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 That said original section 3234 as amended May 18, 1886, is hereby repealed, and this act shall take effect and be in force from and after its passage.

LEWIS C. LAYLIN,

Speaker of the House of Representatives.
ANDREW L. HARRIS,

Passed March 8, 1892.
68G

President of the Senate.

Board of edu

[Senate Bill No. 58.]

AN ACT

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 cation (Cleve 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.

land).

Schoolcouncil: how consti

tuted and

ings.

LEGISLATIVE.

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 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 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.

Resolution levying tax.

School council: election and term.

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

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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 who clerk. shall 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.

of certain to

Director's approval; return when vetoed.

to council

limited.

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, sale, lease or transfer of property, or levying any tax, or for the change or adoption of any textbook, shall, before it takes effect be presented, duly certified by the clerk, to the school director for approval. The director, if he approve such resolution, shall sign it; but if he does not approve it he shall return the same to the council at its next meeting, with his objections, which objections the council shall cause to be entered upon its journal, and if he does Failure to renot return the same within the time above limited, it shall turn in 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 resolution. When the director refuses to sign any such resolution Reconsideraor part thereof, and returns it to the council with his objec- tion by 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 nays; 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 the appointment of all necessary teachers and employes and prescribe their duties and fix their compensation. It shall also have the same powers and perform the same duties in relation to the library board and manual and domestic training schools as are now vested in and exercised by the boards of education of city districts of the second grade of the first class.

EXECUTIVE.

money.

council.

record.

Teachers and employes. Libraries; manual and ing schools.

domestic train

School di

rector: elec

tion and

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

term.

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.

Bond.

Vacancies.

Superintend

ent of instruc-
tion.
Term.

Removal.

Powers and duties.

Pow rs and

duties of director.

Auditor of board.

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 the 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 school director or member of the council, the council may, by the vote of the majority of all the members elected, fill such vacancy until the 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 good behavior, and the school director may at any time, for sufficient 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 oftener 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.

ACCOUNTS-DIRECTOR OF ACCOUNTS.

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 General duties, 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.

Warrants for
money.
Approval of
Caims.

SECTION 12. He shall issue all warrants for the payment of money from the school funds, but no warrant shall be issue or the payment of any claim until such claim is approved by the school director, except the pay-roll for assis ants in school work and teachers, which shall be approved by the president and clerk and the superintendent of instruc

Evidence as to accuracy and legality of claims.

SECTION 13. Whenever a claim shall be presented to the auditor, he shall have power to require evidence that the amount claimed is justly due and is in conformity to the law, and for that purpose he may summon before him any officer, agent or employe of the board, or any other person, and examine him on oath or affirmation relative thereto, which oath or affirmation he may administer. SECTION 14. No money shall be drawn from the treasury Appropriaexcept in pursuance of appropriations made by the school council, and whenever an appropriation is made by the council the clerk shall forthwith give notice thereof to the auditor and treasurer. No appropriations shall 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 claim contrary to law, he and his sureties shall be individually liable for the amount of the same.

tions for payment of claims.

Individual liaauditor and

bility of

sureties.

SECTION 16. The auditor shall submit to the council, Auditor's reannually, and oftener if required by it, a report of the ports. accounts of the board, verified by his oath, exhibiting the revenues, receipts, disbursements, assets 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 Bond. the sum of twenty thousand ($20,000) dollars, with not less than two sureties, and which 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 assistants. shall provide for the appointment of such assistants for the auditor as it shall 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.

board.

SECTION 17. All money due to the board shall be paid Moneys due to the treasurer upon the warrant of the auditor, which alone shall 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.

audito

abolished.

SECTION 18. The office of auditor of the board of edu- Office of certain 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.

CONTRACTS.

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

Acceptance or
rejection.

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

advertisement.

3. The bids shall 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

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.

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 all the
bids, or accept any bid for both labor and materials which is
the lowest in the aggregate for such improvement or repair.

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

part and rejec 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

rejected.

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