Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1899-01-05


IN the circuit court OF jackson county. Missouri. at
hansaA City, division No. four "a, case No.. 3i06b.
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 and
Twelfth Ii2thJ street from BelleiOutaine avenue TO
Benton boulevard, in Kansas City, jackson county,
Missouri. under ordinance OF said Kansas City, No.
*ls. approved en- the md day Of June. A. D. 1855,
sno entitled An ordinance to grade the alley be-
tween Peery avenue and 18th street from Bellefon-
tame avenue TO Benton boulevard Now. on this
The lOth day of December, A. D.. 1895. in this the
circuit court of jackson county. Missouri. at Kansas
City. division number four IA. comes Kansas City.
Missouri. appearing by its assistant counselor. S. 8
Wlnn. Esq, and shows 10 the court that its mayor
~ heretofore caused 10 be fled in this court a GER
ehed copy Of aforesaid ordinance, and the court
peing fuily advised in the premises. makes the fol-
lowing order herein. to-wit:
To All Persons Whom 1t May Concern. Greeting:
whereas. a certified copy of an ordinance OF Kan
ss CITY. Missouri. No. ssls. approved on the md
70 grade the alley between Peery avenue and 12th
street from Bellefontaine avenue to Benton bouie-
sNa. was by the mayor Of Kansas City, Missouri.
caused 70 be filed in the circuit court of Jackson
county, Missouri, at Kansas City, and the general
on,ect ana nature Of said ordinance and the limits
"itEin which private property is benefited by the
proposed grading being stated and defined therein
and which said ordinance is substantially as follows.
BE 1t Ordained by the Common Council of Kansas
City.
ana Eth street from Beilefontaine avenue to Benton
boulevard shall be graded the full width thereof and
70 the established grade OF the same.
Section ?. E-mbankments 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 culyerts. put in under the d.
Terfion 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 ID OF article IX.. char
ter OF Kansas City.
Section ;. That whenever. when embankments are
made, It shall be necessary in the opinion Of the
city engineer, by reason of injunction proceedings or
proper OBJECTIONS on the part of abutting properly
owners. or for any similar good and sufficient reason.
to construct 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-
proIimate estimate for the making of the improve
nen). In the place Of the usual slope given to such
embsnkment. the city engineer may design a plan
for a wall or walls suitable for the purpose, and re-
quiro the contractor to construct the same in accord
ance Herewith under his supervision and subject
10 his approval ana acceptance. and the construction
Of said wall or walls shall he deemed a necessary
part OF the work and improvement authorized to he
made. and the cost thereof shall be estimated in and
deemed n part of the cost Of grading said street to
Its legally established grade. and be paid for in spe-
cial 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-
termined by the city engineer. and shall under no
circumstances be in excess of the actual cost Of buch
work, plus e reasonable sum mot to exceed ten G0l
per centum of such actual cost. as profit on the ex-
penditure involved on the part of the contractor.
Section 4. The work shall be paid for in special
tag bills against and upon the lands that may be
which work the common council deems IT necessary
TO 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,
stherwise than by the issue of special tax bills.
Section 3. Whereas. private property may be dis
turbed or damaged by the grading herein authorised
and provided for, and the owners thereof lawfully
entitled 10 remuneration or damages under the con-
stitution of this state and have not waived all right
or 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 ascertained and ASSESSED as 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 I!rits within
which ouch property shall be assessed ana charged to
pay such remuneration or damages. to he as 1ollows,
to-wit: Beginning at the southeast corner Of Belle
fontaine avenue and Peery avenue; thence east along
the south line of Peery avenue TO the west line OF
Benton boulevard: thence south along the west line
Of Benton boulevard to the north line OF 18th street:
thence west along the north line of 18TH street to
the east line Of Bellefontaine avenue: thence north
along the east line Of Beilefontaine 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 the 18th day of January. a. d. 1899. is
the day and the courtroom OF division No. four "a Of
the circuit court of jackson county. Missouri. at Kan
sss City. at the county court house in Kansas City.
jackson county. Missouri, is the place hereby hxed by
said court for the aseertaining and assessing OF dam
ages and benefits that may arise from said proposed
before the day act for the hearing aforesaid, or be-
fore the day to which said cause may have been post
poned or continued, you file with the clerk OF said
court your claim or claims for damages. containing
q description of the property claimed to be damaged.
and the interest Of the claimant therein. you and
each OF YOU shall be forever thereafter precluded
from making any claims on account thereof.
published in each issue Of The Kansas City Journal
uhe newspaper doing the city printing! for ten DAYS,
the last insertion to be not more than one week
prior to the day therein fixed for said hearing. D.,
J. 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 az OF the circuit court Of
jackson county. Missouri. at Kansas City. in the
above entitled proceeding on the 10th day OF Decem-
Der. A. d. 1888. as the same appears Of record In my
cfhce.
Witness my hand and seal of court this cath day of
December. A. u. 1888. II. N. STONESTREET.
Clerk OF the Circuit Court OF jackson County. Mis-
souri,. By J. S. CHASE.
tseaD Deputy Clerk.