Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1899-01-09

Kansas City. division No. three G. case No. s4o7s.
In the matter of the proceedings to ascertain and
assess damages and benefits to arise from the pro-
posed grading OF the alley between Cherry street
and Holmes street from Twelfth Q2th) street to Thir-
teenth QSth) street. in Kansas City, Jackson county,
Missouri. under ordinance of said Kansas City. Mis-
souri,. No. 99l5. approved on the 18th day Of June,
a. D.: 1898, and entitled IAN ordinance to grade
the alley between Cherry and Holmes from 18th to
18th street" Now, on this, the 9Th day of December,
A. D. 1898. in this, the circuit court OF jackson
COUNTY. Missouri; at Kansas City. division number
its assistant counselor. S. $. VIM, Esq, and shows
to the court that its mayor has heretofore caused to
be filed in this court a certified copy Of the aforesaid
ordinance. and the court, being fully advised In the
premises; makes the following order herein. to-wit:
To All Persons Whom 1t May Concern. Greeting:
sas City, Missouri. No. ssl5. approved on the 18th
to grade the alley between Cherry and Holmes from
18th to 18th street., was by the mayor of Kansas
City. Missouri, 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
by the proposed grading being stated and defined
therein. and which said ordinance is substantially
as follows. to-wit:-
Be 1t ordained by the common council of Kansas City.
Section /. That the alley between Holmes street
shall be graded the full width thereof and to the
established grade of the same.
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
Oscu ShiO Ntu " III Will, III accordance
with the provisions Of section ID of article TX. char
ter OF Kansas City
made, 1t shall be necessary, in the opinion of the
city engineer, by reason of injunction proceedings or
owners. or for any other similar good and sufficient
reason. to construct a wall or walls for the support
(which wall or walls shall not have been included in
the approximate estimate for the making of the i'm
such embankment, the city engineer may design a
plan for a wall or walls suitable Cor the purpose.
accordance Herewith, under his supervision and SUBJ
ject 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-
said street to its legally established grade. and be
paid for in special tax bills accordingly. Provided,
each and all of the materials furnished and for ali
labor done in constructing such wall or walls shall
shall under no circumstances be in excess Of the
actual cost Of such work. plus 4 reasonable sum mot
to exceed ten QW per centum Of such actual cost, as
profit on the expenditure 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 Kansas City
otherwise than BY the issue Of special tax bills,
Section s. Whereas. private property may be dis
or provided for, and the owners thereof lawfully en-
titled to remuneration or damages under the consti-
utlOn Q I tnlS STATE anu nave not waived all right
or claim thereto. it is ordered that proceedings to
ascertain and assess all such damages or remunera-
ton be begun and carried on. and such rcmunera-
ton 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 the southeast cor
along the south line Of 18th street to the west line
OF Holmes street, thence south along the west line
of Holmes street to the north line of 18th street,
thence west along the north line OF 18th street to
the east line of Cherry street. thence north along
the east line Of Cherry street to the place Of be-
ginning.
Section 6. All ordinances or parts Of ordinances in
conflict herewith are, insomuch as they conflict with
notified that the 18th day of January. A. D. 1893, is
the day. and the courtroom Of division No. three (3)
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
tinued. you file with the clerk of said court your
claim or claims for damages. containing a description
terest of the 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
Iished in each issue Of The Kansas City Journal (the
last Insertion to be not more than one week prior
to the day therein fixed for said hearing.
Il, H. NJ. stonestTeet. clerk of the circuit court of
foregoing is a true and correct copy Of the order
OF jackson county. Missouri, at Kansas City, In the
above entitled proceeding on the 9th day of Decem-
her, A. D. 1898. as the came appears of record in
Witness my hand and seal Of court this 22d day of
December, A. D. 1896.
Clerk Of the Circuit Court of Jackson County, Mo.
By ]. S. CHASE. Deputy Clerk.