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Rates of levy

where the city council shall demand it-shall be paid into the city treasury, and shall be expended by such cities for the purpose of building and repairing bridges.

10. For the payment of marshal and the police, two and one half mills.

11. For the maintenance of the work-house, one half of one mill.

12. For the expenses of maintaining and administering houses of refuge and correction, over and above the receipts from labor of persons confined therein, such sum as may be necessary for the same.

13. For schools and school house purposes, such amount as may be prescribed by law.

14. For sewer fund, one-half of one mill; when the corporation is divided into districts, the levy may be by such districts.

15. For maintaining the hospital, one-half of one mill.
Sec. 644. The council shall also have power to make the

for special pur following levies:

poses.

1. For the real estate and right of way thereto required for any improvement authorized in this act, one mill.

2. For erecting, enlarging or improving water-works, two mills.

3. For the erection of school buildings, two and one-half mills.

4. For wharves and landings, one-half of one mill.
5. For market-houses, one mill.

6. For the erection of corporation prisons and station houses, one-half of one mill.

7. For the erection of buildings required for the fire department, the construction of reservoirs, the purchase of steam or other fire engines, hose and other apparatus, for the use of such department, one mill.

8. For the erection of halls and public offices, one mill. 9. For the improvement of highways leading into the corporation, three-tenths of one mill.

10. For the construction of levees and embankments, onehalf of one mill.

11. For the improvement of any water-course passing the corporation, one mill.

12. For the erection of work houses, two mills.

13. For the erection of houses of refuge and correction, two mills.

14 For the erection of hospitals, two mills.

15. For the erection of infirmaries, two mills.

16. For the erection of gas works, two mills.

17. For grounds for cemetery purposes, inclosing, improving, embellishing or enlarging the same, one mill.

18. For grounds for public parks, inclosing, improving, embellishing or enlarging the same, one mill.

For the construction of bridges, one-half of one mill. 20. To pay the interest on the public debt of the corporation, a sum sufficient to satisfy the same as it accrues annually, to be applied to no other purpose.

21. For the construction and repairs of sewers, drains and ditches, one mill; where the corporation is divided into districts, the levy may be by such districts.

22. For the purpose of keeping up and maintaining a free public library and reading room in the corporation, one-half of one mill. But no tax shall be levied for this purpose unless a suitable lot and building therefor, supplied with a library, furniture and fixtures, shall first be owned by or leased to the corporation.

23. For any improvement authorized by this act and not above provided for, one milk

24. Such proportion of the amount authorized to be levied by this section, for either of the purposes therein specified, may be levied annually, as the council may, by ordinance, prescribe; but the aggregate of all such annual levies shall not exceed the limit herein prescribed for each of the purposes respectively.

Sec. 648. The aggregate of all taxes levied or ordered by Maximum of any municipal corporation over and above the levy for gen- tax allowable. eral purposes, shall not exceed, in any one year, two and onehalf per cent. of the value of any property, as valued for taxation on the county duplicate; Provided, that in cities of the first class, having a population exceeding one hundred and fifty thousand at the last federal census, the council may levy a tax in addition to the general levy herein before provided for, on all the real and personal property in said city to be used for the purpose of opening, extending, widening or se curing the rights of way for streets or avenues, not to exceed one mill. And no person or property charged with any special local assessment for any improvement, shall be compelled to pay therefor, in any one year, more than one-tenth of the value of the property on which the assessment was made, as valued on the county duplicate for taxation.

corporations.

Sec. 651. Nothing in this chapter shall be construed to Taxes within prevent any corporation, that may elect to do so, from levying and collecting taxes, as authorized by this act, within the corporation; and when any corporation shall elect to levy and collect such taxes, it shall be the duty of the council to provide, by ordinance, for the appointment and regulation of the necessary officers to carry the same into effect; and such officers so created shall have all the power, and be under all the restrictions of county auditors, county treasurers, and township assessors, so far as the same shall be applicable to them, except in the sale of delinquent lands.

Sec. 663. Loans may also be made by any municipal corporation in anticipation of the revenues to be derived from any tax authorized by this act for public improvements or other public use; and the council shall have power to issue the bonds of the corporation for the money so borrowed in such amounts as they may determine, bearing a rate of interest not exceeding eight per centum per annum, and payable at such time as they may deem proper, not exceeding fifteen years; provided, said bonds shall not, in any case, be sold for less than their par value.

money in an ticipation, &c

Borrowing of

Bonds for money borrowed

Sec. 666. If the council shall make any special assessment in anticipation. payable in annual installments, as authorized in chapters forty-nine and fifty, they shall have power to borrow, upon the credit of the corporation, a sum of money sufficient to pay the estimated cost and expense of the improvement, and shall have authority to issue bonds, notes, or certificates of indebtedness, pledging the faith and credit of the corporation for the payment of the principal and interest of such bonds, notes, or certificates of indebtedness, said interest not to exceed the rate of eight per centum per annum, payable annually, which said bonds, notes or certificates of indebtedness, shall not in any case be sold for less than their par value. All bonds, notes or certificates of indebtedness, issued as aforesaid, shall have the name of the street or portion thereof so improved, and for which the same were issued, legibly written or printed upon them, and shall be signed by the mayor and auditor or clerk, and be sealed with the seal of the corporation.

Sections repealed.

SEC. 2. That sections 9, 60, 61, 64, 69, 71, 72, 78, 80, 83, 89, 91, 96, 100, 129, 130, 131, 156, 160, 179, 185, 199, 203, 222, 229, 239, 271, 295, 306, 326, 335, 399, 410, 412, 435, 458, 459, 484, 488, 491, 492, 496, 497, 501, 507, 539, 540, 541, 543, 562, 563, 566, 570, 576, 581, 602, 640, 641, 644, 648, 651, 663, and 666, be and the same are hereby repealed.

SEC. 3. This act shall be in force from and after its passage.

A. J. CUNNINGHAM,

Speaker of the House of Representatives.

SAM'L F. HUNT,

President pro tem. of the Senate.

Passed April 18, 1870.

Common

council may accept funds, &c.

endowments

AN ACT

To enable cities of the First Class to aid and promote
Education.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the common council of any city of the first class now having a population of one hundred and fifty thousand inhabitants or more, is hereby authorized and empowered, in the name and behalf of such city, to accept and take any property or funds, either heretofore or hereafter given to such city for the purpose of founding, maintaining or aiding a university, college or institution for promoting free education, and upon such terms, conditions and trusts, not inconsistent with law, as such common council may deem expedient and proper for that end.

SEC. 2. That for the further indowment, maintenance and Also, in trust, aid of any university, college or institution for promoting free education heretofore or hereafter so founded in any such city, the common council thereof is also authorized and empow

&c.

ered, in the name and behalf of such city, to accept and take, as trustee, and in trust for the purpose aforesaid, any estate, property or funds which have been or shall be lawfully transferred to such city for such use, by any person or persons or body corporate having the same, or any annuity or endowment in the nature of income which may be covenanted or pledged to such city towards such use by any person or persons or body corporate; and it shall be lawful for any person or persons or body corporate having and holding any estate, property or funds, in trust or applicable for the promotion of education, or the advancement of any of the arts or sciences, to convey, assign, transfer and deliver over the same to such city as trustee in his or their place, or to covenant or pledge its income, or any part thereof, such estate, property, funds or income to be held and applied by such city in trust for the further endowment or maintenance of such university, college or institution; in accordance, nevertheless, with the terms and true intent of any trust or condition upon which the same was originally given or held; and upon such transfer, and the acceptance thereof, such city and its successors, as trustees, shall become and be perpetually obligated and held to observe and execute such trust, in all respects, according to the original and true terms and intent thereof, and according to any further terms and conditions lawfully agreed upon such transfer and acceptance thereof. And any court having jurisdiction of the appointment of trustees of such in the premises. trusts for educational purposes, shall have power, in any proceeding for that purpose duly instituted and had, to appoint and constitute such city, with the consent of the common council thereof, trustee of the estate, property and funds so transferred to it, and may dispense with the bond or surety on the part of such city for the performance of such trust, unless required by the original terms or conditions thereof; and may and shall, upon the due transfer and acceptance of such trust by such city, release and fully discharge trustee or trustees so transferring the same.

Power of court

Board of directors to be appointed.

SEC. 3. That the custody and management of any and all estate, property or funds so given or transferred in trust to any such city, and the entire administration of any and all such trusts so accepted by the common council thereof, and if any university, college or institution for promoting education, heretofore or hereafter so founded in or by any such city, except the common and high schools thereof, shall be committed to a board of directors, nineteen in number, of whom the mayor of such city for the time being shall be one, and the others shall be appointed by the common council, six of whom shall be appointed from such names as shall be nominated to the common council by the board of education of said city, and shall be citizens of approved learning, discretion and fitness for such office. They shall hold their office for the term of six years, and until their successors are duly of office, &c. elected and qualified: Provided, that the directors first appointed, other than the mayor, shall be elected respectively for terms of one, two, three, four, five and six years, from the

Their terms

duties, &c.

first day of January next following their election, two for each term. Any vacancy caused by the death, resignation or removal of a director, or otherwise, shall be filled for his unexpired term by appointment of the common council. And as to all matters not herein or otherwise provided by law, the Their powers, said board of directors shall have all the authority, powers and control vested in or belonging to said city, either as to the management and control of the estate, property and funds given, transferred, covenanted or pledged to such city for the trusts and purposes aforesaid, or as to the government, conduct and control of the university, college or institution so founded. They shall have power to appoint a clerk and all agents proper and necessary for the care and administration of the trust property, and collecting the income, rents and profits thereof, and to appoint the president, professors, tutors, instructors, agents and servants necessary and proper for such university, college or institution, and to determine their compensation, and to provide all the necessary buildings, books, apparatus, means and appliances thereof, and to pass all such by-laws, rules and regulations concerning the president, professors, tutors, instructors, agents and servants aforesaid, and the admission, government and tuition of students, as such di rectors shall deem wise and proper; provided, nevertheless, that said directors may, by suitable by-laws, delegate and commit the admission, government, management and control of the student, course of studies, discipline and other internal affairs of such university, college or institution, to the faculty which the directors may appoint from among the professors; provided, also, that no charge shall be made for the admission or instruction of the children, wards, or apprentices of any citizen of such city admitted therein; and provided, also, that the accounts of such trust estate, property and funds, and of the income and expenditure thereof, shall be kept by the city auditor entirely distinct from all other accounts or affairs of such city, and the moneys shall be kept by the city treasurer distinct from other moneys; and said directors shall at all times confine the expenditures within the income of the trust estate, property and funds, and shall annually report to the common council a full statement of the accounts and administration of such trusts.

Power to confer degrees.

Sites for

SEC. 4. The directors of such university, college or institution, upon the recommendation of the faculty thereof, shall be authorized to confer such degrees and honors as are customary in universities or colleges in the United States, and such others as, with reference to the course of studies and attainments of the graduates in special departments, they may deem proper.

SEC. 5. The common council of any such city of the first buildings, &c class shall have power to set apart and appropriate, as a site for the buildings and grounds of the university, college or institution so founded, any public grounds of such city not specially appropriated or dedicated by ordinance to any other use or purpose, any act or law heretofore passed to the contrary notwithstanding; and the board of education of such

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