Heffner v. Krinn

Citations

• 98 Ohio St. (N.S.) 1

Syllabus

<p>Municipal corporations — Bond issues — Referendum required, when — Necessity of legislation by council — Initiated ordinances— Bond issue ratified by electors — Limitation of indebtedness.</p> <p>1. Subject to other provisions of the statutes of this state, limiting the total issue of bonds for any and all purposes, Section 3939, General Code, as amended May 15, 1911 (102 O. L., 262), authorizes the council of a municipal corporation to issue bonds for the purposes named in that section, and within the limitations named in Sections 3940 and 3941, General Code; but ■where it is proposed to issue bonds in excess of the limitations named in these sections the question of issuing such bonds must be submitted to the electors of the municipality.</p> <p>2. Where bonds are proposed to be issued under the authority of</p> <p>Section 3939, -General Code, and within the limitations named in Sections 3940 and 3941, General Code, the council of a municipal corporation is required to pass but one ordinance authorizing the issue of such bonds in order to complete the legislation necessary to make and pay for such public improvement.</p> <p>3. Under the provisions of Section 4227-1, General Code, as</p> <p>amended April 17, 1913 (103 O. L., 211), such ordinance may be proposed by initiative petition, and, if approved by a majority of the electors voting upon the question of its adoption, no other or further ordinance, resolution or measure is required to authorize the issue of such bonds.</p> <p>4. Where it is proposed to issue bonds of a municipal corporation</p> <p>for any purpose named in Section 3939, General Code, in excess of the limitations named in Sections 3940 and 3941, General Code, and within the limitations of the total amount of bonds that may be issued for any and all purposes, the municipal council is required to pass a preliminary resolution by an affirmative vote of not less than two-thirds of all the members elected or appointed thereto, declaring it necessar