Heffner v. City of Toledo

Citations

• 75 Ohio St. (N.S.) 413

Syllabus

<p>City ordinance — Must contain but one object — Clearly expressed, in its title — Issuing of bonds for street improvement — Statutory requirements — Sections 1536-213, 2835, 1536-285 and 1536-287, Revised Statutes — Section 53, Municipal Code — Municipal law.</p> <p>1. The statutory requirement that “No by-law or ordinance shall contain more than one subject, which shall be clearly expressed in its title,” was intended to prevent the uniting in one ordinance of diverse subjects or measures and effecting its passage by uniting in its support all those in favor of any, and to prevent the adoption of ordinances by the votes of councilmen ignorant of their contents.</p> <p>2. Whether an ordinance is violative of the statutory requirement that “No by-law’sor ordinance shall contain more than one subject, which shall be clearly expressed in its title,” is to be determined not by its form, but in the light of the mischief the statute was intended to prevent.</p> <p>3. An ordinance to provide for the issuing of bonds to pay the city’s part of the cost of thirty-two street and sewer improve- - ments, entitled: “An ordinance to provide for the issue of general street improvement bonds of the City of Toledo, State of Ohio, to pay said city’s p'art of the cost and expense of improving sundry streets and alleys by paving, repaving, grading and macadamizing and by constructing sewers therein and to pay the said city’s part of the cost and expense of constructing such sewers,” is not in conflict with the -statutory requirement that “No by-law or ordinance shall contain more than one subject, which shall be clearly expressed in its title.”</p> <p>'4. A city is not authorized to issue bonds to provide a. fund from which to pay its part of the cost of improvements that may from time to time be made, but it may, under Section 53 of the Municipal Code of 1902, Section 1536-213, Revised Statutes, or under Section 2835, Revised Statutes, issue bonds to pay its part of the cost of speci