Dolan v. Schoen

Citations

• 261 Pa. 11
• 104 A. 149
• 1918 Pa. LEXIS 677

Syllabus

<p>Municipalities — Cities of the third class — Act of June 27, 1918, P. L. 568, 576 — Municipal contracts — Improvements—Repairs— Competitive bidding — Equity—Injunction—Taxpayer’s bill.</p> <p>1. Where the charter act of a city prescribes the method or formal mode of making municipal contracts, it must be observed, and if not executed in conformity therewith a contract is not enforceable against the municipality.</p> <p>2. Under Sec. 5, Article 4, of the Act of June 27, 1913, P. L. 568-576, relating to the government of cities of the third class, contracts for improvements to a city hall, including new heating, lighting and plumbing systems, new partitions, stairways, windows, entrances, etc., must be let as provided by the act; and cannot be paid for out of a contingent fund without competitive bidding.</p> <p>3. To hold that a contingent fund created to meet incidental expenses and necessary repairs could be used for the permanent alteration and remodeling of public buildings would practically abrogate this section of the statute.</p> <p>4. While some of the work may properly be classed as ordinary repairs, yet as that is blended with the other it cannot be made the basis for a separate claim.</p> <p>5. In a taxpayer’s suit to enjoin a. city of the third class from paying and .a contractor from collecting the cost of improvements to the city hall, it appeared that the city council had appropriated $2,500 for, the improvements; that plans and specifications were prepared by the architect and, upon due advertisement, bids were submitted, and a tabulation showed that the improvements would cost nearly $2,000 more than the appropriation. The bids were rejected and the amount appropriated for the improvement transferred to the contingent fund. Thereafter, a city qfficial consulted with some of the contractors, and secured new bids without advertising, ignoring the original plans and specifications. The mayor and council let contracts on such new bids and the work was