Trustees of Tie vote. years; and trustees, three years; provided, that at the first new township. annual election of any new township there shall be elected three trustees, the one receiving the highest number of votes to serve three years; the one receiving the next highest number of votes to serve two years, and the one receiving the next highest number of votes to serve one year; should any two or more of those elected receive the same number of votes, they, at the first meeting of the board after their election, shall determine by lot the term for which each of them receiving an equal number of votes shall respectively hold the Treasurer and office; and provided, further, that at the next annual election after the passage of this act, and at the first election of any new township, a treasurer shall be elected for one year, and a clerk for two years, and thereafter a township treasurer and clerk shall not be elected at the same annual election. Provided, however, that in case of a vacancy in the office of either clerk or treasurer, his successor shall be elected for the unexpired term, at the next annual election thereafter, occurring more than thirty days after such vacancy shall happen. clerk. Vacancy in office of clerk or treasurer. Repeals, etc. SECTION 2. Said original section 1448, as amended March 30, 1888, is hereby repealed, and this act shall take effect and be in force from and after its passage. LEWIS C. LAYLIN. Speaker of the House of Representatives. Passed March 7, 1892. President of the Senate. Road and ments (Frankin county): [Senate Bill No. 112.] AN ACT To amend sections 1 and 5 of an act entitled "An act to authorize county commissioners in counties in which there are situated cities of the first grade of the second class to improve roads extending from such cities, and other roads or streets in certain cases," passed March 26, 1890. SECTION 1. Be it enacted by the General Assembly of the State street improve of Ohio, That sections one (1) and five (5) of an act entitled "An act to authorize county commissioners in counties in which there are situated cities of the first grade of the second class to improve roads extending from such cities, and other roads or streets in certain cases," passed March 26, 1890, be amended so as to read as follows: Extension and Improvement of roads and streets outside Columbus. Sec. 1. That in counties in which there are cities of the first grade of the second class, county commissioners shall have authority to cause any of the streets or avenues, or parts thereof of said cities which may have been paved with granite or other stone block, asphalt or other permanent material to the limit of said city, to be extended beyond the limits of said cities, and improved by paving as aforesa d, or by improving the same with such materials and in such manner as may be prayed for by the property owners in the petition as provided for by section two of this act, or to cause any other road or street within said counties to be so improved upon the following conditions, to-wit: petition. Sec. 5. Upon the day appointed for said hearing, if no Hearing of claims for damages or for appropriations have been filed, or if whatever claims have been filed are allowed by the commissioners as hereinafter authorized, the hearing may proceed, and if, upon such hearing, the county commissioners Authorizing of shall be satisfied that the owners of a clear majority of the improvement. feet front of land abutting upon said proposed improved roadway favor said improvement, and that the proposed improvements are judicious, it shall be their duty to declare action. county sur claims. claimant. Appeal to court pleas; notice; bond.' of common said improvement authorized and established, and to declare Width of road; the width of said road legalized and established, as of the record of dimensions and manner as prayed for in said petition, and to make a permanent record of their said action. When said Notification of action is taken by the county commissioners they shall im- veyor. mediately notify the county surveyor of their action; said Allowance of commissioners shall have authority to allow claims as presented or as may have been acted upon. They shall also Arbitration. have authority to sit as arbitrators, and hear all claims arising out of such proposed improvements. They may subpoena Determination witnesses and hear testimony, and upon final hearing shall of amount due find and determine the amount, if any. fairly due the claimant, or that claimant is entitled to no damages. From such finding and determination of said commissioners, any prop erty owner may appeal to the court of common pleas of said counties upon his filing with said commissioners his written notice of such appeal within five days after such finding and determination, and upon his giving bond, to be fixed by said court, within twenty days after such finding and determination, to pay all costs to be made upon such appeal, in case he does not recover upon such appeal a greater amount than such finding and determination of said commissioners award him. The award of the jury upon such appeal, including the costs thereof in case such award exceeds that found and determined by said commissioners, otherwise said costs shall be paid by the person taking such appeal, shall by the clerk of said court be certified to said commissioners and by them assessed as provided by section six of this act. vided, no appeal shall hinder or delay the making of said provement. improvement. Certification of award of jury and costs. and assessment Pro- Delay of im SECTION 2. That said sections one (1) and five (5) as Repeals. passed originally March 26, 1890, be and the same are hereby repealed. SECTION 3. This act shall take effect and be in force from and after its passage. LEWIS C. LAYLIN, Speaker of the House of Representatives. ANDREW L. HARRIS, President of the Senate Passed March 7, 1892. Trustees of Tie vote. years; and trustees, three years; provided, that at the first new township. annual election of any new township there shall be elected · three trustees, the one receiving the highest number of votes to serve three years; the one receiving the next highest number of votes to serve two years, and the one receiving the next highest number of votes to serve one year; should any two or more of those elected receive the same number of votes, they, at the first meeting of the board after their election, shall determine by lot the term for which each of them receiving an equal number of votes shall respectively hold the Treasurer and office; and provided, further, that at the next annual election after the passage of this act, and at the first election of any new township, a treasurer shall be elected for one year, and a clerk for two years, and thereafter a township treasurer and clerk shall not be elected at the same annual election. Provided, however, that in case of a vacancy in the office of either clerk or treasurer, his successor shall be elected for the unexpired term, at the next annual election thereafter, occurring more than thirty days after such vacancy shall happen. clerk. Vacancy in office of clerk or treasurer. Repeals, etc. SECTION 2. Said original section 1448, as amended March 30, 1888, is hereby repealed, and this act shall take effect and be in force from and after its passage. LEWIS C. LAYLIN, Speaker of the House of Representatives. Passed March 7, 1892. President of the Senate. Road and ments (Frankiin county): [Senate Bill No. 112.] AN ACT To amend sections 1 and 5 of an act entitled "An act to authorize county commissioners in counties in which there are situated cities of the first grade of the second class to improve roads extending from such cities, and other roads or streets in certain cases," passed March 26, 1890. SECTION 1. Be it enacted by the General Assembly of the State street improve of Ohio, That sections one (1) and five (5) of an act entitled "An act to authorize county commissioners in counties in which there are situated cities of the first grade of the second class to improve roads extending from such cities, and other roads or streets in certain cases," passed March 26, 1890, be amended so as to read as follows: Extension and Improvement of roads and Columbus. Sec. 1. That in counties in which there are cities of the first grade of the second class, county commissioners shall atreets outside have authority to cause any of the streets or avenues, or parts thereof of said cities which may have been paved with granite or other stone block, asphalt or other permanent material to the limit of said city, to be extended beyond the limits of said cities, and improved by paving as aforesa d, or by improving the same with such materials and in such manner as may be prayed for by the property owners in the petition as provided for by section two of this act, or to cause any other road or street within said counties to be so improved upon the following conditions, to-wit: Sec. 5. Upon the day appointed for said hearing, if no Hearing of claims for damages or for appropriations have been filed, or petition. if whatever claims have been filed are allowed by the commissioners as hereinafter authorized, the hearing may pro ceed, and if, upon such hearing, the county commissioners Authorizing of shall be satisfied that the owners of a clear majority of the improvement. feet front of land abutting upon said proposed improved roadway favor said improvement, and that the proposed improvements are judicious, it shall be their duty to declare action. veyor. claims. claimant. of common pleas; notice; bond. said improvement authorized and established, and to declare width of road; the width of said road legalized and established, as of the record of dimensions and manner as prayed for in said petition, and to make a permanent record of their said action. When said Notification of action is taken by the county commissioners they shall im- county sur-. mediately notify the county surveyor of their action; said Allowance of commissioners shall have authority to allow claims as presented or as may have been acted upon. They shall also Arbitration. have authority to sit as arbitrators, and hear all claims arising out of such proposed improvements. They may subpoena Determination witnesses and hear testimony, and upon final hearing shall of amount due find and determine the amount, if any. fairly due the claimant, or that claimant is entitled to no damages. From such Appeal to court finding and determination of said commissioners, any property owner may appeal to the court of common pleas of said counties upon his filing with said commissioners his written notice of such appeal within five days after such finding and determination, and upon his giving bond, to be fixed by said court, within twenty days after such finding and determination, to pay all costs to be made upon such appeal, in case he does not recover upon such appeal a greater amount than such finding and determination of said commissioners award him. The award of the jury upon such appeal, in- Certification cluding the costs thereof in case such award exceeds that of award of found and determined by said commissioners, otherwise said jury and costs. costs shall be paid by the person taking such appeal, shall by the clerk of said court be certified to said commissioners and by them assessed as provided by section six of this act. vided, no appeal shall hinder or delay the making of said provement. improvement. and assessment Pro- Delay of im SECTION 2. That said sections one (1) and five (5) as Repeals. passed originally March 26, 1890, be and the same are hereby repealed. SECTION 3. This act shall take effect and be in force from and after its passage. LEWIS C. LAYLIN, Speaker of the House of Representatives. ANDREW L. HARRIS, President of the Senate Passed March 7, 1892. School districts: Transfer of territory from one aistrict to another. Map of territory transferred. Appeal. Approval or vacation of transfer. [House Bill No. 40.] AN ACT To amend section 3893 of the Revised Statutes of Ohio. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 3893 of the Revised Statutes of Ohio be so amended as to read as follows: Sec. 3893. A part or the whole of any district may be transferred to an adjoining district, by the mutual consent of the boards of education having control of such districts; but no such transfer shall take effect until a statement or map, showing the boundaries of the territory transferred, is entered upon the records of such boards, nor, except when the transfer is for the purpose of forming a joint subdistrict, until a copy of such statement or map, certified by the clerks of the board making the transfer, is filed with the auditor of the county in which the transferred territory is situate; and any person living in the territory so transferred may appeal to the county commissioners, as provided in section thirty-nine hundred and sixty-seven, and the commissioners, at their first regular meeting thereafter, shall approve or vacate such transfer; When portion provided, however, that when a portion of a village has been attached to, and become a part of an adjoining city by annexation as provided in section sixteen hundred and fifteen, the portion of such village thus annexed to such city, shall be deemed to be thereby transferred from such village school district into such city school district, and the amount of the existing school indebtedness of such village school district shall be ascertained and apportioned by the county commissioners as provided in section sixteen hundred and fifteen; and the county auditor in the proper apportionment of the school tax for the respective school districts shall be governed by an accurate map of the territory so annexed as aforesaid; and. the boards of education of the respective school districts ritoryaun zed. shall, immediately after the passage of this act, cause to be entered upon the records of their respective boards a complete and correct description of the territory so annexed. of village attached to city. Existing indebtedness. School tax. Record of ter Repeals. SECTION 2. That original section_thirty-eight hundred and ninety-three be and the same is hereby repealed. SECTION 3. This act shall be in force from and after its passage. LEWIS C. LAYLIN. Speaker of the House of Representatives. Passed March 8, 1892. President of the Senate. |