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ARTICLE XVIII.44

MUNICIPAL CORPORATIONS.

CTION 1. Municipal corporations are hereby classified into cities and All such corporations having a population of five thousand or over e cities; all others shall be villages. The method of transition from one the other shall be regulated by law.

. 2. General laws shall be passed to provide for the incorporation and nent of cities and villages; and additional laws may also be passed for ernment of municipalities adopting the same; but no such additional law come operative in any municipality until it shall have been submitted to tors thereof, and affirmed by a majority of those voting thereon, under ions to be established by law.

F. 3. Municipalities shall have authority to exercise all powers of local ernment and to adopt and enforce within their limits such local police, v and other similar regulations, as are not in conflict with general laws. . 4. Any municipality may acquire, construct, own, lease and operate or without its corporate limits, any public utility the product or service of s or is to be supplied to the municipality or its inhabitants, and may with others for any such product or service. The acquisition of any blic utility may be by condemnation or otherwise, and a municipality quire thereby the use of, or full title to, the property and franchise of npany or person supplying to the municipality or its inhabitants the or product of any such utility.

5. Any municipality proceeding to acquire, construct, own, lease or a public utility, or to contract with any person or company therefor, t by ordinance and no such ordinance shall take effect until after thirty om its passage. If within said thirty days a petition signed by ten per of the electors of the municipality shall be filed with the executive y thereof demanding a referendum on such ordinance it shall not take ntil submitted to the electors and approved by a majority of those voting

The submission of any such question shall be governed by all the proof section 8 of this article as to the submission of the question of choosharter commission.

6. Any municipality, owning or operating a public utility for the of supplying the service or product thereof to the municipality or its nts, may also sell and deliver to others any transportation service of ility and the surplus product of any other utility in an amount not g in either case fifty per centum of the total service or product supplied utility within the municipality.

7. Any municipality may frame and adopt or amend a charter for its hent and may. subject to the provisions of section 3 of this article. thereunder all powers of local self-government.

8. The legislative authority of any city or village may by a twoote of its members, and upon petition of ten per centum of the electors rthwith, provide by ordinance for the submission to the electors, of the . "Shall a commission be chosen to frame a charter." The ordinance g for the submission of such question shall require that it be submitted lectors at the next regular municipal election if one shall occur not less ty nor more than one hundred and twenty days after its passage; othershall provide for the submission of the question at a special election to I and held within the time aforesaid. The ballot containing such ques11 bear no party designation, and provision shall be made thereon for tion from the municipality at large of fifteen electors who shall concommission to frame a charter; provided that a majority of the voting on such question shall have voted in the affirmative. Any so framed shall be submitted to the electors of the municipality at an to be held at a time fixed by the charter commission and within one m the date of its election, provision for which shall be made by the ticle XVIII is a new article; it was proposed by the convention of 1912 and ied on Sept. 3, 1912, by a vote of 301,861 to 215,120.

legislative authority of the municipality in so far as not prescribed by genera¦ law. Not less than thirty days prior to such election the clerk of the inunicipality shall mail a copy of the proposed charter to each elector whose name appears upon the poll or registration books of the last regular or general election held therein. If such proposed charter is approved by a majority of the electors voting thereon it shall become the charter of such municipality at the time fixed therein.

SEC. 9. Amendments to any charter framed and adopted as herein provided may be submitted to the electors of a municipality by a two-thirds vote of the legislative authority thereof, and, upon petitions signed by ten per centum of the electors of the municipality setting forth any such proposed amendment, shall be submitted by such legislative authority. The submission of proposed amendments to the electors shall be governed by the requirements of section as to the submission of the question of choosing a charter commission; and copies of proposed amendments shall be mailed to the electors as hereinbefore provided for copies of a proposed charter. If any such amendment is approved by a majority of the electors voting thereon, it shall become a part of the charter of the municipality. A copy of said charter or any amendment thereto shall be certified to the secretary of state, within thirty days after adoption by a referendum vote.

SEC. 10. A municipality appropriating or otherwise acquiring property for public use may in furtherance of such public use appropriate or acquire an excess over that actually to be occupied by the improvement, and may sell such excess with such restrictions as shall be appropriate to preserve the improve ment made. Bonds may be issued to supply the funds in whole or in part to pay for the excess property so appropriated or otherwise acquired, but said bonds shall be a lien only against the property so acquired for the improvement and excess, and they shall not be a liability of the municipality nor be included in any limitation of the bonded indebtedness of such municipality prescribed by law.

SEC. 11. Any municipality appropriating private property for a public improvement may provide money therefor in part by assessments upon benefited property not in excess of the special benefits conferred upon such property by the improvements. Said assessments, however, upon all the abutting, adjacent. and other property in the district benefited shall in no case be levied for more than fifty per centum of the cost of such appropriation.

SEC. 12. Any municipality which acquires, constructs or extends any publie utility and desires to raise money for such purposes may issue mortgage bonds therefor beyond the general limit of bonded indebtedness prescribed by law. provided that such mortgage bonds issued beyond the general limit of bondes indebtedness prescribed by law shall not impose any liability upon such munici pality but shall be secured only upon the property and revenues of such publis utility, including a franchise stating the terms upon which, in case of foreclosure. the purchaser may operate the same, which franchise shall in no case extend for a longer period than twenty years from the date of the sale of such utility and franchise on foreclosure.

SEC. 13. Laws may be passed to limit the power of municipalities to levy taxes and incur debts for local purposes, and may require reports from munici palities as to their financial condition and transactions, in such form as may be provided by law, and may provide for the examination of the vouchers, books and accounts of all municipal authorities, or of public undertakings conducted by such authorities.

SEC. 14. All elections and submissions of questions provided for in this article shall be conducted by the election authorities prescribed by general law The percentage of electors required to sign any petition provided for herein sha› be based upon the total vote cast at the last preceding general municipal electie i

SCHEDULE.

If the foregoing amendment to the constitution be adopted by the electo * and become a part of the constitution, it shall take effect on November 15, 1912

SCHEDULE.

TION 1. All laws of this state, in force on the first day of September, usand eight hundred and fifty-one, not inconsistent with this constitution, ntinue in force, until amended, or repealed.

2. The first election for members of the General Assembly, under this tion, shall be held on the second Tuesday of October, one thousand eight and fifty-one.

3. The first election for governor, lieutenant governor, auditor, treasd secretary of state and attorney general, shall be held on the second of October, one thousand eight hundred and fifty-one. The persons said offices on the first day of September, one thousand eight hundred -one, shall continue therein until the second Monday of January, one 1 eight hundred and fifty-two.

4. The first election for judges of the supreme court, courts of common ad probate courts, and clerks of the court of common pleas, shall be he second Tuesday of October, one thousand eight hundred and fifty-one, official term of said judges and clerks, so elected, shall commence on nd Monday of February, one thousand eight hundred and fifty-two. and clerks of the courts of common pleas and supreme court, in office irst day of September, one thousand eight hundred and fifty-one, shall in office with their present powers and duties, until the second Monday ary, one thousand eight hundred and fifty-two. No suit or proceeding in any of the courts of this state, shall be affected by the adoption of titution.

5. The register and receiver of the land office, directors of the penitenrectors of the benevolent institutions of the state, the state librarian, other officers, not otherwise provided for in this constitution, in office rst day of September, one thousand eight hundred and fifty-one, shall in office until their terms expire, respectively, unless the General shall otherwise provide.

6. The superior and commercial courts of Cincinnati, and the superior Cleveland, shall remain, until otherwise provided by law, with their powers and jurisdiction; and the judges and clerks of said courts, in the first day of September, one thousand eight hundred and fifty-one tinue in office, until the expiration of their terms of office, respectively, otherwise provided by law; but neither of said courts shall continue second Monday of February, one thousand eight hundred and fifty-three; uits shall be commenced in said two first mentioned courts, after the onday in February, one thousand eight hundred and fifty-two; nor in mentioned court, after the second Monday in August, one thousand dred and fifty-two; and all business in either of said courts, not diswithin the time limited for their continuance as aforesaid, shall be ed to the court of common pleas.

7. All county and township officers and justices of the peace, in office st day of September, one thousand eight hundred and fifty-one, shall in office until their terms expire, respectively.

S.

Vacancies in office, occurring after the first day of September, one eight hundred and fifty-one, shall be filled, as is now prescribed by until officers are elected or appointed, and qualified, under this consti

9. This constitution shall take effect on the first day of September, one eight hundred and fifty-one.

10.

All officers shall continue in office, until their successors shall be d qualified.

11.

Suits pending in the supreme court in bank, shall be transferred reme court provided for in this constitution, and be proceeded in accord

v.

12. The district courts shall, in their respective counties, be the sucthe present supreme court; and all suits, prosecutions, judgments. nd proceedings, pending and remaining in said supreme court, in the

several counties of any district, shall be transferred to the respective distrit courts of such counties, and be proceeded in, as though no change had been ma in said supreme court.

SEC. 13. The said court of common pleas, shall be the successors of the preent courts of common pleas in the several counties, except as to probate jurisdie tion; and all suits, prosecutions, proceedings, records and judgments, pending or being in said last mentioned courts, except as aforesaid, shall be transferred to the courts of common pleas created by this constitution, and proceeded in, as though the same had been therein instituted.

SEC. 14. The probate courts provided for in this constitution, as to al matters within the jurisdiction conferred upon said courts, shall be the successors in the several counties, of the present courts of common pleas; and the records files and papers, business and proceedings, appertaining to said jurisdiction, shall be transferred to said courts of probate, and be there proceeded in, according to law.

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SEC. 15. Until otherwise provided by law. elections fo judges and clerks shall be held, and the poll-books returned, as is provided for governor, and the abstract therefrom, certified to the secretary of state shall be by him opened, in the presence of the governor, who shall declare the result, and issue commissioLS to the persons elected.

SEC. 16. Where two or more counties are joined in a senatorial, representative, or judicial district, the returns of election shall be sent to the county having the largest population.

SEC. 17. The foregoing constitution shall be submitted to the electors of the state, at an election to be held on the third Tuesday of June, one thousand eight hundred and fifty-one, in the several election districts of this state. The ballots at such election shall be written or printed as follows: Those in favor of the constitution. "New constitution, Yes;" those against the constitution. "New constitution, No." The polls at said election shall be opened between the hours of eight and ten o'clock A. M., and closed at six o'clock P. M.; and the said election shall be conducted, and the returns thereof made and certified, to the secretary of state, as provided by law for annual elections of state at county officers. Within twenty days after such election, the secretary of stat shall open the returns thereof, in the presence of the governor; and, if it sha appear that a majority of all the votes, cast at such election, are in favor of the constitution, the governor shall issue his proclamation, stating that fact. a said constitution shall be the constitution of the state of Ohio, and r otherwise.

[Sec. 18.

Repealed on Sept. 3, 1912.]45

SEC. 19. The apportionment for the house of representatives, during the first decennial period under this constitution, shall be as follows:

The counties of Adams, Allen, Athens, Auglaize, Carroll, Champetz Clark, Clinton, Crawford, Darke. Delaware. Erie, Fayette, Gallia. Geans Greene, Hancock, Harrison, Hocking, Holmes, Lake, Lawrence, Logan, Madis Marion, Meigs, Morrow, Perry, Pickaway, Pike, Preble, Sandusky, Scioto, Shel and Union, shall, severally, be entitled to one representative, in each sess of the decennial period.

The counties of Franklin, Licking, Montgomery, and Stark, shall each entitled to two representatives, in each session of the decennial period.

The counties of Ashland, Coshocton, Highland, Huron, Lorain. Mahonir. Medina, Miami. Portage, Seneca, Summit, and Warren, shall, severally. entitled to one representative, in each session and one additional represen tive in the fifth session of the decennial period.

The counties of Ashtabula, Brown, Butler, Clermont, Fairfield, Guernse Jefferson, Knox, Monroe, Morgan, Richland, Trumbull, Tuscarawas, and W:sington shall, severally, be entitled to one representative, in each session; ate two additional representatives, one in the third, and one in the fourth sest of the decennial period.

45 Section 18 was repealed by the adoption of Section 9, Article XV; see X¢ No. 39.

The counties of Belmont, Columbiana, Ross and Wayne, shall, severally, be titled to one representative, in each session; and three additional representaes, one in the first, one in the second, and one in the third session of the ennial period.

The county of Muskingum shall be entitled to two representatives, in each sion; and one additional representative, in the fifth session, of the decennial riod.

The county of Cuyahoga shall be entitled to two representatives, in each ssion; and two additional representatives, one in the third, and one in the irth session of the decennial period.

The county of Hamilton shall be entitled to seven representatives, in each ssion and four additional representatives, one in the first. one in the second, e in the third, and one in the fourth session, of the decennial period.

The following counties, until they shall have acquired a sufficient populan to entitle them to elect, separately, under the fourth section of the eleventh icle. shall form districts in manner following, to-wit: The counties of kson and Vinton, one district; the counties of Lucas and Fulton, one disrt: the counties of Wyandot and Hardin, one district; the counties of Mercer 1 Van Wert, one district; the counties of Paulding, Defiance, and Williams, · district; the counties of Putnam and Henry, one district; and the counties Wood and Ottawa, one district; each of which districts shall be entitled to representative, in every session of the decennial period.

Done in convention at Cincinnati, the tenth day of March, in the year of Lord, one thousand eight hundred and fifty-one, and of the independence of United States, the seventy-fifth.

WILLIAM MEDILL, President.

Attest: WM. H. GILL, Secretary.

SCHEDULE TO CONSTITUTIONAL AMENDMENTS SUBMITTED ON SEPTEMBER 3, 1912.

[SEC. 20.] The several amendments passed and submitted by this conveni when adopted at the election shall take effect on the first day of January, 3. except as otherwise specifically provided by the schedule attached to any said amendments. All laws then in force, not inconsistent therewith shall tinue in force until amended or repealed; provided that all cases pending he courts on the first day of January, 1913, shall be heard and tried in the e manner and by the same procedure as is now authorized by law. Any vision of the amendments passed and submitted by this convention and pted by the electors, inconsistent with, or in conflict with, any provision the present constitution, shall be held to prevail. 46

METHOD OF SUBMISSION.

[SEC. 21.] The several proposals duly passed by this convention shall be mitted to the electors as separate amendments to the constitution at a rial election to be held on the third day of September, 1912. The several endments shall be designated on the ballot by their proper article and section ubers and also by their approved descriptive titles and shall be printed on 1 ballot and consecutively numbered in the manner and form hereinafter forth. The adoption of any amendment by its title shall have the effect of pting the amendment in full as finally passed by the convention. Said cial election shall be held pursuant to all provisions of law applicable thereto inding special registration. Ballots shall be marked in accordance with inetions printed thereon. Challengers and witnesses shall be admitted to all ing places under such regulations as may be prescribed by the secretary of Within ten days after said election the boards of deputy state supervisors elections of the several counties shall forward by mail in duplicate sealed tified abstracts of the votes cast on the several amendments, one to the

te.

Schedule to constitutional amendments submitted on Sept. 3, 1912; adopted by a of 275,062 to 213,979.

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