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. three C5l. case Nc; S4oos;
In the matter of this proceedings TO ascertain and
assess damages and benefits to arise from the pro-
posed grading of Vine street from Thirty-ftrst C3ist)
street to thirty-ifth tS5th) street or Hoffman avenue,
In Kansas City. Jackson county: Missouri, under or
dinanee of said Kansas City. Missouri. No; es5i APP
titled IAN ordinance to grade Vine street from
sist street to S5th street or Hoffman avenue Now
this, the circuit ceurt Of jackson county. Missouri,
at Kansas City. division number three Gt. comes
s sansas oi's :. a y %ina, appearing Esa'f and p shows aT to the
court that its mayor has heretofore caused to be filed
nance. and the court. being fully advised in the
premises. makes the following order herein. tori.:
Whereas. a certified copy of an ordinance OF Kan
sas City. Missouri. No. ss5i, approved on the nth
to grade Vine street from s1st street to aath street
or Hoffman avenue was by the mayor Of Kansas
court of Jackson county. Missouri. at Kansas City.
and the general object and nature of said ordinance
benefited by the proposed grading being stated and
defined therein; and which said ordinance is sub
Be it ordained by the COMMON council OF Kansas City.
Section l. That Vine street from .5ist street 10
35th street or Hoffman avenue shall be graded the
full width thereof and to the established grade of
the same.
earth or rock, or both combined. The work herein
authorized may be protected from surface water by
direction Of the board Of public works. as the said
board may deem necessary. and the same may be
Cioscu- removed or SiteTen II Will, III accuTuduCe
with the provisions OF section u of article IN. char
ter of Kansas City.
made. it shall be necessary. in the opinion Of the
city engineer, by reason Of injunction proceedings or
p ps1nss 0 OF foT any On o,h ses . hnlh or goo. opa' ana SUFFICIENT saSefsat
reason. to construct a wall or walls for the support
(which wall or walls shall net have been included in
the approximate estimate for the making Of the I'm
eaehea smbsnh I'm int p phe city e, ' eas nssa. a nss design ssxsa 20 q
plan for a wall or walls suitable for the purpose,
accordance Herewith. under his supervision and sub
iect to his approval and acceptance. aud the con-
ne assaDa ? p.r sae Of tn, se1 work and Improvement M 's author.
lied to be made. and the cost thereof shall be esti-
s madea street le a1 to i its legally i pe ests 81 Ins e grade S. s and BE-
paid for In special tax bills accordingly. Provided,
e eseS = sps that al II the ss eFi ms, to ss p su1ni shs s0a aas for i sI
labor done in constructing such wall or walls shall
be hxed and determined BY the city engineer, and
actual cost Of such work. plus a reasonable sum mot
to exceed ten 90, per eentum 81 such actual COST, as
profit on the expenditure 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 to law.
which work the common council deems It necessary
the doing Of said work shall not render Kansas City
liable to pay for such work; or any par, thereof,
turbed or damaged by the grading herein authorized
or provided for, and the owners thereof lawfully en-
titled to remuneration or damages under the consti-
tuition of this state and have not waived all right
or claim thereto. 1t is ordered that proceedings to
ascertain and assess all such damages or renunera-
ton be begun and carried on, and such rcmunera-
tion or damages ascertained and assessed, as pro-
vided In article VIII, 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
as follows, to-wit: Beginning at n point on the
south line of slst street ISL feet west of the west
line Of Vine street; thence south and parallel to the
west line of Vine street to the north line Of Lin
wood avenue or 32d street: thence to a point on the
f fees wes, of the west line Of Vine ; street. ress thence thence
south End parallel to the west line of Vine street
thence to a point on the south line Of Russell avenue
or 33rd street to a point l2ss feet west of the west
line of Vine street: thence south and parallel to the
west line of Vine street to the north line Of Hor-
man avenue or 35th street; thence east along the
north line Of Hoffman avenue or 35th street to a
thence north and parallel to the east line of Vine
street: thence to a point on the north line of said
RUSSELL avenue or 33rd street 1882 feet east Of the
east. line of Vine street; thence north and parallel
Linwood avenue or sd street; thence to a point on
the north line of said Linwood avenue or ssd street
1861 feet east of the east line Of Vine street: thence
north and parallel to the east line Of Vine street to
the south line of slst street; thence west to the place
Section 6. All ordinances or parts of ordinances in
conflict herewith are, insomuch as they conflict with
this ordinance. hereby repealed.
Now. therefore. you and each Of you are hereby
the day, and the courtroom Of division No. three cS
Of the circuit court Of Jackson county. Missouri. at
Kansas City. at the county court house in Kansas
City, jackson county, Missouri. is the place hereby
fixed by said court for the ascertaining and assessing
Of damages and benefits that may arise from said
proposed grading and that unless on or before the
day next before the day set for the hear
ing aforesaid or before the day to which
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 tho claimant therein. you and each OF you
shall be forever thereafter precluded from making
any claim on account thereof.
The court further orders that this order be pub
lished 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 nxed for said hearing.
l. H. NJ. Stonestreet. clerk OF the circuit court Of
jackson county, Missouri. hereby certify that the
foregoing is q true and correct copy Of the order
made by division No. three Co. of the circuit court
Of jackson county. Missouri. at Kansas City. in the
above entitled proceeding on the 9Th day of Deem
Der, A. D.. 1898. as the same appears Of record in
my ONCE.
Witness my hand and seal Of court this 22d day of
December. A. d. 1895.
tSeaD H. N. sTONESTREET.
Clerk Of the Circuit Court of Jackson County, Mo.
By ]. S. CHASE. Deputy Clerk.