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

IN tbs circuit court of Jackson county, Missouri.
a. Kansas City. Division No. three t3l. Case No
siess. In the matter Of the proceedings to ascertain
and assess damages and benefits 10 arise from tina
east line of Benton boulevard to west line OF In
diana avenue. in Kansas City. Jackson county. MIS-
souri,; under ordinance of said Kansas city. Missouri,
No. ieii5. approved on the 9Th day of September. A.
d. 1888. and entitled AN ordinance to grade llta
line of Indiana aa' avenue S NaM on p ssis' a5s s 70 T sss
OF December. a. d. 1895. in this. the circuit. court ol
jackson county. Missouri. at Kansas City. division
number three 81, comes Kansas City, Missouri. an.
pearing by Its assistant counselor. s. S. VIM. Esq,
fore caused to be filed in this court a certined COW
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:
sas City. Missouri. No. IO445. approved on the IN
day OF September. A. D.. 1893, and entitled An
ton boulevard to west line of Indiana avenue was
by the mayor OF Kansas City. Missouri. caused to be
MED IN the circuit court OF Jackson county. Mis-
souri,. at Kansas City. and the general object ard
nature of said ordinance and the limits within which
being stated and defined therein and which said or.
dinance is substantially as follows. to-wit:
City. ~
Section I. That lith street from east line of BEN
shall be graded the full width thereof and to the
established grade Of the same.
Section 2. Embankments or Ills shall be mazda
OF earth or rock, or both combined. The work here
In authorized may be protected from surface water
by temporary drains or culverts. put in under the
direction OF the board of public works. as the said
BOARD may deem necessary. and the same may be
the provisions Of section IL Of article TX. charter Of
Kansas City.
Section g. That whenever. when entertainments ars
made. 1t shall be necessary. in the opinion Of the city
engineer. by reason Of injunction proceedings or prop
er objections on the part Of AUDITING property owners.
or for any other similar good and sanicient reason, to
construct a wall. or wallis. for the support and sus-
tanning Of any part of the street graded (which wall,
or walls. shall not have been included In the approx.
innate estimate for the making of the improvement,,
In the place OF the usual slope given to such embank-
ment, the city engineer may design a plan for a wall.
or walls. suitable for the purpose. and require the
contractor to construct the same in accordance there
with under his supervision and subject to his APPROX
al 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 to It's legally
established grade. and be paid for in special tar bills
accordingly. Provided. however. that the price to be
furnished. and for all labor done In constructing such
wall. or walls. shall be fixed and determined by the
city engineer. and shall under no circumstances be in
excess Of the actual cost of such work. plus a reason
able sum (not to exceed ten d0 per centum Of such
actual COST. as profit on the expenditure involved on
Section 4. The work shall be paid for in special
tax bills against and upon the ;anIs lat may be
charged with the cost thereof. according to law.
which work the common council deems 1t necessary
to have done; but the passage Of this ordinance and
the doing Of said work shall not render Kansas city
liable to pay for such work. or any part thereof. 9TH
erwise than by the issue Of special tax bills.
Section 5. Whereas. private property may be dis
turbed or damaged by the grading herein authorized
and 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
tain and assess all such damages or remuneration bs
begun and carried on. and such remuneration or lam
ages a~scertined 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 fol-
q asT Benton ssnsi souls sss'hni is feet e n sSiR' q = the see ns s1is lin:
Of 18th street: thence east and parallel to the north
line of llth street to the northeast corner Of lot "a.
of Windsor: therce south to the northwest corner Of
the north lines Of lots S to 5 inclusive. OF william
Harris addition. to the west line of Indiana avenue;
to a point 100 feet south of the south llns OF IitS
street: thence west and parallel to the south line Of
thence north to the place OF beginning.
Section s. All ordinances or parts Of ordinances in
this ordinance. hereby repealed
Now. 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. three tl
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 ascertalning 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 hearing aforesaid.
or before the day to which said cause may have been
postponed or continued. you file with the clerk Of said
court your claim. or claims. for damages. containing
and the interest Of the claimant therein. you and
each Of you shall be forever thereafter preciuded from
making any claims on account thereof.
And the court further orders that this order be pub
lished in each issue of The Kansas City Journal Ohs
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
And the court further orders that n copy Of this or
der be served, as by the charter Of said city provided.
upon each and avery resident OF the city interested
herein.
of Jackson county. Missouri. hereby certify that ths
Foregoing is a true and correct copy Of the order made
Nv dIyisfcn No. three 81. of the circuit court Of Jack
son county. Missouri. at Kansas City, In the above
entitled proceeding on the 9Th day of December.
A n 1888, as the same appears Of record in my
Office
n..smher A. D. 1895. H. N. STONESTREET.
Clerk Of the Circuit Court OF JACKSON County: Mis-
sour, BY j. 8. CHASE
Ts..n Deputy Clerk.