Philadelphia v. Pemberton

Citations

• 208 Pa. 214
• 57 A. 516
• 1904 Pa. LEXIS 730

Syllabus

<p>Municipal liens — Paving contract — Liability for repairs.</p> <p>A municipal lien for paviug is noL invalid by reason of the fact that the paving contract required the contractor to keep the pavement in repair for five years where it appears that the pavement laid in accordance with the specifications will last five jTears without repairs.</p> <p>The kind of pavement to be constructed and the character of the work to be done are matters within the discretion of the municipal authorities, and it is competent for them to secure the proper performance of the contract by a guarantee of permanency of the work, if in so doing they do not impose upon the property owner more than the cost of the original pavement constructed in strict compliance with the specifications. If the obligation to repair does not exceed the period of time that the work if well done would last, it is not objectionable as casting on the individual owner a burden of taxation that should be borne by the community at large. Unless the time for which repairs are to be made is so unreasonable as to indicate an intention to impose the cost of maintenance upon the abutting owner, the provision for repairs will be regarded as a guarantee of compliance with the contract for paving. Per Fell, J.</p> <p>Municipalities — Municipal contracts — Discretion of authorities.</p> <p>The powers of municipal officers in awarding contracts are not merely ministerial, but discretionary; and they may take into consideration other matters than the mere pecuniary responsibility of the bidder, and they are not bound to make awards to the lowest bidders.</p> <p>Municipal lien — Paving—Cartway—Act of June 4, 1901.</p> <p>Under the Act of June 4, 1901, P. L. 364, a municipal lien may be filed for paving a cartway.</p>