Link v. Karb

Citations

• 89 Ohio St. (N.S.) 326

Syllabus

<p>Constitutional law — Amendments effective January I, 1913 — Do not affect city ordinance, when — Bond issues — Taxing authorities must provide for interest and retirement — Section 11, Article XII, Constitution — Such levy must be provided, how —And be determined, how — Blections—Jurisdiction of contested elections — Section 21, Article II, and Section 1, Article IV, Constitution — Court will not enjoin issuance of municipal bonds — Voted for at alleged irregular election, when — Petition presents equitable or contested election question, when.</p> <p>1. The amendments to the constitution of this state, taking effect January 1, 1913, do not affect the validity of a city ordinance authorizing the issuing of city bonds, passed June 17, 1912.</p> <p>2. Section 11 of Article XII of the Constitution of Ohio requires the taxing authority of any political subdivision of the state proposing to issue bonds to provide at the time the issue of bonds is authorized, for levying and collecting annually by taxation an amount sufficient to pay the interest on the bonds proposed to be issued and to provide for their final redemption at maturity. This provision made at the time the issue of bonds is authorized is mandatory on all subsequent taxing officials of that political subdivision during the term of the bonds.</p> <p>3. This provision of the constitution does not require that at the time the issue of bonds is authorized there shall then be levied any specified amount or any specific rate, but it does require that provision shall then be made for an annual levy during the term of the bonds in an amount sufficient to pay the interest on the bonds proposed to be issued and to provide for their final -redemption at maturity, which levy must be made annually in pursuance of the provisions of the original ordinance or resolution requiring the same. The amount necessary to be levied for the purposes specified is to be determined by the taxing officials at the time the levy is made.