Schenck v. Burgess

Citations

• 181 Pa. 191
• 37 A. 258
• 1897 Pa. LEXIS 527

Syllabus

<p>Boroughs — Municipal contracts — Advertisement—Acts of April 3, 1851 and May 23, 1893.</p> <p>Under the Acts of April 3, 1851, P. L. 322, and May 23, 1893, P. L. 113, the plans and specifications of a borough contract, if not essential parts oí the ordinance authorizing the contract, need not be advertised.</p> <p>The publication of the minute details of construction contained in specifications would impose an unreasonable burden on boroughs and would serve no useful purpose; the publication of plans and models would often be utterly impracticable. Such plans and specifications should be carefully preserved in the proper office and open to the inspection of all persons concerned. Per Fell, J.</p> <p>Municipalities — Boroughs— Ordinances — Resolutions.</p> <p>A permanent regulation in a municipal government may be adopted by what is designated as a resolution, and if so intended, and passed with the same formalities, will have the same force and effect as an ordinance.</p> <p>A resolution of council is but another name for an ordinance, and if it be a legislative act it is immaterial whether it be called a resolution or an ordinance.</p> <p>While legislation by borough councils may be by ordinance or resolution, the requirements which are essential to the validity of an ordinance must be observed in the passage, approval, recording and' publication of a resolution where the action of councils is legislative.</p> <p>A direction that enactments, regulations, ordinances and other general laws shall be recorded and advertised does not include resolutions which are not in their nature legislative, and which do not take the place of ordinances.</p> <p>Ordinances o£ a borough authorized the construction of electric light works. They fixed in detail the terms of the contracts to be entered into, the kind and character of the work to be done, the time of completion and the penalty for nonfulfilment. The ordinances were duly recorded and advertised. Bids were subsequently a