State v. Board of Public Service

Citations

• 81 Ohio St. (N.S.) 218

Syllabus

<p>Public contracts for street improvements — Section 1536-679, Revised Statutes — Method of letting contracts — Meaning of lowest and best bidder — Discretion of board in rejecting any and all bids— Mandamus will not apply, when.</p> <p>1. By section 1536-679, Revised Statutes, pertaining to the letting of contracts for street improvements, discretion is given a board of public service to reject any and all bids, and this discretion will not be interfered with by mandamus where such discretion has not been abused and no vested right of any bidder is involved.</p> <p>2. Where, after proper advertisement .for bids, and bids have been received, a resolution has been duly adopted by such board finding a bidder therein named to be the lowest and best bidder and directing the clerk to notify the bidder of that fact, but before such notice has been given the resolution is, for reasons by the board deemed sufficient, rescinded and an order made to again advertise for bids, the bid' of such bidder being thereby rejected, such rescission and an order will not be treated as an abuse of discretion, and the board cannot in such case be required by mandamus to enter into a written contract with such bidder authorizing him to enter upon the work of the improve- ' ment.</p> <p>3. The proceedings of the hoard of public service in the advertising for bids and the adoption of a resolution defining who is the lowest and best bidder is not the making of a contract but is merely preliminary to the making of the written contract provided for by the statute, and such contract is the only one the board is by the statute authorized to make.</p>