City of Akron v. Dobson

Citations

• 81 Ohio St. (N.S.) 66

Syllabus

<p>Bond issue by municipality — Section 2835, Revised Statutes — Bond issue for equipping buildings of fire department — For apparatus other than fire engines — Interpretation of Section 2835-27, Revised Statutes — Power of municipal corporation to appropriate money for specific purpose — Requirement of law that money be in treasury before appropriation — Section 1536-205, Revised Statutes — Does not apply to appropriation from sale of bonds, when.</p> <p>1. A municipal corporation may, under Section 2835, Revised Statutes, issue its bonds for the purpose of equipping buildings used by its fire department with apparatus other than, or in addition to fire engines. The special provisions of paragraph 27 do not govern the general provisions of paragraph 2 of that section.</p> <p>2. The council of a municipal corporation may, by ordinance, appropriate money and authorize the directors of public safety to enter into contracts for an authorized purpose, and in such case the particular contract made by the directors to effect that purpose, if within the appropriation and the authority, does not have to be approved by council.</p> <p>3. Section 1536-205, Revised Statutes, providing that no contract, agreement or other obligation involving the expenditure of money shall be entered into, nor shall any ordinance, resolution or other order for the expenditure of money, be passed by the council or by any board or officer of the municipal corporation, unless the auditor of the corporation shall first certify to council that the money required for the contract, agreement or other obligation, or to pay the appropriation or expenditure, is in the treasury to the credit of the fund from which it is to be drawn and not appropriated for any other purpose, does not apply to an ordinance appropriating the money obtained by council, from a sale of bonds made by it, to the purpose for which the bonds were sold.</p>