Evening journal., 1908-12-04

City Solicitor sylvester II. Townsend
yesterday afternoon notified the Board OF
Water Commissioners that he will draw
up form OF contract for the acceptance
by tine Commission Of the bid OF Cole
man Brothers, Of Boston. for the erection
Of the new filter plant at the Weldin
Farm site. He says he will also prepare
the necessary resolution for the board 10
pass to accept the bid. This he will do at 4
the earliest possible date.
Because the form OF contract which was
set forth in the printed pamphlet pre-
pared for the bidders does not. in the
opinion OF the city solicitor. contain suf-
lcient provision TO guard against extras
or against possible suits for infringe
ment Of patents. he says he cannot ap-
prove It and for that reason will draw
up a new form OF contract
Mr.. Townsend also set forth as a re-
minder 70 the board. that when the act
providing for the 100000 bond issue for
the Improvement Of the water system was
up before the House and Senate Com
mittees at the last session of the Iegis-
lature. these committees were assured by
the then chief engineer and present presi-
dent Of board together with himself that
900 would be sufficient to take care
Of the full completion Of the water sup
ply system and that $4,000 would POSI-
lively be used TO acquire water rights.
As those water rights which are along
the Brandywine have not been purchased
Mr.. Townsend held that such a breach
OF faith with the members OF the Legis-
lature may make It difficult when the
city again asks for the enactment OF
laws.
MR.. TOWNSEND'S OPINION.
The city solicitors letter follows:
Board of Water Commissioners. Will
mington, Delaware:
In reply TO your letter Of November
%. requesting me to draw suitable reso-
luton and form Of contract for the ac-
ceptance of the bid Of Coleman Brothers,
of Weston. to construct a filtration plant
| for the city OF Wilmington at their bid
OF s257 800. I desire to inform you that
will prepare a resolution and form Of
contract at the earliest possible date and
will endeavor to forward both papers to
you by Monday
Il cannot approve the form q; con-
tract which was set forth in the printed
pamphlet issued I'm connection with the
specifications. for the reason that It does
not contain sufficient provision to guard
against claims for "extras" or against
possible suits for infringement of pat
ents on certain patented articles that
may be used in the construction work
Il am informed that Harrisburg has
already been sued for alleged infringe
ment OF patents on patented articles used
in its filtration plant and that the cities
OF Louisville. Columbus and New Or
leans and the Hackensaek Water Com
pany Of New Milford, n. J.. are likely TO
be sued for the same cause. ], therefore
want to guard against such danger in
this instance.
From an examination Of the statutes
and ordinances affecting the city and
adjudicated cases bearing on the sub
iect matter involved in the proposed con-
tract I have reached the following con-
/ clusions.
"O) That tho city has no authority to
contract or create any debt or liability
| Except authorized bonded indebtedness)
where the amount of such debt OF llabil-
ity 10 be paid within a particular fiscal
year. WILL in addition to existing debts
and liabilities dncluding maturing bonds
and bond interests for such year, be In
excess Of the taxes. rents and receipts
Of the city for such particular year.
'section H. City Charter-As all OF the
anticipated taxes. rents and receipts for
the fiscal year ending June 80. 1909. have
been appropriated. ! am Of opinion that
the filter contract could not legally be
entered into, unless other provision had
been made for the payment OF the amount
OF the contract.
"e) Chapter 179, Volume q. Delaware
Laws. authorlzcs the borrowing OF eight
hundred thousand dollars. which amount
must he applied OD to the paying off OF
any floating Indebtedness and current
liability I'm connection with the water
works system OF the city Of Wilmington,
and after all of such debt and liability
shall have been paid and satisfied. 60 fci
acquiring real estate and water rights
and FOR the completion, construction
erection and equipment of new reser
voirs. filter plants, pumping stations
pumping engines. pipes, mains and othei
appurtenances necessary for the compile
tion and operation Of the water suppl,
system Of the city OF Wilmington.
'.rhe act also provides: that II shall b
the duty Of the mayor, city treasurer
and city auditor TO execute the bond
when directed by tile Council to do so
that said bonds. or any part thereof ma'
be sold when and as the Council or tn
Mavor and Council of wilmington shal
. determine; that whenever the Board o
S Water Commissioners OF the city o
!. Wilmington shall deem II necessary 4
i have the Council sell all or any par
@ OF said bonds. the said board shall b.
{ resolution request the Council TO issu
> any portion or all Of said bonds. and tn
S Council. IL It shall deem it advisable
may sell and dispose Of the same.
: in conformity with one Of the las
mentioned provisions. the Water Depart
ment requested the Council TO issue an
sell all OF said bonds. and the Council
I by ordinance passed April %. 1907. pro
vided for the issue and sale Of the author
lied amount of said bonds; that sal
t bonds should be signed by the Mayor
+ city treasurer and city auditor when sue
y officers should be directed by resolutio
!, OF the Council to do so; that the finano
committee of the Council should sell a
or any part OF said bonds 10 the highes
4 and best bidder on the most advantageou
terms possible and should pay the none
n received from the sale OF said bonds Z
e the city treasurer. who should deposit III
It same to the credit Of the Board Of Wate
IS Commissioners.