[ Act No. 1323, April 14, 1905 ]
AN ACT AUTHORIZING THE CITY OF MANILA TO INCUR AN INDEBTEDNESS OF FOUR MILLION DOLLARS, IN MONEY OF THE UNITED STATES, AND TO ISSUE BONDS COVERING THE AMOUNT OF SAID INDEBTEDNESS, PAYABLE IN GOLD COIN OF THE UNITED STATES OF THE PRESENT STANDARD VALUE, FOR THE PURPOSE OF PROVIDING FUNDS TO CONSTRUCT SEWERS IN THE CITY OF MANILA AND TO FURNISH IT WITH AN ADEQUATE SEWER AND DRAINAGE SYSTEM AND SUPPLY OF WATER, PURSUANT TO THE PROVISIONS OF SECTIONS SEVENTY, SEVENTY-ONE, SEVENTY-TWO, AND SEVENTY-THREE OF THE ACT OF CONGRESS APPROVED JULY FIRST, NINETEEN HUNDRED AND TWO, ENTITLED "AN ACT TEMPORARILY TO PROVIDE FOR THE ADMINISTRATION OF THE AFFAIRS OF CIVIL GOVERNMENT IN THE PHILIPPINE ISLANDS, AND FOR OTHER PURPOSES;" MAKING PERMANENT ANNUAL APPROPRIATIONS FOR THE CREATION OF A SINKING FUND FOR THE PAYMENT OF SAID BONDS AND FOR THE PAYMENT OF THE INTEREST THEREON; ESTABLISHING UNDER THE MUNICIPAL BOARD OF THE CITY OF MANILA A DEPARTMENT OF SEWER AND WATERWORKS CONSTRUCTION, AND APPROPRIATING TEN THOUSAND PESOS FOR THE PAYMENT OF THE SALARIES OF THE OFFICERS AND EMPLOYEES OF SAID DEPARTMENT FOR THE REMAINDER OF THE PRESENT FISCAL YEAR.
By authority of the United States, be it enacted by the Philippine Commission, that:
Section 1. In pursuance of the provisions of sections seventy, seventy-one, seventy-two, and seventy-three of the Act of Congress approved July first, nineteen hundred and two, entitled An Act temporarily to provide for the administration of the affairs of civil government in the Philippine islands and for other purposes the city of Manila is hereby authorized to incur an indebtedness of four million dollars, money of the United States, and the Secretary of War is hereby authorized to issue, in the name and on behalf of the city of Manila, its bonds covering the amount of said indebtedness, for the purpose of providing funds to construct sewers in the city of Manila and of providing said city with an adequate sewer and drainage system and supply of water. The bonds thus authorized shall be issued and dated as follows: One million dollars, June first, nineteen hundred and five; two million dollars, January second, nineteen hundred and seven; one million dollars, January second, nineteen hundred and eight; shall bear interest at the rate of four per centum per annum, payable quarterly; shall be redeemable at the pleasure of the city of Manila after ten years from date of issue, and payable thirty years after dale of issue in gold coin of the United States of the present standard value. Both principal and interest shall be payable at the Treasury of the United States. The said bonds shall be in registered form in denominations of one thousand and ten thousand dollars, in proportions to suit the purchasers thereof, and shall be registered and transferable at the office of the Treasury Department of the United States at Washington, District of Columbia. The said bonds are declared, by section one of the Act of Congress approved February sixth, nineteen hundred and five, entitled "An Act to amend an Act approved July first, nineteen hundred and two, entitled An Act temporarily to provide for the administration of the affairs of civil government in the Philippine islands, and for other purposes and to amend an Act approved March eighth, nineteen hundred and two, entitled An Act temporarily to provide revenue for the Philippine islands, and for other purposes and to amend an Act approved March second, nineteen hundred and three, entitled An Act to establish a standard of value and to provide for a coinage system in the Philippine islands, and to provide for the more efficient administration of civil government in the Philippine islands, and for other purposes," to be exempt from the payment of all taxation by the Government of the United States, or by the Government of the Philippine islands or of any political or municipal subdivision thereof, or by any State, or by any county, municipality, or other municipal subdivision of any State or Territory of the United States, or by the District of Columbia, pursuant to which Act, as well as to said Act of Congress approved July first, nineteen hundred and two, and to this Act these bonds are issued; which facts shall be stated upon their face.
Section 2. The Secretary of War is further authorized to sell said bonds on such terms as are most favorable to the city of Manila: Provided, That no bond or bonds shall be sold at less than par or face value, and he shall deposit the proceeds of such sale or sales with the Guaranty Trust Company of New York, an authorized depository of the Government of the Philippine Islands, to the credit of the Treasurer of the Philippine Islands.
Section 3. The proceeds of the sale of said bonds shall be by the Treasurer of the Philippine islands placed to the credit of the "sewer and waterworks construction bond issue of the city of Manila," and shall only be withdrawn therefrom by appropriation by the Philippine Commission for the purposes mentioned in this Act.
Section 4. The Secretary of War shall report to the Auditor and to the Treasurer of the Philippine islands and to the Municipal Board of the city of Manila the amount of said bonds so issued and sold by him, together with the numbers and denominations, and the amount realized from such sale or sales thereof, and the same shall be made a matter of record in the offices of the Auditor and of the Treasurer of the Philippine islands.
Section 5. There are hereby appropriated, out of any funds in the insular Treasury not otherwise appropriated, for public works and permanent improvements of the city of Manila, such sums as may lie necessary to meet the interest payments upon the bonds issued in accordance with this Act, such appropriations to be deemed permanent annual appropriations and to continue until said bonds are paid.
Section 6. There is hereby appropriated, out of any funds in the Insular Treasury not otherwise appropriated, for public works and permanent improvements of the city of Manila, nineteen thousand three hundred and seventy dollars, money of the United States, each year until said bonds are paid for each one million dollars of bonds issued in accordance with this Act, such appropriations to be deemed permanent annual appropriations and to continue until said bonds are paid. Said sums so appropriated and the interest; thereon shall be invested by the Insular Treasurer in such manner as the Municipal Board, with the consent of the Secretary of Finance and Justice, shall direct, and shall constitute a sinking fund for the payment of said bonds.
Section 7. There is hereby created, under the Municipal Board of the city of Manila, a Department of Sewer and Waterworks Construction, which shall be charged with the making of surveys, the preparation and completion of plans, and the construction of the proposed sewer and water-supply systems of the city of Manila.
Section 8.1aшphi1 There shall be in the Department of Sewer and Water-works Construction a chief engineer, who shall receive a salary of five thousand four hundred dollars, United States currency, per annum; two principal assistant engineers, at four thousand dollars, United States currency, per annum each; four assistant engineers, at two thousand dollars, United States currency, per annum each; one assistant engineer, at one thousand eight hundred dollars, United States currency, per annum; two surveyors, at one thousand eight, hundred dollars, United States currency, per annum each; two draftsmen, at one thousand six hundred dollars, United States currency, per annum each; two assistant draftsmen, at three hundred and sixty dollars, United States currency, per annum each; two level men, at one thousand two hundred dollars, United States currency, per annum each and two rodmen, at nine hundred dollars, United States currency, per annum each. The chief engineer and the two principal assistant engineers shall be appointed by and be removable by the Municipal Board; the other engineers and employees by the chief engineer.
Section 9. The personnel enumerated in section eight of this Act includes the officers and employees named in section one of Act Numbered Twelve hundred and twenty-two, with the exception of "one engineer, sewer system, at four thousand five hundred dollars per annum, with quarters in kind not to exceed seventy-five dollars per month," which office is hereby abolished from and after the date of the passage of this Act. With this exception the appropriation made for the officers and employees enumerated in said Act Numbered Twelve hundred and twenty-two shall remain in force, and there is hereby appropriated, out of any funds in the Insular Treasury not otherwise appropriated, for salaries and wages, Department of Sewer and Waterworks Construction of the city of Manila, for the remainder of the present fiscal year, as follows: One chief engineer, at five thousand four hundred dollars per annum; two principal assistant engineers, at four thousand dollars per annum each; two assistant engineers, at two thousand dollars per annum each; one surveyor, at one thousand eight hundred dollars per annum; one draftsman, at one thousand six hundred dollars per annum; one assistant draftsman, at three hundred and sixty dollars per annum; two levelmen, at one thousand two hundred dollars per annum each; two rodmen, at nine hundred dollars per annum each; in all, ten thousand pesos: Provided, That all paid under this appropriation shall be repaid to the Insular Treasury from the proceed of the sale of the bonds mentioned in section one hereof, as soon as such proceeds become available.
Section 10. The construction of said sewer and water-supply systems shall, as far as practicable, be done and the necessary materials purchased by contract or contracts of the city of Manila with private individuals or corporations. Bids for the same shall be advertised for and the contract shall he awarded to the bidder or bidders whose bid or bids shall be deemed most, favorable to the city of Manila by the Municipal Board, except as hereinafter stated: Provided, That the Municipal Board shall have the power to reject any and all bids, and it is, hereby authorized to reject the same and proceed as directed in subdivision (i), section five of Act Numbered Twenty-two, entitled "An Act appropriating one million dollars, in money of the United States, for improving the port of Manila."
When the Municipal Board shall decide that public exigency requires the immediate delivery of any article or performance of any service, the article or service required may, with the approval of the Governor-General, be procured by open purchase or hire at the places and in the manner in which articles are usually bought and sold or such services engaged between individuals, provided the price of such article or service does not in any single instance exceed five thousand pesos. The Municipal Board may advertise and contract for the doing of the work required either as a whole or in part as if may deem most advantageous to the public interests.
Section 11. Except where this Act specifically provides otherwise, or is inconsistent with the general rules and regulations contained in section five of said Act Numbered Twenty-two, such rules and regulations shall control in the letting of contracts and the conduct of the works herein provided to be done, so far as the same are practicable.
Section 12. The chief engineer shall make to the Municipal Board detailed monthly reports of the progress of the work directed hereunder containing a statement of the expenditures made during the month, and the Municipal Board shall transmit said report to the Governor-General.
Section 13. After the contracts have been duly awarded in accordance herewith, the same shall be signed by the contractors and their sureties, on the one hand, and the Municipal Board by its president, on the other. The amounts necessary for the payments to the contractors under the said contracts shall he appropriated in current appropriation bills of the Philippine Commission, upon the estimate of the chief engineer, approved by the Municipal Board.
Section 14. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred.
Section 13. Sections one to six inclusive, of this Act shall take effect upon approval by the President of the United States. The remaining sections of this Act shall take effect as of April first, nineteen hundred and five.
Enacted, April 14, 1905.
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