State ex rel. Merydith Construction Co. v. Dean

Citations

• 95 Ohio St. (N.S.) 108

Syllabus

<p>Taxation — Municipal bonds for filtration plant — Order of state board of health — Section 1259, General Code — How funds provided — Tax levy for sinking fund and interest — Sections 5649-1, 5649-2 and 5649-30, General Code — Limitations on tax levy and rate — Section 3940, General Code — Limitations of total indebtedness — Section 3952, General Code — Borrowing money — Act effective, when — Refusal of city auditor — To sign bond issue— Mandamus.</p> <p>1. Under the provisions of Section 5649-1, General Code, as amended 104 Ohio Laws, page 12, it is the duty of all taxing authorities to levy a tax, within the limitations prescribed by law, sufficient to provide for sinking fund and interest purposes for all bonds issued by any political subdivision of the state, which tax when levied shall have preference to all other levies and for the full amount thereof. Bonds issued by a municipal corporation to provide funds to comply with orders promulgated by the state board of health, and approved by the governor and attorney general, as provided by Section 1249 et seq., General Code, are subject to these provisions.</p> <p>2. In providing funds for sinking fund and interest to discharge obligations arising from bonds issued after June 1, 1915, in compliance with orders pf the state board of health issued and approved prior to June 1, 1915, the taxing authorities of municipal corporations shall disregard the limitations on tax levies provided by Section 5649-2, General Code. Taxing authorities shall likewise disregard Section 5649-3®, General Code, in so far as it limits to five mills -the aggregate of all taxes that may be levied by a municipal corporation on the taxable property in a municipal corporation, for the purpose of providing funds for sinking fund and interest on account of bonds so issued.</p> <p>3. Section 1259, General Code, confers independent bond-issuing power upon municipal corporations to provide funds to comply with orders of the state board of health