GENERAL LAW OF PUBLIC WORKS FOR THE ISLAND OF PORTO RICO. GENERAL GOVERNMENT OF THE ISLAND OF PORTO RICO, OFFICE OF THE SECRETARY, Bureau of Public Works, Civil Construction, Forests and Mines. The following Royal Order, No. 233, dated May 21 last, is sent to this General Government by the Colonial Department: YOUR EXCELLENCY: Under this date, His Majesty the King (whom God preserve), has been pleased to issue the following Royal Decree: "ARTICLE 1. In Porto Rico there shall govern a General Law of Public Works similar to that decreed for the Peninsula on the 13th of April, 1877. "ARTICLE 2. The Colonial Secretary shall draft the regulations for the execution of this law and shall report this decree to the Cortes." Which is sent to Your Excellency by Royal Order, accompanied by the law approved by said Royal Decree. And in compliance with the superior order of Your Excellency, dated the 13th of the present month, it is published, together with said law, for general knowledge. Porto Rico, June 22, 1881. FRANCISCO FONTANALS Y MARTINEZ, Secretary of the General Government. CHAPTER I.-CLASSIFICATION OF THE WORKS. ARTICLE 1. Public works, for the purposes of this law, shall be understood to be those which are of general use or service, and such constructions as are devoted to the service and are in charge of the State, of the Provinces, and of the towns. In the first group are included roads-ordinary as well as railroads-ports, light-houses, great irrigation canals, navigation canals, and the works necessary to the disposition, use, and police of waters, the retention of rivers within their beds, draining of lakes and marshes, and sanitation of lands. And the second group shall include public buildings devoted to service depending on the Colonial Department. ART. 2. The examination and approval of the projects, supervision of the construction and preservation of the public works, their police and use, shall always be dependent on the Administration, in whichsoever of its central powers, and on the provincial and municipal Administrations. ART. 3. Public works, both in relation to their plans and their construction, operation, and preservation, may be charged to the State, to the Province, to Municipalities, or to individuals or companies. ART. 4. There are in charge of the State: First. The highroads which are included in the general plan of those which have to be taken care of with general funds. Second. The work of retaining within their beds and making navigable the principal rivers. Third. Ports of commerce of general interest, as well as those of refuge, and military ports. Fourth. Light-houses and buoys. Fifth. The drainage of great marshes, lakes, and inlets belonging to the State. Sixth. The construction, preservation, and operation of those railroads of great national interest which, because of high considerations of government, shall not be turned over to individuals or companies. Seventh. All other railroads of general interest, in so far as concerns the concession, examination and approval of plans, and superintendence, in order to see that they are constructed and operated in the safest and most proper manner. Eighth. The construction and preservation of civil buildings necessary to the service of the Administration. (Article 1 of the Regulations.) ART. 5. There are in charge of the Province: First. The roads included in the plan of those which have to be attended to with provincial funds. Second. The ports within its territory, which, not being included in the third paragraph of Article 4, offer greater advantages than those of a given locality. Third. The sanitation of lakes, marshes, and inundated lands in which the Province is interested, and which are not included in the fifth paragraph of said Article 4. Fourth. The construction and preservation of the buildings necessary for the service of the Provincial Administration. (Article 56 of the Regulations.) ART. 6. There are in charge of the Municipalities: First. The construction and preservation of local roads included in the plan of those which have to be taken care of with municipal funds. Second. The works for supplying water to towns. Third. The drainage of lakes and unhealthy lands which are not included in the fifth paragraph of Article 4, nor in the third paragraph of Article 5, and which affect one or more towns. Fourth. Ports of merely local interest. Fifth. The construction and preservation of the buildings necessary for the service of the municipal Administration. The works necessary to make the streets, squares, and boulevards of the towns thoroughfares. (Articles 90 and 91 of the Regulations.) ART. 7. The following may be in charge of individuals or companies, in accordance with the general provisions of this law and the special provisions for each class of works: First. Highroads and railroads in general. Second. Ports. Third. Irrigation and navigation canals. Fourth. Drainage of lakes and marshes. Fifth. Sanitation of unhealthy lands. Sixth. Water supply of towns. CHAPTER II.-ADMINISTRATION AND ECONOMIC MANAGEMENT OF PUBLIC WORKS. ART. 8. The following shall be in charge of the Colonial Secretary: First. All that refers to the plans, construction, preservation, repair, and police of the highroads in charge of the State. Second. All that concerns the method and form of the constitution of partnerships or companies which may demand concessions of railroads of general interest, the granting of these concessions and privileges corresponding thereto, the examination and approval of the plans, and the service for the inspection which the State shall exercise in the construction, preservation, operation, and police of said railroads. Third. All that refers to the construction and operation of those railroads of great public interest which, according to paragraph 6 of Article 4, are declared by special laws to be in charge of the State. Fourth. Irrigation and navigation canals which may also be in charge of the State, in whatever relates to the drafting of plans, to works of construction, preservation, and improvement, and, finally, to the technical part of the distribution of the water and the policing of the navigation. Fifth. The management and police of public waters, of rivers, torrents, lakes, streams, canals of artificial currents; the works relative. to navigation, river navigation, to the defenses of the border of the rivers and lowlands exposed to be swept away or inundated; the draining of public waters, sanitation of marshy lands, and, finally, the technical policing of inland navigation. Sixth. The works of construction, preservation, and repair of the ports in charge of the State, and the technical policing of the same. Seventh. The light-houses and all classes of maritime signals and buoys on the coast. Eighth. Everything in connection with the construction, building of additions, improvement, and preservation of the civil buildings devoted to services dependent upon the Colonial Department, and with those constructions which have the character of artistic and historic monuments. Ninth. The inspection of public works which are in charge of the Province or the Municipalities. (Articles 78, 89, 101, and 120 of the Regulations.) ART. 9. The Secretary of War shall have charge of everything in connection with the public buildings devoted to the service depending on said Department. ART. 10. The Provincial Administration, according to the Organic Law, shall have charge of First. The highways which, according to this Law, are in charge of the Province, as well as those which have to be provided for wholly with provincial funds in matters relative to the studies, construction, preservation, repair, and policing of said highroads. Second. Navigation and irrigation canals declared to be exclusively of provincial interest, the technical part of the distribution of the water and of the policing of the navigation. Third. The sanitation of lakes and marshy lands declared of exclusive interest to the Province. Fourth. The construction and improvement of the buildings having a provincial character devoted to public service, and the preservation of historic and artistic monuments. (Article 56 of the Regulations.) ART. 11. The Municipal Administration shall, in accordance with the Organic Laws, have charge of First. The construction, repair, and preservation of local roads paid for by Municipal Councils, or which should be in charge of them, according to the provisions of this Law. Second. The water supply of towns, in so far as the construction of the works or the concession of the same to private enterprises is concerned. Third. The drainage of lakes or unhealthy lands which are declared of purely local interest. Fourth. The construction and preservation of ports of local interest. Fifth. The construction and improvement of buildings devoted to the public service, and the preservation of historic and artistic monuments. (Article 91 of the Regulations.) ART. 12. The public works which have to be paid for with funds of the State shall be executed subject to the credits voted in the general budgets or in special laws. ART. 13. In all the annual or general budgets of the State there must appear exactly the amounts necessary for the preservation of actually existing public works, which are in charge of the Colonial Department, as well as those which the economic resources will permit, for carrying on those already commenced and for undertaking other new ones. ART. 14. No amount whatever can be expended in public works of the State in this Island, under the Colonial Department, except in accordance with a project duly approved, according to the provisions of the present law. ART. 15. In the annual budgets of the Province there must be included exactly the amounts which may be necessary for the preservation of such actually existing works, as are in charge of the Province, as well as whatever the resources of the said Province may permit for the prosecution of those already begun, and for the undertaking of other new ones. (Article 64 of the Regulations.) ART. 16. No other provincial public work can be undertaken except in accordance with a project previously approved by the Deputation, after report of the Chief Engineer of the Province. (Articles 58, 59, and 120 of the Regulations.) ART. 17. In the municipal budgets there shall appear precisely the amounts necessary for the preservation of public works, which are in charge of Municipal Councils, as well as what the resources of the Municipality may permit for the prosecution of those already commenced and for the undertaking of other new ones. (Article 99 of the Regulations.) ART. 18. No other municipal public work can be undertaken without a project previously approved by the Governor of the Province, after hearing the Chief Engineer of the same. (Article 93 of the Regulations.) ART. 19. In the execution of all public works there must be observed, in so far as the investment of general provincial or municipal funds is concerned, the rules established in the Law of Accounting and in the organic laws of the Deputation and the Municipal Councils of this Island, as well as in the provisions of the Royal Decree of the 27th of February, 1852, in force for contracting public works, when they are to be executed by contract. CHAPTER III.-WORKS PAID FOR BY THE STATE. ART. 20. The Colonial Department shall, at the proper time, formulate the general plan of public works which have to be paid for by the State, presenting the respective drafts of the law in which these are determined and classified, in their order of preference, to the Cortes. (Article 2 of the Regulations.) ART. 21. The Government can not undertake any public work for which there has not been provision made in the budgets, assigning the proper credit. In any other case, in order to undertake a work, it shall be necessary for the Government to be authorized to do so by a special law. From this requisite are excepted works of mere repair, as well as those of new construction which shall be declared of admitted urgency by the Colonial Department or its delegates, after report of the Consulting Board of Roads, Canals, and Ports, and of the full Council of State. (Articles 9, 10, 11, and 12 of the Regulations.) The Colonial Secretary shall himself make use of the privilege to declare a work of admitted urgency which this article confers on him, when its value exceeds two thousand pesos. If the amount should be less, the Governor-General may authorize its execution, after report of the Chief Engineer of the Province and of the Administrative Council which hears disputes, immediately reporting it to the Government. ART. 22. No amounts whatsoever shall be included in the general budgets of the State for public works which are not included in the plans referred to in Article 20, unless the Government has been authorized to do so by a special law. In any case, in order to include the value of a work in the general budget, it shall be necessary that there be a previous study made and that the project receive the proper approval. Concerning works of preservation and repair, it shall be sufficient that the general credit for this purpose be included in the budgets of the State existing at the time in which these works are to be executed. (Article 13 of the Regulations.) ART. 23. With the legislative credits, the Government may order the study of public works, the execution of which it deems convenient, in compliance with the provisions of the two preceding articles. (Articles 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 of the Regulations.) ART. 24. The Government may impose assessments and taxes for the use of works which are building with general funds, without prejudice to the rights which may have been acquired, and making report thereof to the Cortes. ART. 25. The Government may construct the works in charge of the State by management or by contract. The first method shall be ap |