Apportionment of property fun is and indectedness. Additional method. Incorperation Conduct of election; ballots. DETACHMENT OF TERRITORY. vance as a condition precedent to the taking by them, or either of them, of any step herein provided for. (106 v. 301. SECTION 3577-2. When territory is so detached, an apportionment of the property, funds and indebtedness of said village, shall be made between said village and said detached territory upon the basis of the respective tax duplicates in said village after such detachment, and in said detached territory. All water pipes and sewers laid either in said village or in said detached territory, shall be considered as property within the meaning of that term, as herein used, in so far as said water pipes or sewers have been paid for out of the general funds of the village. If the village authorities and the publie authorities in control of said detached territory are unable to agree upon such apportionment, it shall be made by the probate court, upon application by either the authorities of the village or the authorities in eontrol of the detached territory. (106 v. 301.) SECTION 3577-3. The method of detachment herein provided for shall be in addition to all other methods provided by law. (106 v. 301.) INCORPORATION FOR POLICE PROTECTION. SECTION 3545. Any territory requiring police protection and containing a population of not less than fifty persons and immediately surrounding a summer resort, park, lake or pienic ground, kept regularly for such outing and pleasure, may incorporate by setting up notices of an election in three of the most public places in the territory proposed to be included in the corporation signed by five citizens and electors of the territory. Such notices shall be posted at least ten days before the election, stating time and place where the election shall be held, and shall contain an accurate description of the territory proposed to be taken into the corporation. (R. S. Sec. 1566a.) SECTION 3546. The election shall as far as practicable be conducted in the manner prescribed for the election of township officers. The electors present shall choose three judges and two clerks from the electors present to act as judges and clerks of such election, and the ballot shall contain the words: "For incorporation" and "Against incorporation." If the majority of the ballots cast at such election contain the words "For incorporation," it shall be deemed that the citizens of such designated territory have assented to such incorporation. If the majority of the ballots cast at such election contain the words "Against incorporation," it shall be deemed that the people of such designated territory have not assented to the incorporation thereof. All laws governing the creation and regulation of incorporated villages shall have full force and effect insofar as they are not inconsistent and do not conflict with the provisions of this chapter. (R. S. Sec. 1566a.) BONDS TO CONSTRUCT AND EQUIP ELECTRIC CANAL AND OTHER PROPERTY. SECTION 3697-1. For the purposes and in the manner and in the amounts hereinafter specified, when it deems necessary, the council of any municipal corporation which has leased from the state of Ohio any canal lands or property, by affirmative vote of not less than a majority of the members elected thereto, by ordinance may issue and sell bonds in such amounts and denominations, for such period of time at such rate of interest not exceeding six per cent, and in the manner as provided by law, to provide for the construction in, through, under, on or upon such canal lands, or part thereof, together with streets and lands outside of such canal lands, whether within or without the limits of such municipal corporation, of a union depot and terminals for interurban, suburban, street and other electric railways, or for the construction of interurban or suburban or street or rapid transit electric railways, or for any combination of two or more of such purposes. (103 v. 848.) SECTION 3697-2. The aggregate amount of such bonds or total indebtedness created under the authority of this act shall not be limited by the provisions of any act or statute of Ohio or law except by the limitation herein set forth, but such aggregate or total indebtedness shall not exceed two per cent of the total value of all property in such municipal corporation as listed and assessed for taxation. (103 v. 848.) SECTION 3697-3. No ordinance providing for the issuance of any of said bonds shall be passed until the approval of the electors of the corporation is obtained at a general election or at a special election called by the city council for the purpose, and held not less than sixty (60) days after the passage of the following described resolution by council. When council deems it necessary to issue any of said bonds, it shall first by resolution, passed by an affirmative vote of not less than a majority of all the members elected thereto, declare it necessary to issue and sell such bonds and shall state in the resolution the purpose and amount of the proposed issue and the date upon which the question of issuing and selling such bonds shall be submitted to the electors of the corporation. Council shall then cause a copy of such resolution to be certified to the deputy state supervisors of elections of the County in which the corporation is situated, or their 8-E. L. 13 seb railmad or he Der provided in the Spombor Shot. An adinite gumiring the mayor of the munisipality to feed on lease the land shall be passed. In the ordinanse sonnet shall is by metes and bounds the amount of land to be sold lessed or exchanged, the quantity of interest sold, leased or enhanced, and the ecnsideration to be paid or exchanged therefor by such railroad or railroads, and in the ordinance shall call thereon a special election, to be held upon a day fixed by such ordinance, not less than thirty days from the passage thereof. (98 v. 165 324.) SECTION 3702. A majority of all the votes cast on such proposition shall be necessary to its ratification. When so ratified, the ordinance shall be effective, and the mayor shall proceed to execute a deed of conveyance or lease of the property as therein provided. In holding such special election, the provisions of law for submission of the ques GRANT OF FRANCHISES-ELEVATED RAILROADS. tion of issuing bonds in excess of four per cent taxable property of the municipality, shall apply. 165 § 24.) GRANT OF FRANCHISES. of the mitted to vote. SECTION 3772. If, within thirty days after the passage when franchise of an ordinance granting a franchise, extension or renewal shall be subthereof, to a street railroad, there is presented to the council or filed with its clerk a written petition signed by fifteen per cent of the qualified electors of such municipality, to be determined by the highest number of votes cast for the mayor of the municipality at the last preceding municipal election, requesting such ordinance to be submitted to a vote of the electors thereof, the ordinance shall not become operative until it has been so submitted and has received a majority of the votes cast thereon. (99 v. 104 § 30a.) elec How the tion shall be SECTION 3773. The council by resolution shall provide that such vote be taken at a special election or at the conducted. next municipal election, and shall cause a copy of such resolution to be certified to the board of deputy state supervisors of the county in which such municipal corporation is situated, which board shall thereupon prepare the ballots. and make all other necessary arrangements for the submission of such question at the time fixed in the resolution. Such election shall be held at the regular place or places of voting in such municipality and shall be conducted, canvassed and certified in the same manner as the election of officers thereof. (99 v. 104 § 30a.) SECTION 3774. Thirty days' notice of such submission shall be given by the mayor of the municipality in two newspapers of opposite politics printed therein, once a week for four consecutive weeks, stating the object and purpose, and the time and place of holding such election. Those voting in favor of the proposition shall have written or printed on their ballots the words "For the franchise," and those voting against it shall have written or printed on their ballots the words "Against the franchise." (99 v. 104 § 30a.) ELEVATED RAILROADS. SECTION 9148. Every railroad, street railroad company, suburban railroad company or interurban railroad company, to whom a grant has been made as above provided shall notify in writing the authorities making the grant of its rejection or acceptance of the grant at a time fixed by them at the time of making the grant. If after a grant has been made as above provided, and accepted by any railroad, street railroad company, suburban railroad company or interurban railroad company, within sixty days after such acceptance there is filed with the mayor of the Notice of the of ballot. election; form Submission of BONDS FOR GAS WORKS. eity making the grant a petition protesting against it and signed by such a number of the electors of the city qualified to vote at the last preceding general election, as equals ten per cent of the number of votes cast for mayor at the last preceding election for mayor, he shall certify such fact to the proper election officials. (R. S. Sec. 3283d.) SECTION 9149. The officials in charge of such general grant to electors, election, in accordance with the statutes relating to elections, shall arrange, provide for and conduct the submission of such question to such electors. The question whether the grant shall be made shall be submitted to the electors of such eity at the next succeeding general election occurring more than thirty days after the expiration of such sixty days. The ballots at such election if the grant be for the construction of elevated tracks shall read "Elevated Railroad Grant-Yes". "Elevated Railroad Grant-No". If the grant be for the construction of underground tracks they shall read "Underground Railroad Grant-Yes". "Underground Railroad Grant-No". If the grant be for the construction of partly elevated and partly underground tracks, they shall read "Elevated and Underground Railroad Grant-Yes". Elevated and Underground Railroad Grant-No". If at such election a majority of the votes cast on such question be against such grant, it shall be ineffective and void. (R. S. Sec. 3283d.) Bonds for improving natural gas works. Question of Issue to vote. BONDS FOR GAS WORKS. SECTION 3933. The council of a municipal corporation may issue and sell bonds in the manner provided by law, at a rate of interest not to exceed six per cent, when such council by an affirmative vote of not less than twothirds of the members elected or appointed thereto by resolution or ordinance, deems it necessary for the purpose of extending, enlarging, improving, repairing or securing a more complete enjoyment of any natural gas works owned by such corporation. (95 v. 478 § 1.) SECTION 3934. Before such bonds are issued, the questo be submitted tion of issuing them shall be submitted to the voters of the municipal corporation at a general or special election, when the council thereof, by resolution or ordinance, passed by an affirmative vote of not less than two-thirds of all the members elected or appointed thereto, declares it necessary to issue and sell bonds for any such purposes. It shall fix by such resolution or ordinance the date upon which the question shall be so submitted and shall cause a copy of such resolution or ordinance to be certified to the deputy state supervisors of the county in which such municipal corporation is situated. (97 v. 237 § 2.) |