The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1852-07-23


capcy.
FURTHER GENERAL PROVISIONS.
Sec.. .02 All bylaws or ordinances
shall, as soon as may be after their pas.
sage, be recorded in book kept for that
purpose, and be authenticated by the sig.
natures of'he presiding officer Of the
council, and the clerk, and allby.laws oi
a general or permanent nature, and ti,ose
imposing nnv ine. penalty or forfeiture,
shall be published in some newspaper Of
general circulation in the municipal cor.
poration; and i, shall be deemed suffi-
ccnt defence 10 any suit or prosecution
for such fine, penalty or forfeiture, to
show that no snch publication was made.
Sec. l03 On the passage or adop.
ron of every bylaw or ordinance, and
every resolution or order TO enter into
contract, by any council OF any municipal
corporation, the yeas and nays shall be
called and recorded, and to pass or adop,
any bylaw or ordinace, ,or any such resolu.
iion or order, a concurrence of a majority
Of the whole number Of members elected
TO the council shall be required; all up.
poinimenis Of officers by any council
shall he made viva VICE, and the concur
rance Of like majority shall be required;
the names Of those voting, and for whom
they voted, on the vote resulting in an ap
pointment, shall he recorded. No money
shall be appropriated by the council, ex-
cep' BY ordinance.
Sec. l04. No street or highway shall
be opened. slraigh,ened or wldened, nor
shall any other improvement, be made,
which will require proceedings 10 con-
demn private property, without The cor.
currence in the bylaws, ordinance or res.
olution. directing the same, Of two-ihirds
Of the whole number of the members
elected to the council; and the concur
renee Of like majority shall be required
IN diect any improvement or repair of
Q stree, or highway, the cost Of which is
io be assessed on the owners of properly,
unless Iwo-thirds of the owners to be
char ged shall petition in writing therefor.
Sec. los. In all cities Of the fi,s,
class; where there shall be board Of
city improvements, no Improvement or re-
pair in relation 10 streets, sewers, or
bridges, shall be ordered or directed by
The city council. except On the report
and recommendation of the said board;
all petitions from owners Of property in
relation 10 snch improvements, shall be
presented to such board, who shall report
from time 10 time, TO the city council,
when any such improvement is necessary |
or proper, and when an assessment is re-
qulred, and the proper aroun, to be asses.
sed; and the city council shall take such
action thereon as may be deemed proper.
Sec. 1o6. All rights sud properly, Of
every kind and description, which Were
vested in any municipal corporation under
its fnrmer areaniz,tion, shall he deemed
and held to be vested in the same NUM-
cipal corporation under the organization
made by this act; and no rights or iiabili-
lies, eitherin favor Of or against such
corporation, existing NJ the time Of taking
rffec Of lbts act, and no suit or prosecu-
lion Of any kind. shall be in any manner
affect d bv such change, but the same
shall stand or progress as if no such
change had been made; Provided, tina,
where different remedy is given in this
act, which can be properly made applica-
BILE to any right existing at tho time Of
it's passage, the same shall be deemed
10 the remedies before pro.
vided, and may be used accordingly.
Sec. lO7 Any municipal corporation.
which, under It's former organization, held
,r exercised any power or duty, in order
ng or directing the election Of justices Of
he peace, cons,ables, or other township
,ffice, shall continue TO hold and exercise
such power and duty, until otherwise pro-
,Med by law.
Sec. los. ANY municipal corporation
u which, under its former organization,
my law or charter regulating any literary,
charitable or benevolent institution, vest
d any power appointing officers Of su-
or control, shall continue to
,olI and possess the like power and au.
boriiy in every respect.
Sec. 100. That the mayor, trustees,
marshal, treasurer, AMI oil officers here
ofore elected by the people, or appointed
" any mrni .ipal corporation, now in
,ffice, shall remain and continue in their
Offices, and perform the sever.
Il duties thereof, under the provisions Of
his act, until the time shall expi,e for
which they shall have been elected or ap
,oin,ed, and until their SUCCESSOR shall be
chosen or appointed and qualified, unless
he councl or corporal on shall otherwise
provide; bur all such officers shall not
any Instruction in this
.ct, be subjec, to such rules and rePula.
ions touchingtheirduiies or compensation,
IS the proper authority ofany municipal
may provide; and all laws,
,riinances and resolutions heretofore
awfuIly passed and adopted by the city
ouncil. shall be, remain, and continue
n force, until altered or repealed BY the
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