Div. 2. Surrender of Municip: 1 Powers; Reduction in Class. a village, and shall thereafter be known as the village of according to the fact. [72 v. 47, § 712.] Ch. 9. Surrender not to interfere with school dis- One trans- state. Not to affect incumbents of offices. Wards and ordinances unaffected. Surrender, etc, by villages and hamlets of their powers. SEC. 8. The surrender shall in no manner interfere with the organization of the school district under whatever law the same may have been organized in such corporation, and such school district shall remain wholly unaffected thereby, as though no surrender had been made. [72 v. 47, § 712] SEC. 9. The clerk shall thereupon cause two certified transcripts of the resolution to be made, one of which he shall forth with deliver to the recorder of the county, who shall record it in the proper book of records in his office, and the clerk shall forward the other to the secretary of state. [66 v. 270, § 713.] SEC. 10. All officers elected or chosen as officers of such corporation, shall continue in office and perform their duties as though no such surrender had been made, until the next regular election, and until the officers of the new corporation are elected and qualified; and the wards of such city shall remain and the ordinances thereof shall continue in force, until changed or repealed by the council of the new corporation, except so far as such ordinances may be inconsistent with the provisions relating to villages. [66 v. 270, § 714.] SEC. 11 Villages may surrender their corporate rights, or be reduced to hamlets, and hamlets may surrender their corporate rights in the same manner, so far as applicable, as is provided in the preceding sections in this chapter for the surrender of corporate rights by cities of the second class; and the duties of all officers in respect thereto and proceedings thereafter, so far as applicable, shall be the same as prescribed in the preceding section. [72 v. 47, § 715] SEC. 12. Where the petition is by the electors of a village Petition or hamlet, it shall be sufficient if signed by a majority of its electors, if such electors are less than one hundred in number; but if the electors are one hundred or more, in number, then by not less than fifty of such electors. [72 v. 47, § 715. SEC. 13. On the petition of at least two-thirds of the adult freeholders inhabiting any portion of the territory of a village, setting forth a desire to surrender their corporate rights, and be detached from the corporation, the same proceedings shall be had as are provided in this chapter, with respect to reduction in grade, as far as the same may be applicable, including a submission of the question to the legal voters of the village; but, on the reduction of the corporate limits, subsisting levies of taxes by the council shall Saving as to be collected and paid into the village treasury for the pur- taxes, etc. poses for which they were made, and the council, for paying existing indebtedness, shall, until the same is paid, retain the power of levying taxes on the taxable property within the detached territory, as if the same had not been detached; and the provisions of section fourteen and fifteen of this chapter shall govern in case of such reduction, so far as the same may be applicable. [72 v. 47, § 715.] therefor. Same proceedings as in case of cities. Div. 3. Rights and liabilities unaffected. As to increase of indebtedness. Collection and disbursement of taxes. Trustees of Hamlets; Their Powers. Ch. 1. SEC. 14. The surrender of corporate rights, as herein provided, shall not be held to affect rights accrued or liabilities incurred by such corporations, or the power to settle claims, dispose of property, or levy and collect taxes to discharge liabilities incurred, but the same shall remain in full force and effect, as also the corporate character of such municipal corporation, in respect thereto, as though no surrender had been made; provided, that when the petition is presented by a village or hamlet for the entire surrender of its corporate rights, it shall be unlawful for such corporation, or the council thereof, after the presentation of such petition to incur or create any new debt or liability, or enter into any new contract, or increase the debts or liabilities of such corporation in any manner during the pendency of the petition, and until the result of the election is declared, or thereafter if a majority of votes cast at such election is "For surrender;" and all debts or liabilities incurred, or contracts made, contrary to the provisions of this title, shall be void. [72 v. 47, § 716] SEC. 15. Taxes which, at the time of such surrender, remain due and unpaid, shall be collected, and the same and all moneys in the treasury of the city, village, or hamlet, shall be applied to the objects for which they were raised; and, in case any moneys remain on hand after the debts and liabilities of the corporation are discharged, they shall be paid into the treasury of the village or hamlet, or into the common school fund of the district embracing such corporation, as the case may be; and all property owned by the corporation at the time of the surrender, shall become the property of the new corporation, or of the school district, as the case may be, and the title thereto vest accordingly. [66 v. 270, § 717.] THIRD DIVISION: LEGISLATIVE DEPARTMENT. CHAPTER 1. TRUSTEES OF HAMLETS; THEIR POWERS. CHAPTER 2. COUNCIL AND BOARDS OF ALDERMEN. CHAPTER 3. CITIES AND VILLAGES; ENUMERATION OF POWERS. Div. 3. Trustees of Hamlets; Their Powers. Ch. 1. Trustees of hamlets. SECTION 1. The corporate authority of hamlets shall be vested in three trustees, who shall be electors residing within the corporate limits, and who shall hold their office for three years, except as herein provided, and until their successors are elected and qualified. [66 v. 157, § 47; 66 v. 159, § 58.] SEC. 2 At the first meeting of the trustees, they shall Term of determine by lot the term of service of each, so that one shall serve for one year, one for two years, and one for three years, and at every succeeding annual election, one trustee shall be elected to serve for three years, and they shall appoint from their own body a president of the board. [66 v. 158, § 48; 73 v. 170, § 49.] office. SEC. 3. The trustees shall have power to fill any vacancy Vacancy. which may happen in their own body, from the electors of the corporation, and the persons so appointed shall continue in office until the next regular election, and until his successor is elected and qualified; and any two of the trustees may transact business; but notice of any meeting for the purpose must be given to all. [66 v. 158, § 50.] SEC. 4. The trustees shall have the exclusive jurisdiction of public roads, streets, alleys, sewers, and drains, within the limits of the corporation; and they shall have power to construct and keep in repair bridges and sidewalks; lay out, establish, open, widen, narrow, improve, straighten, keep in order and repair roads, streets, and alleys; open and construct, and keep in order and repair, sewers and drains; enter upon and take for the purposes aforesaid, when necessary, land and material, and assess and collect a charge for the construction, improvement, and repair of any such road, street or alley; but if a street is vacated or narrowed, the right of way or easement of lot owners shall not be thereby impaired. [74 v. 198, § 51.] Quorum. Power over streets, etc. on such SEC. 5. No order directing the opening of a new road, Limitations street or alley, or the taking of land for the improvement, straightening or changing a road, street or alley, shall be made by said trustees, nor shall any ordinance be passed for such purpose, unless they all concur; and no order shall be made for the improvement or repair of a road, street or alley, except on the petition of two-thirds of the owners of the lots or land through or by which such road, street or alley, or part thereof to be improved or repaired, shall pass. [66 v. 158, § 52.] SEC. 6. In addition to the powers specifically granted in this title, and subject to the exceptions and limitations in other parts of it, hamlets shall have the general powers enumerated in this section, and the trustees may provide by ordinance for the exercise and enforcement of the same: 1. To protect the property and persons of the inhabitants against injuries and destruction by fire, thieves, robbers, burglars, and persons violating the public peace. 2. To suppress riots, noise and disturbance, gambling, drunken General and specific pow ers of ham t Div. 3. Power to make bylaws, etc. ness, and indecent and disorderly assemblages and conduct. 3. To punish all lewd and lascivious behavior in the streets, alleys, and other public places 4. To suppress and restrain disorderly houses and houses of ill fame. 5. To regulate and restrain ale, beer, and porter houses or shops, and houses and places of notorious and habitual resort for tippling and intemperance. 6. To regulate taverns and other houses of public entertainment. 7. To regulate or restrain theatrical exhibitions and public shows, and all exhibitions of whatever name or nature for which money is demanded or received; but public lectures on historic, literary or scientific subjects shall not come within the provisions of this section. 8. To prevent injury or annoyance from anything dangerous, offensive or unhealthy, and to cause any nuisance. to be abated. 9. To acquire real estate for public halls and school-houses, and to erect the necessary buildings thereon. 10. To protect all public buildings and property within or owned by the corporation. 11. To provide public cemeteries and for the improvement and protection thereof, and to regulate the burial of the dead. And, 12. To provide for the comfort, convenience and safety, preserve the health and peace, promote the good order and prosperity, and improve the morals of the inhabitants of the corporation. [66 v. 158, § 53] SEC. 7. The trustees shall have power to make and publish, in the same manner as other corporations, such bylaws, resolutions, and ordinances as to them shall seem necessary to carry into effect the foregoing powers, and shall have, in all respects, the like right and remedies in the enforcement of such by-laws, resolutions, and ordinances as are herein given to other municipal corporations; and all by-laws and ordinances shall require for their adoption the concurrence of at least two of the trustees, and shall only be adopted at a stated meeting of the trustees, after a notice has been given to all, proof of which shall appear on their minutes. [73 v. 199, 200, § 54.] CHAPTER 2. COUNCIL AND BOARDS OF ALDERMEN. SUBDIVISION I. Council in cities of the first and third grades of the first class. SUBDIVISION II. SUBDIVISION III. Council in villages, and cities other than cities of the first and third grades of the first class. Councils and boards of aldermen; general provisions. Common councilwhat consti tutes. SECTION 1. In cities of the first and third grades of the first class, the legislative power and authority shall be vested in a board of aldermen and a board of councilmen, which together shall form the common council. [67 v. 7, § 1; 71 v. 49, § 1.] SEC. 2. In cities of the first grade of the first class, the board of aldermen shall consist of thirty members, to be elected by districts, to serve for the term of four years; and for the purpose of electing such aldermen such cities shall be and are hereby divided into five districts, as follows: The first, second, third, fourth, and seventh wards shall Districts. constitute the first district. The fifth, sixth, eighth, ninth, and tenth wards shall constitute the second district. The eleventh, twelfth, twenty-third, twenty-fourth, and twenty-fifth wards shall constitute the third district. Board of aldermen in Cincinnati. |