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Railways in

corporate limits: Dayton.

Portion of

compensation

railway to another for the use of its tracks, to be

paid to municipality.

[House Bill No. 750.]

AN ACT

To supplement section 2505c of the Revised Statutes of Ohio. Be it enacted by the General Assembly of the State of Ohio: SECTION I. That section 2505c of the Revised Statutes of Ohio be, and the same is hereby supplemented with supplemental numbering as follows:

Sec. 2505c-1. That in any city of the second grade paid by street and second class where a street railway company, owning or operating any street railway or railways in such city under a franchise granted by the council of such city, has made or shall make and enter into an arrangement or agreement under sections 2505c or 3443-11 of the Revised Statutes of Ohio, or other existing laws, with any railway company or street railway company now or hereafter operating and maintaining an interurban or traction railroad or railroads operated by electricity or other motive power from any municipal corporation or point in this state, outside of such city of the second grade of the second class to any point therein, whereby the passenger or other cars of such railway company or other street railway companies are, or may be run and propelled over and along the track or tracks of such street railway company, first mentioned, for compensation, paid or to be paid it by such railway company or other street railway companies, said street railway company first mentioned and to which such compensation is paid, shall quarterly pay to such city, for the general purposes of the said municipal corporation, twenty-five per cent. of the gross amount of such compensation, and shall render quarterly statements to such municipal corporation of the amount of compensation so received for the preceding quarter. Said statements shall be sworn to, and the city comptroller of such city shall have authority to examine the books and officers of all such railway companies and street railway companies to verify the correctness of such statements. The quarterly payments herein provided for shall be made on the first days of May, August, November and February of each year.

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

W. S. MCKINNON,

Speaker of the House of Representatives..

Passed April 25, 1902.

F. B. ARCHER,

President pro tem. of the Senate.

163G

[House Bill No. 673.]

AN ACT

To amend section 4670-12 of the Revised Statutes of Ohio relative to the improvements of certain county roads.

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

SECTION I. That section 4670-12 of the Revised Stat- County roads: utes of Ohio be so amended as to read as follows:

Sec. 4670-12. Said commissioners may issue and sell, Bonds, at not less than par, the bonds, of said county in sums of one hundred dollars, or multiples thereof, bearing interest not exceeding five per cent. per annum, and having not exceeding three years to run, payable principal and interest at the treasury of said county or at such point in the city of New York as may be designated therein, for the amount necessary to cover the cost of such improvement, which shall not exceed three thousand dollars per mile, and shall Tax levy. provide for the payment of such bonds by the necessary levies upon the grand duplicate of said county. Provided

such bonds may be paid for out of the bridge fund or general road improvement fund, or both, and the levy for either or both of said funds may be increased above that now provided by law to the amount necessary to meet such expense.

SECTION 2. Original section 4670-12 be and the same Repeals, etc. is hereby repealed, and this act shall take effect and be in force from and after its passage.

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To amend sections 2476-17 and 2476-18 of the Revised Statutes

of Ohio.

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

SECTION I. That sections 2476-17 and 2476-18 of the Fire departRevised Statutes of Ohio be amended so as to read as ment; Dayton. follows:

Management thereof vested four commis

in board of

sioners.

Sec. 2476-17. That in every city of the second grade of the second class the management and control of the fire department shall be vested in a board of four (4) commissioners, having the qualifications of electors of such city, and not more than two members of such board shall, at any time, be members of the same political party; and such Appointment. commissioners shall be appointed by the mayor, with the

Term.

Salary.

President and secretary of board.

Repeals.

approval of the city council of such city. Such commissioners shall, in the first instance, be appointed for one, two, three and four years, respectively, and they shall serve until their successors are appointed and qualified. Annually the mayor, with the approval of the city council of such city, shall, in like manner, appoint a commissioner of like qualifications to succeed the commissioner whose term is about to expire or has expired, who shall be appointed and serve for four years, and until his successor is appointed and qualified. Each member of said board of fire commissioners shall receive a salary of three hundred dollars per annum.

Sec. 2476-18. The member of said board having the shortest term to serve shall be the president thereof, and said board shall have power to appoint a secretary to serve during the pleasure of the board, and to fix his compensation and prescribe his duties, and such secretary shall perform such services as are required of him by said board. SECTION 2. That said original sections 2476-17 and 2476-18 of the Revised Statutes of Ohio be and the same are hereby repealed.

SECTION 3. This act shall take effect and be in force from and after its passage.

W. S. MCKINNON,

Speaker of the House of Representatives

F. B. ARCHER,

President pro tem. of the Senate. 165G

Passed April 25, 1902.

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[House Bill No. 715.]

AN ACT

To further supplement sections 1545-89, to 1545-165 inclusive of the Revised Statutes of Ohio.

Be it enacted by the General Assembly of the State of Ohio: SECTION 1. That sections 1545-89 to 1545-165 inclusive of the Revised Statutes of Ohio be further supplemented with sectional numbering as follows:

Sec. 1545-165. The mayor, director of law and three members of the police force to be annually elected by the members of the force on the second Tuesday of May as hereinafter provided, shall constitute "The board of trustees of the police, pension, life and health insurance fund," with full power to manage and control the same as hereinafter provided. The mayor shall be the president of said board of trustees and said board shall elect a secretary from its members who shall receive such compensation for hisservices as the board of trustees may determine, not exceeding one hundred and fifty ($150.00) dollars in any year.

raised and maintained.

Sec. 1545-165k. The rewards, fees, proceeds of gifts How fund and emoluments that may be allowed by the director of public safety to be paid or given on account of extraordinary services of an officer or member of the police force, all unclaimed money, the proceeds arising from the sale of unclaimed property, one-third of all moneys received by the director of public safety from all sources whatever, the disposition of which is not otherwise provided for by law, one-third of all the moneys collected by the police court on account of the service by the police force of writs issued by such court; all witness fees allowed officers and members of the police force in the police court, and in the criminal court and before the grand jury of the county: officers and members of the police force shall be allowed the same fees as other witnesses in all such cases, and all fines imposed by the director of public safety upon officers and members of the force for violation of rules shall be paid into the city treasury to the credit of the police, pension, life and health insurance fund. County treasurers of counties containing a city of the first grade of the second class shall semi-annually at the time of their semi-annual settlement with the auditors of their respective counties pay over to the city treasurer to the credit of the police, pension, life and health insurance fund one-half of the whole amount, under his annual levy, of all taxes paid into the treasury of such county by insurance companies incorporated by the authority of any other state or government and doing busines in any such city, on the gross receipts of every insurance company, under and by virtue of the provisions of section two thousand seven hundred and forty-five (2745) of the Revised Statutes, during the half year preceding such annual settlement.

fund.

Sec. 1545-165. The trustees hereinbefore provided Investment of for shall have power to draw such funds from the city treasury on the warrant of the president of said board countersigned by the secretary, and may invest the same in the name of "The board of trustees of the police, pension, life and health insurance fund," in interest bearing bonds of the United States, the state of Ohio, or any county in this state or of any township, incorporated village or city in the state of Ohio, when the power to issue said bonds is derived from either general or special legislative authority; the said bonds shall, before the same are issued to the board of trustees, be registered in the office of the treasurer of the United States, or said state of Ohio, or county, township, incorporated village or city issuing the same, and bear upon their face the printed or legibly written fact of such registry together with the book and page, and the date and place of registry. The president and secretary of such board shall collect the interest on all bonds and place the same in the city treasury to the credit of said fund. It is hereby made the duty of said secretary to keep a record of the proceedings of said board of trustees and all action taken by it with regard to said fund, and with

Who beneficiaries of fund; how paid.

regard to the members of said police force as herein provided, and to make a detailed report thereof to the city council of said city on the second Monday of January of each year.

Sec. 1545-165m. When an officer or member of the police force has become disabled while in the actual performance of official duty, or has performed faithful service as a member of such force for a period of not less than fifteen actual years from the commencement of his service, he may, by order of the director of public safety, with the approval of the board of trustees, be retired from active service and placed upon the pension roll, and when so retired shall be paid from the fund hereinbefore provided for. a pension as follows:

One-half of the amount of salary he was receiving at the time of such injury or retirement from active service to be paid in equal monthly payments. But if any officer or member of the force, on recovery from such disability, be assigned to duty and full pay, his pension shall cease. Provided, that if any officer or member of the force shall object to being retired on the ground that he is not disabled, but is able to perform his full, official duty, then in such case such officer or member of the police force shall select one physician or surgeon of good repute and standing, who, acting with the police surgeon, shall select another such physician or surgeon of good repute and standing, and they three shall examine such officer or member of the force, and the finding of the majority of such three examiners shall be final as to the ability or inability at that time of the member of the force so examined, to perform his full duty; and if found able he shall be required to return to duty. When an officer or member of the police force in performance and in consequence of the performance of official duty, becomes bodily disabled, his necessary expenses during such disability may be paid from said fund, provided that said board of trustees upon inquiry into the circumstances are satisfied and shall so enter upon their records that the charge upon said fund is correct. No officer or member of the force shall be placed upon the pension roll unless the police surgeon shall certify in writing that he is permanently incapacitated, either mentally or physically, from performing his official duties, nor unless due notice is given him by the director of public safety of his intention to retire him. Officers and members on the retired list shall not be subject to the orders of the director of public safety, and should any of them be found guilty of committing felony he shall forfeit all claims upon the police pension fund. The board of trustees shall, within thirty days after the death of any officer or member of the police force on the active or retired list, pay the sum of five hundred ($500.00) dollars to his widow, or if there be no widow, to his minor child or children; or if there be no widow or minor children, then to such relative or relatives as were dependent

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