Yohe v. Lower Burrell

In September 1953, the City of Lower Burrell, then a second class township, enacted an ordinance authorizing its supervisors to award exclusive contracts for garbage collection from dwellings in the community. However, no effort was made to enforce or administer that ordinance until after Lower Burrell had been incorporated as a third class city. In the summer of 1964, six individuals, including appellant, were asked by the City to enter into three year contracts under which each would be granted the exclusive privilege to collect garbage in a specified district and to collect fees not to exceed a monthly maximum of $1.50 from each dweller serviced. Although no specific determination has been made of the total amount actually collectible from the dwellings in each district under each contract, it is understood that the gross receipts under each contract would certainly be greater than $1,000.