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

LEGAL NOTICES.
Kansas City, division No. iOur "a. case No si0Ge.
In The matter Of the proceeding 10 ascertain and as
posed grazing Of the alley between Peery avenue and
Twelfth uzthj street from Be!ieionraine avenue to
Benton boulevard. in Kansas CITY. jackson county.
Missouri. under ordinance OF said Kansas City. No.
tsle, approved ca the End day Of June, A. D. isse.
tween Peery avenue and l2th street from BeI!eiol-
tame avenue u Benton boulevard" Now. on this
the 10Th day OF December, a. ID. lsss. in this the
circuit court Of jackson county, Missouri, at Kansas
CITY. division number -FOUR 80, comes Kansas City,
Missouri, appearing by its assistant counselor. S. :.
VIM. Esq, and shows 10 the court that It's mayor
has heretofore caused TO be hled in this court q GER
tined copy Of aforesaid ordinance. and the court.
being fully advised in the premises, makes the fol-
lowing order herein. to-wit:
To All Persons Whom 1t Hay Concern. Greeting:
Where's, = certified copy of an ordinance Of Kan
sas City. Missouri. No. ssls. approved on the 2ad
Gay Of June. 4. D. 1885, and entitled An ordinance
street from Dellef0Etaine avenue TO Benton bouIe-
ward" was b. the mayor Of Kansas City. Missouri.
caused 10 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
to-wIt:
BE 1t Ordained by the Common Council c; Kansas
Section l. That the alley between Peery avenue
and 18th street from BellefoRtaine avenue to Benton
boulevard shall be graded the full, width thereof and
10 the established grade Of the same.
Section :. Embsnkments 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 culye!ts. put in under the d.
Tection o. the board OF public works. as the said
board may deem necessary. and the same NAV be
closed. removed or altered at will. in accordance
with the provisions Of section I3 Of article TX, char
ter Of Kansas City.
Section ,. That whenever. when entertainments are
made. u shall be necessary in the opinion Of the
city engineer, by reason Of injunction proceedings or
proper objections on the part Of sbuttIag properly
owners. or for any similar good and sufficient reason.
m f-urf a wall ~ aaFra - - -
tanning Of any part Of the street graded (Which wall
or walls shall not have been included in the ap-
pro1imate estimate fog the making of the improve
nenD, in the place Of TIE usual slope given to such
eno1nkment, the city engineer may design a plan
Tor a wall or walls suitable for the purpose. and re-
euiro te contractor TO construct the same in accord
anos thereEith under his supervision AID subject
oil 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 and Ill
o: the materials furnished and for all labor done in
constructing such wall or walls shall be axed and de-
termined by the city engineer. and shall under no
circumstances be in excess Of the actual cost Of tuch
work, plus c reasonable sum mot to exceed ten Q)
per centum Of such actual cosu. as profit on the ex-
pencituTe involved on the part Of the contractor.
Section l. The work shall be paid for in special
tar bills against and upon tn. lands that may be
charged with the cost thereof. according TO Law.
which work the common council deems IL necessary
20 have done; but the passage Of this ordinance and
N- eDAAs Y Hd4u NUEh hl1At not EclQGf Kansas IlTF
liable TO pay Tor such work. or any part thereof,
otherwise than by the issue Of special tax bills.
Section ;. Whereas. private property may he dis
turhed or damaged by the grading herein authorised
and provided fo-. and the owners thereos lawfully
entitled To remuneration or damages under the con-
stitution Of this state and have not waived all rignt
or claim thereto. IL is ordered that proceedings TO
ascertain and assess all damages or remuneration be
begun and carried on. and such remuneration CT darn
ages ascertained and assessed as provided n article
VII. Of the charter OF said city. and the common
council pressribes and determines the limits within
which private property is benefited by ,he DroDossd
grading herein mentioned, and the limits within
pay such remuneration or damages. TO he as follows,
to-wit: Beginning Al the southeast corner Of Belle
fontaine avenue and Peery avenue; thence east along
the south line OF Peery avenue TO the west line Of
Benton boulevard: thence south along the west line
OF Benton boulevard 10 the north line OF 18th street:
the east line OF Beiiefontsiae avenue: thence north
along the east line Of BeIlefontaine avenue to the
place OF beginning.
Section 6. All ordinances or parts Of ordinances in
conflict herewith are insolnuch as they conflict with
this ordinance hereby repealed.
Sos. therefore, you and each OF you are hereby
notified that the 18th day Of January, a. d. 1899. IS
the day and the courtroom Of division No. four az Of
the circuit court OF Jackson county, Missouri. az Kan
tas City. at the county court house in kansas Citv,
jackson county. Missouri. is the place hereby fixed by
raid court for the zscertaiuiag and assessing Of lam
ages and benefits that may arise from said proposed
grading. and that unless on CT before the day next
before the day set for the hearing aforesaid. or be-
fore the day to which said cause may have been post
ponec or continued. you file with the clerk Of said
cour. 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
from making ary claims on account thereof.
And the court further orders that this order be
published in each issue of The Kansas City Journal
1.-THE newspaper doing the city printing for ten days,
the last insertion 10 be not more than one week
prior to the aay therein Fixed for said hearing.
L. H NJ Stonestreet, clerk Of the circuit c5urt Of
jackson county, Missouri, hereby certify that the
foregoing is a true and correct copy OF the order
made By division NJ. four "a of the circuit court Of
jackson county, Missouri. at Kansas City. in the
above entitled preceding on the 10Th day Of Deem
Der. A D.. 1855. as the same appears Of record in nv
of1ce.
Witness my hand and seal Of court this cath day OF
December. 4 ID. lgs- H ~. ST~0NESTREET.
Clerk Of the Circuit Court OF Jackson County. Mis-
souri,. By J. S. CHASE.
Osean Deputy Clerk.