2005 Ord No. 52 - BENEFICIAL USERS FEE

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON
AUGUST 10, 2005, AT THE CITY HALL.

PRESENT:

Hon. Rolen C. Paulino - - - - - - - - - - - City Vice Mayor & Presiding Officer
Hon. Noel Y. Atienza - - - - - - - - - - - - - - - - - City Councilor
Hon. Cynthia G. Cajudo - - - - - - - - - - - - - - - - - - - “ “
Hon. Bella P. Asuncion - - - - - - - - - -- - - - - - - - - - “ “
Hon. Marey Beth D. Marzan - - - - - - - - - - - - - - - - “ “
Hon. Angelina B. Andrada - - - - - - - - - - - - - - - - - “ “
Hon. Brian Patrick H. Gordon - - - - - - - - - - - - - - - “ “
Hon. Anselmo A. Aquino - - - - - - - - - - - - - - - - - - “ “
Hon. Edwin J. Piano - - - - - - - - - - - - - - - - - - - - - - “ “
Hon. Gina G. Perez - - - - - - - - - - - - - - - - - - - - - - “ “
Hon. Napoleon F. Capistrano - President, Liga ng mga Barangay
Hon. Robine Rose C. Buenafe- SK Federation President

ABSENT:

NONE.

In the interest of public service and on motion of Councilor Cynthia g. Cajudo, with the unanimous accord of the Members of the Sangguniang Panlungsod present,

RESOLVED AS IT HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled, to enact the following Ordinance:


ORDINANCE NO. 52
(Series of 2005)

AN ORDINANCE IMPOSING ANNUAL BENEFICIAL USE FEES FOR THE PMD AREAS 1375, 1378 – A AND 137 – B, BARANGAYS BARRETTO, KALAKLAN AND ON LOTS ALONG SUBIC BAY AND SALVAGE ZONES

BE IT ORDAINED BY THE SANGGUNIANG PANLUNGSOD IN SESSION ASSEMBLED, THAT:

SECTION 1. The City Planning and Development Office and the City Assessor’s Office are hereby authorized to survey all buildings situated in lots which have not yet been declared as alienable and disposable particularly at Old and New Cabalan covered by PMD 1375, 1387 – A and 1387 – B, Barangays Barretto, Kalaklan and on lots along Subic Bay and Salvage Zones where construction of two story structures and above are not allowed.

SECTION 2. To regulate and control illegal construction in the said areas, an imposition of Annual Beneficial USE FEES shall be applied to all the above listed properties pending reclassification of these lots to ALIENABLE AND DISPOSABLE category.

SECTION 3. The imposition of this Annual Beneficial Use Fee is based on the General Welfare Clause (Section 16) and Beneficial USE theory (Section 205 (d)) of the Local Government Code. The following is hereby set as Beneficial USERS” FEES based on the identification of the City Planning Office and Assessment of the City Assessor’s Office to be collected by the City Treasurer’s Office: (Shall be the same as the schedule of base unit values per square meter for lands and market values fro improvements per square meter floor area.

BENEFICIAL USER FEES OR TAX (PhP) PER SQUARE METER Shall be the same as schedule of base units values per square meter for lands and the Market values for improvements per square meter floor area.


SECTION 4.The collection of these FEES may be payable in quarterly installments and is subjected to penalties same as to the collection of regular real property tax.

SECTION 5. This ordinance shall take effect subject to the conduct of a public hearing to concerned beneficial users held by the city.
.

APPROVED UNANIMOUSLY, August 10, 2005.



ROLEN C. PAULINO
City Vice-Mayor & Presiding Officer

NOEL Y. ATIENZA CYNTHIA G. CAJUDO
City Councilor City Councilor


BELLA P. ASUNCION MAREY BETH D. MARZAN
City Councilor City Councilor


ANGELINA B. ANDRADA BRIAN PATRICK H. GORDON
City Councilor City Councilor
(Absent)


ANSELMO A. AQUINO EDWIN J. PIANO
City Councilor City Councilor


GINA G. PEREZ NAPOLEON F. CAPISTRANO
City Councilor President, Liga ng mga Barangay



ROBINE ROSE C. BUENAFE
SK Federation President



ATTEST:

ELFLIDA S. SALMON
City Council Secretary


APPROVED BY HIS HONOR, THE CITY MAYOR ON October 7, 2005.



JAMES GORDON, JR.
City Mayor

ATTEST:

DELFIN A. JUICO, JR.
Secretary to the City Mayor

2005 Res No. 133

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON OCTOBER 5, 2005, AT THE CITY HALL.

PRESENT:

Hon. Rolen C. Paulino - - - - - - - - - - - - - - City Vice Mayor & Presiding Officer
Hon. Noel Y. Atienza- - - - - - - - - - - - - - - City Councilor
Hon. Cynthia G. Cajudo - - - - - - - - - - - - - “ “
Hon. Marey Beth D. Marzan- - - - - - - - - - - “ “
Hon. Angelina B. Andrada - - - - - - - - - - - - “ “
Hon. Brian Patrick H. Gordon - - - - - - - - - - “ “
Hon. Anselmo A. Aquino - - - - - - - - - - - - - “ “
Hon. Edwin J. Piano- - - - - - - - - - - - - - - - - “ “
Hon. Gina G. Perez - - - - - - - - - - - - - - - - - “ “
Hon. Robine Rose C. Buenafe - - - - - - - - - - SK Federation President

ABSENT:

Hon. Bella P. Asuncion - - - - - - - - - - - - - - City Councilor (On Official Business)
Hon. Napoleon F. Capistrano- - - - - - - - - - - President, Liga ng mga Barangay


RESOLUTION NO. 133
(Series of 2005)

A RESOLUTION REQUESTING MR. LUCIO TAN TO FACILITATE THE DONATION TO THE CITY OF OLONGAPO OF A PARCEL OF LAND LOCATED IN STA. RITA,OLONGAPO CITY FORECLOSED BY THE PHILIPPINE NATIONAL BANK AND AUTHORIZING THE CITY MAYOR, HON. JAMES GORDON JR., TO NEGOTIATE, ENTER AND SIGN A DEED OF DONATION ON BEHALF OF THE CITY OF OLONGAPO IN RELATION THERETO


WHEREAS, Article II, Section 17 of the 1987 Constitution mandates, to wit: “The state shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development”.

WHEREAS, pursuant to Section 23 of Republic 7160, otherwise known as “The Local Government Code of 1991” partly provides that “Local Chief Executive may, upon authority of the Sanggunian, negotiate and secure financial grants or donations in kind, in support of the basic services or facilities enumerated under Section 17 hereof”;

WHEREAS, the City of Olongapo sincerely and humbly requests Mr. Lucio Tan, a man known for his probity, integrity and generosity to facilitate the donation of a parcel of lot which contains an area of 11, 003 sq. m. on which stands the Sta. Rita High School, constructed by the City Government of Olongapo at a project cost of P6,551,856.65 which was foreclosed by PNB.


Con’t. of Resolution No. 133, Series of 2005.


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WHEREAS, the said lot was donated by Jorge Escalona to the City Government of Olongapo after having negotiated for the redemption of the property being foreclosed by the PNB on the strength of an Agreement made and executed between him and the owner Sps. Jose and Patricia Resuello.

WHEREAS, the city institutes comprehensive measures in addressing the various needs of the populace;

WHEREAS, pursuant to its consistent objective for the improvement of Education System in the city, vital infrastructure, developments as well as renovation and repair of school buildings highly complements its educational endeavors;

WHEREAS, it is deemed best to authorize the City Mayor to negotiate, sign and enter a Deed of Donation with the owner of PNB Mr. Lucio Tan over the said lot in consonance to his capacity to perform his duties and functions pursuant to its functions enumerated in Sec. 455 of RA 7160 which partly provides “the City Mayor shall ensure the delivery of basic services and provision of adequate facilities as provided for under Section 17 of the said law”;


NOW, THEREFORE, on motion of Councilor Cynthia G. Cajudo, with the unanimous accord of the Members of the Sanggunian Panlungsod in session assembled present,

RESOLVED, AS IT HEREBY RESOLVED, by the Sangguniang Panglungsod, in session assembled, to request, as it hereby requests Mr. Lucio Tan to Facilitate the Donation to the City of Olongapo of a Parcel of Land Located in Sta. Rita, Olongapo City where Sta. Rita High School building stands which was foreclosed by the Philippine National Bank.

RESOLVED FURTHER, AS IT IS HEREBY FURTHER RESOLVED, to authorize, as it hereby authorizes the City Mayor, Hon. James Gordon Jr., to Negotiate, Enter and Sign a Deed of Donation of Behalf of the City of Olongapo in relation thereto.


APPROVED UNANIMOUSLY, October 5, 2005.



ROLEN C. PAULINO
City Vice Mayor & Presiding Officer





Con’t. of Resolution No. 133, Series of 2005.


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NOEL Y. ATIENZA CYNTHIA G. CAJUDO
City Councilor City Councilor


BELLA P. ASUNCION MAREY BETH D. MARZAN
City Councilor City Councilor
(On Official Business)


ANGELINA B. ANDRADA BRIAN PATRICK H. GORDON
City Councilor City Councilor

ANSELMO A. AQUINO EDWIN J. PIANO
City Councilor City Councilor


GINA G. PEREZ NAPOLEON F. CAPISTRANO
City Councilor President, Liga ng mga Barangay
(Absent)


ROBINE ROSE C. BUENAFE
SK Federation President


ATTEST:



ELFLIDA S. SALMON
Council Secretary


APPROVED BY HIS HONOR, THE CITY MAYOR ON______________________.



JAMES GORDON, JR.
City Mayor

ATTEST:


DELFIN A. JUICO, JR.
Secretary to the City Mayor

2005 Res No. 132

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON OCTOBER 5, 2005, AT THE CITY HALL.

PRESENT:

Hon. Rolen C. Paulino - - - - - - - - - - - - - - City Vice Mayor & Presiding Officer
Hon. Noel Y. Atienza- - - - - - - - - - - - - - - City Councilor
Hon. Cynthia G. Cajudo - - - - - - - - - - - - - “ “
Hon. Marey Beth D. Marzan- - - - - - - - - - - “ “
Hon. Angelina B. Andrada - - - - - - - - - - - - “ “
Hon. Brian Patrick H. Gordon - - - - - - - - - - “ “
Hon. Anselmo A. Aquino - - - - - - - - - - - - - “ “
Hon. Edwin J. Piano- - - - - - - - - - - - - - - - - “ “
Hon. Gina G. Perez - - - - - - - - - - - - - - - - - “ “
Hon. Robine Rose C. Buenafe - - - - - - - - - - SK Federation President

ABSENT:

Hon. Bella P. Asuncion - - - - - - - - - - - - - - City Councilor (On Official Business)
Hon. Napoleon F. Capistrano- - - - - - - - - - - President, Liga ng mga Barangay


RESOLUTION NO. 132
(Series of 2005)

A RESOLUTION AUTHORIZING THE CITY MAYOR, HONORABLE JAMES GORDON, JR. TO ENTER INTO A LEASE AGREEMENT FOR THE EMERGENCY LEASE OF GARBAGE TRUCKS AND BULLDOZER FOR A PERIOD OF TWO (2) MONTHS


WHEREAS, due to regular wear and tear of operations, the City’s garbage trucks had been repeatedly undergoing breakdowns. This caused serious delay in the garbage collection and disposal operation under the Environmental and Sanitation Management Office;

WHEREAS, this alarming situation of the City’s garbage and sanitation program needs to be addressed immediately as it impacts on the health and well being of residents;

WHEREAS, it is indeed necessary that an agreement for the emergency lease of garbage trucks and bulldozer for a period of two (2) months be entered into, while the City awaits for the purchase of new garbage trucks;

NOW, THEREFORE, on motion of Councilor Cynthia G. Cajudo, with the unanimous accord of the Members of the Sangguniang Panlungsod present,

RESOLVED, AS IT IS HEREBY RESOLVED, by the Members of the Sangguniang Panlungsod in session assembled to authorize, as it hereby authorizes the City Mayor, Honorable James Gordon, Jr. to enter into a lease agreement for the emergency lease of garbage trucks and bulldozer for a period of two (2) months.



Con’t. of Resolution No. 132, Series of 2005.

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APPROVED UNANIMOUSLY, October 5, 2005.


ROLEN C. PAULINO
City Vice Mayor & Presiding Officer


NOEL Y. ATIENZA CYNTHIA G. CAJUDO
City Councilor City Councilor


BELLA P. ASUNCION MAREY BETH D. MARZAN
City Councilor City Councilor
(On Official Business)

ANGELINA B. ANDRADA BRIAN PATRICK H. GORDON
City Councilor City Councilor

ANSELMO A. AQUINO EDWIN J. PIANO
City Councilor City Councilor


GINA G. PEREZ NAPOLEON F. CAPISTRANO
City Councilor President, Liga ng mga Barangay
(Absent)


ROBINE ROSE C. BUENAFE
SK Federation President


ATTEST:

ELFLIDA S. SALMON
Council Secretary



APPROVED BY HIS HONOR, THE CITY MAYOR ON______________________.


JAMES GORDON, JR.
City Mayor

ATTEST:
DELFIN A. JUICO, JR.
Secretary to the City Mayor

2005 Ord No. 69

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON OCTOBER 05, 2005, AT THE CITY HALL.

PRESENT:

Hon. Rolen C. Paulino- - - - - - - - - - - - - - - City Vice Mayor & Presiding Officer
Hon. Noel Y. Atienza - - - - - - - - - - - - - - - City Councilor
Hon. Cynthia G. Cajudo - - - - - - - - - - - - - “ “
Hon. Marey Beth D. Marzan - - - - - - - - - - “ “
Hon. Angelina B. Andrada- - - - - - - - - - - - “ “
Hon. Brian Patrick H. Gordon- - - - - - - - - - “ “
Hon. Anselmo A. Aquino- - - - - - - - - - - - - “ “
Hon. Edwin J. Piano - - - - - - - - - - - - - - - - “ “
Hon. Gina G. Perez - - - - - - - - - - - - - - - - - “ “
Hon. Robine Rose C. Buenafe- - - - - - - - - - SK Federation President

ABSENT:

Hon. Bella P. Asuncion - - - - - - - - - - - - - - City Councilor
(On Official Business)
Hon. Napoleon F. Capistrano- - - - - - - - - - - President, Liga ng mga Barangay


In the interest of public service and on motion of Councilor Cynthia G. Cajudo, with the unanimous accord of the Members of the Sangguniang Panlungsod present,

RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled, to enact the following Ordinance:

ORDINANCE NO. 69
(Series of 2005)

AN ORDINANCE AMENDING ORDINANCE NO. 95, SERIES OF 2002

BE IT ORDAINCED, BY THE SANGGUNIANG PANLUNGSOD IN SESSION ASSEMBLED, THAT:

SECTION 1.

a. It is unlawful for any individual/person to adopt the required body colors of a legitimate public utility vehicle for a privately owned vehicle/tricycle;

b. All privately owned vehicles even not using the same color as in Section 1 of this Ordinance used for public utility without acquiring a franchise is considered a colorum vehicle. These vehicles are also subject to the penalties hereunder set forth.




Con’t. of Ordinance No. 69, Series of 2005.

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SECTION 2. Section 3 of Ordinance No. 95, Series of 2002 is hereby amended as follows:

Penalties prescribed to read as follows:

1st Offense - PhP1,500.00
2nd Offense - 3,000.00
3rd Offense - 5,000.00 and impounding for thirty (30) days and succeeding offense thereafter double days up to ninety (90) days.

SECTION 3. Side cars accumulated due to this Ordinance shall be subject for public auction by the City Treasurer and with the General Services Office. Proceeds shall accrue to the General Fund of the City on Special Account for Traffic Management.

SECTION 4. This Ordinance shall take effect upon approval.

APPROVED UNANIMOUSLY, October 05, 2005.


ROLEN C. PAULINO
City Vice Mayor & Presiding Officer



NOEL Y. ATIENZA CYNTHIA G. CAJUDO
City Councilor City Councilor


BELLA P. ASUNCION MAREY BETH D. MARZAN
City Councilor City Councilor
(On Official Business)


ANGELINA B. ANDRADA BRIAN PATRICK H. GORDON
City Councilor City Councilor


ANSELMO A. AQUINO EDWIN J. PIANO
City Councilor City Councilor


GINA G. PEREZ NAPOLEON F. CAPISTRANO
City Councilor President, Liga ng mga Barangay
(Absent)


ROBINE ROSE C. BUENAFE
SK Federation President
Con’t. of Ordinance No. 69, Series of 2005.

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ATTEST:

ELFLIDA S. SALMON
Council Secretary


APPROVED BY HIS HONOR, THE CITY MAYOR ON______________________.



JAMES GORDON, JR.
City Mayor

ATTEST:

DELFIN A. JUICO, JR.
Secretary to the City Mayor

2005 Ord No. 68

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON OCTOBER 05, 2005, AT THE CITY HALL.

PRESENT:

Hon. Rolen C. Paulino- - - - - - - - - - - - - - - City Vice Mayor & Presiding Officer
Hon. Noel Y. Atienza - - - - - - - - - - - - - - - City Councilor
Hon. Cynthia G. Cajudo - - - - - - - - - - - - - “ “
Hon. Marey Beth D. Marzan - - - - - - - - - - “ “
Hon. Angelina B. Andrada- - - - - - - - - - - - “ “
Hon. Brian Patrick H. Gordon- - - - - - - - - - “ “
Hon. Anselmo A. Aquino- - - - - - - - - - - - - “ “
Hon. Edwin J. Piano - - - - - - - - - - - - - - - - “ “
Hon. Gina G. Perez - - - - - - - - - - - - - - - - - “ “
Hon. Robine Rose C. Buenafe- - - - - - - - - - SK Federation President

ABSENT:

Hon. Bella P. Asuncion - - - - - - - - - - - - - - City Councilor
(On Official Business)
Hon. Napoleon F. Capistrano- - - - - - - - - - - President, Liga ng mga Barangay


WHEREAS, Olongapo City is rich in natural resources, luxurious landscapes and even world-class coastlines;

WHEREAS, despite the colossal industrialization of the City and its booming economy, the people of Olongapo nonetheless value the importance of preserving the natural resources;

WHEREAS, creating and maintaining a horticulture garden is a good method of preserving our natural resources, and is also an added attraction to the City’s tourism industry;

WHEREAS, an idle land located in Barangay Old Cabalan can be rehabilitated and improved into Olongapo’s own botanical garden that shall be called, “Olongapo Horticulture Garden;”

NOW, THEREFORE, on motion of Councilor Gina Gulanes-Perez, with the unanimous accord of the Members of the Sangguniang Panlungsod present;

RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled to enact the following Ordinance:

ORDINANCE NO. 68
(Series of 2005)

AN ORDINANCE creating olongapo horticulture garden
in forestry, old cabalan



Con’t. of Ordinance No. 68, Series of 2005

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BE IT ORDAINED, BY THE SANGGUNIANG PANLUNGSOD IN SESSION ASSEMBLED, THAT:

SECTION 1. The Olongapo Horticulture Garden will be located in Forestry, Barangay Cabalan.

SECTION 2. The aims of this Horticulture Garden are the following:

(a) Aesthetic Purposes- this shall provide attraction not only to the people of the City but moreover to the tourism industry as a whole.

(b) Economic Purposes- This shall in the near future benefit the people of Olongapo City, specifically the people of Barangay Old Cabalan. Vegetables in season for harvest will be available for picking and selling based on per piece or per kilo pricing. The fund generated from this project shall be allocated to the allowances of the people who are taking care of the garden.

SECTION 3. In this garden, the following seedlings shall be planted into three classifications:

(a) 1st classification- Vegetable plants
(b) 2nd classification- Flowering plants
(c) 3rd classification- Herbal plants


SECTION 4. The City shall coordinate with the Department of Education the assignment of the classifications provided in the preceding section to various groups. Students from the secondary and tertiary levels shall be responsible in planting and taking care of the plants assigned to them.

(a) 1st classification- Elementary Students
(c) 2nd Classification- High School Students
(d) 3rd Classification- College Students

SECTION 5. . The Office of the City mayor shall create a Task Force to fully supervise the Horticulture Garden, in coordination with the City’s Environment and Natural Resources Office, NGO’s and City’s Department of Education to be in-charge of the protection and maintenance of the said park.

SECTION 6. There will be a minimal financial requirement for the Horticulture Garden. Plants and seedlings to be used in the garden may be accumulated from the student volunteers. Net receipts shall be allocated as follows, 70% for the city’s tourism and beautification projects, while 30% will be for the Barangay concerned.

SECTION 7. The Tourism Department, Beautification Office, Environment and Natural Resources Office and the Offices of Barangays in Olongapo shall ensure the proper adequate information dissemination regarding the Horticulture Garden.
Con’t. of Ordinance No. 68, Series of 2005

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SECTION 8. The Memorandum of Agreement between the DENR and Mayor of Olongapo City addressed to the Regional Executive Director of DENR Regional Office dated January 23, 2004 shall become an integral part of this ordinance.

SECTION 9. Effectivity. This ordinance shall take effect upon its approval.

APPROVED UNANIMOUSLY, October 05, 2005.


ROLEN C. PAULINO
City Vice Mayor & Presiding Officer


NOEL Y. ATIENZA CYNTHIA G. CAJUDO
City Councilor City Councilor


BELLA P. ASUNCION MAREY BETH D. MARZAN
City Councilor City Councilor
(On Official Business)


ANGELINA B. ANDRADA BRIAN PATRICK H. GORDON
City Councilor City Councilor


ANSELMO A. AQUINO EDWIN J. PIANO
City Councilor City Councilor


GINA G. PEREZ NAPOLEON F. CAPISTRANO
City Councilor President, Liga ng mga Barangay
(Absent)

ROBINE ROSE C. BUENAFE
SK Federation President

ATTEST:
ELFLIDA S. SALMON
Council Secretary

APPROVED BY HIS HONOR, THE CITY MAYOR ON______________________.


JAMES GORDON, JR.
City Mayor

ATTEST:
DELFIN A. JUICO, JR.
Secretary to the City Mayor