Jones v. Schuylkill Light, Heat and Power Co.

Citations

• 202 Pa. 164
• 51 A. 762
• 1902 Pa. LEXIS 486

Syllabus

<p>Boroughs — Ordinance—Resolution—Submission to chief burgess — Contract with electric light company — Act of May 23, 1893, P. L. 114.</p> <p>The Act of May 23, 1893, P. L. 114, makes the chief burgess a part of the law-making power of the borough. Its plain meaning is that every ordinance and resolution shall be presented to him. The only limitation of the act is that it does not apply to ministerial acts in carrying on the routine business, nor to acts which merely carry into effect what has before been authorized.</p> <p>Section 3 of the Act of May 23, 1893, P. L. 114, requiring ordinances and resolutions of a borough council to be presented to the chief burgess applies to all acts of the council by ordinance or resolution which are of a legislative character, but not to those that are merely ministerial or executive. Generally under the first are permanent regulations for the government of the borough, the granting of privileges to occupy streets, and the creation of liability by contract; under the second, the transaction of current business, the ordinary administration of municipal affairs, and the awarding of contracts which have been previously authorized.</p> <p>In the absence of a general ordinance providing for the lighting of a borough and authorizing the making of contracts from year to year, or at stated periods, a resolution of the borough council accepting the bid of an electric light company to light the streets.for five years, and directing the proper officials to execute a contract with the company, must be submitted to the chief burgess for his approval. In such a case an ordinance passed many years before to prevent interference with borough lights and two contracts to light the streets for periods of five years each, are not adequate proof of the adoption of a permanent system as a legislative measure, which required only executive action from time to time to carry into effect.</p>