City of Cleveland v. Public Library Board of the City School District

Citations

• 94 Ohio St. 311
• 114 N.E. 247
• 1916 Ohio LEXIS 141

Syllabus

<p>Municipal corporations — Public libraries — Donation or transfer of property — To trustees of library — Section 3711, General Code — Authority of trustees to accept site — Section 3713, General Code — Consideration —• Consolidation agreement between Cleveland and Ohio City — Transfer of resultant property— Not violative of trust agreement, when.</p> <p>1. A municipal corporation has no authority to donate real or personal property to the trustees of a public library of a school district within which such municipality is situated. (Wasson et al. v. Commissioners, 49 Ohio St., 622; Hubbard, Treas., v. Fitzsimmons, 57 Ohio St., 436, and The State, ex rel. The Clemmer & Johnson Co., v. Turner, Attorney General, 93 Ohio St., 379, approved and followed.)</p> <p>2. Under the provisions of Section 3711, General Code, a municipal corporation may transfer real or personal property, acquired or suitable for municipal purposes, to the trustees of any public library for the school district within which such municipality is situated, for an adequate consideration other than money, upon such lawful terms and conditions as are agreed to between the municipal corporation and the trustees.</p> <p>3. Section 3712, General Code, authorizes the board of trustees of a public library for a school district within which a municipal corporation is situated, to accept a transfer of real or personal property from such municipal corporation for library purposes, upon such lawful terms and conditions as are agreed to between the municipal corporation and the trustees, and to enter into any contract relating thereto.</p> <p>4. A transfer by the city of Cleveland of property acquired by it from investment of the trust fund created by article 6 of the consolidation agreement entered into in 1854 between the city of Cleveland and Ohio City, to the public library board of the city school district of the city of Cleveland, to be used exclusively for library purposes, the title to revert to the city