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Sec. 7625. May Issue Bonds. When the board of education of any school district determines that for the proper accommodation of the schools of such district it is necessary to purchase a site or sites to erect a schoolhouse or houses, to complete a partially built school house, to enlarge, repair or furnish a schoolhouse, or to purchase real estate for playground for children, or to do any or all of such things, that the funds at its disposal or that can be raised under the provisions of section seventy-six hundred and twenty-nine and seventy-six hundred and thirty, are not sufficient to accomplish the purpose and that a bond issue is necessary, the board shall make an estimate of the probable amount of money required for such purpose or purposes and at a general election or special election called for that purpose, submit to the electors of the district the question of the issuing of bonds for the amount so estimated. Notices of the election required herein shall be given in the manner provided by law for school elections.
History :-70 v. 241; 91 v. 41 ; 94 v. 38 ; 97 v. 357; 102 v. 419.
Held that a special election upon the question of the issue of bonds for school purposes is to be considered a school electin under section 5120, G. C., and that returns of such election should be made to the clerk of the board of education of the school district and that such board is the authority that shall first canvass said returns. Op. Atty. Gen. (1911), p. 507.
The intention of section 7625, G. C., as clearly expressed therein, comprises within its terms the authority to call for an election upon the question of issuing bonds for the erection of a school house, as well as for the purpose of securing a site for such school building. Op. Atty. Gen. (1911), p. 510.
The statutes do not require or authorize publication of a resolution of a board of education passed for the purpose of submitting to electors the question of issuing bonds for the construction of a school building.
Under section 7625, G. C., however, notices of the election shall be given in the manner provided by law for school elections, i. e., under section 4839, G. C., such publication may be made by posting written or printed notices in five public places in the district at least ten days before the holding of the election, or it may be published in a newspaper of general circulation in the district, once at least ten days before holding of the election. Op. Atty. Gen. (1913), p. 1515.
A proposition for the centralization of schools under the provisions of section 4726, G. C., and a proposition to issue bonds under the authority of section 7625, G. C., may be submitted as separate propositions to the electors of a rural school district at the same election. Op. Atty. Gen. (1915), p. 67.
The question of issuing bonds for the purpose of purchasing a site and erecting a high school building as authorized by section 7669, G. C., may be submitted at a special election called for that purpose or at a regular or general election.
When the question of issuing bonds is submitted pursuant to sections 7669 and 7625, G. C., it is not required that in addition thereto there shall be submitted the question of levying an additional tax for high school purposes, pursuant to sections 5649-5 and 5649-5a, G. C.
Bonds authorized by section 7669, G. C., to be issued for the purpose of purchasing a site and erecting a high school building, must be issued by each district separately and issue must be approved by a majority of the electors voting thereon in each district in which the question is submitted.
The question of centralization of schools and the issue of bonds to the furtherance of the scheme of centralization, cannot be submitted at the same time to the qualified electors of the school district under Section 4726-1, G. C. Op. Atty. Gen. (1919), p. 952.
Sec. 7626. Issue of Bonds When Proposition Approved. If a majority of the electors, voting on the proposition to issue bonds, vote in favor thereof, the board thereby shall be authorized to issue bonds for the amount indicated by the vote. The issue and sale thereof shall be provided for by a resolution fixing the amount of each bond, the length of time they shall run, the rate of interest they shall bear, and the time of sale. Such bonds shall be sold in the manner provided by law.
History :-70 v. 195; 97 v. 357; 106 v. 495.
Sec. 7669. Union of Districts for High School Purposes; Tax Levy; Submission of Question. The boards of education of two or more adjoining school districts, by a majority vote of the full membership of each board, may unite such districts for high school purposes. Each board also may submit the question of levying a tax on the property in their respective districts for the purpose of purchasing a site and erecting a building, and issue bonds, as is provided by law in case of erecting or repairing school houses; but such question of tax levy must carry in each district before it shall become operative in either. If such boards have sufficient money in the treasury to purchase a site and erect such building, or if there is a suitable building in either district owned by the board of education that can be used for a high school building it will not be necessary to submit the proposition to vote, and the boards may appropriate money from their funds for this purpose.
History:-93 y. 281; 95 v. 443; 97 v. 359; 99 v. 462; 104 v. 229; 107 v. 624; 109 v. 373.
INITIATIVE AND REFERENDUM.
PROVISIONS RELATIVE TO MUNICIPALITIES. Section. 4227-1. Initiative and referendum in municipalities. 4227-2. When ordinances shall take effect. 4227-3. To what ordinance or measure act applies. 4227-4. Petitions may be presented in separate parts; signing affidavit. 4227-6. Copy of proposed ordinance or measure filed with auditor or clerk. 4227-7. Words which shall be printed in red. 4227-8. Designating committee as filing petition. 4227-9. Sworn itemized statement by circulator. 4227-10. Practices prohibited relative to I. and R. petitions. 4227-11. Penalty. 4227-12. Provisions don't apply to municipality adopting charter. 4227-13. Penalty.
INITIATIVE AND REFERENDUM PROVISIONS RELATIVE TO
Sec. 4227-1. Initiative and Referendum in Municipalities. Initiative Petition. Ordinances and other measures providing for the exercise of any and all powers of government granted by the constitution or now delegated or hereafter delegated to any municipal corporation, by the general assembly, may be proposed by initiative petition. Such initiative petition must contain the signatures of not less than ten percentum of the electors of such municipal corporation.
When there shall have been filed with the city auditor if it be a city, or village clerk if it be a village, a petition signed by the aforestated required number of electors proposing an ordinance or other measure, said city auditor or village clerk shall, after ten days, certify the petition to the board of deputy state supervisors of elections of the county wherein such municipality is located. Said board shall submit such proposed ordinance or measure for the approval or rejection of the electors of such municipal corporation at the next succeeding regular or general election, in any year, occurring subsequent to forty days after the filing of such initiative petition. No ordinance or other measure proposed by initiative petition and approved by a majority of the electors voting upon the same in such municipal corporation shall be subject to the veto of the mayor.
History:-102 v. 521 ; 103 v. 211; 104 v. 238.
The resolution of the board of control of the city of Cleveland, adopted March 5, 1918, increasing compensation of certain employes, effective January 1, 1918, is retroactive in so far as it attempts to provide increased compensation for previously rendered services and to create a new obligation on said city and to that extent is violative of section 28, article II, of the constitution of Ohio.
Such resolution is not subject to referendum under sections 4227-1 et seq., G. C., or section 61 of the Cleveland charter. Op. Atty. Gen. (1919), p. 66.
It is said that the validity of G. C. SS 4227-1, et seq., was recognized by the adoption of Art. II, § 1f of the constitution of Ohio, on September 3, 1912, which reserved the initiative and referendum to the people of each municipal corporation: McFarlan v. Norwood, 26 0. C. C. (N. S.) 33, 28 O. C. D. 323 (opposite conclusion reached on appeal, from McFarlan v. Norwood, 19 O. N. P. (N. S.) 145, 26 O. D. (N. P.) 344].
Article II, of the Ohio constitution, $ 1f, especially reserves the initiative and referendum powers to the people of each municipality on all questions, which such municipality are now, or hereafter may be authorized by law or control by legislative action, and provide "that such powers shall be exercised in the manner now or hereafter provided by law." G. C. $$ 4227-1 to 4227-12, inclusive, prescribe the manner in which such powers shall be exercised: Cincinnati v. Hillenbrand, 103 O. S. 286.
The supreme court has no authority to pronounce a judgment or decree upon the question whether a proposed law or ordinance will be valid and constitutional is enacted by a legislative body or adopted by the electors. Where the mandatory provisions of the constitution or statute prescribing the necessary preliminary steps to authorize the submission to the electors of an initiative statute or ordinance have been complied with the submission will not be enjoined (Pfeiffer v. Graves, Secretary of State, 88 Ohio St. 473, approved and followed) : Cincinnati v. Hillenbrand, 103 O. S. 286.
The time during which an election on an initiative ordinance is enjoined, is to be deducted in determining when such election is to be held: Cincinnati v. Hillenbrand, 103 O. S. 286.
A city ordinance, including one for the submission of the question of choosing a commission to frame a charter, may be attested by a clerk pro tem, duly elected by the council: State ex rel. v. Fouts, 103 O. S. 345.
Injunction is the proper remedy to prevent the expenditure of public money by a board of deputy state supervisors of elections in submitting to the electors a statute or ordinance pursuant to an initiative petition, where mandatory provisions of the constitution or statute prescribing the necessary preliminary steps to authorize such submission have not been complied with. Cincinnati v. Hillenbrand, 103 O. S. 286.
Sec. 4227-2. When Ordinances Shall Take Effect. Referendum Petition. Any ordinance, or other measure passed by the council of any municipal corporation shall be subject to the referendum except as hereinafter provided. No ordinance or other measure shall go into effect until thirty days after it shall have been filed with the mayor of a city or passed by the council in a village, except as hereinafter provided.
When a petition signed by ten per cent of the electors of any municipal corporation shall have been filed with the city auditor or village clerk in such municipal corporation, within thirty days after any ordinance, or other measure shall have been filed with the mayor, or passed by the council of a village, ordering that such ordinance or measure be submitted to the electors of such municipal corporation for their approval or rejection, such city auditor or village clerk shall, after ten days, certify the petition to the board of deputy supervisors of elections of the county wherein such municipality is situated and said board shall cause to be submitted to the electors of such municipal corporation for their approval or rejection, such ordinance, or measure at the next succeeding regular or general election, in any year occurring subsequent to forty days after the filing of such petition.
No such ordinance or measure shall go into effect until approved by the majority of those voting upon the same. Nothing in this act shall prevent a municipality after the passage of any ordinance, or other measure from proceeding at once, to give any notice, or make any publication, required by such ordinance or other measure.
History:-102 v. 521; 103 v. 211; 104 v. 239.
Signatures upon a petition for the referendum of a municipal ordinance or measure may not be withdrawn therefrom nor additional signatures thereto filed after such petition has been certified to the deputy state supervisors of elections nor after the expiration of thirty days subsequent to the filing of such ordinance or measure with the mayor of the city or to the passage thereof by the village council. Op. Atty. Gen. (1915), p. 824.
An ordinance duly passed by a village under section 3939, G. C.,' to issue and sell bonds, which bonds together with others will not exceed one per cent. as specified in section 3940, G. C., is subject to referendum, and the approval of such ordinance "by a majority of those voting upon the same” under section 4227-2, G. C., will be sufficient. Op. Atty. Gen. (1915), p. 1185.
Under the provisions of section 4227-2, G. C. (104 0. L. 238), the thirty days referendum period for an ordinance or resolution, which has been passed or adopted by the council of a city and presented to the mayor for his approval or disapproval, and vetoed by him, and later reconsidered by said council and passed over the mayor's veto, begins with the date the ordinance, or resolution, was originally filed with the mayor after its first passage or adoption. Op. Atty. Gen. (1917), p. 2460.
General Code § 3982 authorizes the council of a municipal corporation to pass an ordinance regulating the price which a water company may charge for fire protection, and for furnishing water to private consumers; and if a referendum is not invoked under this section, or a complaint is not filed with the public service commission under G. C. § 614-44, such ordinance is valid: State ex rel. v. Burris, 91 0. S. 70.
The fact that the ordinance of a municipal corporation which, under the authority conferred by G. C. $ 614-44, has been enacted in accordance with the provisions of G. C. $$ 3644, 3982 and 3983, has been subjected to a referendum under this section, does not create an emergency within the meaning of G. C. § 614-32, which authorizes the public utilities commission temporarily to alter rates or to amend them: Cincinnati v. Public Utilities Commission, 96 0. S. 270.
While the signers of a referendum petition may withdraw their signatures, at least during the first ten days after the petition is filed, the auditor or clerk can not arbitrarily withhold a petition an unreasonable time after the expiration of ten days. Mandamus will lie to compel him to certify such petition in a reasonable time: State ex rel. v. Rupert, 99 O. S. 17.
While the auditor of a city should not certify a referendum petition which does not comply with G. C. § 4227-2, his decision is not final; but may be reviewed in mandamus: State ex rel. v. Rupert, 99 O. S. 17.
The provisions of G. C. § 4227-2, fixing the time within which a referendum petition shall be filed with the city auditor, are complied with where such petition is filed with the auditor within thirty days from the original passage of the resolution by council and also within thirty days after the resolution has been passed by council over the mayor's veto: Hamilton v. Greevey, 9 Ohio App. 221.
The power of a minority of the electors to force proposed legislation to a referendum includes the power to suspend such legislation until the next regular election and can only be exercised by fully complying with all the provisions prescribed for such referendum: Railway Co. v. Hagerty, 14 Ohio App. 398, 32 0. C. A. 145 (motion for an order' directing court of appeals to certify its record overruled, Hagerty v. Railway Co., 19 O. L. B. & R. 172).
In the absence of evidence, it will not be presumed that a husband is the agent of his wife, who owns property which the municipal corporation is seeking to appropriate, by signing a petition to submit the preliminary resolution of intention to approximate, which is required by G. C. § 3679, to a referendum election by this section and G. C. § 4227-3; and his act of signing such petition can not estop her from contending subsequently, that the appropriation ordinance which is provided for by G. C. $$ 3680 and 3715, is the controlling legislation which may be submitted to the referendum election: McFarlan v. Norwood, 26 0. C. C. (N. S.) 33, 28 0. C. D. 323 (opposite conclusion reached on appeal, from McFarlan v. Norwood, 19 O. N. P. (N. S.) 145, 26 0. D. (N. P.) 344].
A bond ordinance does not become operative until sixty days after its passage, and during that time no steps can be taken to advertise or sell the bonds: Drum v. Cleveland, 13 0. N. P. (N. S.) 281 (reversed by court of appeals without opinion, which was affirmed without opinion in Drum v. Cleveland, 88 O. S. 619].
This provision continues in effect ordinances which have been passed by the city council and signed by the mayor, and which are kept from taking immediate effect only by the necessity of waiting until the time for filing a referendum petition has elapsed: State ex rel. v. Wall, 17 O. N. P. (N. S.) 33 (affirmed by court of appeals).
A charter of a municipal corporation which continues in effect all ordinances in force when the charter takes effect continues in effect ordinances which have been passed by the council and signed by the mayor but for which the time fixed for filing a referendum petition has not elapsed: State ex rel. v. Wall, 17 O. N. P. (N. S.) 33 (affirmed by court of appeals).
Sec. 4227-3. To What Ordinance or Measure Act Applies. Whenever the council of any municipal corporation is by law required to pass more than one ordinance or other measure to complete the legislation necessary to make and pay for any public improvement, the provisions of this act shall apply only to the first ordinance or other measure required to be passed and not to any subsequent ordinances and other measures relating thereto. Ordinances or other measures providing for appropriations for the current expenses of any municipal corporation, or for street improvements petitioned for by the owners of a majority of the feet front of the property benefited and to be especially assessed for the cost thereof as provided by statute, and
emergency ordinances or measures necessary for the immediate preservation of the public peace, health or safety in such municipal corporation, shall go into immediate effect. Such emergency ordinances or measures must, upon a yea and nay vote, receive the vote