Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1899-01-03

IN ne circuit court OF Jackson county,. Missouri. At
Kansas City. division No. three 80, case No. s407s.
In the matter of the procedures to ascertain and
assess damages and benefits to arise from the Pro
posed grading Of the alley between Cherry street
and Holmes street from Twelfth CethJ street TO Thir-
teenth dsthl street. in Kansas City. jackson county.
Missouri, under ordinance Of said Kansas City. Mis-
sour; No; ssi5. approved on the 18th day OF June,
A D. 1888. and entitled AN ordinance to grad.
the alley between Cherry and Holmes from 18th to
18th street. Now. on this. the 9th day Of December.
A D. lsss. in this, the circuit court OF Jackson
county, Missouri. at Kansas City. division number
three ~, comes Kansas City, Missouri. appearing by
its assistant counselor. S. s. VIM. Esq. and shows
TO the court that its mayor has heretofore caused TO
be filed in this court q certified copy Of the aforesaid
ordinance. and the court. being fully advised in the
premises. makes the following order herein. to-wit:
To All Persons Whom 1t May Concern. Greeting:
Mhsress, a certihed copy OF an ordinance Of Kan
day CT June. A. D. 1885. and entitled AN ordinance
TO grade the alley between Cherry and Holmes from
City, Missouri, caused to bs filed in the circuit court
OF jackson county, Missouri, at Kansas City. and
the general object and nature of said ordinance and
the limits within which private property is benefited
by the proposed grading being stated and defined
therein. and which said ordinance is substantially
as follows. to-wit:
Be it ordained by the common council OF Kansas City.
Section L That the alley between Holmes street
shall be graded the full width thereof anu to the
established grade of the same.
section 2 Embankments or fills shall be made Of
earth or rock. or both combined. The work herein
authorized may be protected from surface water by
direction Of the beard Of public works, as the said
board may deem necessary. and the same NAV be
SlISEu- SEuON u A. Will. n ACCORDANCE
with the provisions OF section u OF article IX.. char
ter Of Kansas City.
Section ;. That whenever. when entertainments are
made. it shall be necessary. IN the opinion Of the
city engineer, b. reason Of injunction Proceedings or
owners. or for any other similar good and sufficient
reason, to construct a wall Or walls for the SUPPORT
(which wall or walls shall not have been included in
the approximate estimate for the making OF the i'm
proyementl. IN the Place Of the usual slope given to
such embsnkment. the city engineer may design a
plan fer 4 wall CT walls suitable for the purpose.
and REQUIRE the contractor to construct the same IN
accordance Herewith. under his supervision and sub
1ect 10 his approval and acceptance, and the con-
struction o. said wall or walls shall be deemed a
necessary part OF the work and improvement author
lied 10 be made. and the cost thereof shall be esti-
mated in and deemed a part Of the cost OF grazing
SAID street to It's legally established grade. and be
paid for in special tax bills accordingly. Provided.
however. that the price to be paid the contractor for
each and all Of the materials furnished and for all
labor done in constructing such wall or wais shall
be fixed and determined by the city engineer. and
shall under no circumstances be in excess Of the
actual cost Of such work. plus a reasonable sum tnot
to exceed ten Q0l per centam CT such actual cost, as
proa; on the expenditure involved on TIE part OF the
contractor.
Section 4. The work shall be paid for in special
tax bills against and upon the lands that may p.
charged with the cast thereof. according to law.
which work the common council deems 1t 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.
otherwise than by the issue of special tax bills,
Section 8. Whereas. private property may be dis
turbed or damaged by the grading herein authorized
titled to remuneration or damages under the consti-
tuition OF this state and have not waived all right
or claim thereto. it Is ordered that proceedings to
ascertain and assess all such damages or remunera-
ton be begun and carried on. and such remunera-
ton or damages ascertained and assessed, as pro-
vtded in article Will, 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 lin
its within which such property shall be assessed and
charged to pay such remuneration or damages, to be
ner Of 18th street and cherry street. thence east
along the south line of 18th street to the west line
Of Holmes street tc the north line Of 18th street,
thence west along the north line Of 18th street to
the east line of Cherry street to the place CT be-
ginning.
Section 6. All ordinances or parts Of ordinances in
conflict herewith are. tnsonuch as they conflict with
this ordinance, hereby repealed.
notiied that the 18th day OF January. \. D, 1893 Is
the day, and the courtroom OF division No. three Cl
Kansas City. at the county court house in Kansas
City, Jackson county. Missouri. is the Place hereby
of damages and benefits that may arise from said
proposed grading. ami that unless on or before the
day next before the day set for the hear
said cause may have been postponed or con-
tinued, 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 in
terest Of the claimant therein. you and each of YOU
shall be forever thereafter p~reclude4 from making
any claim on account thereof.
The court further orders that this order be pub
lished in each issue OF The Naasas City Journal uhe
newspaper doing ;he city printing! for ten days. the
last insertion to be not more than one week prior
to the day therein fixed for sail hearing.
l. II. N. 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. three (5i, OF the circuit court
OF jackson county. Missouri. at Kansas City. in the
above entitled proceeding on the 9th day OF Decem-
Der, A. D. 1888, as the same appears of record in
Office.
Witness my hand and seal of court this ed day of
December, A. D. 1895.
ISean II. NJ. STONESTREET,
Clerk Of the Circuit Court Of Jackson County, Mo.
BY J. s. CHASE, Depury Clerk