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pursuance of this title, shall thereby and thereafter be deemed to have consented, and shall be held to be a corporation, and to have and exercise all and singular its franchises under the

present constitution and the laws passed in pursuance thereof, Fire insurance and not otherwise; provided, that any fire

pany so created, complying with the requirements of sections three thousand six hundred and fifty-four, and three thousand six hundred and fifty-five, or of any police regulation contained in chapter eleven of this title, or in chapter eight of title three, part first, shall not be deemed to have consented, and shall not be affected by the provisions of this section by

reason of such compliance. Repeals.

SECTION 2. That said original section 3234 as amended May 18, 1886, is hereby repealed, and this act shall take effect and be in force from and after its passage.

Speaker of the House of Representatives,

President of the Senata
Passed March 8, 1892.


[Senate Bill No. 58.]


Board of education (Cleve. land).

To provide for the reorganization of boards of education in city districts

of the second grade of the first class. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That boards of education in city districts of the second grade of the first class shall consist of a school council and a school director.


Schoolcouncil: how constituted and


SECTION 2. The legislative power and authority shall

be vested in the school council, which shall consist of seven elected ; meet- members, to be elected by the qualified electors residing in inge.

such district, and which shall meet at such times as required by law for the meeting of the board of education in such

districts. No resolution levying a tax shall be adopted unless levying tax.

the resolution, together with the estimates on which the same is based, has been submitted to and approved by the board of tax commissioners in the city located in full or in part in such districts.

SECTION 3. The first election for such council shall be held on the first Monday of April, 1892, at which election three members of the council shall be elected for a term of two years and their successors shall be elected at the annual municipal election for 1894, and biennially thereafter, and four members of the council shall at such election in 1892 be elected for a term of three years and their successors shall be elected at the annual municipal election of 1895 for a term

Schoolcouncil: election and term.

of two years and biennially thereafter, and all members of
the council shall serve until their successors are elected
and qualified. The council shall organize annually by President and
choosing one of their members president, also a clerk whó clerk.
sball not be a member thereof, and who shall be clerk of the
board of education. And he shall receive a salary to be fixed Salary of clerk.
by the council, which shall not exceed two thousand dollars
($2,000.00) per year.

SECTION 4. Every legislative act of the council shall be Resolutions ;
by resolution. Every resolution involving an expenditure of presentation
money or the approval of a contract for the payment of director.
money, or for the purchase, eale, lease or transfer of property,
or levying any tax, or for the change or adoption of any text-
book, shall, before it takes effect be presented, duly certified
by the clerk, to the school director for approval. The direct- Director's ap-
or, if he approve such resolution, shall sign it; but if he does proval; return
not approve it he shall return the same to the council at its when vetoed.
next meeting, with his objections, which objections the coun-
cil shall cause to be entered upon its journal, and if he does Failure to re-
not return the same within the time above limited, it shall tumited time
take effect in the same manner as if he had signed it; pro- Resolution ap-
vided, that the director may approve or disapprove the whole, propriating
or any item or part of any resolution appropriating money;
and further provided, that any item disapproved shall have
no bearing or connection with any other part of such resolu-
tion. When the director refuses to sign any such resolution Reconsidera-
or part thereof, and returns it to the council with his objec-
tions, the council shall forthwith proceed to reconsider it;
and, if the same is approved by a vote of four-fifths of all the passage over
members elected to the council, it shall then take effect as if director's veto.
it had received the signature of the director; and in all such Yeas and nayo;
cases the votes shall be taken by yeas and nays and entered
on records of the council.

SECTION 5. The council shall have power to provide for Teachers and the appointment of all necessary teachers and employes and emplojes. prescribe their duties and fix their compensation. It shall Libraries ; also have the same powers and perform the same duties in manual and relation to the library board and manual and domestic train- ing schools. ing schools as are now vested in and exercised by the boards of education of city districts of the second grade of the first class.


tion by council.


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School di

tion and

SECTION 6. The school director shall be elected by the qualified electors of the district, and, except as otherwise rector: elecprovided in this act, all the powers heretofore vested in and performed by the board of education in such districts, sball be vested in and performed by him.

SECTION 7. The first election for such director shall be first election; held on the first Monday of April, 1892, and the director so elected shall serve until his successor is elected and qualified; subsequent and such successor shall be elected at the time of the annual elections. municipal election for 1894, and biennially thereafter.



Duties. S-lary.



ent of instruc-

SECTION 8. The director shall devote his entire time to the duties of his office, and shall receive an annual salary of five thousand ($5,000) dollars, payable monthly out of the school funds of the district; and before entering upon the discharge of tbe duties of his office shall give bond for the faithful performance thereof in the sum of twenty-five thousand ($25.000) dollars, with not less than two sureties to be approved by the board, which bond shall be deposited with the clerk within ten days from date of election, and preserved by him.

SECTION 9. In case of any vacancy in the office of scł ool director or member of the council, the council may, by the v te of the majority of all the members elected, fill such vacancy until ihe next annual municipal election occurring more than thirty days after such vacancy occurs, when the same shall be filled by election for unexpired term.

SECTION 10. The school director shall, subject to the approval of and confirmation by the council, appoint a superintendent of instruction, who shall remain in office during gord behavior, and the school director may at any time, for suflicient cause, remove him; but the order for such removal shall be in writing, specifying the cause therefor, and shall be entered upon the records of his office; and he shall forthwith report the same to the council, together with the reasons there for. The superintendent of instruction shall have the sole power to appoint and discharge all assistants and teachers authorized by the council to be employed, and shall report to the school director in writing annually, and oftener if required, as to all matters under his supervision, and may be required by the council to attend any or all of its meetings; and except as otherwise provided in this act, all employes of the board of education shall be appointed or employed by the school director. He shall report to the council annually, or ostener if required, as to all matters under his supervision. He shall attend all meetings of the council and may take part in its deliberations, subject to its rules, but shall not have the right to vote.


Powers and duties.

Powrs and duties of director.


Auditor of board.

SECTION 11. The city auditor of the city located in whole

or in part in such district, shall be the auditor of the board of Genı ralduties. education of such district. He shall keep an accurate account

of all taxes levied for school purposes, and of all moneys due to, received and disbursed by the board; also of all assets and liabilities of, and all appropriations made by the school council, and shall receive and preserve all vouchers for payments and disbursements made to or by the board.

SECTION 12. He shall issue all warrants for the pay

ment of money from the school funds, but no warrant shall Approval of

be issue I for the payment of any claim until such claim is approved by the chool director, except the pay-roll for assis ants in schon! work and teachers, which shall be approved hy the president and clerk and the superintendent of instruc

Warrants for money.


ment of claims.


SECTION 13. Whenever a claim shall be presented to Evidence as to the auditor, he shall bave power to require evidence that accu incy and the amount claimed is justly due and is in conformity to claims. the law, and for that purpose be may summon before him any officer, agent or employe of the board, or any otber person, and examine him on oath or affirmation relative thereto, which oath or affirmation be may administer.

SECTION 14. No money shall be drawn from the treasury Appropriaexcept in pursuance of appropriations made by the school tions for paycouncil, and whenever an appropriation is made by the council the clerk shall forth with give notice thereof to the auditor and treasurer. No appropriations sball be made for a longer period than for the end of the current year, and at the end of each year, all the unexpended balances of appropriations shall revert to the school fund.

SECTION 15. If the auditor shall draw a warrant for any Individual liaclaim contrary to law, he and his sureties shall be individually budiyor

auditor and liable for tbe amount of the same.

SECTION 16. The auditor shall submit to the council, Auditor's reannually, and oftener if required by it, a report of the poris. accounis of the board, verified by his oath, exhibiting the revenues, receipts, disbursements, a seets and liabilities of the board, the sources from which the revenues and funds are derived, and in what manner the same have been disbursed. He shall give bond for the faithful discharge of his duties in Eond. the sum of twenty thousand ($20,000) dollars, with not less than two eureties, and wbich shall be approved by the council and filed with the clerk. The auditor shall receive Compensation; no compensation for his services as auditor, but the council ussistants. shall provide for the appointment of such assistants for the auditor as it sball deem necessary, and fix their compensation, which shall be paid monthly out of the school funds; but such assistants shall be appointed by the auditor.

Section 17. All money due to the board shall be paid Moners due to the treasurer upon the warrant of the auditor, which alone sball be sufficient to authorize such payment; no person except the treasurer shall collect or receive any moneys due the board, and any payments made, except to such treasurer, and any receipt given therefor by any person shall be void as against the board.

SECTION 18. The office of auditor of the board of edu. Omiceofcertain cation as provided by section 3980 of the Revised Statutes is hereby abolished; to take effect upon the organization of the board of education, as herein provided.


a bolished.


SECTION 19. No contract, agreement or obligation shall when contract, be binding upon the board unless an appropriation there. etc., binding. for shall have been first made by the council.

SECTION 20. All contracts involving more than two when to be in hundred and fifty ($250) dollars in amount shall be in writing, etc. writing, executed in the name of the board of education by

Limit of con-
tracts and
purchases di-
rector Day

when cost of

ceeds fiftien
hundred dol-
lars; excep-

Bids: adver-
tisement for.

ing and record-


the school director and approved by the council. When
money therefor has been appropriated by the council, the
school director may make contracts and purchases not ex-
ceeding two hundred and fifty ($250) dollars in amount at
any one time, but all such contracts shall be forth with

reported to the auditor.

SECTION 21. When the school council determines to

build, enlarge, repair or furnish a school-house or school-

proposed im-

prorement er. houses, or make any improvement or repair, the cost of

which will exceed fifteen hundred dollars, except in cases

of urgent necessity or for the security and protection of school

property, it shall proceed as follows:

1. The school director shall advertise for bids for a

period of four weeks, once each week, in not exceeding two
newspapers of general circulation in the district; which
advertisement shall be entered in full on the records of the
school director; and all advertising shall be paid for at
not exceeding legal rates as provided in section 4366 of the

Revised Statutes.


2. The bids, duly sealed up, shall be filed with the

clerk by 12 o'clock, noon, of the last day stated in the


Opening, read- 3. The bids shail be opened by the school director at

the next meeting of the council, be publicly read by the

clerk, and entered in full upon the records of the council.

4. Each bid shall contain the name of every person

security to

interested in the same, and shall be accompanied by a suf-
ficient guaranty of some disinterested person that if the bid
be accepted a contract will be entered into, and the perform-

ance of it properly secured.

Separate esti-

5. When both labor and materials are embraced in the

work bid for, each must be separately stated in the bid with

the price thereof.

6. None but the lowest responsible bid shall be accepted,


but the school director may, at his discretion, reject ail the
bids, or accept any bid for both labor and materials which is

the lowest in the aggregate for such improvement or repair.

Acceptance of 7. Any part of a bid which is lower than the same part

pasti al desence of any other bid shall be accepted, whether the residue of the

bid is higher or not; and if it is higher, such residue shall be


8. The contract shall be between the board of educa-

tween whom;

tion and the bidders, and the board shall pay the contract

price for the work when it is completed, in cash, and make

up monthly estimates as the work progresses.

9. When two or more bids are equal in the whole or

equal, etc. in any part thereof, and are lower than any others, either

may be accepted, but in no case shall the work be divided

between the makers thereof.

10. When there is a reason to believe that there is any

collusion or combination among the bidders, or any number
of them, the bids of those concerned therein shall be rejected.


Acceptance or

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