26 Pa. Super. 305 | Pa. Super. Ct. | 1904
Opinion by
The assignments of error in this case might properly be quashed. The first assignment complains that the court below erred, “ in dismissing the exceptions to the report of the board of viewers.” This is a clear violation of Rule XIY of this court, for there seem to have been many exceptions filed by the appellant in the court below; he prints three in his paper-book diere, and under them his learned counsel have argued several distinct questions. When this record is remitted to the court below the record of this court will not show what questions were attempted to be raised. The second and only remaining specification of error is that the court erred “ in confirming the viewers’ report absolutely.” It was conceded that the report of viewers was in all respects regular upon its face, and the only questions argued in this case went to the alleged errors involved in the dismissal of the exceptions by court below.
The plaintiff has printed only the third, fourth and fifth exceptions filed by him in the court below, and our inquiry is necessarily limited to the questions raised by those exceptions. The third exception challenges the authority of the city to grade a street, “ except in one proceeding, which includes the whole of the street on which a grade has been established.” The answer to this exception is to be found in the Act of April 28, 1899, P. L. 100, which confers upon every municipal corporation power “ to grade, pave, curb, macadamize and otherwise improve any public street or public alley, or part thereof, within its corporate limits,” and provides for the assessment of the costs and expenses of such improvements'.
The “ fourth exception ” avers that the city of Allegheny never authorized the grading, paving and curbing of Wabash avenue, from Perrysville avenue to Crider’s west line, except by ordinance providing for but one contract, which ordinance is dated December 30,1899, but that the city, without any authority authorizing it thereto, awarded the contract for the grading, paving and curbing of Wabash avenue to two differ
The fifth exception avers that the city “ exhausted its power to make assessments for the grading, paving and curbing of Wabash avenue, between Perrysville avenue and Crider’s west line when it had viewers appointed at No. 579, 'August term, 1901, to assess the benefits due to the grading, paving and curbing between Perrysville avenue and the old Franklin road.” The city had elected to improve the part of Wabash avenue upon which appellant’s property abuts as a separate and distinct undertaking; and no property is liable to assessment which does not abut upon the part of the street which is the subject of that
The regularity of the advertisement for bids or proposals for the work which was done under the McAfee contract does not properly arise under any of the assignments of error here presented, although the question has been earnestly argued by counsel. The contention is that the manner in which the contract was let involved a disregard of the provision of the Act of May 28, 1874, P. L. 230, which requires that “ work to be done for the city shall be performed under contract to be given to the lowest responsible bidder, under such regulations as shall be prescribed by ordinance, and it shall be the duty of councils forthwith to enact such ordinance.” Counsel filed an agreement as to certain facts in the court, below, which is, however, so incomplete as to make it impossible for us to satisfactorily consider this question. The agreement sets forth that there was an advertisement for proposals for the grading, paving and curbing of Wabash avenue, and that the notice contained a reference to specifications for the work, to be seen at the office of the bureau of engineering and surveys, but no copy of the notice is attached to or embodied in the agreement. The specifications were for different kinds of paving, and there is no allegation that they were not full and complete as to each of the various kinds. The effect of this was to bring into competition the several kinds of pavement, and, at the same time, reap the advantage of the rivalry between prospective contractors for each of the several kinds: Attorney-General v. Detroit, 26 Michigan, 263. Councils of a city have the sole right to designate what streets' shall be paved and the character of the paving: Philadelphia v. Dibeler, 147 Pa. 261. The agreement of counsel specifically states that the bid of McAfee & Company was the lowest for the kind of pavement which the councils adopted for that part of the street, and it is admitted that the work was well done. The letter of the statute thus seems to have been complied with. If there was any irregularity in the advertise
The judgment is affirmed.