The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-02-25
CONTRACT SOUND
John P. Stockton Reviews
the Agreement Between
the City and P. H.
Flynn.
STRENGTH IN OMISSIONS
Contractor Must Find His
Own Way to Prevent
Pollution of the Supply.
MAYOR HOOS GRATIFIED
Regards the Opinion as Final
Proof That the City is
Completely Protected.
MAYOR HOOs GRATIFIED

There is no change in the water situa-
ton. Everything points to the carrying
out of the programme arranged by Mayor
Hoos, which is that the water contract
will be executed next Tuesday evening at
eight o'clock. AS an evidence of the care
Mayor Hoos has been taking that he
would be absolutely right in the water
matter the following opinion obtained by
MIN from ex-Attorney General Stockton
was made public today
am in receipt of an agreement pro-
posed to be made between the Mayor and
aldermen of Jersey City and Patrick H.
FLYNN, with request that | will eX-
anime the same with the accompanying
papers, and give an opinion as to whether
the city is properly protected by the con-
tract
Tne agreement recites that on the Sth
day of July, 1885, the Board of Street and
Water Commissioners of Jersey CITY
adopted specifications for new water
supply which specifications are annexed
to the contract and made part of it;
and that they had advertised for propos-
ais for supply of pure and wholesome
water based on such specifications, to be
received by said Board on the. 18th day
OF August, 1898. That after advertising,
the Said Board of Street and Water COM
missioners, on the said 18th day of Aug
ust, 1895, received such proposals, and
that the said contractor in answer TO such
advertisement did present to said Board
on said last mentioned date proposals for
a new water supply under said specihca-
tions, upon three plans known as Plan No:
l. plan No. 2 and plan No. g. d copy OF
which proposal under plan No. is also
annexed and made part of the SAID
agreement; that on the Sth day of De,
cember, 1888, the said Board of Street and
Water Commissioners accepted the pro-
D0sals of said contractor under SAID
plan No. / and awarded contract TO
hi, f6lrnx md
specifications. which award was on the
2lst day of December 1885, concurred in
by the Board Of Finance Of said city, and
was on the 1st day of February, 1893, ap-
proved by the Mayor of said city.
These facts being undisputed and un-
challenged the question submitted to me me
as to whether the agreement prepared and
proposed TO be signed by the Mayor, Is
iha II contraef We" heretofore @ aWarded to
Patrick H. Flynn, by the Street and
Water Commissioners on the zlst day OF
December. 1888, and concurred in by the
Board of Finance, and approved by the
1899
the protection of the city to have in
serted in the agreement any further mat
ter explanatory of the intention OF the
contracting parties.
The first clause in the agreement is as
follows:-'Now, therefore, in considera-
ton of the premises and of one dollar
renovated and agreed by and between
the parties hereto as follows
L The said contractor agrees to con-
etruct a new system OF water works for
Jersey City to supply said city there
from with pure and wholesome water IN
strict conformity with said speelficatlons;
and his proposal under plan No. l, and
to enlarge said work, IS required by Jer-
sey City, in the manner provided IN SAID
shall be constructed and maintained by
the contractor that the water delivered
therefrom shall be pure and wholesome
and free from pollution deleterious Tor
the time that Jersey City shall take
water by the million gallons. II such
sey City they shall be delivered to said
city as a completed operating plant tree
from pollution as aforesaid.
this clause, agrees to construct a new
system of water works to supply Jersey
City therefrom with pure and Wholesome
specifications and his proposal, and they
shall be so constructed and so maintained
by the contractor that the water deliver
ed therefrom shall be pure ana Whole-
some and free from pollution, deleterlous
for drinking and domestic purposes, dur
ing the time that Jersey Glty a sadf II saeh sac
works and supply are purchased Dy Jer-
sey City they shall be delivered to SAID
city as a completed operating plaht' Tree
from such pollution
So far as the protection of the city
is concerned against any claim Ior com-
pensation, this clause seems TO be ample.
irhere is on claim for compensation on the
part of the city to take either the water
or the plant, unless the water IS sucn
the contract Nor can I find anything in
the specifications or other parts OIL ine
contract to modify in any way TINS
fundamental provision.
In the second clause. Jersey. City agrees
to take the water and use the same Ior
the water supply when the WoIks are are
snerifications and plan No. as soon as
she said contractor is ready to celNrr
pure and wholesome water from sucn
II fhe third clause Jersey City agrees
70 nav for such water, when delivered to
it under said, specifieatiol,nsss ana piah' ~
the manner therein provldeu;
The fourth clause makes the spectsiitcIs, ~ 70 =
tions and separate proposal a part OF the
I11 The fifth is an agreement on the part
of the contractor upon the recelpL ~
notice and the payment OF the puIcna1iu pls.is
price to sell and convey u dng TaNsev Cty On
options therein expressed. r... IL ,e;x,a
The sixth requires Jersey City TO give
notice of its intention 10 purcnase a+or II
abstracts, guarantee Of titles, etc.
The Eighth provides that az sewers sed and and
arranged for by the contract. to preven. pl1
pollution. or to carry off pollution exist,
ing in the watershed, shall, under salu
sfructed and arranged for by. him that,
in the event of the purchase OF the water
supply and plant by Jersey CITY undef
any of the options aforesaid' me oi'ermd5 ia
tion and maintenance of said sewers ana
sewage disposal works for the purposes
aforesaid shall not be charge unon OF
an expense to Jersey City s
The obvious meaning OF this clause IS
s+lat the means which the contractor
edonts to carry out the contract. which