State ex rel. McCormick v. Fouts

Citations

• 103 Ohio St. (N.S.) 345

Syllabus

<p>Municipal corporations — Home rule — Adoption of charter— Initiative petition to submit question — Council passes necessary ordinance■ — Yea and nay vote unnecessary — Validity of petition immaterial, when — Date for submission at election.</p> <p>1. Where a petition has been filed with the legislative authority of a city praying the passage of an ordinance for submission to the electors, of the city of the question “shall a commission be chosen to frame a charter” and the legislative authority in fact passes an ordinance by a two-thirds vote of its members, no inquiry may thereafter be made into the form, substance or sufficiency of such petition.</p> <p>2. It is not necessary that such an ordinance become effective more than sixty days prior to the next regular municipal election, it being only necessary that such ordinance should have been passed not less than sixty days prior to such election.</p> <p>3. In passing such an ordinance it is' not necessary that council take ■and record the yea and nay vote of the members. It is only . necessary that it clearly appears by the minutes of the council that the ordinance received a two-thirds vote of all the members,</p>