Black v. City of Chester

Citations

• 175 Pa. 101
• 34 A. 354
• 1896 Pa. LEXIS 1214

Syllabus

<p>Municipalities — Contract, lighting streets for five years — Contract for cities of the third class — Act of May 23, 1889.</p> <p>Under the act of May 23, 1889, article 5, section 3, clause 41, P. L. 277, authorizing cities of the third class “ to provide for and regulate the lighting of streets with gas or electric lights or light by other means,” a city of the third class has a right to enter into a contract for lighting its streets for a term of five years, and there is nothing in article 9, section 5, or in article 6, section 10, or in article 4, section 6, of the same act, which imposes any limitation upon the power of the city to enter into such a contract.</p> <p>The provision in article 9, section 5, of the act of May 23, 1889, P. L. 277, requiring the controller to certify upon a contract which involves an appropriation of money, the estimated amount of expenditure thereunder for the ensuing fiscal year, does not interfere with the right of the municipality to make a contract for lighting streets for a term of years.</p> <p>If a contract involves an appropriation of money it is the duty of the controller to certify upon it the estimated amount of the expenditure thereunder chargeable against the item of appropriation on which it is founded. He does not make or supervise the estimate but he is required to certify it on the contract. If the contract is to furnish light or water for a term of years to be paid for monthly, quarterly or annually, he should certify upon it the estimated amount of expenditure thereunder for the ensuing fiscal year. In other words, it is his duty to certify upon it the estimate made by the proper department in accordance with the fact. Pek McCollum, J.</p>