Ohio Revised Code

Ohio Rev. Code § 731.05 (2026)

Powers of legislative authority

✓ current as of May 2026
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The powers of the legislative authority of a city shall be legislative only, it shall perform no administrative duties, and it shall neither appoint nor confirm any officer or employee in the city government except those of its own body, unless otherwise provided in Title VII of the Revised Code. All contracts requiring the authority of the legislative authority for their execution shall be entered into and conducted to performance by the board or officers having charge of the matters to which they relate. After the authority to make such contracts has been given and the necessary appropriation made, the legislative authority shall take no further action thereon.

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1955–2023 · leading case: Union Stock Yards Co. v. City of Hillsboro, 2010 Ohio 5975 (Ohio Ct. App. 2010).
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Union Stock Yards Co. v. City of Hillsboro, 2010 Ohio 5975 (Ohio Ct. App. 2010). · cites it 2× “05 governs the powers of a city council and states: “All contracts requiring the authority of the legislative authority for their execution shall be entered into and conducted to performance by the board or officers having charge of the matters to which they relate.”
Mack v. Toledo, 2019 Ohio 5427 (Ohio Ct. App. 2019). · cites it 2× “05: The powers of the legislative authority of a city shall be legislative only, it shall perform no administrative duties, and it shall neither appoint nor confirm any officer or employee in the city government except those of its own body, unless otherwise provided in Title…”
Mollette v. Portsmouth City Council, 902 N.E.2d 515 (Ohio Ct. App. 2008). “Moreover, R.C. 731.05 grants the legislative authority power to act in many capacities.”
Bd. of Health v. City of St. Bernard, 249 N.E.2d 888 (Ohio 1969). · cites it 5× “” Section 731.05 sets forth a restriction regarding confirmation of “any officer or employee in the city government (Emphasis added.”
Snyder v. Vill. of McArthur, 133 N.E.2d 399 (Ohio Ct. App. 1955). · cites it 2× “Section 731.05, Revised Code (Section 4211, General Code), provides: “The powers of the legislative authority of a city shall be legislative only, it shall perform no administrative duties * * *.”
State ex rel. Leach v. Redick, 168 Ohio St. (N.S.) 543 (Ohio 1959). · cites it 4× “Respondent relies upon Section 731.05, Revised Code, and Sections 3, 57 and 115 of the Columbus Charter.”
Hancock Cty. Treasurer v. Barger, 2023 Ohio 1707 (Ohio Ct. App. 2023). “R.C. 731.05. Barger’s primary argument was that the City did not comply with the statutory service requirements.”
State, Ex Rel. Huppert v. Sparma, 222 N.E.2d 798 (Ohio Ct. App. 1966). · cites it 2× “* * # Section 731.05, Eevised Code, having to do with powers of legislative authority, reads as follows: *32 “The powers of the legislative authority of a city shall be legislative only, it shall perform no administrative duties * * Section 5705.”
State ex rel. Huddle v. Evans, 172 Ohio St. (N.S.) 144 (Ohio 1961). · cites it 2× “Section 731.05, Revised Code, with which we are here concerned and which, in my opinion, makes this quite clear, reads as follows: “The powers of the legislative authority of a city shall be legislative only, it shall perform no administrative duties, and it shall neither…”
City of Cleveland Heights v. Woodle, 176 Ohio St. (N.S.) 113 (Ohio 1964). · cites it 2× “) Our determination is thus dependent on whether Derby-shire Eoad, as to the portion in question, was a through highway within the meaning of Section 731.05 of the Codified Ordinances.”
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