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PHILIPPINE LAWS, STATUTES & CODES
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Republic Acts :
REPUBLIC ACTS
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REPUBLIC ACT NO. 4063 - AN ACT
GRANTING THE LAZATIN INCORPORATED A FRANCHISE TO CONSTRUCT, MAINTAIN
AND OPERATE A WATER SUPPLY SYSTEM IN THE BARRIOS OF SAN JOSE AND STO.
DOMINGO, ANGELES CITY Section 1. Subject to the conditions established under this
Act and to the provisions of Commonwealth Act Numbered One hundred and
forty-six, as amended, and the Constitution, there is granted to the
Lazatin Incorporated hereinafter known as the grantee, for a period of
twenty-five years from the approval of this Act, the right, privilege
and authority to construct, maintain and operate a water system for the
purpose of distributing water for sale within the limits of the City of
Angeles. For this purpose the grantee shall have the right and
privilege: Sec. 2. The grantee shall have the right to acquire or obtain by grant, lease or purchase sufficient land for the construction of water reservoir or dams, and the erection of buildings and of tanks at suitable heights for the storage of the water from said water reservoir or dams, and a right of way to separate from all streets and public highways not to exceed ten meters in width, from the location of each tank to the limits of the strong-material zone of the city above-mentioned, and in order to acquire such land or any part thereof the grantee may institute proceedings in any competent court for the expropriation of all such land or any part thereof, as provided by law. Sec. 3. All water mains and pipes situated within
the strong-material zone of the City of Angeles, as now or hereafter
established by law, shall be placed at least forty-five centimeters
below the surface of the ground as far as the upper part of such mains
or pipes is concerned. The water mains or pipes between the reservoir
and the source of supply and said limits of the strong-material zone of
the city may be put above the ground on the grantee's right of way
except where they cross a street or public place, in which case they
shall be placed below the ground at the depth above mentioned. The
construction and laying of the mains and pipes shall be done in a
workman-like manner, in accordance with a plan previously approved by
the Public Service Commission, and whenever it shall be necessary to
change the level in any part thereof in order to avoid interference
with any public sewer or drain constructed or to be constructed, the
grantee herein shall forthwith change such portion of said mains and
pipes as the Public Service Commission may direct in writing. Sec. 4. All apparatus and appurtenances used by the grantee shall be modern and first class in every respect, and the water mains and pipes shall, when laid in streets or public places, be so placed and maintained as not to interfere in any manner with the unrestricted use of such public places and streets. In the maintenance and operation of his water supply system, the grantee shall always be subject to such reasonable regulations as the Public Service Commission may promulgate in the premises. Sec. 5. Whenever it shall be necessary in the laying of said mains or pipes to take up any portion of the sidewalks or dig up the ground of the sidewalks of public streets or thoroughfares, then the said grantee shall, after said mains or pipes are laid, without delay replace said sidewalks in the proper manner, or arrange said streets or public thoroughfares, removing from the same all rubbish, dirt, refuse or other material which may have been placed there taken up or dug up in the laying of said mains or pipes and leaving them in as good condition as they were before the work was done; and whenever it shall become necessary, by reason of the extension of roads determined upon by the city council, or by reason of the extension of streets or plazas determined upon the city council of the city above-mentioned to change the location of said mains or pipes, such change shall be made by the grantee, his successors or assigns, at its expense, without delay, and said mains or pipes shall be placed where directed by said city council. Sec. 6. The grantee hereby agrees to compensate the city government for any damage to its property by reason of the non-construction under this franchise or of any neglect or omission to keep the water mains, pipes, conduits, reservoirs, dams and other property in a safe condition, and to be responsible for any damage to individuals, corporations, copartnerships, private, public or quasi-public associations, or joint stock companies, arising out of such fault or negligence. Sec. 7. Said grantee shall file his written acceptance of this franchise with the Secretary of Public Works and Communications within one hundred and twenty days from the date when he obtains the certificate required by Section one of this Act, and shall commence work under the supervision of the city engineer, in accordance with the plan, specifications, and estimates previously approved by the Public Service Commission, within six months time from and after the date of filing such acceptance, unless prevented by an act of God or force majeure, usurped or military power, martial law, riot, or civil commotion or other inevitable cause, and shall complete the system and have the same in operation within eighteen months from the date of such acceptance, and shall thereafter maintain a first-class water system and furnish first-class service to the public and private consumers: provided, that in consideration of the franchise hereby granted, the grantee shall pay quarterly to the city treasury of the city above named, three per centum of the gross earning of his business during the first fifteen years, and two per centum during the remaining ten years of the life of this franchise. Sec. 8. Upon the acceptance of this franchise as
provided in the next preceding section, the grantee shall deposit in
the city treasury or with any of its agent in the City of Angeles, ten
per centum of the value of the investment in cash, in negotiable bonds
of the Government of the Philippines or other securities approved by
city council, as an earnest of good faith and a guaranty that he will
begin the water supply business and may be completely provided with the
necessary equipment therefor and ready to begin operation in accordance
with the terms of this franchise: provided, however, that if such
deposit is in cash, it may be made in some official depository of the
Government in the name of the grantee and subject to the order of the
city treasurer, who shall retain the evidence of the deposit so made. Sec. 9. This franchise is granted with the
understanding and upon the condition that all lands or rights of use or
occupation of lands secured by virtue of this franchise shall revert
upon its termination to the national, provincial or municipal
governments which were the owners thereto upon the date on which this
franchise was granted, and all property of the grantee used in
connection with this franchise shall become the property of the City
Government. Approved: June 18, 1964 |
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