Acts of the State of Ohio

Contract between whom; payment; suits to enforc assessments.

When two or more bids equal, etc.

In case of col

be accepted; but the board may at its discretion accept any bid for both labor and material, which may be the lowest aggregate cost of such improvement or repairs.

7th. The contract shall be between the corporation and the bidder, and the corporation shall pay the contract price for the work in cash; provided, however, that the contract price may be paid in assessments, as the board in its discretion may have previously determined; and suits to recover or enforce such assessments may be brought in the name of the corporation.

8th. If two or more bids are equal in the whole or any part thereof, and are lower than any others, either may be accepted; but in no case shall the work be divided between them.

9th. When there is reason to believe that there is collusion or com- lusion or combination among the bidders or any number of them, the bids of those concerned therein shall be rejected.

bination.

Proceedings when assessments to be made for improvements.

Removal of garbage, cleaning of streets, etc.

Execution and filing of contracts.

Annual state

ments:

Sec. 1707d-10. In any case where assessments are to be made for the improvement, the board shall transmit to council with its recommendation, a resolution or ordinance, as the case may be, declaring the necessity of such improvement, or providing therefor, and at the same time shall submit to council an estimate of the cost thereof. Upon the passage by council of the resolution or ordinance, or both where both are required to be passed, it shall be the duty of the board to advertise for proposals in accordance therewith, for a period of at least ten days in two newspapers of opposite politics and of general circulation in such city, to do the work or furnish the material required, or both, and the board shall award the contract to the lowest responsible bidder, or reject all bids; but no contract shall be awarded to any bidder, the cost of which shall exceed the estimate submitted to council.

Sec. 1707d-11. The board may, at any time, when, in their judgment, the best interests of the city will be subserved, advertise for proposals for the removal of ashes, garbage and dead animals, and for the cleaning of the streets, avenues, alleys, lanes, sewers, drains, culverts, streams and watercourses of the corporation and under the control of the city; when the board determines to contract for such removal or cleaning, it shall advertise for sealed proposals to perform the work, in some newspaper of general circulation within said city, for a period of ten days, and shall contract with the lowest responsible bidder to perform said contract; and for the faithful performance of the same shall demand such security as in its judgment it shall deem proper, or may reject any or all of such proposals or bids.

Sec. 1707d-12. The presiding officer of the board shall execute all contracts, attested by the city comptroller and under his seal, in the name of the city, and file them in the office of the board.

Sec. 1707d-15. The board of city affairs shall furnish to the city council on or before the first Monday in April of each year, the following statements:

money needed

1st. A statement containing an approximate and de- Estimate of tailed estimate of the money needed to pay all lawful ex for current penses of the city and its several departments, officers and year. institutions, for the current fiscal year; and in calculating the amount of money needed, they shall take into account the money then in the treasury, as well as that collectible in June following, and also the probable proceeds from the tax levy of that year, as they shall estimate the same as hereinafter required, and all other sources of revenue to the city. They shall be equally careful to avoid surpluses and deficits, and shall treat as means available for the current expenses the June and December collections, as as under the law and usages they have a right to presume them to be in the treasury, without waiting for their subsequent distribution to the respective funds.

soon

2d. A statement estimating the total percentage they deem necessary to be levied in that year, so as to provide sufficient means for paying the city expenses for the current year, and they shall also report in said statement to what funds and in what proportions said total levy should, in their opinion, be apportioned as general and special levies; and the board of city affairs is hereby authorized to call upon any -city officer for such information as they may deem necessary to the discharge of their duties, and it is made the duty of such officers to furnish the information required.

Sec. 1707d-16. In all cities of the second grade of the second class, to enable the board of city affairs to estimate correctly the levies and apportionments, as provided in the preceding section, all city officers and heads of departments shall report to the board of city atlairs on or before the first Monday of March in each year, the amount of money needed for their respective wants for the ensuing year, and the board of city affairs shall revise such estimates as they deem proper, and shall reduce them so as to prevent unnecessary expenditure.

Sec. 1707d-17. On or before the tenth day of May of each year the council shall determine the percentage to be levied for the several purposes allowed by law upon the real and personal property in the corporation returned on the grand levy, and forthwith submit the same to the board of city affairs; within ten days after such submission the board shall return the same to the council with their approval or rejection, and the board may approve part and reject part; in case of rejection the reason shall be given; the parts rejected by the board shall not become valid levies.

Estimate of levied for current year.

taxes to be

Annual esti

mates of
revision.

money needed;

Submission and approval tax levy.

or rejection of

of levy for cer

Sec. 1707d-18. The board of city affairs may anticipate Anticipation the tax authorized to be levied for street cleaning purposes, tain purposes. street improvement, and for general revenue purposes, by temporary loans; but no loan, including the interest thereon, shall be made in excess of the gross amount of revenue raised by taxation for expenditure for such purposes during the then current year; and the taxes so anticipated, when paid into the treasury, shall he first applied to the payment of such loan.

Limitation of appropriations

transfer and use of funds.

Sec. 1707d-19. The board of city affairs shall not make. and contracts; any appropriations nor contract debts or obligations for either of the purposes specified in the tax levy, as provided in section 1707d-15, exceeding the amount of taxes and revenue from other sources for the current year received for such purposes; and the money belonging to one fund shall not be transferred to another, nor be used for any purpose except for which it was collected or received.

Approval of resolutions, ordinances, orders and contracts.

Approval of

penalty for recording unapproved.

Sec. 1707d-20. No resolution or ordinance recommended to and amended in council shall take effect until approved by the board of city affairs; and no resolution or order involving the expenditure of money, or ordinance, order or resolution for the expenditure of money, no contract for the expenditure of money, or for the granting or extension of any franchise, or creating any right, or for the purchase, lease, sale or transfer of property, which shall have passed council, shall take effect until approved by the board; and for such final approval every such ordinance, order, resolution or contract shall be submitted to the board.

Sec. 1707d-21. All plats or maps of lots of ground in plats or maps; cities of the second grade of the second class, shall be approved by the board of city affairs before being approved by the council; and any county recorder who records such map or plat without having the approval of the board of city affairs indorsed thereon shall be guilty of an offense and be fined in any sum not exceeding five hundred dollars.

Salaries of officers and appointees.

Removals.

City comptroller: appointment; term; bond; salary.

Records and

fice of city auditor abolished.

Sec. 1707d-22. The board of city affairs shall fix the salary and compensation of all officers and appointees of cities of the second grade of the second class, not otherwise provided for, and shall forthwith transmit a statement thereof to council.

Sec. 1707d-23. A member of the board of city affairs may be removed from office for incompetency, neglect of duty or unfaithfulness of trust by a vote of three-fourths of the members elected to the council.

Sec. 1707d-24. The city comptroller shall be appointed for two years, and before entering upon the duties of his office shall give bond to the satisfaction of the board of city affairs, in a sum of not less than ten thousand dollars, conditioned for the faithful performance of his duties, and he shall receive such salary, payable monthly, as the board may determine.

Sec. 1707d-25. Upon the appointment of the city compdocuments; of troller, he shall take possession of, when duly qualified, all records, books, papers, vouchers and documents in his possession pertaining to his office, and thereupon the office of city auditor shall be abolished.

General pow

of city comptroller.

Sec. 1707d-26. The city comptroller shall have power ers and duties to administer oaths and take affidavits, and such other powers and perform such other duties as may be prescribed by law or by ordinance, not incompatible with the nature of his office; he shall be general accountant of the city, and shall receive and preserve in his office all

books, bonds, deeds, leases, contracts, vouchers, documents, plats and papers relating to the property, revenues, debts and credits of the city, and the same shall be subject to the inspection of all persons interested; he shall keep regular books of account, showing the transactions of the city with individuals, and the condition of its fiscal affairs; he shall open an account with the city treasurer, in which he shall charge said treasurer with the whole amount of the taxes collected, together with all sums derived from other sources, and shall credit him with all orders properly drawn upon and paid by him, which account shall be settled semi-annually on the first day of March and September, and oftener if required by the board of city affairs.

claims.

Sec. 1707d-27. No claim against the corporation shall Payment of be paid by the treasurer except upon the warrant of the city comptroller, countersigned by the president of the board of city affairs, and all boards of trustees, directors or commissioners, having charge of the expenditures of city funds, except the board of police directors, the board of fire commissioners, and water-works trustees, shall certify claims against their respective departments to the city comptroller for payment; but no warrant shall be drawn for any bill or claim against the city until properly approved, and unless there be money actually in the treasury to pay the same.

annual report.

Sec. 1707d-28. The fiscal year of the city comptroller Beginning of shall commence on the first day of March, and on or before fiscal year; the third Monday of March of each year he shall make and report to the board of city affairs and the council, an account of the receipts and expenditures of the city for the preceding fiscal year, stating whence the money was received, for what purposes expended, and the exact condition of the several funde, with the indebtedness of the city.

cial state-
ments:

Sec. 1707d-29. The city comptroller shall furnish to the Annual finan-board of city affairs and the council, on or before the third Monday of April of each year, the following statements:

1st. A statement showing the balance standing to the Balances. credit or debit of the several funds on the city balance-sheet at the end of the last fiscal year, immediately preceding the first Monday in April.

A statement showing the monthly expenditures out Monthly exof each fund in the twelve months, and the monthly expendi- penditures. ture out of all the funds in the twelve months of the fiscal year preceding said first Monday in April.

ditures.

appointment;.

3d. A statement showing the annual expenditure from Annual expen-each fund for each year for the five fiscal years preceding said day. Sec. 1707d-30. The board of city affairs may appoint Assistants: necessary assistants to the city comptroller, fix their compen- compensation:: sation and require them to give bond for the faithful perform- bond; absence ance of their duties; and in the absence or disability of the city comptroller, the board may appoint some person to perform the duties of his office.

or disability.

Limitation of appropriations

transfer and use of funds.

Sec. 1707d-19. The board of city affairs shall not make and contracts; any appropriations nor contract debts or obligations for either of the purposes specified in the tax levy, as provided in section 1707d-15, exceeding the amount of taxes and revenue from other sources for the current year received for such purposes; and the money belonging to one fund shall not be transferred to another, nor be used for any purpose except for which it was collected or received.

Approval of resolutions, ordinances, orders and contracts.

Approval of

penalty for recording unapproved.

Sec. 1707d-20. No resolution or ordinance recommended to and amended in council shall take effect until approved by the board of city affairs; and no resolution or order involving the expenditure of money, or ordinance, order or resolution for the expenditure of money, no contract for the expenditure of money, or for the granting or extension of any franchise, or creating any right, or for the purchase, lease, sale or transfer of property, which shall have passed council, shall take effect until approved by the board; and . for such final approval every such ordinance, order, resolution or contract shall be submitted to the board.

Salaries of officers and appointees.

Removals.

City comptroller: appointment; term; bond; salary.

Records and

documents; office of city auditor abolished.

General pow

of city comp

troller.

Sec. 1707d-25. Upon the appointment of the city comptroller, he shall take possession of, when duly qualified, all records, books, papers, vouchers and documents in his possession pertaining to his office, and thereupon the office of city auditor shall be abolished.

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Acts of the State of Ohio, Volumen89