Elliott v. Monongahela City

Citations

• 229 Pa. 618
• 79 A. 144
• 1911 Pa. LEXIS 541

Syllabus

<p>Municipal corpoi'ations — Charter—Contracts—Councils—Administrar tive and legislative acts- — Joint sessions.</p> <p>1. Where the charter of a municipality provides that “the corporate powers of the city shall be vested in a mayor and city council; .... that the councils shall be composed of two branches, viz: the select and common council; .... that a majority of each council shall be a quorum.....They may, when convenient, hold joint sessions for the transaction of business as if the same were but one council; .... that no appropriation of moneys, revenues or property of said city, no contract for the borrowing of money, no assessment or levy of taxes for city purposes, and no ordinance, by-law or regulation of said city shall be of any force or validity, unless the same has been concurred in or approved by said councils,” an ordinance authorizing the city officials to enter into a contract for lighting and fixing the price to be paid for such service, passed at a joint session by a majority of the collective body, but failing to receive the approval of a majority of one of the branches separately, is of no force or validity.</p> <p>2. Such a charter empowers and authorizes the councils in joint session to transact only ministerial or administrative business; but when they attempt by ordinance or resolution to enact permanent regulations for the government of the city or do any other act of a legislative character, the charter contemplates that such action shall be taken with full consideration by each branch of the municipal legislature sitting separately and apart from each other.</p>