Yaryan v. Toledo (City)

Citations

• 18 Ohio C.C. Dec. 259
• 8 Ohio C.C. (n.s.) 1

Syllabus

<p>CONTRACTS — MUNICIPAL CORPORATIONS.</p> <p>Haynes, Parker and Wildman, JJ.</p> <p>1. Board git Public Service May Prepare Plans, Estimates, etc., bor Municipal-Waterworks System.</p> <p>The preparation by the board of public service of plans, estimates, specifica— tions and profiles for a new municipal waterworks system,_ in accordance with a determining ordinance by council, is not an exercise of legislative power, and authority so to do is conferred upon such board and may be exercised by it, notwithstanding Sec. 127 of the municipal code-' which provides that all power unless otherwise provided is to be exercised by council.</p> <p>2. Board of Public Service may Exercise Discretion in Awarding Contract.</p> <p>The provision of Sec. 143 of the municipal code that the board of public service shall make a contract with the lowest and best bidder, or may reject any and all bids, does not limit the board to a mathematical computation as to who is the lowest responsible bidder, but permits the board to go beyond the price bid and the character of the bidder, and to accept the best proposition offered, considering quality, feasibility and efficiency of the. thing to be furnished, the qualifications and responsibility of the bidder, and the price proposed in view of all the other considerations.</p> <p>3. City not Required to Furnish Plans and Specifications to Guide Bidders on Municipal Contract.</p> <p>If a municipal contract is of the character involved in the building of art extensive municipal waterworks plant, it is not necessary that the specifications to be submitted to the bidders should go into any greater detail than is required to make the matter intelligent to persons competent to do the work and furnish the materials.</p> <p>4. Burden of Proof is on Party Complaining that Municipal Contract was not Let According to Rev. Stat. 794 (Lan. 1753).</p> <p>A contract for the construction of a municipal water supply and filtration, plant is not rendered invalid