Kolb v. Tamaqua Borough

Citations

• 218 Pa. 126
• 67 A. 44
• 1907 Pa. LEXIS 464

Syllabus

<p>Boroughs — Ordinance — Resolution — Contract — Equity — Municipalities.</p> <p>On a taxpayers’ bill to set aside a borough contract as illegal because the resolution awarding the contract had not been submitted to the chief burgess, the burden is upon the complainants to show that there was no valid ordinance authorizing the contract, and if they fail to show this the bill will be dismissed.</p> <p>If the resolution awarding the contract was in pursuance of an ordinance regularly adopted, it did not require any action .on the part of the chief burgess to make it valid.</p> <p>An enactment by council, no matter what it is called in the minutes and elsewhere, whether ordinance, resolution or motion, which provides for the permanent regulation by the government of the borough, or the creation of liability by contract, and which is approved by the chief burgess and otherwise regular, is legislative.</p>