The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1895-05-08
(ome,al Proceedings

(Qfieial Pr~oceedings.)
In matter OF proposition for new water
supply heretofore submitted.
Received and referred to the Committee
OF the Whole.
OFFICIAL COMMUNICATION.
From John A. BiaIr, Corporation Coun-
10 the Board of Street and Water Com
JERSEY CITY. April 49,. 1895.
Gentlemen,l am in receipt OF your
questlng MY opinion OF the following
FIrsl-Whether the two formal bids can
be changed in case such change would
be- advantageous to the city; and -
sesend-Mhether in ease this Ihs 1 B9aTd
Of off9 tie committee oans Of the Whole and adopt
the same, it could legally invite propose.
lions for a new water supply Without
In reply TO the first inquiry. I respect
FULLY advise you that you have no poWSf
n the formal bids now before YOU. and
then award the contract under the cnanS-
Cd prop.osal; and this Is 81 even II the
ali. 10 the successful bidder upon the
terms a,s e and Sos s0n aia pfd q + an ms entirety 1tn y as as
1t stands before you and FOUR boaru
SHOULD accept it as a whole or REJECT Il;
the terms of his bid, while il stil re-,
mains before you in competition VIII
Ssns s,,a sbid5 s,et woald ma b m aafeat the ah very
purpose OF advertising, VIZ. tnat OF sssff
curing fair and open sompetisio nhange ~
his bid. you should also extend the privi-
lege to all others, in which event you
would quickly drift away from your
way Of reaching any result except
through a course OF bargaining upon some
n nsw : b basis ance T rsee al.Sw and opened, would
81 once deprive the transaction of its only
valuable CHARACTERISTIC, that OF equai
fair and open competition.
If either of the formal bids now before
you Is possible of acceptance, then they
should s,t both be a rsjeete ths bSnr ha9e b eaa
ahd then award It to one s Of the 1rlgthai
bidders without laoa a new ,n auxertise Whether
from the table The report Of the
same it could legally invite propositions
for a new water supply without adver-
isement 1 reply that it could not.
two une la Sns"t those Of 1ssS and 1881. The
act of 1883 pamp. laws. page See) enacts
That it shall be lawful for the Board
of Aldermen, Common Council. Acque-
duct Boards, Township Committee, Town
Committed or other Board. body or ne
this State having the charge or eontfoi
of the water supply of IN sueh NUM-
cfpal corporation, to make ana enter INTO
a contract or agreement with any water
company, or other company, contractor
or contractors for one year or term OF
yeas for the obtaining and furnishing OF
q supply. or a further. or other supply
of water to such municipal corporation
for the purpose of distinguishing tires.
and for such other lawful uses and pur-
poses as may be deemed necessary OF
convenient; and any such contract or
agreement. when so made, shall be the
valid and lawful CONTRACT OF such NUM-
- ~-,, 0ro fso,a nc n q c of 4nU Snrn
water company or other company, con-
tractor or contractors. aeording TO tne
tenor thereof PROVIDED now nS
that no such agreement and eontract
shall be made for a period longer thar
twenty-five years II n one tlmei aad
;corporation having q Board OF Pupne
wsIks and 2 Board : Of an rin asEssm and
Board of Public Works. it shall not be
binding Upon such municipal corporation
until the same shall nave been approves
You will observe that the Language, IS
clear as to your power. 1t is an ande-
p peafainn' clause aas e01 Of ait other ins ineonsistent
acts or parts of acts. There are no re-
:quirements about advertising, and a
need not cali for bids or proposals with
q view of public competition, unless it is
expressly required to do so by the act
IF0Hg WHICH IL QGflNGS " pOWSis ts -
If your Board should. see fit to simply
reject the bids now before you and stop
there, you could, in. my opinion, subse-
quently proceed legally and make a con-
tract With any water company for a new
supply of water without public advertise
ment, under the act of 1855, above quoted.
II, however, you go further, and, after
rejecting the bids now before you public
1y, Invite propositions for a new water
supply" then your action passes under
the act of 1894, page 280, which required
you to ''give public notice at the time
such bids or proposals are advertised OF
the time and place when u bids
shall be received etc.
The length of time for such advertise
ments will be regulated by the provisions
of the charter. no time being named in
the act itself. In short I advise you
1. THAI you should permit no changes
to be made in the bids now before you.
nor attempt to avoid a contract under
such bids, If changed.
2. II yot simply reject the two bids
now formally before you, and stop there,
you may thereafter make a contract
without advertising.
8. If. after rejecting the two bids now
before you, your Boar invites PROPOSE
lions for a new water supply, you must
advertise under the act of 1894.
Respectfully yours,
Corporation Counsel.
Received and laid on the table.
The Board on motion adjourned.
GEORGE T.. BOUTON,
90 Clerk.