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

IN the circuit court of jackson county. Missouri,
at Kansas City. division No. four "a. case No. ai05s.
sess damages and benefits to arise from the proposed
grading OF the east and west alley. and the north
street and Thirteenth Q3th) street and Lydia avenue
and Grove street. in Kansas City, jackson county
Missouri. under ordinances OF said Kansas City. No.
1926, approved on the 10th day Of April. A. D. 1888.
and entitled IAN ordinance to grade the east and
west alley and north and south alley in the block
between 18th street and Thirteenth street and Lydia
avenue and Grove street." Now, on this the 10th
day of December. A. d. 1888. in this the circuit
court OF Jackson county, Missouri. at Kansas City.
division number four ~. comes Kansas City, appear
ing by its assistant counselor. S. S. VIM. Esq.
and shows to the court that its mayor has hereto
fore caused to be filed in this court a certified copy
Of the aforesaid ordinance. and the court. being fully
herein, to-wit:
To Ali Persons Whom 1t May Concern. Greeting:
Whereas. a certified copy of an ordinance of Kan
day of April, A. D. 1888. and entitled IAN ordinance
alley in the block between 18th street and Thirteenth
street and Lydia avenue and Grove street." was by
the mayor Of Kansas City. Missouri. caused to be
at Kansas City. and the general object and nature OF
said ordinance and the limits within which private
property is berehted by the proposed grading being
stated and defined therein and which said ordinance
is substantially as follows, to-wit:
Be 1t Ordained by the Common Council Of Kansas
Section i. That the east and west alley and tho
street and 18th street and Lydia avenue and Grove
street shall be graded the full width thereof and to
the ESTABLISHED Htdue Oh II sdlue.
Section q. 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.
rection of the board of public works, as the said
closed. removed or altered at will. in accordance
with the provisions Of section 10 Of article TX. char
ter OF Kansas City.
Section ;. That whenever. when embellishments are
made. 1t shall be necessary in the opinion Of the
city ensineer. by reason OF Injunction Proceedings or
owners, or for any similar good and sufficient reason.
to construct a wall or wallis for the support and sus-
tanning Of any part oflthe street graded (which wall
or walls shall not havs been included in the APP
prerimate estimate for the making Of the improve
ment), in the place Of the usual slope given to such
embankment, the city engineer may design q plan
for a wall or walls suitable for the purpose. and re-
quire the contractor to construct the same in accord
ance Herewith under his supervision and subject
to 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
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 ali
| Of the materials furnished and for all labor done in
constructing such wall or walls shall be fixed and de-
termined by tho city engineer, and shall under no
circumstances be In excess Of the actual cost Of such
work. plus q reasonable sum mot 10 exceed ten 90
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
| tax bills against and upon the lands that may be
charged with the cost thereof. according 10 law.
! which work the common council deems it necessary
to have done; but the passage of this ordinance aud
the COlnR o odiu Olh III v IcEueT hlnS9S CITY
liable TO pay for such work. or any part thereof.
| otherwise than by the issue of special tax bills.
turbei or damaged by the grading herein authorized
and provided for, and the owners thereof lawfully
entitled to remuneration or damages under che con-
%stitution Of this state and have not waived all right
or claim thereto. 1t Is ordered that proceedings to
begun and carried on. and such remuneration or dGni-
ages ascertained and assessed as provided n article
VIII. Of the charter a,s Of ,s said city city: al, and the Common
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 or damages, to be as follows,
to-wit: beginning at the southeast corner of 18th
street and Lydia avenue; thence east along the south
line OF 18th street to the west line Of Grove street:
thence south alang the west line OF Grove street to
| the north line of 18th street; thence west along the
north line Of 18th street to the east line of Lydia
avenue; thence north 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.
notified that tho 14th day of January. 4. D. 1893 4,
the day and the courtroom OF division Nc. four al NJ
| III. circuit court Of Jackson county, Missouri. at K,n.
ga. CITY, at the county court house in Kansas CITY
| Jackson county. Missouri. is the place hereby fixed by
raid court for the ascertalning and assessing of dam
| ages and benefits that may arise from said proposed
| grading. and that unless on or before the day next
| before the day set for the hearing aforesaid, or be-.
fore the day to which said cause may have been po,t.
, poned or continued. you file with the clerk of said
| court your claim or claims for damages. containing
a 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
i from making any Claims on account thereof.
And the court further orders that this order n.
| published in each issue of The Kansas City Journal
| the 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.
L H.. NJ. Stonestreet. clerk of the circuit court Of
Jackson county. Missouri. hereby certify that tho
foregoing is a true and correct copy of the order
Jackson county. Missouri. at Kansas City, in tn.
| above entitled proceeding on the 10th day Of Decem-
Der. A. D. 1888. as.the same appears of record in my
office.
witness my hand and seal Of court this 18th day az
| December. A.. D. 1896. n. NJ. sToNEsTREET,
| Clerk Of the Circuit Court Of Jackson County, Mis-.
souri,, BY ]. s. CHASE.
(SeaD Deputy Clerk-