Pennsylvania Act 1917-55 — COUNTY CONTRACTS UNDER PRIOR UNCONSTITUTIONAL ACTS - VALIDATED

Act text

COUNTY CONTRACTS UNDER PRIOR UNCONSTITUTIONAL ACTS - VALIDATED
                  Act of Apr. 20, 1917, P.L. 90, No. 55               Cl. 36
                                  AN ACT

     Validating, to the extent only that work has been actually done,
        contracts entered into by any county under the act of
        Assembly declared unconstitutional, approved May eleventh,
        one thousand nine hundred and nine, entitled "An act
        providing for the construction, operation, and maintenance of
        public highways, bridges, and tunnels in the several counties
        of this Commonwealth; authorizing the taking of property for
        such improvement, and providing for the compensation therefor
        and the damages resulting from such taking; providing for the
        payment of the costs and expenses incurred in such
        construction, operation, and maintenance; and authorizing the
        levy of a tax and the issuance of bonds to provide a fund for
        said purpose," and providing for the payment by the county of
        such work as was done prior to the date on which said act was
        declared unconstitutional by the Supreme Court.

        Section 1.  Be it enacted, &c., That whenever heretofore any
     county of this Commonwealth has, by virtue of any resolution of
     the county commissioners of such county, entered into a
     contract, or contracts, for the construction of any public
     highway, bridge, or tunnel, under the provisions of an act of
     Assembly, entitled "An act providing for the construction,
     operation, and maintenance of public highways, bridges, and
     tunnels in the several counties of this Commonwealth;
     authorizing the taking of property for such improvement, and
     providing for the compensation therefor and the damages
     resulting from such taking; providing for the payment of the
     costs and expenses incurred in such construction, operation, and
     maintenance; and authorizing the levy of a tax and the issuance
     of bonds to provide a fund for said purpose," approved May
     eleventh, one thousand nine hundred and nine (Pamphlet Laws,
     five hundred and six), and has constructed the same, in whole or
     in part, but is without power to pay for such work as was
     actually done, under such contract, prior to said act being
     declared unconstitutional by the Supreme Court on July first,
     one thousand nine hundred and sixteen,--now, by this act, such
     contract is made valid and binding on such county, to the extent
     only that such work and construction was done or made prior to
     the date on which said act was declared unconstitutional; and
     such county is hereby authorized and directed to ascertain and
     pay for all work done and materials furnished, under the terms
     of said contract, to the party or parties who performed the
     same.
        Such work, or such part thereof as was actually done at the
     date on which said act was declared unconstitutional, shall be
     paid for from county funds out of the county treasury, at the
     prices fixed for the payment of the same under the terms of the
     contract so entered into, in pursuance to the terms of said act.
        Section 2.  Nothing in this act shall be so construed as to
     make valid any resolution or contract, except to the extent that
     work was actually done and performed prior to the date on which
     said act of Assembly was declared unconstitutional.