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Appropriations for 'Ohio uni

versity, Miami aniversity, and

Wilberforce aniversity.

[House Bill No. 199.)

AN ACT
Making appropriations for the Ohio university, the Miami uni-

versity, and (for) the normal and industrial department of

Wilberforce university.
Be it enacted by the General Assembly of the State of Ohio:

SECTION I. That there be and hereby is appropriated from any money raised or coming into the state treasury to the credit of the Ohio university, Miami university, and the normal and industrial department of the Wilberforce university funds, not otherwise appropriated, for the last three-quarters of the fiscal year ending November 15, 1902, and the first quarter of the fiscal year ending February 15, 1903, the following sums, to-wit:

For the Ohio university the sum of $35,000.00.
For the Miami university the sum of $25,000.00.

For the normal and industrial department of the Wilberforce university the sum of $20,000.00, and $18,300.00 to pay existing deficiencies.

And for the last three-quarters of the fiscal year ending November 15, 1903, and the first quarter of the fiscal year ending February 15, 1904, the following sums, to-wit:

For the Ohio university the sum of $35,000.00.
For the Miami university the sum of $25,000.00.

For the normal and industrial department of the Wilberforce university the sum of $20,000.00—or so much of said several amounts as may come into the state treasurer [treasury] to the credit of said funds, to be applied to the lises and purposes of [the] said universities, in accordance with the provisions of section 3951, Revised Statutes, as amended March 20, 1891 (O. L., vol. 88, p. 159), and as further amended February 26, 1896 (O. L., vol. 92, p. 40); and an act to amend section 12 of an act passed March 19, 1887, (O. L., vol. 84, p. 127), entitled "An act to aid in the establishment and maintenance of a combined normal and industrial department at Wilberforce university, Greene county, Ohio," passed April 16, 1896 (O. L., vol. 92, p. 156).

SECTION 2. This act shall take effect and be in force on its passage.

W. S. MCKINNON, Speaker of the House of Representatives.

CARL L. NIPPERT,

President of the Senate. Passed February 18, 1902.

12 G

(House Bill No. 178.]

AN ACT

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To amend section 3959 of the Revised Statutes of Ohio, as amended

March 22d 1900, and April 16th 1900 (94 O. L., 66 and 391).
Be it enacted by the General Assembly of the State of Ohio:

SECTION 1. That section 3959 of the Revised Statutes School funds: of Ohio be amended to read as follows: Sec. 3959. Such estimate and levy shall not exceed, in Maximum of

levy; exceptions cities of the first grade of the first class, three and onefourth mills; provided, however, that the boards of education in said cities may levy one mill additional for every five thousand pupils over and above twenty-five thousand enrolled in the public schools of said cities, which levy, however, shall in no case exceed four and one-tenth mills; and in cities of the second grade of the first class such estimate and levy shall not exceed

seven mills on the dollar of valuation of taxable property * provided, however, that boards of education in said cities of the second grade of the first class may levy

in addition to the seven mills, a tax not to exceed one mill on the dollar of valuation of taxable property within said district which said levy shall be used for the purchase of schoolhouse sites and the erection of school buildings thereon and for no other purpose whatever, and for the purpose of paying for such sites or for the construction of such buildings such board of education may issue certificates of indebtedness in anticipation of such levy, payable at such times not exceeding one year from date of issue as they may designate, but bearing no interest before maturity. And in all other districts, except those hereinafter named, such estimate and levy shall not exceed seven mills on each dollar of valuation of taxable property ; provided, however, that in counties containing a city of the first grade of the first class, in districts outside such city in which a high school is maintained, and in all special and village districts of any county in the state, such estimate and levy shall not exceed ten mills on each dollar of valuation of taxable property; but a greater tax than is authorized above, except in city districts of the first class, may be levied for either of the purposes specified in section 3958 if the proposition to make such levy shall have been first submitted by the board of education to a vote of the electors of the school district, under a resolution prescribing the time, place and manner of voting on the same, and approved by two-thirds of those voting on the proposition, notice of which election must be given by publication of the resolution for three consecutive weeks prior thereto in some newspaper published and of general circulation in the district, or by posting copies thereof in five of the most conspicuous places in the district, for a like period if no such paper is published therein.

Repeals, etc.

SECTION 2.

Section 3959 of the Revised Statutes of Ohio, as amended March 22nd, 1900, and April 16, 1900, is hereby repealed and this act shall take effect on its passage.

W. S. MCKINNON, Speaker of the House of Representatives.

CARL L. NIPPERT,

President of the Senate.. Passed February 18, 1902.

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[House Bill No. 150.]

AN ACT

Appropriation for Ohio state university.

Making appropriation for the Ohio state university.
Be it enacted by the General Assembly of the State of Ohio:

SECTION I. That there be and is hereby appropriated: from any moneys coming into the state treasury to the credit of “the Ohio state university fund," not otherwise appropriated for the last three quarters of the fiscal year ending November 15, 1902 and the first quarter of the fiscal year ending November 15, 1903, the sum of one hundred and ninety-six thousand dollars ($196,000), or so much of said sum as may come into the treasury to the credit of said fund; and for the last three quarters of the fiscal year ending November 15, 1903, and the first quarter of the fiscal year ending November 15, 1904, the sum of one hundred and ninety-six thousand dollars ($196.000), or so much of said sum as may come into the treasury to the credit of said fund, to be applied to the uses and purposes of the Ohio state university in accordance with the provisions of section 3951 of the Revised Statutes of Ohio as amended March 29, 1900.

SECTION 2. That this act shall take effect and be in force from and after its passage.

W. S. MCKINNON. Speaker of the House of Representatives.

CARL L. NIPPERT.

President of the Senate. Passed February 20, 1902.

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(House Bill No. 141.)

AN ACT

To supplement section 1692 of the Revised Statutes of Ohio by

adding thereto subsection 41. Be it enacted by the General Assembly of the State of Ohio:

SECTION 1. That Section 1692 of the Revised Statutes of Ohio be and the same is hereby supplemented by adding thereto subsection 41 as follows:

Cities and vil. ages: enumeration of powers

41. To erect and maintain public bath houses.

SECTION 2. This act shall take effect and be in force from and after its passage.

W. S. MCKINNON,
Speaker of the House of Representatives.

CARL L. NIPPERT,

President of the Senate.
Passed February 20, 1902.

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(House Bill No. 80.]

AN ACT

To amend sections 4836f and 4836h of the Revised Statutes of

Ohio, making provision for the repair of improved roads in

certain counties. Be it enacted by the General Assembly of the State of Ohio:

SECTION 1. That sections 4836f and 4836h of the Re- Two-mile asvised Statutes be amended so as to read as follows:

sessment pikes (in Lucas

county): Sec. 4836f. For the purpose of providing by general General tax taxation a fund out of which not less than one-third of the levies for concost and expense of all improvements made under the pro- repair of imvisions of this act can be paid, the commissioners of such

proved roads. county are hereby authorized to levy upon the grand duplicate of the county, not exceeding seven-tenths of one mill in any one year upon each dollar of the valuation of the taxable property in such county. And said commissioners shall at all times cause all necessary repairs to be made on such roads already constructed, or hereafter to be constructed or improved for their proper maintenance; and for such purpose may and they are hereby authorized to levy a tax upon the grand duplicate of the county, not exceeding four-tenths of one mill in any one year upon each dollar of the valuation of taxable property in such county. At their March session annually the commissioners shall divide each completed stone road in such county into sections of not more than two miles in length for the purpose of controlling the repairs of such roads. They shall at the same time make an estimate of the amount of materials required to keep each of said sections in proper condition during the next following year and decide upon the most convenient places for having said material delivered. They shall then fix a day on which they will let to the lowest responsible bidder the job of furnishing and delivering the said materials at the place decided upon and of keeping the said sections in repair for the period of one year according to specifications to be submitted to the bidders. They shall require and entertain separate bids for furnishing the material at the designated places of delivery, and for doing the necessary labor in keeping said sections in repair. When the necessary preliminary steps, as herein

before provided, have been taken, they shall cause three
weeks' notice to be given by advertisement and handbills-
posted up on the lines of said roads, of the time when and
place where bids for furnishing and delivering the said ma-
terial and doing the said work will be received. They shall
enter into contract with the sucessful bidder, and shall re-
quire good and sufficient bond of him for the faithful per-
formance of the same, reserving the right to terminate each
and every contract whenever in their opinion its provisions
are not complied with. Before paying for any material für-
nished under contracts entered into in accordance with the
provisions of this section it shall be the duty of the said
board of county commissioners to inspect the same as to
quality and quantity furnished. And said respective levies.
shall be in addition to all other levies authorized by law,
notwithstanding any limitation upon the aggregrate amount
of such levies now in force. The proceeds of the levies
hereby authorized to be made, shall be applied and used by
the county commissioners in the construction and repair of
such macadamized, stone and gravel roads, as the case may
be, and for no other purpose, and these funds shall not be
subject to distribution to the townships but shall be ex-
pended under the direct orders and supervision of the county
commissioners. All the proceeds of such stone road build-
ing levies and of the sale of any bonds under the provisions
of section forty-eight hundred and forty-six, shall be paid
to the credit of a fund to be called "the stone road building
fund,” out of which shall be paid all the costs and expenses
of said improvement, except the expense of the preliminary
view and survey and the fees of the auditor and commission-
er, but the auditor shall keep a separate account of each
different improvement in a book to be kept for that purpose.
The provisions of “An act to authorize certain cities to build
bridges and issue bonds therefor," passed March 4, 1883
(80 Ohio Laws, page 73), requiring all levies upon the prop-
erty within any city of the third grade of the first class, made
by the county commissioners for road purposes, to be paid
into the treasury of said city, shall in no wise conflict with
the provisions of this act, and shall not be applicable to the
levies specifically authorized therein, the proceeds of which
are to be applied and used by the county commissioners in
the construction and repair of such roads. (88 V. 596; 82
V. 146.)

Sec. 4836h. The commissioners of any such county thorized to issue containing a city of the third grade, first class, are hereby bonds for repair authorized to issue and sell bonds of such county to an of roads.

amount not in excess of fifteen thousand dollars ($15,000), for the purpose of paying for the repair of macadamized, stone, or gravel roads built under the provisions of [the] said section 4836 and sections supplemental thereto; said bonds to state for what purpose issued, to bear interest at a rate not in excess of five per cent. per annum, payable semi-annually, to mature in not less than ten nor more than twenty years after their issue, and they shall be sold according to law and

County commissioners au

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