNING at the southeast c0rner Of Relle-
fontains avenue and Peery avenue: thence east along
Benton boulevard; thence south along the west line
Of Benton boulevard to the north line Of Eth street;
me west a,eng me north Inc Of Eth street to
along the east line OF Beiiefontaine avenue to the
place of beginning.
Section 6. All ordinances or parts of ordinances in
conflict herewith are insomuch as they conflict with
this ordinance hereby repealed.
Now, therefore, you and each Of you are hereby
notified that this 18th day Of January. a. D.. 1899. is
the day and the courtroom OF division No. four 20 of
the circuit court OF Jackson county Missouri, at Kan.
Ias 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 DAM
ages and benefits that may arise from said proposed
grading. and that unless on or before the day next
fore the day to which said cause may have been post
poned or continued. you file with the clerk OF said
q description Of the property claimed to be damaged,
and the interest Of the claimant therein. you and
from making any claims on account thereof.
And the court further orders that this order be
ruDnsuru IN tacu issu OF Inc Kansas City journal
1.-THE newspaper doing the city printing! for ten dsys.
the last insertion to be not more than one week
prior to the day therein fixed for said hearing.
l. H. 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. four 20 Of the circuit court Of
1ackson county. Missouri, at Kansas City, IN ne
above entitled proceeding on the 10th day Of Decem.
her. A. ID. 1Sss. as the same appears OF record IN INV
ofFre. NY
Witness my hand and seal Of court this 2Ith dav of
December, A. n. 1895, n M STONrcrprTr
CLERK OF the Circuit Court Of jackson County. Mis.
fohri; By J. s. CHASE.
"eap Deputy Clerk.