The Jersey City news., 1903-06-25

must ultimately receive its water from
Jersey City, either By a connection to be
made with the old main of Jersey City,
or by connection to be made with the
new main as above mentioned.
Upon the basis of the foregoing facts,
am of the opinion that Jersey City has
the legal power and The physical ability
to enter into an act for water supply
with the township Of Kearney for term
Of years
An act passed April 20, 1885 lP.s T..
1885, 2. 267, Gen. Stat. p. G55, Sec $40,
recites:
"That any city Of this state owning
and controlling its own water works. be
and is hereby authorized and empowered
to make such contract or contracts with
any city town or township in this state
with water for its use and that of the
residents or inhabitants, in such manner
and on such terms as the beard having
charge and control of the water depart
ment Of such city may deem proper: pro-
vided. however. that no power conferred
by this act shall be exercised till
the Board having charge of the
finances Of said city shall, by res
olution concur in any action in relation
thereto
This act affords complete authority for
the making of contract such as the one
in question, provided Jersey City can be
called city owning and controlling its
water works. ! am of the opinion that
Jersey City is clearly within this defn-
ition 1t is true that Jersey City is tenn
porarily acquiring supply of water by
purchase by the million gallons, but il
owns and controls complete distribution
system and an addition, is in the process
Of constructing a complete new water
supply system. The mere fact that, tenn
porarily i'll the process of changing from
its old system to a new system under
construction for the city, it has taken q
temporary supply from another source
By purchase, does not take it out Of the
definition of a city owning and control
ling its own works. l think this point
too clear for argument.
am further of the opinion that what.
ever rights the East Jersey Water Com
pany acquired as against the township
| of Kearney by virtue of its contract with
said township. have been waived by the
said. company as consideration for the
! temporary supply contract awarded to II
by Jersey City and that the Township
of lxearney IS legally in a position ts
make contract with Jersey City. ! am
| further of the opinion that il. for any
physical reason it is inconvenient or M
possible for Jersey City to deliver = new
supply by way of the old mains frcm its
high service reservoir in Jersey City tt
| the present point of connection at tbs
| corner Of Be,leville and Kearney avenues
that Jersey City has the power to lay g
main or permit the Township Of kearneS
| to lay main, from the said point OF con
nection to d connection to be made witt
the new water main of Jersey City al
the nearest convenient point.
While it is true that the said new main
is technically the property of the con
tractor until accepted by the city. yet
| the fact that this main Is being built fol
Jersey City and is already in use n effec
by Jersey City for the reception of it,
temporary supply and the further fact
that such temporary supply is furnished
through said main by contract between
the said East Jersey Wafer Compan,
and Jersey City, and the further fac
| that the said East Jersey Company, By
an agreement supplemental to the orig
inal contract between Jersey City ant
the Jersey City Water Supply Company
became identified with the said watel
supply company. all operate Is
create such condition that in equity
Jersey City has such an inter
est III saidsnew main as to legally maxi
the said connection with the said main
| or permit tile said township of Kearne,
| to do 50. for the purpose of supplying
said township with water, even agains
| the protest of Jersey City Water Supp.!
| Company or the East Jersey Water Com
pany. AS matter of fact. however
/ any opposition to the making Of such ;
| connection By or for the Township o
-
/ Kearfey. if the. same is desired by tn
authorizes of that township and Jerse,
| City, is under all the circumstances, inl
| probable.
4 Respectfully submitted.
/ GEORGE L. RECORD,
Corporation Counsel
Dated Jersey City, June 16, 1903.
Received and referred to the Commit
tee of the whole.
From the Lamp Inspector
Recommending that additional lamp
be placed at the following places
Bergen and Boyd avenue. one go
lamp.
linden avenue. east Of Princeton. thre
oil lamps.
Grant avenne west Of Ocean, two q
lamps. 's3s ! s'''
Received and referred to the Commia
tee on Municipal Lighting.
4 From the Foreman over Sewer Squad
Rendering weekly report.
Received and ordered fled and a cop
Transmitted to his Honor the Mayor.
REPORT OF THE CLERK.
Jersey City. June l6. 1908.
Honorable Board Of Street and Waite
Comlnissi sioners -:
Gentlemen The Commissioners Q
Assessment have fled with me on fhi
date their preliminary assessment map