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 90. case No. 34os1.
In the matter OF the proceedings to ascertain and
assess damages and benefits to arise from the pro-
posed grading OF Thompson avenue from Indiana ave-
nue. TO Monroe avenue. In Ksnsas City, jackson
cnunty. Missouri, under ordinance Of said kansas
City: Missouri. Nc. lolss. approved on the Both day
grade Thompson ave from Indiana ave. to Monroe
ave" Now: on this, the 9Th day of December, A. D.
1888, in this. the circuit court OF Jackson county.
Missouri. at Kansas City, division number three.
s ;,.s hansss city Missouri 1yss appearing by its as
court that its mayor has heretofore caused to be
alsd in this court a certified copy Of the Aforesaid
the premises. makes the following order herein, to-
To All Persons Whom 1t May Concern. Greeting:
Whereas; a certified copy Of an ordinance of Kan
s.s = CITY 8, Ir, Missouri NO NS; ioiss, approved on the soth
TO grade Thompson ave. from Indiana ave. to Mon
roe ave was by the mayor of Kansas City. Mis-
souri,, caused to 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 proposed grading being stated and defined there
In, and which said ordinance is substantially as fol-
Be IT ordained by the common council Of Kansas CITY.
:, Section Manrn. / y That .s.n Thompson Sa sod. ave e.. from ON, Indiana ave.
of and to the established grade of the same.
Section :; Emsansmenss or hils shall be made of
authorized may be protected from surface water by
Temporary npsT :, drains raj or eg :, nTts;. put in under the
board may deem necessary. and the same may be
closed. removed or altered at will. in accordance
with the provisions of section 1S of article TX, char
ter OF Kansas City.
Section 8. That whenever, when emba nkmeats are
made. 1t shall be necessary, in the opinion OF tie
city engineer. by reason OF injunction proceedings or
proper objections on the part of %ahutting property
reason. TO construct a wall or walls for the support
and sustaining OF any part Of the street graded
the approximate estimate for the making OF the i'm
pnchem mem, t IN me place pss c; ., tae v usual slope given to
plan for a wall or walls suitable for the purpose.
and require the contractor to construct the same IN
accordance Herewith. under his sllpervisinn aud x,b
tect to his approval and acceptance, and the con-
necessary part Of the work and Improvement author.
lied to be made. and the cost thereof shall be esti-
mated in and deemed a part Of the cost Of praJinr
said street to It's legally established grade. and be
paid for In special tax bills accordingly. Provided,
however. that the price TO be paid the contractor for
each and all of the materials furnished and for ali
labor Done in constructing such wall or walls shall
be fixed and determined by the city engineer snd
shall under no circumstances be in excess OF ,bs
actual cIst of such work. plus a Reasonable sum moi
to exceed ten Qo) per centum Of such actual COST as
rroht on the expenditure involved on the part OF the
Contractor.
Section 4. The work shall be paid for in sn.c,,,
tax bills against and upon the lands that may be
charged with the cost thereof. according 10 law
which work the common council deems ii 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.
otherwise than by the issue of special tax bills.
Section .; Whereas. private property may be dis
turbed or damaged by the grading herein authorized
or provided for. and the owners thereof lawfully en-
titled to remuneration or damages under tbs cops,i.
tuition of this state and have not waived all right
or claim thereto. 1t is ordered that proceedings tn
ascertain and assess all such damages or remnne,s'
ton be begun and carried on, AID such remnnara
ton or damages ascertained and assessed. as mr.
vided in article VIII, Of the charter of said CITY INA
the common council prescribes and determines tho
limits within which private property is benefited ~
the proposed grading herein mentioned. and the linn.
Its within which such property shall be assessed ana
charged TO pay such remuneration or damages 70 ~.
as follows. to-wit: Beginning Mt the intersertion y
the center line Of the alley between Garner ayn VA
Thompson ave-. with the east line OF Indiana -
thence east aiong the center line of said alley to the
west line of Munroe ave: thence south alonr Nv
west line OF Monroe ave. TO the center Of tho sIiav
between Thompson ave. and Roberts St: thence west
along said alley south OF Thompson ave, Ia The CO..
line oil inclana ave. thence north TO beginnjnr
Section o. All ordinances or parts of Ordinance +,
conflict herewith are. insomuch as they conflict wish
this ordinance, hereby repealed. 90"
Now, therefore, You and each Of Won II. baroSx
notified that the 18th day Of January. A. %. 1899 4,
the cay. ana the courtroom of division No. three fI
OF the circuit court of Jackson county. Missouri. az
Kansas CITY. at the county court house in Kansas
CITY, jackson county. Missouri, is the place hereby
Fixed by SAID court for the ascertainIag and assessIny
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
elnim or claims for damages. containing a description
Of the property claimed TO be damaged. and the in