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

~ sHS t>e
at Kansas City, division No. four ~, case No. Si0s6.
In the matter of the proceeding to ascertain and as
posed grading of Tenth QOthl street from Belefon-
tame avenue to a point 409 feet east Of Benton boule-
der ordinance of said Kansas City. No. 1ozs6. approved
on the 1l,h day of August. A d. 1888, and entitled
IAN ordinance to grade 10th street from Bellefontains
avenue to a point 400 feet east of Benton boulevard
Now, on this the 10th day of December, A. D..
Missouri, at Kansas City. division number four "a.
comes Kansas City. Missouri, appearing by its as
sistant counselor. S. s. VIM. Esq. and shows to thu
court that its mayor has heretofore. caused to DO
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:
To All persons Whom 1t May Concern. Greeting:
Whereas. a certified copy of an ordinance of Kan
Ia Of August. A. D. 1885. 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 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
Be 1t Ordained by the Common Council OF Kansas
City.
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.
earth or rock, or both combined. The work herein
su.h0rised mans may De Or pt euiyeTts. fI pua in sar, under Td the d ~
rection Of the board OF public works, as the said
board may deem Necessary. ana vf me same scr may Ss
| with the provisions Of section 10 Of article lX., char
| ter of Kansas City.
Section 5. That whenever. when entertainments are
made, IL shall be necessary in the opinion Of the
| CITY engineer, by reason Of injunction proceedings or
proper objections on the part of AUDITING property
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
n r walls shall not have been included In the ap-
| nroximate estimate for the making Of the improve
mment,. in the place of the usual slope given to such
a.b,nLunapr the city engineer NAV design q plan
for a wall or walls suitable for the purpose, and re-
| quiro the contractor to construct the same In aceorc-
ance Herewith under his supervision and subject
to his approval and acceptance. and the construction
OF said wall or walls shall be deemed q necessary
nart of the work and improvement authorized IL ba
made and the cost thereof shall be estimated in and
deemed a part of the cost of grading said street to
y ,sr hills accordingly. Provided. however. that
the price to be paid the contractor for each and all
nj the materials furnished and for all labor done in
Cans,ructing such wall or walls shall be fixed and de-
ter,niued BY the city engineer. and shall unde. no
work, plus a reasonable sum mot to exceed ten Qo)
uer centum of such actual cost, as proht on the ex-
%penditure involved on the part Of the contractor.
Section 4. The work shall be paid for in special
tax bill. against and upon the lands that may be
charged with the cost thereof, according TO law.
which work the common council deems It necessary
IN have done; but the passage OF this ordinance and
The doing OF said work shall not render Kansas City
o mfe, + Sc than by the issue Of special tax bills.
section s. Whereas, private property may be dis
.,rbed ny damaged by the grading herein authorized
.unGe nrorided for, and the owners thereof lawfully
entitled 10 remuneration or damages under che CON
stltution of this state and nave not ~al,ea III r,shs
ascertain and assess all damages or remuneration be
begun and carried on. and such remuneration or dam
oces ascertained and assessed as provided In article
viii ~ the charter of said city, and the common
council prescribes and determines the limits within
which rr1yate property is benefited py the proposed
MnSu herein mentioned. and the limits within
Shich such property shall be assessed ana charged u
pay sueh s ae%unfr at a point on the east line Of
sellefontaine 1879 feet north of the north line o.
10th street; thence east and parailsi 10 me north
line of 10th street to a point 400 feet east OF Benton
boulevard: thence south to the center OF the alleJ
Immediately south o, 10Th $ street ,Ss . saen Sins west e., R al9n.
tontaine avenue; thence north to the place Of be-
ginning. ~ mart. a, or5,n.roo. .,
,onaIct herewith are insomuch as they conflict with
this ordinance hereby repealed.
ro,,fned that the 14th day of January. A. D. 1899. il
the day and the courtroom OF division No. four az o
nv. ~ oircrit court of Jackson county. Missouri, at Kan
I've ritv at the county court house in Kansas City
Iacrsnn county, Missouri. is the place hereby fixed b!
said court for the aseertaining and assessing OF dam
eradinr. and that unless on or before the day mex
before the day get for the hearing Aforesaid. or be
nnnsd or continued. you file with the clerk OF sai'
romrt YOUR claim or claims for damages. containin;
W. Jas.rintion of the property claimed to be damaged
= md thn interest Of the claimant therein. you AM
each OF YOU shall be forever thereafter preclude'
tron, malips any claims on account thereof.
and the court further orders that this order b
rnblished in each issue Of The Kansas City Journa
,,be nevspaper doing the CITY printnRl Tor ten Gays
the last insertion to be mot more than one wee1
prior to the day therein fixed for said hearing
~" II N S,nnestreet, clerk of the circuit court o
jackson county, Missouri. hereby certify that tn
foregoing is a true and correct copy OF the erde
ID hv division No. four ~ Of the circuit court o
Iacteon county, Missouri. at Kansas City. in tn
ohoye entitled proceeding on the 10th day OF Decen
her. A. D. 1898. as the same appears OF record In m
ONCE. .,- All. . d.
n."srher A. d. 1898. H. NJ. STONESTREET,
CSert Of the Circuit Court Of Jackson County. Mis-
sarr BY J. 8. CHASE.
ISaan Deputy Clerk.