The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1895-04-27
ADVERTISING NOT NECESSARY

A Private Contract Can Be Made
Under the Law Of 1883 With
ont Inviting Propositions.
The Street and Water Commissioners
met this morning and received the opin-
ion asked of Corporation Counsel Blair,
in relation to their power to reject the
formal propositions for a new water
supply and enter into a contract of their
own King either with q formal or In
forIl III bidder. The opfnion is as follows:
@ ~ THE OPINION.
am in receipt of your resolution
passed on the 25th inst. requesting my
opsa5on on the following questions =.
.E1rst--Whether the two formal bids
canz be changed in case such changes
would be adyantageous to the city; and
StAs8nd-sW neither IN case this board
Should take from the table the report of
the Committee of the Whole and adopt
theXsame. it could legally invite pro-
POSITIONS for new supply without ad-
IN reply to your first enquiry re-
spectfully advise you that you have no
power legally 10 permit any changes to
be made in the formal BIDS now before
yous and then award the contract under
a fgs ps baan and this Is 50 even
You should award the contract, if at
aIls8 to the successful bidder, upon the
terass and conditions of his bid as it
caAe to you, and your board should
accept 1t as whole or reject it.
80 allow a bidder to change or enlarge
befsre you in competition with other bids
Would be manifestly unfair, as such 40
tioH would defeat the very purpose of ad-
vez sssng, viz:-that of securing fair and
a
ones hsdder to change his bid you should
alsps extend the privilege to all Others,
1nKHhich event you would quickly drift
away from your speciications-your only
gusfe--with no way of reaching any re-
sNaffexcept through a course of bargaining
ul,pp some new bass. The allowance of
opaAed would at once deprive the trans
aef5sn Of its only valuable characteristic,
titow. II neither of the formal bids
now Before you IS possible of accept
ssaes then they should both be re-
jeered Your board has no authority after
tl1s%bids have been opened. to alter the
contract materially and then award it
to one of the original bidders without
new advertisement.
80 your. second. inquiry, whether in
caSe this board should take from the
table the report of the Committee of the
Whole and adopt the same It could le-
gasR invite propositions for a new sup
Ply without advertisement I reply that
dt gould not.
tN'a laws. those Of 1858 and 1894. The act
Of SSS tpamp. laws, page 1860 enacts as
fSlagMs fsrs That it shah be lawful for the
Aeauednct Board Township Committee,
| T1Wn Committee or other board body or
dSstarfment g of any municipal corporation
Of this state, having the charge or con-
l.espal corporation, to make and enter
water company, or other company con-
tractor or contractors, for one year or q
term of years, for the obtaining and fur
other supply. of water to such municipal
corporation, for the purpose of extinguish-
ing fires and for such other lawful uses
and purposes as may be deemed neces-
safy or convenient: and any such con
tract and agreement, when so made, shall
such water company, or the company,
contractor or contractors. according to
the tenor thereof. . provided.
however, and it is hereby expressly enact
ed, that no such agreement and contract
shall be made for. a period longer than
provided further. that in any municipal
corporation having a. board of public
alton, if the contract and agreement be
made and entered into by any such board
of public works. it shall not be binding
the same shall have been approved by
THE LANGUAGE CLEAR.
you will observe that the language
| is clear as to your power. 1t is an in
dependent act containing the ordinary
repeating clause Of all other inconsistent
| acts or parts of acts. There are no
| requirements about advertising and a
| public board as yours is, charged with
| the duty! and clothed with the power Of
contracting for public works, need not
| call for bids OF. proposals with a view
| to public composition, unless it is express
iyI REQUIRED TO do SO by the act from
which it derives its power.
If your board should see fit simply to
reject the bids now before you and stop
there, you could; In IN IN my opinion, Ssubse-
tract with any other company for a new
| supply of water, without public ADVERTISE
ment, under the act of 1888 before quoted.
rejecting the bids now before you, pub
| licly invite propositions for new water
5 sstoq %heh reourad unadr yoa ns
| to give pubic notice at the. time such
bids or proposals are advertised, of the
be received. The length of time for
such advertisement VIII be regulated by
the provision of the charter, no time
being named in the act itself. In short,
/. That you should permit no changes
| to be made in the bids now before you
nor attempt to award the contract under
such bids, if changed.
| 2. IF you simply reject the two bids
now formally before you and stop there,
you may thereafter make contract
| without advertising.
8. If, after rejecting the two bids now
before you, your board Invites PROPOSE
| tons for a new water supply, you must
advertise under the act of 1891
Respectfully yours,
JOHN A. BLAIR,
Corporation Counsel.
LAID ON THE TABLE.
| The opinion, for some reason, was laid
on the, table,. Just what course viii be,
pursued now is not known. The report
of the Committee of the Whole to reject
the formal bids of the Jersey City and
/ East Jersey Water Companies is still on
the table. It was reported this morning
for on such q line thar the officials will
lbe better able. to make corftract with
| out further delay.
1t is also runlored that Newarx's ex-
ample may be followed and contract
| entered into privately a communication.
similar to the one sent to the Board of
Finance by C. c.. Vermeule and publish
led in another column, was received and
! referred to the Committee of the Whole
nAMpAETA,c STOW VnvAGE