Evening journal., 1908-08-25
WATER BOARD
AFTER AN OPINION
Will Employ Counsel for Legal
Advice on New Plan TO
Build Filter Plant

Chief Engineer John A. Kienle. Of
the Water Department. In a report to
the Board of Water Commissioners
yesterday afternoon. informed that
body that the pans. specifications and
form Of contract for the proposed filter
plant, as suggested by former Chief
Leisen, with the exception Of a few
minor details, have been completed. he
recommended, however. that a Legal
opinion be obtained on the matter be.
fore any further action is taken by tho
board
Acting on this report, Commissioner
Ford moved that the president CT the
board be authorized to employ counsel
TO give such an opinion.
Mr.. Knox opposed tho motion on the
giouhd That The city solicitor was em-
ployed by the city to give legal advice.
He asked why the matter could not
be referred 10 that official, and Mr..
Ford replied that he thought the city
solicitor would be biased IN his opin.
ion.
Mr. Knox said that ne did not thirls
Il was right for the board TO pay legal
advice when It could set such for
nothing.
The motion was carried. however.
with Messrs. Shaw and Ford voting
in the affirmative and MIR. Knox against
1t.
Engineer Kienle's Report.
Mr.. Kienle's report follows:
To the Board Of Water Commissioners.
Gentlemen; In conformity with the
action Of your board authorizing TIE
chief engineer 20 prepare plans, speci-
ficatons and form Of contract for a
filter plant. on the lines suggested IN
letter under date OF July 81. 1908.
from TheodoreA. Leisen, chief engineer
I wish to report that the form OF con-
trat has been prepared and the plans
and specifications with the exception
OF few minor details have been COM
pleted. j have taken UP the matter
Of constructing the filters on the plan
proposed with contractor who would
be likely 10 bid and also with repre-
sentatives OF banking houses which
must necessarily lend assistance TO the
financing Of sthe proposition. From
the views taken by contractors there
seems TO be certain draw backs 10 the
aroposition and these / wish to call
to your attention.
For the mutual protection OF tho
parties TO the contract, legal opinion
is Of the utmost importance, and few,
II anv contractor. would toucn tht
proposition without 1t. You can well
realize that such an opiDion should be
unbiased and OF necessity be rendered
by an attorney whose opinions in gen.
eral carry with them conviction.
Further under the plan outlined we
request bids on our plans and special
cations for the construction and stipu-
late the use Of certain devices for the
operation and require certain ehicien-
cies in the filterng, together with GER
tain clauses for the extension. all Of
necessity to the city's interests ano
which know TO be not only correct
and possible but liberal to the con,
tractor. Yet in the event of his fail
ure 70 comply with the requirements,
I believe in equity he would not be
held.
Again under the clause for supply
ing filtered water. the general lack OF
knowledge on the part Of contractors
as to operating expenses OF such a
plant would naturally lead TO high
prices for the altering, more forcihie
in this particular feature since the de-
sign Of the plant is the most modern
to date and involves economical oper-
ating features not possessed by Other
plants.
For these and various other minor
reasons I would sugges. that along the
same general lines OF procedure YOU
take up the following outlined plan:
Have the contractor build the plant
as originally proposed but lease the
same upon its completion at an annual
rental. submitted by the contractor
with his bid or purchase price. sufti-
cient to pay for the entire plant in
a prescribed number CT years. The
city 10 have the option of purchasing
the plant at any time during that
period az q cost that viii diminish
from the original purchase price in
proportion to a percentage of the an
nual rental
The above outlined tlan viii allow
the operation Of the filters to be carried
on by and under the supervision OF
this department at a greatly reduced
cost Der million gallors.
An investigation Of the various other
points at issue Will believe stamp
with approx a. "a a wise and economical