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 a.. case No. 34o5s.
In the matter Of the proceeding to ASCERTAIN and as
sess damages and benefits to arise from the proposed
grading Of the east and west alley. and the north
and south alley, in the block between Twelfth Q2th)
street and Thirteenth GSthj street and Lydia avenue
and Grove street, in Kansas City, Jackson county.
Missouri, under ordinance OF said' Kansas City, No.
1925. approved on the 10th day Of April, A. D. 1888.
and entitled AN ordinance to grade the east and
west alley and north and south alley in the block
avenue and Grove street." Now, on this the 10th
day of December. A.. D.. isss, 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, ESD.
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
advised in the premises. makes the following order
To All Persons Whom 1t May Concern. Greeting:
w1 Tite M i serrihe So copy sSss 81 snnr U,Slsan nn t Oh ran IAN
day Of April, A. d. 1sss. 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, was by
the mayor Of Kansas City. Missouri. caused to be
at Kansas City and the general object and nature OF
said ordinance and tho 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
City.
Section L. That the east and west alley and tho
north and south alley in the block between 18th
street and 18th street and lydia avenue and Grove
street 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 di-
rection 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 10 of article TX, char
ter of Kansas City.
Section 8. That whenever, when embankments arc
made, it shall be necessary, III the opinion OF the
city engineer. by reason Of injunction proceedings or
proper objections on the part of abuttins property
p,pa n - fnr nny. strntIo rood and suHiciaot ransom
to construct a wall or walls ff the support and sus-.
tanning OF am part of the street graded (which wall
proximate estimate for the making OF the improve
meno. in the place of the usual slope given to such
embankment. the city engineer may design a plan
for a wall or walls suitable for the purpose. and re-
quire the contractor to construct the same in accord
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
deemed a part of the cost of grading said street 10
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 ana, all
of the materials furnished and for all labor done in
constructing such wall or walls shall be fixed AMI de-
ternined by tho city engineer, and shall under no
circumstances be in excess of the actual cost of Ercn
work. Plus a reasonable sum mot to exceed ten On
per centum of such actual cost. as profit on the ex-
%penditure involved on the part of the contractor.
section =, tne s %o5S Tmai the pe h snds it N special
charged with the. cost thereof: accordin; to law.
which work the common council deems Il necessary
l v HsNe 9ohc, bos 40 eNae Vi tAAo 'i''hoHt dhu
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 5. Whereas. private property may be dis
turbed or damaged by the grading herein authorized
entitled 70 remuneration or damages under the con-
stitution OF this state and have not waived all right
or claim thereto. 1t is ordered that proceedings to
ascertain and aasess all damages or remuneration be
begun and carried on. and such remuneration CT cam-
ages a g IT.. red and a. a,ss ss;s c as provided srS ID. IN 1 article
council prescribes and determines the limits within
which pirate property is benefited by the proposed
grading herein mentioned. and tbs 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 sauth along 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.
conflict herewith are insomrch as they conflict with
this ordinance hereby repealed.
Now. therefore. you and each OF vou are hereby
notified that the 14th day Of January. a. .. 1889. is
the day and the courtroom Of division No. four "a Of
sas city, at the county court house in Kansas Civ.
Jackson county. Missouri, is the place hereby fixed by
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 he
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 Tor damages, containing
and the interest Of the claimant therein, you and
each Of you shall be forever thereafter precluded
from making any claims on account thereof.
And the court further orders that this order be
publishel in each issue OF The Kansas City journal
nhe newspaper doing the city printing, for ten DAYS.
the last Insertion to be not more than one week
nrior to the DAY therein fixed for said hearing.
II II. NJ. Stonestreet, clerk of the circuit court OF
Jackson county. Missouri. hereby certify that thu
FOREGOING is a true and correct copy of the order
wade nv division No. four "a of the circuit court of
Jackson county. Missouri. ct Kansas City. in III.
above entitled proceeding on the 10Th day OF Decem-
Der. A. D. 1928. as the same appears of record in nv
office.
witness my hand and seal Of court this 9Th iav OF
December, A. u. 1898. Fl. NJ. sToNEsTREET.
Clerk of the Circuit Court of jackson Cnratv, Mis-
souri,. BY j. 5. CHASE.
tseaD Deruty Clerk.