2007 O - 37 - WITHDRAWING PORTIONS OF THE VOLUNTEERS PARK FROM PUBLIC USE AND DECLARING THEM AS PATRIMONIAL PROPERTY OF THE CITY

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON AUGUST 22, 2007 AT THE CITY HALL.

PRESENT:

Hon. Cynthia G. Cajudo - - - - - - - - - - - - - - - - - City Vice-Mayor & Presiding Officer Hon. Gina Gulanes-Perez - - - - - - - - - - - - - - - - City Councilor
Hon. John Carlos G. Delos Reyes- - - - - - - - - - - “ “
Hon. Rodel S. Cerezo - - - - - - - - - - - - - - - - - - - “ “
Hon. Marey Beth D. Marzan- - - - - - - - - - - - - - - “ “
Hon. Sarah Lugerna Lipumano-Garcia - - - - - - - - “ “
Hon. Edwin J. Piano- - - - - - - - - - - - - - - - - - - - - “ “
Hon. Angelito W. Baloy - - - - - - - - - - - - - - - - - - “ “
Hon. Aquilino Y. Cortez, Jr.- - - - - - - - - - - - - - - - “ “
Hon. Anselmo A. Aquino- - - - - - - - - - - - - - - - - - “ “
Hon. Elena C. Dabu- - - - - - - - - - - - - - - - - - - - - - “ “
Hon. Carlito A. Baloy- - - - - - - - - - - - - - - President, Liga ng mga Barangay
Hon. Robine Rose C. Buenafe- - - - - - - - - - - - - - - SK Federation President
ABSENT:

None.


WHEREAS, the Local Government Code states, “ A local government unit may, pursuant to an ordinance, permanently or temporarily close or open any local road, alley, park, or square falling within its jurisdiction…”

WHEREAS, a property thus permanently withdrawn from public use may be used or conveyed for any purpose for which other real property belonging to the local government unit concerned may be lawfully used or conveyed;

WHEREAS, the said property is idle and can be used to generate income for the general welfare of the public such as but not limited to programs for the development of parks and playgrounds and health;

NOW, THEREFORE, on joint motion of Councilors Marey Beth D. Marzan and Angelito Baloy, with the majority decision 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. 37
(Series of 2007)

AN ORDINANCE WITHDRAWING PORTIONS (AS DESCRIBED IN THE ATTACHED SITE DEVELOPMENT PLAN) OF THE VOLUNTEERS PARK FROM PUBLIC USE AND DECLARING THEM AS PATRIMONIAL PROPERTY OF THE CITY

SECTION 1. Coverage : This Ordinance shall cover portion identified as AREA 3 with measurement of 146.97 sq.m. and existing parking areas as described in the attached site development plan with a provision of walkway of 1.2 meters from the gutter. The technical description of the withdrawn property shall form part of this Ordinance.

SECTION 2. The withdrawn portion shall now be used by the City for any other purposes that are lawfully authorized, subject to the approval of the City Council.

SECTION 3. Public Safety : To ensure public safety and maintenance thereof, the Office of the City Mayor is hereby authorized to formulate policies and implementation thereof. The policy shall include but is not limited to the following:

1. The adequate facility for walkway shall not be lessened but may increase.
2. Obstacles of any kind are not allowed to the designated walkway and shall be removed at once.
3. Provision for the waste management shall be an integral part of all the activities that are to be undertaken in the said property.
SECTION 4. Repealing Clause – previous ordinances or resolution inconsistent with this ordinance are hereby repealed or amended.
SECTION 5. Separability Clause – If inconsistent parts or sections declared was invalid, while another part is valid. The valid portion, if separable from invalid shall stand and be enforced.
SECTION 6. Effectivity Clause - This ordinance shall take effect ten days upon posting to conspicuous places in the City.

APPROVED, August 22, 2007.


CYNTHIA G. CAJUDO
City Vice-Mayor & Presiding Officer


GINA GULANES - PEREZ JOHN CARLOS G. DELOS REYES
City Councilor City Councilor
(Against)


RODEL S. CEREZO MAREY BETH D. MARZAN
City Councilor City Councilor


SARAH LUGERNA LIPUMANO-GARCIA EDWIN J. PIANO
City Councilor City Councilor
(Against)


ANGELITO W. BALOY AQUILINO Y. CORTEZ, JR
City Councilor City Councilor






Con’t. of Ordinance No. 37, Series of 2007.

- 3 -


ANSELMO A. AQUINO ELENA C. DABU
City Councilor City Councilor
(Against)


CARLITO A. BALOY ROBINE ROSE C. BUENAFE
President, Liga ng mga Barangay 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