Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1899-01-03

| IN the circuit CgG.t u jackson county, Missouri,
at Kansas City, division No. Tour a., case No. 5fg5S.
In the matter Of the proceeding to ascertain and as
sess damages and benefits 10 arise from the proposed
grading OF the east and west alley. and the north
and south alley, in the block between Twelfth uethl
street and Tkirts-Lth QsthJ street and Lydia avenue
and Grove street, IN Kansas City. Jackson county,
Missouri. under ordinance Of said Kansas City, NJ.
S6a6, approved on the 10th day Of April. A. b. 1895.
and entitled AN ordinance TO grade the east and
west alley and north and south alley in the biock
between 18th street and Thirteenth street and Lydia
avenue and Grove street, Now, on this the 10th
day OF December, i. D.. 1885, in this the circuit
court of jackson county. Missouri. at Kansas City,
division number four "a, comes Kansas City. appear
ing by its assistant counselor, 3 s VIM, Esq,
and shows TO the court that its mayor has hereto
fore caused TO be fled in this court 4 certified ccpy
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:
Where's, a certified copy Of an ordinance OF KAN
.as City. Missouri. No. sces. approved on the 18th
day OF April. A D. 1885. and entitled An ordnance
10 grade the east aad west alley ana north and south
alley il the block between 18th street and Thirteenth
street and LYDIA ay=nus and Grove street, was cy
the mayer Of Kansas CITY, Missouri, caused TO be
filed in the circuit court OF Jackson county. Missouri.
at kansas City, ana 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 therein and which said ordinance
is substantially as follows to-git:
BE 1t Ordained by the Common Council Of Kansas
Section l. That III. east and west alley and the
north and south alley in the block between 18th
street aud 18th street and Lydia avenue and Grove
street shall be graded the full width thereof and TO
the established grade OF the same.
Section , Entertainments or alls shall be made Of
earth or rock. or both combined. The work herein
temporary drains or eulverts. put in under the di-
rectioa CT 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 u OF article TX, char
ter OF Kansas City.
Section 6. That whenever. when embankments are
made, it shall be necessary In the opinion OF the
city engineer. by reason Of injunction proceedings or
proper objections on the part OF sbutting property
owners, or for any similar .Good aEa sufficient reason,
to construct : wall or walls &c. the support and sIs-
tanning OF any part Of the street graded (which wall
o. walls shall not have been included in the ap-
proxinats estimate for the making of the improve
menU, in the place of the usual slope given 70 such
embanknent. the city engineer may design a plan
for q wall or walls suitable for the purpose. and re-
cuirs the contractor TO construct the same in accord
ance Herewith under his supervision and subject
10 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 he
made. and the cost thereof shall be estimated in and
deemed a part of the cost Of grading said street 10
its legally established grade, and be paid for in spe-
cial tax bills accordingly. Provided, however. that
the price tn be paid the contractor for each AMI all
of the materials furnished and for all labor done in
constructing such wall or walls shall be fixed AMI de-
termined by the city engineer. and shall under 10
work. Plus & reasonable sum mot 10 exceed ten t0l
per centum Of such actual cost. as profit on the ex-
~penditure involved on the part Of the contractor.
Section 1. Tie work shall be paid for in special
tax bills against and upon the lands that may he
charged with the cost thereof. according to law.
which work the common council deems it necessary
10 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
turbsG or damaged By the grading herein authorized
and provided Tor. and the owners thereof lawfully
entitled TO remuneration or damages under :he con-
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 Gsm-
VII. Of the charter Of said city, and The common
council FreScribes and determines the limits within
which private property is benefited by the proposed
which such property shall be assessed aad charged TO
pay SUCH remuneration or damages. to be as follows.
to-wIt: beginning at the southeast corner of 18th
street and Lydia avenue. thence east along the south
line of 18th street to the vest line of Grove street;
thence south along the west line OF Grove street 10
the north line OF 18th street: thence west along the
north line of 18th street to the east line OF Lydia
avenue: thence north TO the place Of beginning.
Section 6. All ordinances or parts of ordinances IN
conflict herewith are insomGch as they conflict with
this ordinance hereby repealed.
Now. therefore, YOU and each Of you are hereby
1otifei that the 1Ath day of January, 4. D. 1899. is
the dav and the courtroom Of division Nc. four "a of
the circait court of jackson county. Missouri. at Kan
sss CITY. at the county court house in Kansas City,
Jackson COUNTY, Missouri, is the place hereby fixed Iv
said court for the ascertaining 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 set for the hearing Aforesaid, or be-
fore the day to which said cause may have been post
poned or continued. YOU file with the clerk of said
a description of the property claimed 10 be damaged.
and the Interest o. the claimant therein. you and
each OF you hhaii De forever thereafter prec!uded
from making any claims on account thereof.
And the court further orders that this order b.
published in each Issue Of The Kansas City Journal
nhs 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.
J. II. ". Sronestrast. clerk OF the circuit, court O,
jackson county. Missouri, hereby certify that tho
foregoing is a true and correct copy Of the order
made bv division No. four Gs OF the circuit. court a,
Jackson county. Missouri. AZ Kansas CITY. in tIlF
above entitled preceding on the 10th dag Of Deem ,
be-. A. D. 1885, as the same appears Of record in my !
office.
witness nv hand and seal OF court this 9th dav o, |
December. y u. 1905. Fl. NJ. sToNESTPEET.
Clerk OF the Circuit Court Of jackson Comfy. Mis-
souri,. BY J. g. CHASE.
,So,n nzr,,,- Tt-t