An Act Authorizing the Granting of Revocable Licenses to Construct and Operate Tramways on Public Roads and for Other Purposes

February 6, 1912

ACT NO. 2157

AN ACT AUTHORIZING THE GRANTING OF REVOCABLE LICENSES TO CONSTRUCT AND OPERATE TRAMWAYS ON PUBLIC ROADS AND FOR OTHER PURPOSES

SECTION 1. Any municipal council with the approval of the provincial board is hereby authorized to grant a revocable license to construct and operate a tramway upon any public road or roads within the boundaries of the municipality: Provided, That such license shall contain substantially the terms and conditions hereinafter set forth.

SECTION 2. Every such tramway shall be a single line with necessary switches, sidetracks, loops, turnouts, and passing places, and shall be constructed along one side of the public road or highway so as to leave to least three meters between the tramway and the center line of the public road for the entire length of the tramway free and clear of tracks, roadbeds, switches, sidetracks, loops, turnouts, and passing places of saids tramway, and said tramway with its switches, sidetracks, loops, turnouts, and passing places shall be so constructed and located that it shall not unreasonably interfere with traffic over the entire width of the streets or streets crossing.

SECTION 3. The licensee shall construct and maintain and keep in good repair such drains, culverts, or waterways as the tramway or its operation or maintenance may render necessary for the proper drainage of the road, highway, or street over which it passes, and the construction and maintenance of said drains, culverts, and waterways shall be under the supervision of the Director of Public Works, or his authorized subordinate, to the extent necessary for the protection of the public interests.

SECTION 4. All culverts, bridges, and drains constructed by the licensee crossing any road, highway, or street shall be constructed and maintained by the so as not to interfere with the traffic over the road, highway, or street or to prevent convenient use thereof by the public.

SECTION 5. The licensee shall be under a continuing obligation to keep in good repair the roadbed of said tramway and the surface of the road, highway, or street between the rails and between the tracks of the tramway and for eighteen inches on each side of said tracks for the entire length of the tramway, within the town. Within the barrio proper or poblacion of any barrio of the municipality through which such tramway passes, the space between the rails and tracks of the tramway and for eighteen inches on each side of said tracks shall be filled flush to the top of the rails by the licensee with the same material as that used of the rails by the licensee with the same material as that used in the construction of the road, highway, or street and as may be prescribed by the municipal council: Provided, That if the municipal council shall order a change in the kind of material after the same has once been approved by the municipal council and laid by the licensee, the material necessary to make the change shall be furnished by the municipality and the work of laying such material and putting the same in place shall be borne by the licensee at his own proper cost and expense. TIADCc

SECTION 6. The licensee shall be liable for all damage to, and for his just proportional share of the cost of construction and upkeep of, all bridges or culverts and drains used by his tracks, such proportion to be determined by the municipal council subject to the right of the licensee to appeal to the provincial board, whose decision shall be final.

SECTION 7. Before commencing the work on the tramway and within thirty days after the granting of any license under this Act the licensee shall file in duplicate with the municipal council a map or plan showing the location, direction, and general course of said tramway, the estimated distance between changes of course, accompanied by an explanatory statement as to the route of the tramway, and its relation to the road, highway, or streets over which it passes. Should the municipal council refuse to approve said map or plan, the licensee shall make such changes as may be prescribed by the municipal council. One copy of the map or plan, when finally approved, shall be filed by the municipal council in the office of the municipal secretary and one copy shall be returned by him with the municipal council's approval to the licensee. The failure or refusal of the licensee to file the map required by this section within the time prescribed or to change within a reasonable time the said map or plan when so directed by the said municipal council shall render null and void the license granted by this Act.

SECTION 8. Within thirty days after the map or plan of the tramway furnished by the licensee is returned to him by the municipal council finally approved, the licensee shall file with the municipal council his acceptance in writing of the license granted by this Act and at the same time shall deposit in the provincial treasury the sum of one thousand pesos Philippine currency, or negotiable bonds or other securities of equal value approved by the Insular Treasurer. Said deposit shall be made as an earnest of good faith of the acceptance and as a guaranty that within six months from the date of said acceptance the tramway will be put in operation in accordance with the terms and conditions of this license. Failure to comply with the provisions of this section shall constitute a revocation of the license herein granted, and shall IPSO FACTO forfeit the said one thousand pesos Philippine currency to the municipality concerned.

SECTION 9. The licensee, in consideration of the granting of such license, shall transport, at rates to be fixed by the agreement between the licensee and the municipal council or, in case of disagreement, by the provincial board, such materials as may be needed for the repair of the road along or upon which the tramway is built and operated.

SECTION 10. Any license granted hereunder may be revoked at any time by the municipal council with the approval of the provincial board by serving six months' notice on the licensee. Within six months after the said notice has been served it shall be the duty of the licensee to remove all the rails and ties of the tramway and to supply and place such filling as may be necessary in order that no unevennesses caused by such removal may remain to interfere with the ordinary traffic on the said road, the entire roadbed to be left in neat, workmanlike condition, subject to the approval of the municipal council. If within thirty days after the expiration of the period of six months mentioned in this section the licensee shall not have fulfilled the requirements of this section, the provincial board shall cause the work of removal and filling to be carried out as required herein and the cost of the same shall be borne by the licensee. For the purpose of carrying out the provisions of this section, the one-thousand-peso deposit required by section seven hereof shall be retained as a guaranty until the provisions of this section have been complied with, upon which it shall be returned to the licensee less whatever amount may be due the province for work done hereunder. Should this work cost more than one thousand pesos, the licensee shall make good the difference. AIDSTE

SECTION 11. Any license granted under the provisions of this Act shall be subject to such municipal ordinances as may be passed from time to time by the municipal council of the municipality in which the tramway is to be operated.

SECTION 12. This Act shall take effect on its passage.

ENACTED, February 6, 1912.