City of Newark v. Fromholtz

Citations

• 102 Ohio St. (N.S.) 81

Syllabus

<p>Municipal corporations — Street improvement — Publication of ordinance to proceed with repaving — Execution and rescission of contract — Authority of board of control to rescind — Subsequent contract upon same subject-matter — Procedure by municipal authorities — Concurrent action necessary, when — Street railway — Agreement to repave between tracks valid, whenr-* Constitutional law — Section 6, Article VIII, Constitution.</p> <p>1. A mistake in publishing an “ordinance to proceed” with a paving improvement, where such mistake is confined to misstating the pro rata proportion or percentage of the cost of the improvement to be assessed against abutting property, is not a defect fatal to the legality of the publication or the ordinance, and a contract authorized and directed to be entered into by the terms of such ordinance will not be held to be invalid for that reason.</p> <p>2. A contract for a street improvement entered into by a director of public service pursuant to authorization and direction by ordinance of the city council, which contract was approved by ' the board of control of the city, cannot be rescinded by such board of control without the concurrence of council, acting by ordinance, joining in such rescission.</p> <p>3. When a contract for a street improvement is entered into by the director of public service, with the approval and upon direction of the board of control, and the authority for such action is given by the authorization and direction of council by ordinance, as required by Section 4328, General Code, the director of public service is without authority to make, and the board of control is without authority to direct and approve, another contract upon the same subject-matter, except with the concurrent action of council by ordinance, authorizing and directing the execution of such other contract.</p> <p>4. When an electric railway company, exercising an easement in a city street about to be repaved and being liable by law and under the t