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$$ 987-990.

Plans and bills of expense for im

made.

INFIRMARY DIRECTORS.

Tit. VIII, Ch. 2.

and the improvements of the grounds therewith connected, the alteration of and addition to any such building or buildings, and the care and treatment of all who become inmates thereof, shall be vested absolutely in the directors of the infirmary for said county, who may make all contracts and purchases necessary for such infirmary, and prescribe such rules and regulations as they deem proper for the management and good government of the same. [69 v. 50, S 1.]

SEC. 987. When, in the opinion of the directors of such county inprovements to be firmary, it becomes necessary to make any addition thereto or alteration of any said infirmary building or buildings, for the better accommodation of the inmates thereof, the directors, in case the estimated cost of such improvement exceeds the sum of one thousand dollars, shall first make, or cause to be made, a full, complete, and accurate plan or plans of such proposed addition to or alteration of such building or buildings, showing all the necessary details of the work, together with working plans suitable for the use of the mechanics or other builders during the construction thereof; and also accurate bills, showing the exact amount of all the different kinds of materials to be used in such improvement, to accompany said plan or plans; and also full and complete specifications of the work to be done, and giving such directions for the same as will enable any competent builder to carry them out; and shall further make or cause to be made a full, accurate, and complete estimate of each item of expense, and the entire cost of such addition to or alteration of any such infirmary building or buildings when completed. [69 v. 50, § 2.] SEC. 988. Before any contract is entered into by said directors of the county infirmary, such plans, drawings, representations, bills of and board of con- materials, and specifications of work, and estimate of the cost thereof, in detail and in the aggregate, as are required to be made in the preceding section, shall be submitted to the commissioners and board of control of the county for their approval; and if approved by them, a copy thereof shall be deposited in the office of the auditor of said county, and by him safely kept for the use and inspection of all parties interested. [69 v. 50, § 3-1

Shall be submitted to county commissioners

trol.

Notice of propos

lished by county auditor.

Contracts, how made, etc.

SEC. 989. After such plans, drawings, representations, bills of material, specifications and estimates, as herein required, are made by the directors of the county infirmary, and approved by the commissioners and board of control of said county, the county auditor shall give public notice in any newspaper of general circulation in said county, of the time and place, when and where sealed proposals will be received for performing the labor and furnishing the materials necessary for the addition to or alteration of any such infirmary building or buildings, and when and where a contract or contracts, based on such sealed proposals, will be made; which notice shall be published weekly, at least four consecutive weeks next preceding the day named for the making of such contract or contracts, and shall state when and where such plan or plans, drawings, representations and specifications can be seen, and which shall be open to public inspection at all reasonable hours, between the date of such notice and the making of such contract or contracts. [69 v. 50, $ 4.]

SEC. 990. The directors of the county infirmary, if for any cause they fail to make the contract or contracts as herein provided for, on the day named in the notice, shall continue from day to day until such contract or contracts be made; but such contract or contracts shall be awarded to and made with the person or persons who offer to perform the labor and furnish the materials at the lowest price, and give good and sufficient bond to the acceptance of the directors for the performance of the contract or contracts, according to the plan or plans, draw

$$ 991-993.

INFIRMARY DIRECTORS.

Tit. VIII, Ch. 2.

ings, representations, and specifications required, which plan or plans, drawings, representations, and specifications shall be made a part of such contract or contracts; such contract or contracts shall not be binding upon any such directors of the county infirmary until first submitted to the county solicitor of said county, and by him found to be in accordance with the provisions herein, and his certificate to that effect indorsed thereon; and no contract or contracts shall be made for any such addition to or alteration of any such infirmary building or buildings, or for the labor or materials therefor, at a price in excess of the estimate required to be made. [69 v. 50, $ 5.1

auditor, etc.

Five per cent. to

SEC. 991. The county auditor, when an accurate and detailed esti- Warrants shall be mate of the various kinds of labor performed, and materials furnished drawn by county under such contract or contracts, signed by the directors of such infirmary, with the amount due for each kind of labor and material, and the amount due in the aggregate, is furnished him, shall give to the person or persons entitled thereto, a warrant on the county treasurer, for the amount by each estimate shown to be due, less the amount of five per be retained. centum thereon, which shall be retained as additional security for the faithful performance of such contract or contracts, until a final estimate has been made by the directors of such infirmary that all the materials have been furnished and all the labor performed to their acceptance; and when such final estimate is furnished, the county auditor shall include in his final warrant on the county treasurer, in favor of the person to whom such final estimate is due, the percentage retained on former estimates, as herein required. [69 v. 50, § 6.]

SEC. 992. In case of any deficiency in the fund authorized to be Tax levy for delevied for infirmary purposes in said county, the county commissioners ficiency. shall levy a tax to carry out the provisions herein, which shall be collected as other taxes, not to exceed in any one year, two-tenths of one mill on the valuation of all the taxable property within said county, exclusive of any city therein which has or maintains an infirmary separate from such county infirmary. [69 v. 50, $ 7.]

in Hamilton

SEC. 993. In said county the directors of the county infirmary Salaries of inshall each receive the sum of three hundred dollars, per annum, for firmary directors their services in attending the regular and called meetings of the board, county. and for the transaction of any other business pertaining to the infirmary, and the secretary shall receive the further sum of one hundred dollars, per annum, for his services as such secretary, and the compensation herein specified, shall be paid quarterly out of the county treasury, on the warrant of the county auditor, and the directors shall not receive any other extra or special compensation of any kind, neither shall they receive any allowance for traveling expenses, unless the same were incurred in traveling outside of the county, on business connected with the infirmary, and then only upon the allowance of the county commissioners, made before the expense was incurred. [75 v. 531, §§ 1, 2.]

Tit. VIII, Ch. 3.

Board of control in Hamilton

county.

Organization of the board: its duties, etc.

Yeas and nays.

SECTION

BOARD OF CONTROL.

CHAPTER 3.

BOARD OF CONTROL.

994. In what counties, number, term, and meet-
ings.

995. Organization of the board, and its pro-
ceedings.

996. Yeas and nays, when to be called, and
record thereof.

997. Oath of office, and how vacancy filled.
998. Seal and fees of clerk for documents

attested therewith.

999. Final action and jurisdiction of board.
1000. What the commissioners may do without
consent of board, and when the board
may take final action.

1001. County solicitor, his election, duties, and
salary.

1002. Office and books for the board.

1003. What the commissioners shall submit to
the board.

1004. No action of the commissioners requiring
the approval of the board valid without
such approval.

! SECTION

$$ 994-996.

[blocks in formation]

SEC. 994. In each county containing a city of the first class, having a population exceeding one hundred and eighty thousand, there shall be, in addition to the board of county commissioners, a board of control, to consist of five members, who shall be elected at the annual election in April, by the qualified electors of the county; and the sheriff shall give public notice, by his proclamation throughout the county, at least fifteen days before each election, at which any member or members of the board is or are to be elected, specifying the number to be elected, and they shall hold their office for three years; and said board of control shall meet with the board of commissioners of said county, at their regular meeting on the first Monday of March, June, September, and December, and at such other times as are necessary, and as is provided for by said board of control. [69 v. 40, § 1; 69 v. 46, § 2.]

SEC. 995. The members so chosen shall, on the second Monday of April, annually, assemble together and organize the board of control: a majority of the whole number of members shall be necessary to constitute a quorum for the transaction of business, and all their proceedings shall be public: they shall determine the rules of their proceedings, and these shall, as far as possible, be in accordance with parliamentary law: they shall keep a journal of their proceedings, which shall be open at all proper times to the inspection of the public, and may compel the attendance of absent members in such manner as they prescribe: they shall elect from their own body a president, who shall preside at their meetings, during the term for which they have been elected, and they may elect a president pro tempore: the members of the board of control shall receive no compensation for their services: they shall elect a clerk and assistant clerks, if necessary, at such salaries as they deem proper, but not to exceed the sum of eight hundred dollars per year, who shall keep a correct journal of all the proceedings of said board of control, and perform such other duties as are required by the rules and regulations of the board: the clerk in office at the end of the term of service of the board of control, shall continue in office until his successor is appointed. [69 v. 40, $ 3.]

SEC. 996. The yeas and nays shall be taken on every motion or resolution which involves the appropriation or payment of money, or the awarding of contracts, or the assessing or levying of taxes; and the action taken therein shall be entered in full by the clerk in the journal, and it shall be duly certified by the president and clerk, and shall be received as evidence in any court in the state. [69 v. 40, $ 4.]

$$ 997-1003.

BOARD OF CONTROL.

Tit. VIII, Ch. 3.

en and where

filled, and for

SEC. 997. The oath of office of each member of the board of con- Oath of office: trol, shall be taken before a judge of the court of common pleas, and before whom takfiled in the office of the clerk of said court: in case of death, resigna- filed. tion, or removal from office of a member of said board of control, the fact of such vacancy shall be certified by the president thereof to the Vacancy: how court of common pleas, which shall appoint a judicious person and what time. tax-payer to fill such vacancy; and the person so appointed shall hold his office until the next annual election in April. [69 v. 40, $ 5.] SEC. 998. The board of control shall cause to be provided for its Seal, and clerk's clerk, a seal, in the center of which shall be the name of the county, and around the margin the words "Clerk of the board of control," which seal shall be affixed to all transcripts, orders, or certificates which are necessary or proper to authenticate, under this chapter: for all attested certificates and transcripts, other than those ordered by the board of control, or the board of county commissioners, the same fees shall be paid the clerk, as are allowed to county officers for similar services. [69 v. 40, § 6.]

fees.

Final action and

SEC. 999. The board of control shall have final action and jurisdiction in all matters involving the expenditure of money, or the awarding jurisdiction. of contracts, or the assessing or levying of taxes, by the board of county commissioners: every contract shall be awarded to the lowest responsible bidder, on his giving sufficient security for his performance of the same; but the board of control may reject all bids. [69 v. 40, $ 7.]

SEC. 1000. No contract or release made, or liability incurred, nor Validity of conappropriation or allowance, nor taxes levied or assessed by the board tract or release. of county commissioners, shall be valid and binding, unless a majority of all the members of the board of control present vote in favor thereof; and no contract or release made, or liability incurred, or appropriation or allowance made, which involves an expenditure of money to the amount of one hundred dollars or more, nor taxes levied or assessed, shall be approved by the board of control, until the next meeting after such matters or things come before said board, unless a majority of all the members vote for the same. [69 v. 40, 8.1

SEC. 1001. At the annual election in April, there shall be elected Solicitor: his by the qualified electors of any county in which, by this chapter, a board term, duties, etc. of control is established, a solicitor to said board and the board of county commissioners, who shall be an attorney at law, and shall hold his office for two years, entering upon his term of office as soon as he is elected, and said board of control is organized: he shall be the legal adviser of the board of control and the board of county commissioners, and shall prosecute or defend all suits and actions which they direct, or to which they or any county officer are a party: he shall receive a salary of twenty-five hundred dollars per year, payable out of the county treasury, on the certificate of the board of control, approved by the president. [69 v. 40, $ 9.]

SEC. 1002. The board of county commissioners shall provide a Office shall be prosuitable hall or chamber in the court-house of said county, if practi- vided for board. cable, in which the board of control and county commissioners shall meet

to transact their business: they also shall provide the book or books that are necessary for the clerk to keep his record and journal. [69 v. 40, § 10.]

board of control

SEC. 1003. The board of county commissioners shall, at each meet- Commissioners ing of the board of control, present to said board a true and accurate shall report to the statement of all matters and things that have come before it, which at each meeting. involve an expenditure of money, or the awarding of contracts, or the assessing or levying of taxes; and it shall also present to the board of control, at its meetings, all bids on contracts, plans, and specifications,

Tit. VIII, Ch. 3.

Action of county commissioners not valid until approved by the board of control.

Information shall be furnished

to the boards of control and com

missioners by the county auditor.

Balances of debt or credit.

Monthly expendi

ture.

Annual expendi

BOARD OF CONTROL.

SS 1004-1007.

and every paper or document that in any manner should come before said board, by the provisions of this chapter. [69 v. 40, § 11.]

SEC. 1004. No action of the board of county commissioners, in matters or things upon which the board of control is herein authorized to act, shall be valid or binding until the same has been passed upon and approved by said board of control, any thing in any law of this state to the contrary notwithstanding. [69 v. 46, § 12.]

SEC. 1005. In all counties having boards of control established therein, the county auditor shall furnish to the board of commissioners and the board of control thereof, on or before the first Monday of April, in each year, the following statements, which he shall have printed in such manner as said boards direct:

1. A statement, showing the balance standing to the credit or debit of the several funds on the county balance-sheet, at the end of the last week of March immediately preceding said first Monday of April, and in said statement shall be included the distrbution of the taxes collected in the preceding month of December.

2. A statement, showing the monthly expenditure out of each fund in the twelve months, and in every one of them, preceding said first Monday of April.

3. A statement, showing the annual expenditure from each fund for

ture for five years. each year, for the five years preceding said day.

Monthly average of expenditure.

Estimate of money needed.

Percentage necessary to be levied.

Examination and

ments.

4. A statement, showing the monthly average of such expenditure from the several funds for the preceding year, and also the total average for all of them for the five preceding years.

5. A statement, containing an approximate and detailed estimate of the money needed to pay all lawful expenses of the county, and its several departments, offices, and institutions, for the twenty months following said first Monday of April; but in said estimate, no greater sum shall be estimated and reported than fifty thousand dollars per month, or one million dollars for the twenty months; and in calculating the amount of money needed, he shall take into account the money then in the treasury, as well as that collectible in June following, and also the probable proceeds from the tax levy of that year, as he shall estimate the same, as hereafter required: he shall be equally careful to avoid surpluses and deficits, and shall treat as means available for current expenses, the June and December collections, as soon as under the laws or usuages he has a right to presume them to be in the treasury, without waiting for their subsequent distribution to the respective funds.

6. A statement, estimating the total percentage he deems necessary to be levied in that year, so as to provide sufficient means for paying county expenses for the fiscal period named for statement number 5, to-wit, twenty months; and he shall also report in said statement, to what funds said total levy should, in his opinion, be apportioned as special levies. [70 v. 294, § 1.]

SEC. 1006. The several members of the two boards, aforesaid, shall revision of state examine and revise said statements carefully, and ten days after said first Monday of April, the board of commissioners shall first meet and determine the total tax levy they deem necessary for that year, which they shall apportion to the several funds; but not higher, however, in total levy, than that estimated by the auditor, and this action of theirs they shall transmit to the board of control for its approval, amendment, or rejection, within the limits aforesaid. [70 v. 294, § 2.]

Appropriations shall be made by

the commission

ers.

SEC. 1007. The commissioners shall make, in the first week of May, each year, detailed and specific appropriations for the several objects for which the county has to provide, apportioned to months, of the moneys known to be or estimated to come into the treasury during the

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