Miller v. West View Borough

Citations

• 57 Pa. Super. 14
• 1914 Pa. Super. LEXIS 142

Syllabus

<p>Boroughs — Ordinances—Approval of burgess — Contract.</p> <p>1. Where a firm of engineers have a valid contract with a borough (1) to do routine engineering work on streets and sewers at a stated salary per year; (2) to construct a disposal plant at a certain percentage on the cost, and (3) other construction work at a certain percentage for plans, engineering and superintending construction, and during the course of the year the borough council passes a resolution not approved by the burgess for the construction of a thoroughfare at a large cost, the engineering firm cannot recover from the borough compensation for the preparation of the plans and specifications for the thoroughfare, inasmuch as the resolution unapproved by the burgess is invalid under the Act of May 23, 1893, P. L. 113.</p> <p>2. In such a case the resolution providing for the expenditure of a large sum of money and involving the defining of street lines the condemnation or purchase of land is legislative and not ministerial in character, and must therefore be approved by the burgess.</p>