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of two-thirds of all the members elected to the council or other body corresponding to the council of such municipal corporation, and the reasons for such necessity shall be set forth in one section of the ordinance or other measure. The provisions of this act shall apply to pending legislation providing for any public improvement.
History :-102 v. 521 ; 103 v. 212.
The inadequacy of a village water planț resulting solely from the remarkable and sudden growth of the comniunity and creating a dangerous situation with respect to domestic water supply, sanitation and fire protection, in an "emergency” within the meaning of the municipal referendum law, section 4227-3, G. C., and the council, in issuing bonds to improve and extend the system, may lawfully declare it such and make its legislation immediately effective. Op. Atty. Gen. (1917), p. 345.
An ordinance providing for increase of salaries in the water works department may be legally enacted as an emergency measure to go into immediate effect, when an emergency demanding such action is found to exist. Such an emergency ordinance goes into immediate effect, and is not postponed pending the lapse of ten days from its first publication. Op. Atty. Gen. (1919), p. 1109.
Since an ordinance of council directing the director of public service to proceed with the construction of a sewer involves the expenditure of money, such ordinance may not be declared to be an emergency measure under section 4227-3, General Code. Op. Atty. Gen. (1913), p. 1487.
Inasmuch as the ordinance providing for the issuing of bonds in the sum of $100,000.00 for cemetery improvements, specifies a liability ultimately to be paid by the tax payer, such ordinance involves the expenditure of money within the meaning of the initiative and referendum and under section 4227-3 may not be declared an emergency measure, but must remain suspended for sixty days. Op. Atty. Gen. (1913), p. 1615.
An ordinance of a municipality granting a franchise does not require publication; and such want of publication is not ground for enjoining a referendum election: State ex rel. v. Orgill, 17 O. C. C. (N. S.) 260.
Where it is proposed to issue bonds of a municipal corporation for any purpose named in G. C. § 3939, in excess of the limitations named in G. C. $$ 3940 and 3941, the preliminary resolution required to be passed by the council, declaring it necessary to issue and sell bonds, etc., is the first measure required to be pased by council: Heffner v. Krinn, 98 0. S. 1.
In a proceeding by a municipal corporation to appropriate land for opening or extending a street, the ordinance to appropriate, which is provided for by G. C. § 3680, and by G. C. $ 3715, is the controlling feature of such legislation; and is the ordinance which may be submitted to a referendum election: McFarlan v. Norwood, 26 O. C. C. (N. S.) 33, 28 0. C. D. 323 (opposite conclusion reached on appeal, from McFarlan v. Norwood, 19 O. N. P. (N. S.) 145, 26 0. D. (N. P.) 344).
This section, authorizing the passage by council of municipalities of emergency laws necessary for the immediate preservation of the public peace, health or safety, is not repugnant to the constitution, but is consistent with Art. II, $$ 1 to lg, of the constitution of Ohio: Shryock v. Zanesville, 92 0. S. 375.
Whether or not the public utilities commission erred in striking from its files a schedule of rates for the reason that, after such schedule was filed and before it took effect, the city passed an emergency ordinance fixing such rates, such order is a final order; and the remedy of the public utility is error and not mandamus: State ex rel. v. Public Utilities Commission, 101 O. S. 313.
If a village has advanced to a city, and no valid ordinance is in existence fixing the compensation of councilmen, an emergency exists; and an ordinance which fixes the salary of councilmen may be declared to be an emergency measure and may take effect at once in accordance with the provision of this section: Wise v. City of Barberton, 20 O. C. C. (N. S.) 390 [affirmed, without opinion, Wise v. Barberton, 88 0. S. 595).
If an ordinance is introduced as an emergency ordinance which is to take effect at once if it receives a two-thirds vote, such ordinance can be passed only as an emergency ordinance; and if it fails to receive a two-thirds vote but receives a majority vote, it does not take effect after it has been filed for thirty days with the mayor, even though no referendum petition has been filed: Newark v. Richter, 7 Ohio App. 390, 27 0. C. A. 328, 29 O. C. D. 219 (motion for an order directing court of appeals to certify its record overruled, Newark v. Richter, 15 O. L. R. 20, 62 Bull. 95, and distinguishing Miami v. State ex rel. 92 O. S. 215, on the ground that the constitutional provisions as to the enactment of statutes are different from the legislative provisions as to the passage of ordinances).
Sec. 4227-4. Petitions May be Presented in Separate Parts; Signing Affidavit. Any initiative or referendum petition may be presented in separate parts but each part of any initiative petition shall contain a full and correct copy of the title and text of the proposed ordinance or other measure and each part of any referendum petition shall contain the number and a full and correct copy of the title of the ordinance or other measure sought to be referred. Each signer of any such initiative or referendum petition must be an elector of the municipal corporation in which the election, upon the ordinance or measure proposed by such initiative petition or the ordinance or measure referred by such referendum petition, is to be held, and shall place on such petition, after his name, the date of signing, his place of residence including street and number, if any, and the ward and precinct. Each part of such petition shall contain the affidavit of the person soliciting the signatures to the same, which affidavits, shall contain a statement of the number of signers of such part of such petition and shall state that to the best of his knowledge and belief each of the signatures contained on such part is the genuine signature of the person whose name it purports to be, and believes that such persons are electors of the municipal corporation and that they signed such petition with knowledge of the contents thereof.
The petitions and signatures upon such petitions shall be prima facie presumed to be in all respects sufficient. No ordinance or other measure submitted to the electors of any municipal corporation and receiving an affirmative majority of the votes cast thereon, shall be held ineffective or void on account of the insufficiency of the petitions by which such submission of the same shall have been procured, nor shall the rejection by a majority of the votes cast thereon, of any ordinance or other measure, submitted to the electors of such municipal corporation, be held invalid for such insufficiency. The basis upon which the required number of petitioners in any case shall be determined shall be the total number of votes cast for the office of mayor at the last preceding election therefor.
History :-102 v. 521 ; 103 v. 212.
An initiative petition which includes a correct copy of the title and text of a proposed ordinance is sufficient to authorize the submission thereof to the people is the requirements of the statute in other respects are complied with: Cincinnati v. Hillenbrand, 103 O. S. 286.
General Code $ 4227-4, which requires the date of the signing of a referendum petition to be stated in the petition by the petitioner, does not require that such signature should be on any particular date, and such signatures are valid if made at any time after the original passage of a resolution declaring the necessity of a street improvement and before the filing of the petition : Hamilton v. Greevey, 9 Ohio App. 221.
The provision of G. C. $ 4227-4, requiring each part of a petition for a municipal referendum to contain an affidavit that the petitioning electors signed such petition with knowledge of the contents thereof, is mandatory : 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, 19 (). L. B. & R.. 172].
Section 4227-4, General Code, provides that any initiative or referendum petition may be presented in separate parts but each part of any initiative petition shall contain a full and correct copy of the title and text of the proposed ordinance or other measure. An initiative petition which includes a correct copy of the title and text of a proposed ordinance is sufficient to authorize the submission thereof to the people if the requirements of the statute in other respects are complied with. *103 O. S. 286.
Sec. 4227-6. Copy of Proposed Ordinance or Measure Filed With Auditor or Clerk. Whoever seeks to propose an ordinance or measure in a municipality by initiative petition or file a referendum petition against any ordinance or measure shall before circulating such petition file a duly verified copy of the proposed ordinance or measure with the city auditor, if it be a city, or with the village clerk, if it be a village.
History:-104 v. 240.
The provision of section 4227-6, G. C., that a duly verified copy of an ordinance shall be filed with the city auditor or village clerk before circulating a referendum petition, is mandatory and jurisdictional. Op. Atty. Gen. (1919),
Sec. 4227-7. Words Which Shall be Printed in Red. At the top of each part of the petition the following words shall be printed in red
Whoever knowingly signs this petition more than once, signs a name other than his own, or signs when not a legal voter is liable to prosecution.
History:-104 v. 240.
Sec. 4227-8. Designating Committee as Filing Petition. The petitioners may designate in any initiative or referendum petition a committee of not less than three of their number, who shall be regarded as filing the petition. After a petition has been filed with the city auditor or village clerk it shall be kept open for public inspection for ten days. If, after a petition proposing an ordinance or other measure has been duly filed with the city auditor or village clerk as the case may be, the proposed ordinance or other measure, or a substitute for the proposed ordinance or measure approved by the committee herein mentioned, is passed by the legislative body of the municipality, the majority of the committee shall notify the board of deputy state supervisors of elections in writing and such proposed ordinance or measure shall not be submitted to a vote of the electors.
If, after a duly verified referendum petition has been filed against any ordinance or measure, the legislative body of the municipality repeals such ordinance or measure, or such ordinance or measure is held to be invalid, the board of elections shall not submit such ordinance or measure to a vote of the electors.
History:-104 v. 240.
Sec. 4227-9. Sworn Itemized Statement by Circulator. (1) The circulator of an initiative and referendum petition or his agent, shall within five days after such petition is filed with the city auditor or village clerk, file a sworn itemized statement showing in detail:
(a). All moneys or things of value paid, given or promised for circulating such petition.
(b) Full names and addresses of all persons to whom such payments or promises were made.
(c) Full names and addresses of all persons who contributed anything of value to be used in circulating such petitions.
(d) Time spent and salaries earned while circulating or soliciting signatures to petitions by persons who were regular salaried employes of some person and whom said employer authorized to solicit signatures for or circulate said petition as a part of their regular duties.
(2) The statement provided for in this section shall not be required from persons who take no other part in circulating a petition than making affidavits to parts of the petition and soliciting signatures to the same.
(3) Such statement shall be open to public inspection for a period of one year.
History:-104 y. 240.
Sec. 4227-10. Practices Prohibited Relative to I. and R. Petitions. Whoever directly or indirectly:
(1) Wilfully misrepresents the contents of any initiative or referendum petition; or
(2) Pays or offers to pay any elector anything of value for signing an initiative or referendum petition; or
(3) Promises to help another to obtain appointment to any office provided for by the constitution or laws of Ohio or by ordinances of any municipality, position or employment in the services of the state or any political subdivision thereof as a consideration for obtaining signatures to an initiative or referendum petition; or
(4) Obtains signatures to any initiative or referendum petition as a consideration for the assistance or promise of assistance of another person in securing an appointment to any office or position provided for by the constitution or laws of Ohio or by the ordinance of any municipality therein; or employment in the service of the state or any subdivision thereof; or
(5) Alters or adds to or erases any signatures or names, on the parts of a petition after such parts have been filed with the auditor or village clerk; or
(6) Fails to file the sworn itemized statement required in section 4227-9 of the General Code, shall upon conviction be fined not less than one hundred dollars nor more than five hundred dollars.
History :-104 v. 241; 106 v. 443.
Sec. 4227-11. Penalty. (1) Whoever knowingly signs an initiative or referendum petition more than once, signs a name other than his own, or signs when not a legal voter, shall, upon conviction be fined not more than one hundred dollars.
(2) Whoever accepts anything of value for signing an initiative or referendum petition shall upon conviction be fined not to exceed twenty-five dollars.
(3) Whoever sells, purchases, steals, attempts to steal, or wilfully destroys or mutilates an initiative or referendum petition which is being or has been lawfully circulated shall upon conviction be fined not more than five hundred dollars or imprisoned in the penitentiary for not more than five years.
(4) Whoever directly or indirectly, by intimidation or threats, influences or seeks to influence any person to sign or abstain from signing, or to solicit signatures to or abstain from soliciting signatures to an initiative or referendum petition shall, upon conviction, be fined not more than one hundred dollars.
History :-104 v. 241.
Sec. 4227-12. Provisions Don't Apply to Municipality Adopting Charter. The provisions of sections 4227-1 to 4227-13 inclusive shall not apply to any municipality that has or may hereafter adopt its own charter which contains an initiative and referendum provision for its own ordinances and other legislative measures.
History :-104 v. 241.
Sec. 4227-13. Penalty. Corrupt practices as defined in this act shall be punished as provided in section 13323-1 of the General Code.
5649-5. Proceedings when maximum rate insufficient. 5649-5a. Vote; notice; ballot; result. 5649-5b. Result; maximum levy fifteen mills. 5649-6a. Taxing authorities permitted to remove interest and sinking fund
levies from limitations on tax rates on majority vote of electors. 5649-6b. Rate may run during life of bonds.