an H. B. No. 640 
 Mr. Snyder, of Pickaway 
 
 mee The Emergency Act Passed 
 Rs: by the General Assembly 
 won of Ohio to Enable Local 
 
 ee Authorities to Make the 
 Expenditures Rendered 
 Necessary by the Floods 
 of March and April, 1913 
 
 |9297.4 
 
 The F. J. Heer Printing Co. 
 
(House Bill No. 640.) 
 
 AN ACT 
 
 To authorize county commissioners, township trustees, boards of education, road 
 commissioners, councils of municipal corporations and boards and officers 
 thereof temporarily to repair, reconstruct and replace public property and public 
 ways destroyed or injured by floods occurring in March and April, 1913; to 
 authorize county commissioners and councils of municipal corporations to 
 borrow and expend money for the purpose of cleansing public places and 
 private grounds and buildings and removing therefrom any matter deposited 
 therein by said flood which is inimical to the public health, safety or con- 
 venience; and to exempt proceedings for the permanent repair, reconstruction 
 and replacement of such public property and public ways, and bonds issued 
 and levies made for such purposes from certain requirements and limitations. 
 
 Be it enacted by the General Assembly of the State of Ohio: 
 
 SecTIoN 1. The commissioners of any county or any road district, 
 the board of education of any school district, the council of any munici- 
 pal corporation or the trustee of any township are hereby empowered 
 to authorize or enter into contracts temporarily to repair, reconstruct or 
 replace any public property or public way which such commissioners, 
 council or trustees are authorized to repair, reconstruct or construct 
 under any general law of this state, if such public property or public 
 way has been destroyed or injured by floods occurring in March and 
 April, 1913, and if urgent public necessity exists for the making of such 
 temporary repair, reconstruction or replacement; and to appropriate 
 money, levy taxes, borrow money or issue bonds for such purposes. 
 None of the provisions of the General Code requiring notice of any 
 like repair or improvement to be given, imposing any limitation upon 
 the time. within which like contracts may be entered into or authorized; 
 requiring competitive bidding in entering into like contracts; requiring 
 the issuance by the auditor or clerk of a certificate that the money for 
 such contracts is in the treasury or in process of collecting, unap- 
 propriated for any other purpose; requiring ordinances for like purposes 
 to be published; requiring the submission of propositions to make like 
 repairs or to reconstruct or construct like public improvements, property 
 or way, or to expend money or levy taxes therefor to a vote of the 
 electors; or subjecting any ordinance or resolution making any such con- 
 tract or authorizing the same to be made, to a referendum of the electors, 
 shall in any way apply to or govern proceedings for entering into or 
 
2 
 
 authorizing such contracts, or appropriating money therefor. Directors 
 of public service or safety in cities shall not be required to advertise for 
 competitive bids in entering into any contract authorized by this section. 
 
 Provided, however, before any such contract for temporary repair, 
 reconstruction or replacement involving an expenditure of more than 
 five hundred dollars is authorized or entered into, such commissioners, 
 board of council shall apply to the common pleas court of the county, 
 or of any county in which any part of any such school district, road dis- 
 trict or municipal corporation is located, or to any judge thereof. Such 
 application shall set forth the nature of the repair, reconstruction or 
 replacement proposed to be made, and the amount of money proposed 
 to be expended upon each building, plant, sewer, aqueduct, reservoir, 
 water mains (including water pipes connected therewith), apparatus, 
 levee, embankment, street, alley, bridge, culvert, viaduct, or approach 
 thereto, or to any of them, or upon each like public improvement or 
 public way, and the necessity thereof. Such court or judge shall forth- 
 with hear and finally determine such application, and if it is found that 
 such public necessity exists, that the proposed repair, reconstruction or 
 replacement is temporary in its nature and should be made forthwith, 
 and that the amount of money proposed to be expended therefor is 
 reasonable and justified by such necessity, said court or judge shall 
 allow the application, and board of officers so applying shall be au- 
 thorized to proceed in teh manner provided in this section. 
 
 This section shall not be so construed as in any way to restrict or 
 impair the authority of any of the officers mentioned therein under any 
 of the general laws of the state, nor to authorize any of them to refuse 
 to make the regular levies under the provisions of such laws for road 
 and bridge funds. 
 
 SECTION 2. The council of any municipal corporation and the com- 
 missioners of any county are hereby empowered to borrow money in the 
 manner specified in section 3 of this act, for the purpose of removing 
 from the public places and private grounds or buildings in the corpora- 
 tion, or, as the case may be, in the county outside of municipal corpo- 
 rations therein, any obstruction or matter deposited therein by the floods 
 mentioned in section 1 of this act, the presence of which is inimical to 
 the public health, safety or convenience. The stm thus borrowed may 
 be expended for the above mentioned purpose, in such manner and 
 through such agencies as such council or commissioners, by resolution, 
 may prescribe. Such resolution shall not be published nor be subject to 
 a referendum. Contracts entered into by such council or commissioners, 
 or by any board, officer or employee authorized by either of them to ex- 
 pend funds acquired under this section, shall not be subject to any pro- 
 visions of the general law requiring competitive bidding. In the event 
 that the power provided for in this section is exercised the local boards 
 of health or health officers within and for the territory under the juris- 
 
3 
 
 diction of such council or commissioners, as provided in this section, 
 shall not have nor exercise any power or duty respecting the removal 
 of such matter; but all the powers and duties of such local boards of 
 health shall, for the purposes of this act, be vested in and imposed upon 
 such council or commissioners and the agencies designated by them as 
 provided in this section, 
 
 SECTION 3. For the purposes mentioned in sections 1 and 2 of 
 this act, and for the permanent repair, reconstruction or replacement of 
 public property or public ways destroyed or injured in the manner, and 
 at the time described in section 1 of this act, any board of county com- 
 missioners, board of education, township trustees or council of any 
 municipal corporation or the road commissioners of any road district 
 may issue bonds or notes of the corporation, subdivision or district as 
 needed. Kesolutions or ordinances providing for the issuance of such 
 notes or bonds shall not be published, shall not require the approval of 
 the electors nor be subject to any referendum. Such resolution or ordi- 
 nances shall state the facts bringing them within the terms of this act, so 
 far as the emergency is concerned, shall require for their passage the 
 votes of two-thirds of all members elected to such board or council and 
 the recitals therein contained shall be conclusive evidence of the facts 
 recited. 
 
 SECTION 4. Notes issued under authority of section 3 of this act 
 shall be signed as bonds of the corporation, subdivision or district are 
 signed ; shall not run for a longer period than eighteen months; shall not 
 bear a greater rate of interest than six per cent; and shall not be sold for 
 less than par. Provided, however, that no greater amount of notes shall 
 be issued under authority of said section 3 by the authorities of any 
 sub-division, corporation or district than shall equal the aggregate of a 
 tax at the rate of five-tenths of one-mill on each dollar of taxable 
 property in such tax district as is listed and assessed for taxation in 
 the year 1912. 
 
 SECTION 5. Bonds issued under authority of section 3 of this act 
 shall be signed as other bonds of the corporation, subdivision or district 
 are required by general law to be signed. They shall recite on their 
 face the purpose for which they are issued and shall state therein that 
 they are issued under authority of this act. They shall be issued in 
 such denominations, at such rate of interest, not exceeding six per cent., 
 and for such period of time as the authority issuing them may determine 
 in the resolution or ordinance providing for their issue; provided, how- 
 ever, that no greater amount of such bonds shall be made payable in 
 any one year than shall equal one-tenth of one per cent. of the total 
 value of the property in such municipal corporation, sub-division or 
 district, as listed and assessed for taxation in the year 1912. Such bonds 
 “may be sold at popular subscription or otherwise at not less than par. 
 their sale shall be advertised by notice published once a week. for two 
 
4 
 
 consecutive weeks in one newspaper published and of general circula- 
 tion in the county, or in either county, in case the municipal corporation 
 or district is located in more than one county. When sold at popular 
 subscription they shall be distributed to bidders according to the rules 
 prescribed for municipal bonds by section 3927 of the General Code. 
 Bonds of a municipal corporation issued under authority of said section 
 3 of this act need not be first offered to the trustees or commissioners 
 of the sinking fund or to the state liability board of awards as provided 
 by general law. All other provisions of the general laws, not inccn- 
 sistent with the provisions of this section, and with those of section 3 
 of this act shall apply to and govern the issuance and sale of such bonds. 
 
 Secrion 6. For the purpose of paying the principal and interest 
 on notes issued under section 3 of this act, the authorities mentioned 
 in said section, or those authorized by general law to levy taxes for any 
 of the sub-divisions mentioned in section 1 of this act, may levy a tax 
 irrespective of any of the limitations of section 5649-2 to 5640-5b of 
 the General Code. In case such notes are funded by the issuance of 
 funding bonds under the general laws, levies for interest and sinking 
 fund purposes to provide for the retirement of such bonds shall not be 
 included within any of the limitations of said sections. For the purpose 
 of paying the interest on bonds issued under authority of said section 3 
 and providing a sinking fund for their final redemption at maturity, 
 such authorities shall provide at the time such indebtedness is incurred, 
 
 for levying and collecting, annually, by taxation, a sufficient amount, . 
 
 which amount shall be certified to the auditor of the proper county, who 
 shall compute and ascertain the rate of levy necessary to provide there- 
 for, and shall place the same upon the duplicate of the proper taxing dis- 
 trict for the year or years for which it is certified, in addition to all 
 other levies, and irrespective of any of the provisions or limitations of 
 sections 5649-2 and 5649-5b, inclusive, of the General Code or any 
 other limitations on tax rates at present in force. In no case shall funds 
 produce by the levy authorized and required to be made by this section 
 be used otherwise than for the purposes specified herein. In case money 
 levied or borrowed under any of the provisions of this act is more than 
 sufficient for the purposes for which it is levied or borrowed, the un- 
 expended balance thereof shall be credited to the sinking fund provided 
 for herein, and shall in no case be subject to transfer to any other fund; 
 and when in such case, the final redemption of such. bonds is provided 
 for, the levy shall thereupon terminate. The commissioners of the 
 county, the sinking fund trustees of the municipal corporation, the sink- 
 ing fund commissioners of school districts in which such commissions 
 are established, the board of education of any other school district and 
 the clerk of the township shall administer the sinking fund provided 
 
 for in this section, and shall have like power of investment thereof as | 
 
 is vested in trustees of the sinking fund of a municipal corporation by 
 
 : 
 | 
 
 ‘ ' 
 et ie) ee ik 
 
 Pe eee oe Oo ee ee ey 
 
 7 ee Te ee a oe 
 
5 
 
 the provisions of the general laws of this state. When in any year, 
 through miscalculation or inadvertance the amount of the tax originally 
 certified to the county auditor, as herein provided, is insufficient to pro- 
 vide for the payment of the interest and the maintenance of the sinking 
 fund as required by this section, such trustees, commissioners or clerk 
 shall compute and ascertain the necessary amount and shall certify the 
 same to the county auditor, who shall compute and ascertain the rate of 
 levy necessary to provide therefor, instead of the rate necessary to pro- 
 vide for the amount originally certified, and place the same upon the 
 duplicate of the proper taxing district for such year. Whenever in any 
 year, by reason of accretions to the sinking fund provided for herein, 
 from any cause mentioned in this section, the amount originally certified 
 is more than sufficient to provide for the final redemption of all out- 
 standing bonds, and the payment of all interest due, such trustees, com- 
 missioners or clerk shall ascertain the amount necessary to provide for 
 the final redemption of such bonds, and the payment of such interest, 
 and shall certify such amount to the county auditor who shall ascertain 
 the rate of levy necessary therefor, and shall place the same upon the 
 duplicate of the proper taxing district for such year, instead of the rate 
 _ necessary to provide for the amount originally certified. In such event 
 no further levy shall be made for such purpose notwithstanding the re- 
 quirements of the original certificate. 
 
 Except for the purposes mentioned in section 1 of this act and ex- 
 cept when acting for such purposes under the general laws of the state 
 and not under said section 1, none of the taxing authorities mentioned 
 in this section shall borrow money or levy a tax for any of the purposes 
 mentioned in this act under the general laws of the state unless such 
 tax is necessary to provide for the payment of notes or bonds issued 
 for such purposes and authorized prior to the passage of this act; but 
 all moneys borrowed or taxes levied for the purpose of making repairs, 
 re-construction and replacement of public property and public ways de- 
 stroyed or injured by the floods mentioned in section 1 of this act shall 
 be borrowed or levied under the provisions of this act. 
 
 SEcTION 7. Bonds issued for any of the purposes specified in sec- 
 tion three of this act, or for the purpose of funding notes issued for 
 ~ such purposes, shall not be counted in ascertaining any of the limitations 
 of sections 3939 to 3954-1, inclusive, of the General Code. 
 
 Section 8. Proceedings under the general laws of this state for 
 the permanent repair, reconstruction or replacement of public property 
 and public ways, destroyed or injured in the manner described in sec- 
 tion one Of this act, shall not be subject to any provisions of such laws 
 requiring the submission of the proposition to make such repair, recon- 
 struction of replacement, or to expend money for such purposes to a 
 vote of the electors, or subjecting any ordinance or resolution making 
 or authorizing to be made any such contract to a referendum. Money 
 
6 
 
 to be derived from bonds or notes issued under authority of section 
 three of this act shall, when their issuance is authorized, and for the 
 purpose of the certificate that money for the specific purpose is in the 
 treasury, as required by the general law, be deemed in the treasury and 
 in the appropriate fund. . 
 
 SECTION g. The term “public property’, as used in this act means 
 and embraces, among other things of like nature. Any public building, 
 school house, publicly owned and operated public utility and all equip- 
 ment, wires, poles, pipes, machinery and all other things used in con- 
 nection therewith, any street or road machinery, fire and police ap- 
 paratus, any public works of any kind, levee, embankment, ditch, drain, 
 storm sewer, sanitary sewer, bridge, culvert, viaduct or approach to any 
 of them, and, all and singular, every kind and description of public im- 
 provement, building, structure or article of public use which the au- 
 thorities mentioned in this act are severally empowered by the laws of 
 this state to make, construct, purchase or maintain and repair, save and 
 excepting those which are herein defined to be public ways. The term 
 “public ways” means and embraces streets, alleys, sidewalks, and public 
 places and all things appurtenant thereto in municipal corporations, and 
 the paving or other improvements heretofore constructed or made there- 
 on, whether by assessment of abutting property or otherwise; and all 
 public highways and roads, including those for the repair of which 
 county commissioners are authorized to make emergency levies under 
 sections 7419 and 5649-4, General Code. Provided, however, that in 
 case any road or highway is repaired under authority of this act by any 
 board of county commissioners, such commissioners shall not be au- 
 thorized thereafter to levy for the repair of such road or highway under 
 the provisions of section 7419, General Code, save for emergencies 
 arising subsequently to the occurrence of the floods mentioned in sec- 
 tion one of this act. The term “replacement” as used in this act includes 
 the temporary establishment and operation of ferries and the widening, 
 deepening or straightening of any river, creek or run which overflowed 
 its banks and caused damage to public or private property at the time 
 mentioned in section one of this act, as provided in sections 2428 and 
 36023 of the General Code, for the purpose of preventing the recurrence 
 of destructive floods. In addition to the powers vested in municipal 
 corporations by section 3677, General Code, such municipal corporations 
 shall have special power to appropriate, enter upon and hold real estate 
 within and without their corporate limits in furtherance of the above 
 mentioned purpose. Provided, however, that proceedings for the perma- 
 nent deepening, widening or straightening of a river, creek or run shall 
 be subject to the approval of the electors or to a referendum as pro- 
 vided by general law. 
 
 SECTION 10. For the purpose of providing for the additional work 
 imposed upon the engineering departments of counties and municipal- 
 
7 
 
 iues by reason of the flood mentioned in section one of this act, the 
 county commissioners of any county and the council of any municipal 
 corporation are hereby empowered to authorize the employment of ad- 
 ditional assistant or assistants to the county surveyor or city or village 
 engineer, and to appropriate any money borrowed under the provisions 
 of this act, or otherwise available, for the salary or compensation of 
 such assistant or assistants. 
 
 SECTION 11. Bonds, the issuance of which has been provided for, 
 prior to the passage of this act, for the purpose of permanently repair- 
 ing, reconstructing or replacing public property damaged or destroyed 
 by the flood mentioned in section one of this act shall not be counted in 
 ascertaining any of the limitations of sections 3939 to 3954-1, inclusive, 
 of the General Code. Interest and sinking fund levies to provide for the 
 retirement of such bonds shall not be subject to any of the provisions or 
 limitations of sections 5649-2 to 5649-5), inclusive, of the General Code. 
 
 SECTION 12. This act is hereby declared to be an emergency law, 
 necessary for the immediate preservation of the public peace, health and 
 safety. Such necessity arises from the fact that by reason of the floods 
 mentioned in section one of the this act many important channels of 
 communication by travel in the state have been interrupted, impaired or 
 destroyed; many public utilities, and other public property ; the immediate 
 restoration of which is necessary to the public health and safety have 
 been destroyed or injured; means of preserving the public peace have 
 been interfered with, and the situation in the flooded districts is such 
 as cannot adquately be met by any proceedings under the general laws 
 of this state. Therefore this act shall take effect from and after its 
 passage and approval. 
 
 C. U. Swain; 
 Speaker of the House of Representatives. 
 
 HucuH L. Nicuots, 
 President of the Senate. 
 Passed April 10, 1913. 
 Approved April 12, 1913. 
 JAMEs M. Cox, 
 Governor. 
 
ao 
 = 
 
 ’ , 
 “y Ae 
 Ls t | ea 
 
 4 A “n” b! # > 
 Sod > 4 CrP us 
 bat Det) bustier Yee i