Shryock v. City of Zanesville

Citations

• 92 Ohio St. (N.S.) 375

Syllabus

<p>Municipal corporations — Public utilities — Erection and construction of purification plant — Resolution authorising employment of engineer, etc. — Not within Sections 4 and 5, Article XVIII, Constitution (1912), when — Referendum on municipal ordinances — Emergency laws — Section 4227-3, General Code (103 O. L., 212), constitutional — Article II, Constitution (1912).</p> <p>1. A resolution passed by council of a municipality directing the public service director to employ a competent engineer to prepare plans and specifications for the erection and construction of a mechanical filtration plant for the purification of the water supply of a municipality wherein there was already established and in, operation a complete water system, does not come within the terms of Sections 4 and 5 of Article XVIII of the Constitution in so far as such sections relate to the subject of the acquirement, construction, owning, leasing and operating a public utility by a municipality.</p> <p>2. Section 4227-3, General Code, as amended 103 Ohio Laws, 212, authorizing the passage by councils of municipalities of emergency laws necessary for the immediate preservation of the public peace, health or safety, is not repugnant to the constitution but is wholly consistent with all of the sections of Article II when construed together.</p>