Advertise for shall be the duty of said board of improvements, within thirty days after the passage of this act, to divide such cities into districts not less than five nor more than eighteen in number. SEC. 2. Immediately after the division of said cities, as sealed propo- aforesaid, the said board shall cause to be advertised, for ten sals. Bond shall accompany each bid. Failure of contractors. Pay for work performed. days, in not exceeding three newspapers of general circulation within said cities, an invitation for sealed proposals for keeping in repair, as may be provided, and cleaning the ditches, catch basins, avenues, streets, alleys, and market places, within said districts in said cities, and belonging to the several districts, at a stated sum per annum for each and every year, for the term of not less than one nor more than five years from the date of contract: Provided, that said proposals include the removal of all garbage of said cities, in such manner as may be directed by the said board of improvements. SEC. 3. Each person, firm or body, shall enclose with their bid a bond, in the sum of one thousand dollars, to be signed by themselves and two freeholders, and to be approved by the board of improvements, to the effect that, if said contract is awarded them, they will accept and comply with the terms thereof, and unless such bond accompany said bid, the same shall not be entertained by said board; and said board may, in addition thereto, require from said contractors such other bond or bonds as they may deem best, conditioned for the faithful performance of said contract, and said contracts shall be awarded to the lowest and best bidder therefor; but said board may reject any and all bids, and in so doing shall re-advertise at once for more proposals. All said contracts shall be carried out, and be performed, subject to the approval of the board of improvements in said cities. SEC. 4. Should any of the contractors fail to keep and perform the contracts made, or should the same be abandoned, the said board of improvements may cancel the same, and thereafter the said contracts shall be re-let, in manner and form as hereinbefore provided; after the expiration of original contracts, other contracts may be made in manner and form as provided for in section two. SEC. 5. At the end of each and every two weeks, if said contracts have been faithfully performed, said board of improvements shall give, upon demand of said contractors, a certificate to the city auditor, for the one-twenty-sixth part of the said annual contract price; but the said board may retain therefrom, as an additional guarantee for the faithful performance of said contract, and, in addition to the bond hereinbefore stated, such proportion thereof as it may deem just and equitable, which amount shall be stated in said contract. Upon the presentation of said certificate to the city auditor, that officer shall draw his warrant upon the city treasurer, for the amount stated in said certificate, which shall be paid by the city treasurer from the proper fund. SEC. 6. At the time of making annual estimates, it shall be the duty of said board of improvements to make an estimate of the amount required for the payment to said contractors, which estimate shall be separately certified to the council of said city, and the said council shall thereupon at the time the same is annually made by it, provide a levy upon all the taxable property within said city, for the amount so certified, and when the same shall have been collected, it shall be paid to the credit of a fund to be called the street cleaning fund, and shall thereafter be kept in said fund, and shall not be transferable, paid out or used for any other purpose whatsoever than herein provided; said estimate shall be made by said board and certified to said council at the time said contracts are first made, and it shall be the duty of said council to appropriate the said sum from the street fund until the revenue therefor shall be obtained from the levy aforesaid. Nothing herein contained shall be so construed as to authorize the increase of the tax which such cities are now permitted to levy. SEC. 7. All contracts authorized by this act, and made and entered into by the said board of improvements, shall be signed by the mayor, the clerk of said board, and be subject to the approval of the city council. SEC. 8. For the purposes of this act only, and no further, all other acts in conflict with this act, are hereby repealed, but the same shall remain in force as to all other acts and purposes, the same as if this act had not been passed. SEC. 9. This act shall take effect and be in force from and after its passage. O. J. HODGE, Speaker pro tem. of the House of Representatives. Passed April 21, 1877. Estimates for department, and taxation. AN ACT To provide for the cleaning of sewers, catch basins, avenues, streets, alleys, market places, wharves, etc., in cities of the first class, having a population of more than one hundred and fifty thousand at the last federal census. SECTION 1. Be it enacted by the General Assembly of the State Districts. a popu of Ohio, That in all cities of the first class, having Sealed proposals. Bond shall accompany each bid. Failure of contractors. Manner of paying contractor. Estimate and tax levy. SEC. 2. Immediately after the division of said cities, as aforesaid, the said board shall cause to be advertised, for ten days, in some newspaper of general circulation within said cities, an invitation for sealed proposals for cleaning the sewers, catch basins, avenues, streets, alleys, market places, wharves, etc., within said districts in said cities, and belonging to the several districts, at a stated sum per annum for each and every year, for the term of five years from the date of the contract; Provided, that the said proposals shall include the removal of all garbage of the said cities, in such manner as may be directed by the said board of public works. SEC. 3. Each person, firm or body, shall enclose with their bid a bond, in the sum of one thousand dollars, to be signed by themselves and two freeholders, and to be approved by the board of public works, to the effect that, if said contract is awarded them, they will accept and comply with the terms thereof, and unless such bond accompany said bid, the same shall not be entertained by said board; and said board may, in addition thereto, require from said contractors such other bond or bonds as they may deem best, conditioned for the faithful performance of said contract, and said contracts shall be awarded the lowest and best bidder therefor; but said board may reject any and all bids, and in so doing shall re-advertise at once for more proposals. All said contracts shall be carried out, and be performed, subject to the approval of the board of public works in said cities. SEC. 4. Should any of the contractors fail to keep and perform the contracts made, or should the same be abandoned, the said board of public works may cancel the same, and thereafter the said contract shall be relet, in manner and form as hereinbefore provided, for the unexpired portion of said five years. SEC. 5. At the end of each and every week, if said contracts have been faithfully performed, said board of public works shall give, upon demand of said contractors, a certificate to the city auditor, for one-fifty-second part of the said annual contract price; but the said board may retain therefrom, as an additional guarantee for the faithful performance of said contract, and in addition to the bond hereinbefore stated, such proportion thereof as it may deem just and equitable, which amount shall be stated in said contract. Upon the presentation of said certificate to the city auditor, that officer shall draw his warrant upon the city treasurer, for the amount stated in said certificate, which shall be paid by the city treasurer from the proper fund. SEC. 6. At the time of making annual estimates, it shall be the duty of said board of public works to make a separate estimate of the amount required for the payment to said contractors, which estimate shall be separately certified to the common council of said city, and the said council shall thereupon, at the time the same is annually made by it, provide a levy upon all the taxable property within said city, and when the same shall have been collected, it shall be paid to the credit of a fund to be called the street cleaning fund, and shall thereafter be kept in said fund, and shall not be transferable, paid out or used for any other purpose whatsoever than herein provided; said estimate shall be made by said board and certified to said council at the time said contracts are first made, and it shall be the duty of said council to appropriate the said sum from the general fund until the revenue therefor shall be obtained from the levy aforesaid. Nothing herein contained shall be so construed as to authorize the increase of the tax which such cities are now permitted to levy. SEC. 7. It shall be the duty of the said board of public works, and they are hereby directed, within thirty days after the passage of this act, to appoint three freeholders of such city, who shall make an appraisement of the valuation of all real estate and buildings belonging to such city and used by the street cleaning department; and upon such appraised valuation being made and reported to said board, the said board of public works shall cause to be advertised for ten days in some newspaper having a general circulation in said city, an invitation for proposals for leasing any or all of said real estate and buildings for a term not exceeding five years, and shall lease the same in the name of such city, to the highest and best bidder or bidders, under such rules and regulations that said board may adopt; but said board may reject any or all bids, and in so doing shall re-advertise at once for more proposals: Provided, that no lease shall be made that will not yield a revenue of six per centum or more on the appraised valuation. The said board shall have the authority to sell or dispose of, in the best manner possible, the horses, carts, tools, etc., now owned by such city and used for street cleaning purposes, and the money so received, and the money received by the leasing of the real estate and buildings, shall be paid to the credit of the street cleaning fund. SEC. 8. All contracts authorized by this act, and made and entered into by the said board of public works, shall be signed by the president and clerk of said board. SEC. 9. That so much of section six of an act entitled "an act to create a board of public works in certain cities having a population of one hundred and fifty thousand and upwards at the last federal census," passed March 17, 1876, which requires that all contracts in excess of five hundred dollars shall be approved by council, shall have no application to the provisions of this act; and that section four hundred and ninety-seven of the municipal code, as amended April 18, 1870, is hereby repealed so far as it may apply to cities herein described. Duties of board of pub lie works. SEC. 10. This act shall take effect and be in force from and after its passage. C. H. GROSVENOR, Speaker of the House of Representatives. SAMUEL KNOX, President pro tem. of the Senate. Passed April 21, 1877. Contingent fund for various purposes. Taxation. Issue bonds pay same. AN ACT To amend section fifty-six of an act entitled "An act for the reorganization and maintenance of common schools," passed and took effect May 1, 1873 (O. L., vol. 70, page 211.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section fifty-six of the above recited act be amended so as to read as follows: Section 56. Each board of education, at a regular or special meeting held between the third Monday in April and the first Monday in June of each year, shall determine by estimate, as nearly as practicable, the entire amount of money necessary as a contingent fund to be expended for prolonging the several schools of the district, for the purchase of suitable sites for school houses, for leasing, purchasing, erecting, and furnishing school houses, and for all other school expenses, not exceeding seven mills on the dollar of the taxable property of the district as valued for taxation: provided, however, that in cities of the first class having a population of not less than thirty thousand nor more than seventy-five thousand inhabitants, said levy shall not exceed five mills on the dollar of the taxable property. And any board of education of any city district of the first class are hereby authorized to issue bonds to obtain or improve public school property, and in anticipation of income from taxes for such purposes, levied or to be levied, may, from time to time, as occasion shall require, issue and sell bonds, under the restrictions and bearing a rate of interest specified in section sixty-three, and shall pay such bonds and the interest thereon when due, but shall so provide that no greater amount of such bonds shall be issued in any one year than would equal the aggregate of a tax at the rate of two mills under this section, for the year next preceding such issue: provided, that the order of such board to issue such bonds be made only at a regular meeting thereof, and by a vote of a majority of all the members of such board, taken by yeas and nays, and entered on the journal of the board. SEC. 2. That section fifty-six of an act entitled "an act for the reorganization and maintenance of common schools" be and the same is hereby repealed. |