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


70 grade the alley between 18th street and Peery
avenue from Beiiefontains avenue 10 Benton boule-
SaIu, was by the mayor Of Kansas. City, Missouri,
county. Missouri, at Kansas City, and tho general
op!ect and nature OF said ordinance and the limits
proposed gradin. being stated and defined therein
i anu "niea said ordinance is substantially as fol-
Be 1t Ordained by the Common Council of Kansas
Section |. That the alley between nth stree, and
IeeIS avenue from Bel!e.Ontaine avenue TO Benton
boulevard shall be graded the full wIdth thereof
ana 70 the established grade of the same.
section 2. Entertainments or ellis shall be made OF
earh or rock. or both combined. The work herein
authorized may be protected from surface water by
fection OF the board Of public WORKS. as the said
o9ald may deem necessary. and tho same may be
closed. removed or altered at will, in accordance
ter of Kansas City.
Section ), That whenever, when embanknents are
niaoe, II shau 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 Tor any similar good and sufficient reason,
TO construct 4 wall or walls for the support and sus-
tanning OF any part OF the street graded (which wall
or walls shall not have been included in the ap-
pro1inate estimate for the making o, the improve
mentl. in the place of the usual snpe given to such
embarrassment, the city engineer may design a plan
FOR a wall or walls suitable for the purpose, and re-
quire the contractor to construct the same in accord
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
made. and the cost thereof shall be estimated in and
deemed a part OF the cost OF grading said street to
Its legally established grade. and be paid for in spe-
cial tax bills accordingly. Provided. however, that
of the materials furnished and for ali 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 sucn
work, plus a reasonable sum mot to exceed ten QD
per centrum of such actual cost. as profit on the ex-
p%enditure involved on the part Of the contractor.
tax bills against and upon the lands that may be
charged with the cost thereof. according to law,
to have done; but the passage of this ordinance and
the doing OF said work shall not render Kansss City
liable to pay for such work. or any part thereof.
otherwise tnan by the issue OF special tax bills.
Section O.. Whereas. private property may be dis
turbed or damaged by the grading herein authorized
and provided for. and the owners thereof lawfully
entitled to remuneration or damages under tie con
%ssftution Of this state and have not waived all right
or claim thereto. 1t is ordered that proceedings to
ascertain and assess all damages or Remuneration be
begun and carried on. and such remuneration or dam
ages ascertained and assessed as provided in article
VIII. Of the charter Of said city. and the common
council prescHbes 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-wit: Beginning at the southeast corner Of 18th
street and Bellefontaine avenue: thence east along
the south line Of lIth street to the west line af
of Benton boulevard to the north line Of Peery ave-
nue.: thence west along the north line OF Peery ave-
north along the east line Of BelIetontaine avenue to
the place of beginning.
Section q. 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, A. D. 1899, is
the day and the courtroom of division No. four az Of
the circuit court Of Jackson county. Missouri. at Kan
sas City. at the county cour. house In Kansas City,
Jackson county, Missouri. is the place hereby fixed by
said court for the ascertainins and assessing Of dam
ages and benefits that may arise from said proposed
grading. and that unless on or before the day next
before the day get for the hearing aforesaid, or he
fore the day to which said cause may have been post
poned or continued, you he with the clerk of said
court 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 any claims on account thereof.
And the court further orders that this order be
published 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 fixed for said hearing.
/. 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 orde.
made by division No. four a. OF the circuit court Of
Jackson county. Missouri. at Kansas City. in the
above entitled proceeding on the 10th day Of Deem
Der. A. D. 1898. as the same appears of record in my
ONCE.
Witness my hand and seal Of cour. this elth day Of
December. A. D. 1898. H. NJ. SToNEsTREET.
Clerk OF the Circuit Court of Jackson County. Mis-
souri,. By ]. 8. CHASE.
(seaD Deputy Clerk.