Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1899-01-08

IN the circuit court Of Jackson county, Missouri.
at Kansas City. division No. four ~. case No. s4cs6.
sess damages and benefits to arise from the pro-
posed grading OF Tenth Doth street from Bellefon-
tame avenue to q point 400 feet east Of Benton boule-
ward. in Kansas City. Jackson county. Missouri. un-
der ordinance of said Kansas City, No. 10as6, approved
AN ordinance to grade 10th street from Belletontains
avenue TO a point 400 feet east OF Benton boulevard
1888. in this the circuit court of Jackson county.
Missouri. at Kansas City, division number four "a.
comes Kansas city Missouri 70; appearing by its as.
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:
10 All persons Whom 1t May Concern. Greeting:
Whereas, a certified copy of an ordinance OF Kan
sas City, Missouri, No. i02sS, approved on the 18th
day of August, A. d. 1895. and entitled IAN ordi-
nance to grade 10th street from Bellefontaine avenue
to a point 400 feet east of Benton boulevard was
by the mayor of Kansas City, Missouri. caused to be
filed in tie circuit court of jackson county, Missouri.
Of said ordinance and the limits within which private
stated and defined therein and which said ordinance
is substantially as follows. to-wit:
Be 1t Ordained by the Common Council OF Kansas
Section l. That 10th street. from BelIefontaine
avenue to a point 400 feet east OF Benton boule-
ward, shall be graded the full width thereof and to
the established grade Of the same.
Section 2. 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 culverts. put in under the d.
rpctiOu of the board OF PUBIC WOrkS, as Inc SAID
board may deem necessary. and the same may be
closed, removed or altered at will. in accordance
with the provisions Of section Is Of article TX, char
ter Of Kansas City.
Section 3. That whenever. when entertainments 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 property
owners, or for any similar good and sufficient reason.
TO construct a wall or walls for the support and sus-
toininy of any part Of the street graded (which wall
or walls shall not have been included in the APP
nroyimate estimate for the making Of the improve
mentl. in the place of the usual slope given to such
enbankment, the city engineer may design q plan
for a wall or walls suitable for the purpose. and re-
n,,re tho contractor to construct the same in Accord
snce herewith under his supervision and subject
~ his anuToyaI and acceptance, and the construction
~ ~ said wall or walls shall be deemed q necessary
mart Of the work and improvement authorized T., be
made. and the cost thereof shall Do estimated IN and
its legally established grade. and be paid for In spe-
cial tax bills accordingly. Provided, however. that
INC nrice to be paid the contractor for each and all
NJ the materials furnished and for all labor done in
constructing such wall or wallis shall be nxed and de-
circumstances be in excess of the actual cost Of such
Work. plus a reasonable sum mot to exceed ten uO
nor centum Of such actual cost, as profit on tho s1-
p ps involved on the part of the contractor.
Section l.. The work shall be paid for in special
tax bills against and upon the LANDS as,. 1nat may be
which work the common council deems It necessary
to have done; but the passage go OF - this ordinance and and
iiatle to pay for such work. or any part thereof,
a,heryise than by the issue of special tax bills.
c,c.;on f. Whereas, private property may DO dis
.rrbed or damaged by the grading herein authorized
and provided for. and the owners thereof lawfully
arti,led to remuneration or damages under che con-
e,i,"tion :, this state and have not waived ali rish:
W claim thereto. it is ordered that proceedings to
oscar,ain and assess all damages or remuneration be
t,.,,n and carried on, and such remuneration or DAM
,,s. .srertsined and assessed as provi1ed In article
o Will, . 1 ,re IL and determines the limits within
EhicI, rr,yate property is benefited by the proposed
grading herein mentioned. and tns limits within
nav such remuneration or damages. 70 ne as .oilows.
1911 r. nlrth ny fhp nrf lima n
rn,b street; thence east and parallel to the north
live live NJ 10th street to a point 4GS feet east Of Benton
ham,ovard. thence south to the center of the alley
.wmsdi,telv south Of 10th street; thence west along
me center of said alley to the east line Of Belle
fonteine avenue; thence north 10 the place OF be-
si son,isn 6. All ordinances or parts of ordinances In
conflict herewith are insomnch as they conflict with
This ordinance hereby repealed.
In" S,w therefore. you and each Of you are hereby
...;1ol that the 1ith day OF January, A. ID. 1s59. is
M, H. dav and the courtroom of division 40. four "a Of
~. circuit court Of Jackson county. Missouri. at Kan
.as city. at tn. county court house in Kansas City.
s,i5 court for the pscertaining and assessing OF dam
aces and benefits that may arise from said proposed
eTading. and that unless on or before the day next
sasora the day get for the hearing aforesaid. or be-
fore the lay to which said cause may have been post
rnn,d or continued. you file with the clerk of said
a ut, your claim or claims for damages. containing
. SIss,rirtion of the property claimed to be damaged,
.rd the interest OF the clsimant therein. you and
ny nv, NJ YOU shall be forever thereafter precluded
sro-n raxing any claims on account thereof.
,nd the court further orders that this order be
,.s,Is,eh in each issue of The Kansas City Journal
en- nrwsraper doing the city printing! for ten days.
he last insertion TO be not more than one week
IL To- IN .be day therein fixed for said hearing.
pr" II. NJ. S.onestreet. clerk Of the circuit court OF
r,crson county. Missouri. hereby certify that the
s.rssoinr is a true and correct copy OF the order
r,a5c nv division No. four ~ Of the circuit court OF
Iaokson county. Missouri. at Kansas City. in the
.sora entitled proceeding on the 10Th day Of D.cem-
her. A.. D.. 1898. as the same appears Of record in my
office.
D.o.mhsr. d. 1893. II. NJ. STONESTREET
Clerk Of the Circuit Court Of Jackson County. Mis-.
sauri. ii By J. s, CHASE. /
(SeaD Deputy Clerk.