Bullitt v. Philadelphia

Citations

• 230 Pa. 544
• 79 A. 752
• 1911 Pa. LEXIS 650

Syllabus

<p>Municipalities — Increase of indebtedness — Signification of desire by councils — Ordinance—Notice of election — Assessed valuations — Act of April 80, 1874, P- L- 66.</p> <p>1. The direction in the Act of April 20, 1874, P. L. 65, relating to the increase of. municipal indebtedness, that the municipal authorities shall “by their ordinance or vote,” signify “a desire to make such increase of indebtedness,” is mandatory, and is not complied with by an ordinance in which the councils both ordain “that the debt of the said city shall be increased in the sum of eight million dollars,” and direct that an election shall be held.</p> <p>2. Where an election to increase the municipal indebtedness was held in the city of Philadelphia on the third Tuesday in February, 1910, and the notice required by the Act of April 20, 1874, P. L. 65, was first published on January 22, 1910, the last preceding assessed valuation which could have legally appeared in the notice was the assessment finally adjusted on or before February 1, 1909. If it appears that the figures which were actually published in the notice were $12,000,000 in excess of the assessment adjusted on or before February 1, 1909, the courts are bound to hold that the election held in pursuance of the notice was illegal and void. In such a case it is immaterial how the figures actually published were obtained.</p>