Appropriations for Ohio university, Miami caniversity, and Wilberforce university.

[House Bill No. 199.]

AN ACT

Making appropriations for the Ohio university, the Miami university, and [for] the normal and industrial department of Wilberforce university.

Be it enacted by the General Assembly of the State of Ohio: SECTION 1. That there be and hereby is appropriated from any money raised or coming into the state treasury to the credit of the Ohio university, Miami university, and the normal and industrial department of the Wilberforce university funds, not otherwise appropriated, for the last three-quarters of the fiscal year ending November 15, 1902, and the first quarter of the fiscal year ending February 15, 1903, the following sums, to-wit:

For the Ohio university the sum of $35,000.00.

For the Miami university the sum of $25,000.00.

For the normal and industrial department of the Wilberforce university the sum of $20,000.00, and $18,300.00 to pay existing deficiencies.

And for the last three-quarters of the fiscal year ending November 15, 1903, and the first quarter of the fiscal year ending February 15, 1904, the following sums, to-wit:

For the Ohio university the sum of $35,000.00.

For the Miami university the sum of $25,000.00.

For the normal and industrial department of the Wilberforce university the sum of $20,000.00 or so much of said several amounts as may come into the state treasurer [treasury] to the credit of said funds, to be applied to the uses and purposes of [the] said universities, in accordance with the provisions of section 3951, Revised Statutes, as amended March 20, 1891 (O. L., vol. 88, p. 159), and as further amended February 26, 1896 (O. L., vol. 92, p. 40); and an act to amend section 12 of an act passed March 19, 1887, (O. L., vol. 84, p. 127), entitled "An act to aid in the establishment and maintenance of a combined normal and industrial department at Wilberforce university, Greene county, Ohio," passed April 16, 1896 (O. L., vol. 92, p. 156).

SECTION 2. This act shall take effect and be in force on its passage.

W. S. MCKINNON,

Speaker of the House of Representatives.

Passed February 18, 1902.

CARL L. NIPPERT,

President of the Senate. 12 G

[House Bill No. 178.]

AN ACT

To amend section 3959 of the Revised Statutes of Ohio, as amended
March 22d 1900, and April 16th 1900 (94 O. L., 66 and 391).

Be it enacted by the General Assembly of the State of Ohio:

SECTION I. That section 3959 of the Revised Statutes School funds: of Ohio be amended to read as follows:

levy; exceptions

Sec. 3959. Such estimate and levy shall not exceed, in Maximum of cities of the first grade of the first class, three and onefourth mills; provided, however, that the boards of education in said cities may levy one mill additional for every five thousand pupils over and above twenty-five thousand enrolled in the public schools of said cities, which levy, however, shall in no case exceed four and one-tenth mills; and in cities of the second grade of the first class such estimate and levy shall not exceed seven mills on the dol

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in addition to

lar of valuation of taxable property
* provided,
however, that boards of education in said cities of the second
grade of the first class may levy
the seven mills, a tax not to exceed one mill on the dollar
of valuation of taxable property within said district which
said levy shall be used for the purchase of schoolhouse
sites and the erection of school buildings thereon and for
no other purpose whatever, and for the purpose of paying
for such sites or for the construction of such buildings such
board of education may issue certificates of indebtedness in
anticipation of such levy, payable at such times not exceed-
ing one year from date of issue as they may designate, but
bearing no interest before maturity. And in all other dis-
tricts, except those hereinafter named, such estimate and
levy shall not exceed seven mills on each dollar of valuation
of taxable property; provided, however, that in counties con-
taining a city of the first grade of the first class, in districts
outside such city in which a high school is maintained, and
in all special and village districts of any county in the state,
such estimate and levy shall not exceed ten mills on each
dollar of valuation of taxable property; but a greater tax
than is authorized above, except in city districts of the first
class, may be levied for either of the purposes specified in
section 3958 if the proposition to make such levy shall have
been first submitted by the board of education to a vote of
the electors of the school district, under a resolution pre-
scribing the time, place and manner of voting on the same,
and approved by two-thirds of those voting on the propo-
sition, notice of which election must be given by publication
of the resolution for three consecutive weeks prior thereto
in some newspaper published and of general circulation in
the district, or by posting copies thereof in five of the most
conspicuous places in the district, for a like period if no
such paper is published therein.

Repeals, etc.

SECTION 2. Section 3959 of the Revised Statutes of
Ohio, as amended March 22nd, 1900, and April 16, 1900, is
hereby repealed and this act shall take effect cn its passage.
W. S. MCKINNON,

Speaker of the House of Representatives.
CARL L. NIPPERT,

President of the Senate..

Appropriation for Ohio state university.

[House Bill No. 150.]

AN ACT

Making appropriation for the Ohio state university.

Be it enacted by the General Assembly of the State of Ohio: SECTION I. That there be and is hereby appropriated. from any moneys coming into the state treasury to the credit of "the Ohio state university fund." not otherwise appropriated for the last three quarters of the fiscal year ending November 15, 1902 and the first quarter of the fiscal year ending November 15, 1903, the sum of one hundred and ninety-six thousand dollars ($196,000), or so much of said. sum as may come into the treasury to the credit of said fund; and for the last three quarters of the fiscal year ending November 15, 1903, and the first quarter of the fiscal year ending November 15, 1904, the sum of one hundred and ninety-six thousand dollars ($196.000), or so much of said sum as may come into the treasury to the credit of said fund, to be applied to the uses and purposes of the Ohio state university in accordance with the provisions of section 3951 of the Revised Statutes of Ohio as amended March 29, 1900. SECTION 2. That this act shall take effect and be in force from and after its passage.

W. S. MCKINNON, Speaker of the House of Representatives.

CARL L. NIPPERT. President of the Senate.

Cities and vil ages: enumeration of powers

[House Bill No. 141.]

AN ACT

To supplement section 1692 of the Revised Statutes of Ohio by adding thereto subsection 41.

Be it enacted by the General Assembly of the State of Ohio: SECTION I. That Section 1692 of the Revised Statutes of Ohio be and the same is hereby supplemented by adding thereto subsection 41 as follows:

41. To erect and maintain public bath houses.
SECTION 2. This act shall take effect and be in force

To amend sections 4836f and 4836h of the Revised Statutes of Ohio, making provision for the repair of improved roads in certain counties.

Be it enacted by the General Assembly of the State of Ohio:

SECTION I. That sections 4836f and 4836h of the Re- Two-mile asvised Statutes be amended so as to read as follows:

Sec. 4836f. For the purpose of providing by general taxation a fund out of which not less than one-third of the cost and expense of all improvements made under the provisions of this act can be paid, the commissioners of such county are hereby authorized to levy upon the grand duplicate of the county, not exceeding seven-tenths of one mill in any one year upon each dollar of the valuation of the taxable property in such county. And said commissioners shall at all times cause all necessary repairs to be made on such roads already constructed, or hereafter to be constructed or improved for their proper maintenance; and for such purpose may and they are hereby authorized to levy a tax upon the grand duplicate of the county, not exceeding four-tenths of one mill in any one year upon each dollar of the valuation of taxable property in such county. At their March session annually the commissioners shall divide each completed stone road in such county into sections of not more than two miles in length for the purpose of controlling the repairs of such roads. They shall at the same time make an estimate of the amount of materials required to keep each of said sections in proper condition during the next following year and decide upon the most convenient places for having said material delivered. They shall then fix a day on which they will let to the lowest responsible bidder the job of furnishing and delivering the said materials at the place decided upon and of keeping the said sections in repair for the period of one year according to specifications to be submitted to the bidders. They shall require and entertain separate bids for furnishing the material at the designated places of delivery, and for doing the necessary labor in keeping said sections. in repair. When the necessary preliminary steps, as herein

sessment pikes (in Lucas county):

General tax levies for conrepair of improved roads.

struction and

before provided, have been taken, they shall cause three weeks' notice to be given by advertisement and handbillsposted up on the lines of said roads, of the time when and place where bids for furnishing and delivering the said material and doing the said work will be received. They shall enter into contract with the sucessful bidder, and shall require good and sufficient bond of him for the faithful performance of the same, reserving the right to terminate each and every contract whenever in their opinion its provisions are not complied with. Before paying for any material furnished under contracts entered into in accordance with the provisions of this section it shall be the duty of the said board of county commissioners to inspect the same as to quality and quantity furnished. And said respective levies shall be in addition to all other levies authorized by law, notwithstanding any limitation upon the aggregrate amount of such levies now in force. The proceeds of the levieshereby authorized to be made, shall be applied and used by the county commissioners in the construction and repair of such macadamized, stone and gravel roads, as the case may be, and for no other purpose, and these funds shall not be subject to distribution to the townships but shall be expended under the direct orders and supervision of the county commissioners. All the proceeds of such stone road building levies and of the sale of any bonds under the provisions of section forty-eight hundred and forty-six, shall be paid to the credit of a fund to be called "the stone road building fund," out of which shall be paid all the costs and expenses of said improvement, except the expense of the preliminary view and survey and the fees of the auditor and commissioner, but the auditor shall keep a separate account of each different improvement in a book to be kept for that purpose. The provisions of "An act to authorize certain cities to build bridges and issue bonds therefor," passed March 4, 1883 (80 Ohio Laws, page 73), requiring all levies upon the property within any city of the third grade of the first class, made by the county commissioners for road purposes, to be paid into the treasury of said city, shall in no wise conflict with the provisions of this act, and shall not be applicable to the levies specifically authorized therein, the proceeds of which are to be applied and used by the county commissioners in the construction and repair of such roads. (88 V. 596; 82 V. 146.)

Sec. 4836h. The commissioners of any such county containing a city of the third grade, first class, are hereby authorized to issue and sell bonds of such county to an amount not in excess of fifteen thousand dollars ($15,000), for the purpose of paying for the repair of macadamized, stone, or gravel roads built under the provisions of [the] said section 4836 and sections supplemental thereto; said bonds to state for what purpose issued, to bear interest at a rate not in excess of five per cent. per annum, payable semi-annually, to mature in not less than ten nor more than twenty years after their issue, and they shall be sold according to law and