Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1899-01-08
& NOTICES,

LE1AL NollSEs.
IN the circuit court OF jackson county, Missouri. al
Kansas City. division No. loar ~. case No. sio6e.
In The matter OF The proceeding TO ascertain and as
sess damages and be.leiIs 10 arise from the pro-
posed grading Of the alley between Feery avenue and
Twelfth Q2tnD street from BeiIciuaIaine avenue 10
Benton boulevard, IN Kansas City. jackson county.
Missouri. under ordinance OF saio Kansas City. No.
ISIS, approved en- the md day Of June, A. u. 1885.
and entitled IAN ordinance 10 grade the alley be-
tween Peery avenue ana l2th street from Belleion-
tsine avenue 70 Benton boulevard" Now, on this
the 10Th day Of December. A. d. 1885, in this the
circuit court OF jackson county, Missouri. at kansas
City. division number four "a, comes Kansas City,
Missouri. appearing By its assistant counselor. S. :.
Winn. Esq., ane shows to the court that Its mayor
titled copy Of aforesaid ordinance. and The court,
being fully advised IN the premises, makes the iol-
lowing order herein, to-wlt:
To All Persons Whom 1t May Concern. Greeting:
Whereas, q certified copy OF an ordinance Of Kan,
sas CITY. Missouri. No. 1913. approved on the End
day OF June. a. .. 1895, and entitled AN ordinance
TO grade the alley between Peery avenue and 18th
street from Beilefontaine avenue to Benton bouIe-
caused TO be filed in the circuit court of jackson
county, Missouri, at Kansas City. and the general
within which private property is benefited by the
proposed grading being stated and defined therein
to-wit:
Be 1t Ordained by the Common Council Q; Kama.
City.
Section !. That the alley between Peery avenue
and ,2th street from Belletontaine avenue TO Benton
boulevard shall be graded the full width thereof and
to the established grade of the same.
Section .. Entertainments or Ills shall be made Of
eartn or rock. or Doth combined The work herein
authorized may be protected from surface water by
temporary drains or culverts. put in under the d.
section 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 ID OF article IX-. char
ter of Kansas City.
Section ). That whenever. when e~mbankments are
made. 1t shall be necessary in the opinion OF the
city engineer. by reason of injunction proceedings or
proper objections on the part Of abutting properly
owners, or for any similar good and ~suficient reason.
10 construct a wall or walls for the support and gus.
tanning Of any part OF the street graded (which wall
or walls shall not have been included in the ap-
proximate estimate for the making Of the improve
ment), IN the place Of the usual slope given to such
embankment. the city engineer may design a plan
Tor a wall or walls suitable for the purpose. and re-
ance Herewith under his supervision and subject
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
deemed a part of the cost Of grading said street to
Its legally established grade. and be paid for in spe-
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 walls shall be fixed and de-
termined by the city engineer, and shall under no
circumstances be in excess of the actual cost Of buch
work. plus q reasonable sum mot to exceed ten QW
per centum OF such actual cost, as profit on the ex-
penditure 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 part thereof.
otfti Nisc IL Wy u . y spcCldl u DlllS.
Section s. Whereas. private property may be dis
turbed or damaged by the grading herein authorized
emitted to remuneration or damages under the cam
stitution of this state and have not waived all right
or claim thereto. it is ordered that proceedings to
ascertain and assess all damages or remuneration be
begun and carried on, and such remuneration or dam
ages ascertRined and assessed as provided 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 limits within
which such property shall be assessed and charged to
pay such remuneration or damages, to be as follows.
to-vit: Beginning at 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 to the north line Of 18th street:
thence west along the north line of 18th street to
the east line Of Bellefontaine avenue; thence north
along the east line Of Bellefontaine avenue to tbs
place Of beginning.
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
notified that the 18th day of January. 4. D. 1893. is
the day and the courtroom OF division No. four % Of
The circuit court of jackson county, Missouri. at KAN
sas City. at the county court house in Kansas City.
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 CT said
court your claim or claims for damages; containing
and the interest of the claimant therein, you ana
each of you shall be forever thereafter precluded
from making any claims on account thereof.
And the court further orders that this order be
published 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
prior to the day therein fixed for said hearing.
i. H. NJ. 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. four 90 OF the circuit court Of
jackson county. Missouri, at Kansas City, IN the
above entitled proceeding on the 10th day OF Decem-
Der. A. D. 1888. as the same appears OF record in my
cfhce.
Witness my hand and seal of court this s4th day of
December. A. d. 1898. II. NJ. STONESTREET,
Clerk OF the Circuit Court Of Jackson County. Mis-
souri,: By J. S. CHASE,
tseaD Deputy Clerk.