Emmert v. City of Elyria

Citations

• 74 Ohio St. (N.S.) 185

Syllabus

<p>Improvements of streets by municipality — Section 1536-215. Revised Statutes — Ordinance shall contain character of materials, when — Restrictions as to municipal contracts— Section 1536-205, Revised Statutes — No contract for expenditure of money, until money is in treasury to credit of proper fund — Exceptions in favor of street improvement contracts', when — Requirements as to sale of bonds, etc. — Municipal law.</p> <p>1. A statement in an ordinance, providing for the improvement of a street by paving, that the paving material shall be asphalt, brick or other material as may thereafter be determined, meets the requirement of section 55 of the municipal code, ,(1536-215, Revised Statutes, Bates 5th ed„), that the ordinance' shall contain a statement of the general nature of the improvement and the character of the materials which may be bid upon therefor.</p> <p>2. Sections 45 and 45a of the municipal code (1536-205 and 1536-205a, Revised Statutes, Bates 5th ed.), providing in substance that no contract involving the expenditure of money shall be entered into unless the auditor of the corporation shall first certify to council that the money required for the contract is in the treasury to the credit of the fund from which it is to be drawn and not appropriated for any other purpose and that a contract entered into contrary to such provision shall be void and that the money to be derived from lawfully authorized bonds or notes sold and in process of* delivery shall be deemed in the treasury and In the appropriate fund, do not apply to contracts for street improvements, when bonds have been authorized by the municipality to be issued to pay the entire estimated cost and expense of the improvement.</p>