This Act was copied from Delaware Town Council Notes, Book 1, Volume 1.
Act of Incorporation
An Act to Incorporate the Town of Delaware in the County of Delaware
Boundaries of Corporation
Sec. 1st: Be it enacted by the General Assembly of the State of Ohio that so much of the Town of Delaware, in the County of Delaware, as is comprised and designated in the plat of the town of Delaware lying north of the Delaware Run and recorded in the Recorder's Office of the County of Franklin, Shall be and the same hereby is enacted into a town corporate, henceforth to be known and designated by the name of the Town of Delaware. Subject however to such alterations and regulations as the Legislature may from time to time think proper to make.
Qualifications of Electors
Number and Qualification of Councilmen
Time of Service as Councilmen
Sec. 2nd: Be it further enacted, that it shall be lawful for the qualified electors, who shall have been residents in said town of Delaware six months, to meet at the Courthouse, on the third Monday in March annually, and then and there elect by ballot, nine suitable persons, being freeholders, to serve as Mayor, Recorder and Common Councilmen of said town and the persons thus elected. Shall within one week after their election proceed to choose out of their own body by ballot one Mayor, Recorder and one Treasurer, and the remaining six a conjunction with the Mayor, Recorder and Treasurer shall act as Common Councilmen, and Mayor, Recorder, Treasurer and Common Councilmen thus elected. Shall at their first meeting determine by ballot what time they shall severally serve, three until the next annual election three until the next succeeding annual election and three until the third succeeding annual election, and at every annual election there shall be elected three members of said body who shall continue in office three years, and in all cases until their successors are elected and qualified.
Name and Style of the Corporation
Power to Hold Property
Commencement of Action Against Corporation
May Have Seal
Sec. 3rd: Be it further enacted. That the Mayor, Recorder, Treasurer and Common Councilmen so elected, and their successors in office. Shall be and are hereby made a body corporate, and politic by the name of the "Mayor and Commonalty of the Town of Delaware" and by the name aforesaid shall have perpetual succession with capacity to purchase, receive, possess and convey any real or personal estate for the use of the said town of Delaware provided the clear annual income shall not exceed one thousand dollars; and shall also be capable in law by the name aforesaid of suing and being sued, pleading and being impleaded, and any action in any Court of this State; and when any action or suit shall be commenced against the corporation the service shall be by the proper offices leaving an attested copy of the original process with the Recorder, or at his usual place of abode at least three days before the return thereof; and the said Mayor and Commonalty are hereby authorized to have one common seal for the use of said corporation, and the same to alter at their discretion.
Oath to be Taken by Officers
Sec. 4th: Be it further enacted, That the person first elected Mayor of said town of Delaware shall within one week after his election take an oath or affirmation before some Judge or Justice of the Peace for the said County of Delaware for the faithful performance of his office and every succeeding Mayor shall be qualified to his office by one of the board of said Council, and every Recorder, Treasurer and Common Councilman before he shall be admitted to execute his respective office, shall take an oath or affirmation before the Mayor for the time being, for the due and faithful performance of his office.
Power to Appoint Sub‑ordinate Officers
Power to establish fees for officers, and fines for nonacceptance
Sec. 5th: Be it further enacted. That the Mayor and Common Councilmen qualified as aforesaid shall have power to appoint an Assessor, a Town Marshal, a Clerk of the Market and such other subordinate officers as they may deem necessary, and to establish such fees to the Recorder and other officers of the Corporation, and to impose such fines for refusing to accept such offices, as to them shall appear proper and reasonable.
Power to Levy Tax
Limit of the Amount of Tax
Sec. 6th: Be it further enacted. That the Mayor and Common Council shall have power in the month of May, annually, to levy a tax within said town for the purposes hereinafter mentioned, which shall be assessed on all objects of taxation within the said town, provided no tax on improved and property shall exceed one per centrum on the value and the Assessor shall be further governed in the discharge of their duties by the rules and regulations to be established by the Mayor and Common Council.
Power to Erect Public Buildings
To Make Ordinances
Powers of the Mayor & Common Council
Collection of Fines and Imprisonment for Nonpayment
Sec.7th: Be it further enacted. That the Mayor and Common Council shall have power to erect and repair any public buildings for the benefit of said town, and make and publish by‑laws and ordinances in writing, and the same from time to time alter and repeal as to them shall seem necessary for the internal safety and convenience of the said town of Delaware and the inhabitants thereof. Provided, that no law shall even be enacted by them, subjecting cattle, sheep, or hogs not belonging to said town to be abused or taken up and sold for coming into the bounds of said corporation; and the Mayor shall also have full power and authority to administer all the necessary oaths to impose reasonable fines upon all persons who shall offend against the laws and ordinances made as aforesaid to levy and cause to be collected all such fines by warrant under his hand directed to the town Marshal who is hereby empowered and authorized to collect the same by distress and sale of the goods and chattels of the delinquent and the same pay to the Treasurer of the Corporation; and when goods and chattels cannot be found whereon to level to commit the body of the offender to prison, there to remain until such fine is paid or such offender discharged by order of the Corporation; Provided, that the laws and ordinances so made, shall be consistent with the laws of the United States, and of this State; Provided, also, that no person shall be detained in prison more than twenty four hours at any one time.
Power of Mayor Corgnal with that of Justice of Peace & to have same fees
Marshal to have powers of Constables with same fees
Sec. 8th: Be it further enacted. That the Mayor and his successors in office are hereby vested with powers corgnal with Justices of the Peace within the Corporation and shall have power to exercise the same jurisdiction and authorities in civil and criminal cases within the limits of said town and be entitled to the same fees as Justices of the Peace in like cases. Provided that all process shall be directed to the Town Marshal who is hereby authorized and empowered to exercise the same powers in serving such process, levying execution and making distress on delinquents in civil and criminal prosecution and shall be entitled to the same fees as Constables in like cases. Provided also that it shall not be lawful for the said Mayor or Town Marshal to take cognizance of or hold plea in any debt personal or mixed except the debt was contracted or cause of action originated within the limits of the town aforesaid and the defendant actually residing in said town.
Sec. 9th: Be it further enacted. That the Town Marshal shall be the collector of the tax assessed by the corporation and is hereby authorized to collect and pay over to the Treasurer all such sums of money as shall be assessed for the use of said corporation within three months from the time of his receiving a duplicate thereof; and the Treasurer's receipt shall be his vouchers upon his settlement with the Common Council which shall be when thereunto required by them after the expiration of the three months as above. The Town Marshal shall give ten days notice before he makes distress for the collection of any tax; and if the tax on any lot on which no personal property can be found, shall remain unpaid two months after the expiration of the three months aforesaid the said Town Marshal shall give notice in one or more newspapers printed in said town, or by advertisement in three public places, of the amount of such tax, and of the number of the lot on which it is due and if such tax be not paid within two months after the date of such advertisement, the Town Marshal in such case may proceed to see so much of said lots as , will discharge the same, taking the part sold so as to include the same distance on the back line of the lot as on the front line.
Mayor, Treasurer and Marshal to give bond
Sec. 10th: Be it further enacted. That the Mayor, Town Marshal and Treasurer shall, before they enter on the duties of their offices, give bond with security to the Recorder to be approved by the Common Council, conditioned for the faithful discharge of the duties of their respective offices. The Treasurer shall pay over all monies by him received to the order of the Mayor and Common Council, and shall when required, submit his books and vouchers to their inspection.
Right of Appeal
Sec. 11th: Be it further enacted. That it shall be the duty of the Recorder to make and keep a just and perfect record of all and every law and ordinance made and established by the Mayor and Common Council, and of all their proceedings in their corporate capacity, and the record so made by the Recorder shall at all times be open to the inspection of any elector of said town, and if any person shall think himself aggrieved by any act or judgment of the Mayor or Common Council, it shall be lawful for such person to appeal to the Court of Common Pleas within ten days after such judgment; and it shall be the duty of said court to hear such complaint and grant such relief as shall appear to them necessary and proper.
Time of Council Election and How Conducted
Recorder to give notice of election
Sec. 12th: Be it further enacted. That the annual election shall be holden on the third Monday in May in each and every year, and shall be opened at the hour of 10 o'clock a.m. and close at 4 o`clock p.m. At the first election two judges and a clerk shall be appointed viva voce by the electors present, who shall take an oath faithfully to perform the duties of their offices, and at all subsequent elections the Mayor, Recorder, Treasurer and Common Councilmen, or any three of them, shall be judges of the election, and a statement of the votes publicly disclosed and a fair record thereof made by the clerk, who shall notify the persons elected to their respective offices of their election within two days thereafter, by giving personal notice, or leaving a written notice at their usual place of abode; and it shall be the duty of the Recorder each and every year after the first election to set up or cause to be set up at least five days previous to the third Monday in May notice of the election in five of the most public places in said town.
Vacancies, How Filled
Officers May be Removed
Sec. 13th: Be it further enacted. That in case of a vacancy of the office of Mayor, Recorder or Treasurer, the vacancy shall be supplied from the Common Council, and in case of a vacancy in the Common Council, it shall be supplied by ballot of the Mayor, Recorder, Treasurer and Common Councilmen, from amongst the freeholders of said town, and in case of the misconduct in office of the Mayor, Recorder, Treasurer or any other subordinate officer or either of them, the for Misconduct others shall have power to remove him or any of them, provided that such persons shall not be removed unless two‑thirds of the Common Council agree thereon.
Recorder to Act as Mayor
Sec. 14th: Be it further enacted. That in case of the absence or inability of the Mayor, it shall be the duty of the Recorder to act in his stead, who shall at all times when the Mayor resumes his office, render to him an account of his transactions during such absence or disability.
Corporation to Have the Use of Jail
Sec. 15th: And be it further enacted. That the corporation shall be allowed the use of the county jail for the confinement of all such persons as by the laws of the corporation may be liable to imprisonment; and all persons thus imprisoned shall be under the charge of the Sheriff of the county.
February 26th, 1816
Speaker of the House of Representatives
Speaker of the Senate
To Revive the Act to Incorporate the Town of Delaware
Sec. 1st: Be it enacted by the General Assembly of the State of Ohio. That the act to incorporate the town of Delaware passed the twenty‑sixth day of February, Eighteen Hundred and Sixteen, be and the same is hereby revived, and if at any time hereafter the citizens of said town shall fail or neglect to elect the officers of said corporation on the day specified in the aforesaid act, they may proceed to hold an election on any other day thereafter, by giving the notice required by the 12th Section of said act.
Sec. 2nd: That the election to be held under this act, shall be on the first Monday of March next, notice whereof shall be given by advertisement in the Delaware Patron two weeks previous to said election.
January 16th, 1824
Speaker of the House of Representatives
Speaker of the Senate
To Amend an Act Entitled an:
"Act to Incorporate the Town of Delaware in the County of Delaware"
Tax for Fire Engine
Sec. 1st: Be it enacted by the General Assembly of the State of Ohio. That the Mayor and Commonalty of said town of Delaware shall have power to levy a tax of not more than one‑half of one per centrum, annually for three years, in addition to the other taxes levied in said town for the purpose of procuring a fire engine for the use of said town, provided said tax shall be recommended by a majority of the votes at an annual election.
Power in Reference to Pavements or Sidewalks
Sec. 2nd: That the town Council of said town shall have power to make by‑laws regulating the pavements or sidewalks in said town, and by an ordinance of said town Council duly published to require all owners of a lot, lots or part of a lot in said town to make pavements or sidewalks or to alter, amend and repave in front thereof, on such streets, and of such width, and in conformity with such grade, as the Town Council shall direct.
Tax Assessed for Making Pavements
Sec. 3rd: That if any owner or owners of a lot, or part of a lot as aforesaid, within said town, whether resident or non‑resident, shall neglect or refuse to build or repair a pavement or sidewalk, as required in the proceeding section, the Town Council of said town shall have power to proceed and build or repair said pavement or sidewalk, and assess a tax on the premises so improved, sufficient to pay for the same, which tax shall be entered on the duplicate of taxes for said town, and collected in the same manner, that the other taxes of said town are collected.
Power to Abate Nuisance
Tax on Dogs and Hogs
Sec. 4th: That said Council shall have the power to compel the abatement, by removal or otherwise, of all nuisances and to define what they consider a nuisance, and may levy a tax annually upon all hogs and dogs which are kept and permitted to run at large within said corporation, not exceeding fifty cents per head for swine, one dollar per head for dogs, said tax to be collected in such manner as said council may prescribe; provided, that no law or ordinance of said corporation shall ever subject horses, cattle, sheep, or hogs, owned by persons not residing in said corporation or town to be taxed, taken up, sold or abused, for coming within the limits of the said corporation.
Sec. 5th: That the said town Council shall have power to require and compel such of the inhabitants of said town, as are householders to furnish themselves with as many fire buckets as the said town Council may think proper, to direct of what material and in what manner said buckets shall be made; and regard being had to the proportionate wealth of each citizen; and the amount of property such individual may own in said town.
Make and Publish Ordinances
Sec. 6th: That the said town Council shall make and public all such ordinances from time to time as they may deem necessary, to secure said town and inhabitants thereof from the savages of fire, the depredations of thieves, or persons violating the public peace of said town, and also for the proper regulation and improvement of the streets, highways and alleys, of said town; also for cleansing, draining, paving, turnpiking or otherwise keeping the same in repair, and for the purposes specified in this section may appoint such officers and agents, with such powers and authorities as they may deem expedient.
Ordinances to be Published
Sec. 7th: That before any law or ordinance enacted or ordained by said town Council, shall have any operation or effect it shall be published for two weeks successively in some newspaper having general circulation in said town, or be made public by having three copies set up in different public places in said corporation for the like times; provided that in case of danger from mad dogs, or in case of any other threatened calamity, the said corporation may pass such by‑laws and ordinances as to them shall deem best to take effect from and after the passage thereof.
Time of Levying Tax
Tax Certified to County Auditor
Sec. 8th: That the said town Council shall prior to the first Monday in June in each year if they deem a tax necessary determine the per centrum which shall not exceed the half of one per centrum, to be levied for the current year, upon the assessed value of the property in said town subject to taxation for corporation purposed, as returned by the county assessor, to the County Auditor for State and County purposes; and it shall be the duty of the Recorder, forthwith to make out, and deliver to the auditor of said county, at his office, a certificate of the per centrum so to be levied; and the said auditor shall charge to the proper persons the tax so assessed in a separate column to be ruled for that purpose in the tax duplicate.
Mode of Collecting Taxes
Sec. 9th: That the County Treasurer or such other officer, as may hereafter be authorized by law, to collect and receive the state and county taxes, of said county, shall also be the collector of the taxes assessed for corporation purposes and in the collection of said last mentioned taxes, he shall be governed in all respects by the laws which are now or which may hereafter be enacted for the collection of state and county taxes and shall be entitled to receive on settlement with the county auditor the same fees, to be paid out of the corporation taxes so collected, as he may be allowed for the collection of the like amount of other taxes; provided, that he shall receive in payment for said corporation taxes, any orders issued by said corporation which may be presented in payment thereof.
Sec. 10th: That the same penalties shall accrue, and the same proceedings, be had for the collection of corporation taxes, on any town lot, lots or part of a lot, and other property returned delinquent by the collector, as in cases of other taxes which may be due on said lot, lots or part of a lot, or other property liable to sale for arrearage of state and county taxes.
Sec. 11th: That it shall be the duty of the county auditor, at the time of settlement with the county Treasurer, after deducting his fees, to make out and deliver to the said county Treasurer a certificate of the amount collected for corporation purposes; and it shall be the duty of the said county Treasurer within twenty days after such settlement to pay over to the Treasurer of the Corporation the full amount specified in said certificate in money or treasury orders issued by said corporation and received by him in payment of corporation taxes and take duplicate receipts therefor, one of which he shall forthwith deliver to the Recorder of said corporation to be filed in his office, and the other he shall retain for his voucher, the county auditor for his services under this act. Shall be allowed the same fees which may be allowed by law for like services to be paid out of the funds of the corporation.
This Act to be Received by All Courts
Sec. 12th: This act, together with the act to which this is an amendment and the act reviving the same, shall be taken and received in all courts, and by all Judges, Justices of the Peace, and other officers as public acts, and all printed copies of the same which shall be printed by or under the authority of the General Assembly shall be admitted as good evidence thereof, without any further proof whatever.
Sec. 13th: That so much of the act to which this is an amendment, together with the act to revive the same, as is inconsistent with the provisions of this act, be and the same is hereby repealed,
March 29th, 1841
Speaker of the House of Representatives
Speaker of the Senate
The foregoing acts in relation to the Incorporation of the Town of Delaware, are Repealed.
Sec. general law passed by the General Assembly April 1852 and took effect May 15th, 1852, entitled An Act To Organize Cities and Incorporated Villages.