eLegis Sangguniang Panlungsod ng Olongapo

24 January 2007

2007 Res. No. 14 - APPROVING OPENING TRUST FUND ACCOUNT WITH DBP

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON
JANUARY 24, 2007 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. John Carlos G. delos Reyes- - - - - - - - “ “
Hon. Bella P. Asuncion - - - - - - - - - - - - - - “ “
Hon. Angelina B. Andrada - - - - - - - - - - - - “ “
Hon. Anselmo A. Aquino - - - - - - - - - - - - - “ “
Hon. Edwin J. Piano- - - - - - - - - - - - - - - - - “ “
Hon. Gina G. Perez - - - - - - - - - - - - - - - - - “ “
Hon. Carlito A. Baloy - - - - - - - - - - - - - - - President, Liga ng mga Barangay
Hon. Robine Rose C. Buenafe- - - - - - - - - - SK Federation President

ABSENT:

Hon. Marey Beth D. Marzan- - - - - - - - - - - City Councilor
Hon. Brian Patrick H. Gordon - - - - - - - - - - “ “ (On Leave)


RESOLUTION NO. 14
(Series of 2007)

A RESOLUTION APPROVING THE OPENING OF THE TRUST FUND ACCOUNT WITH THE DEVELOPMENT BANK OF THE PHILIPPINES (DBP) SUBIC BAY BRANCH WITH ACCOUNT NAME “OLONGAPO CITY – ISF GRANT FUNDS (ISF-PIONEER LGU)” FOR ISF FINANCIAL ASSISTANCE TO THE CITY OF OLONGAPO ON THE IMPLEMENTATION OF LAND ADMINISTRATION AND MANAGEMENT PROJECT 2(LAMP2)

WHEREAS, the City Council passed Resolution No. 189, Series of 2006, endorsing the City’s application for a grant with Innovation Support Fund (ISF) under the Land Administration and Management Project Phase 2 (LAMP2) funded by the Australian Agency for International Development (AusAID) signifying the City’s commitment for partnership;

WHEREAS, the ISF under the Land Administration and Management Project is a development cooperation and partnership facility that is envisioned to support and guide local government unit (LGU) projects on Land Administration and Management (LAM);

WHEREAS, as part of the General Conditions of the Grant Agreement entered into by the City Government and the ISF Grant facility, the opening of a Trust Fund Bank Account with the Development Bank of the Philippines (DBP) is deemed necessary where the said fund coming from the ISF will be deposited;

WHEREAS, Mr. Fernando M. Magrata, Acting City Administrator, Mr. Marcelino D. Andawi, City Treasurer and Architect Tony-Kar M. Balde III, Project Leader are authorized to sign all documents pertaining to the opening of a Trust Fund Account with DBP;

NOW, THEREFORE, on motion of Councilor Edwin J. Piano, with the unanimous accord of the Members of the Sangguniang Panlungsod present,



Con’t.of Resolution No. 14, Series of 2007.

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RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled to approved, as it hereby approves the opening of the Trust Fund Account with the Development Bank of the Philippines (DBP) Subic Bay Branch with account name “Olongapo City – ISF Grant Funds (ISF-Pioneer LGU)” for ISF financial assistance to the City of Olongapo on the implementation of Land Administration and Management Project 2 (LAMP2)

APPROVED UNANIMOUSLY, January 24, 2007.


ROLEN C. PAULINO
City Vice Mayor & Presiding Officer


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


JOHN CARLOS G. DELOS REYES BELLA P. ASUNCION
City Councilor City Councilor


MAREY BETH D. MARZAN ANGELINA B. ANDRADA
City Councilor City Councilor
(Absent)


BRIAN PATRICK H. GORDON ANSELMO A. AQUINO
City Councilor City Councilor
(On Leave)

EDWIN J. PIANO GINA G. PEREZ
City Councilor City Councilor


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

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2007 O-04 - PENALIZING UNAUTHORIZED CONNECTION TO TELECOMMUNICATIONS, INTERNET AND CABLE TV

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON JANUARY 24, 2007 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. John Carlos G. delos Reyes- - - - - - - - “ “
Hon. Bella P. Asuncion - - - - - - - - - - - - - - “ “
Hon. Angelina B. Andrada - - - - - - - - - - - - “ “
Hon. Anselmo A. Aquino - - - - - - - - - - - - - “ “
Hon. Edwin J. Piano- - - - - - - - - - - - - - - - - “ “
Hon. Gina G. Perez - - - - - - - - - - - - - - - - - “ “
Hon. Carlito A. Baloy - - - - - - - - - - - - - - - President, Liga ng mga Barangay
Hon. Robine Rose C. Buenafe- - - - - - - - - - SK Federation President

ABSENT:

Hon. Marey Beth D. Marzan- - - - - - - - - - - City Councilor
Hon. Brian Patrick H. Gordon - - - - - - - - - - “ “ (On Leave)


WHEREAS, it has been noted that certain acts of vandalism are being committed, causing damage to cable TV and telecommunication/internet equipment resulting in dissatisfaction among subscribers;

WHEREAS, tolerance to such activities including unauthorized connections to telecommunication/internet and cable TV has adverse effect on the socio-economic situation of the city thus, there is a need to enact an ordinance penalizing such acts to address this problem and to serve as deterrent to would-be offenders;

WHEREAS, the general welfare provision clause of the Local Government Code (Sec. 458) is more than enough to clothe the City Government with authority to enact this Ordinance;

NOW,THEREFORE, upon the unanimous accord of Members of Sangguniang Panlungsod present;

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


ORDINANCE NO. 04
(Series of 2007)

AN ORDINANCE PENALIZING THE UNAUTHORIZED CONNECTION TO TELECOMMUNICATIONS, INTERNET AND CABLE TV, INCLUDING VANDALIZING ANY EQUIPMENT OF THE AFOREMENTIONED
SERVICE PROVIDERS

SECTION 1. DEFINITION OF TERMS

a) TELECOMMUNICATION LINE – shall mean to be any kind of wire or cable used in transmitting telecommunication power or audio/video signals.

b) TELECOMMUNICATION OR TELECOM SERVICE PROVIDER - shall mean in this Ordinance to be a corporation, juridical person or any business, organization, duly licensed by the National Telecommunications Commission and is recognized to be of good standing by the City Government of Olongapo to operate and to provide cable television, telecommunication and internet services.

c) SUBSCRIBER – in this Ordinance shall mean a person who availed of the services of a cable TV, information/internet or other telecommunication service provider in exchange for a service fee.

d) ACCESS DEVICE, CONNECTION, and DEVICE – means an access device, connection, or device wholly or partly designed to make intelligible an encrypted, encoded, scrambled, or other nonstandard signal carried by CATV, telecom and internet service provider such as adbox and modem.

e) CATV – acronym for cable TV, derived from the older term, community antenna television. A distribution system which distributes television broadcast programs, original programs, premium programming and other services using a network of coaxial or fiber optic cables.

f) MULTI-CHANNEL SYSTEM – in this Ordinance shall be used interchangeably with CATV or cable TV.

g) COAXIAL CABLE – The standard cable consisting of a central inner conductor and a cylindrical outer conductor used for many video connections.

h) FIBER OPTIC CABLE - a cable made of optical fibers that can transmit large amounts of information at the speed of light.

SECTION 2. The following acts are considered unauthorized connection of cable television, and similar telecommunication service providers:

a) A person who, without proper documents and authorization from any CATV and information/internet service provider, deliberately made a connection, whether physically, electrically or electronically, or inductively to existing lines of CATV, internet and similar telecommunication companies.

b) A subscriber who extended his telecommunication, internet and CATV lines to other households without proper authorization from CATV, internet and similar telecommunication service providers.

c) A disconnected subscriber who re-installed his former line without proper authorization from his telecommunication service provider.

d) A telecommunication line connection made to a subscriber-applicant by an unaccredited contractor/person.

e) A person including accredited contractors who utilizes the service provider’s company-supplied installation materials that illegally negotiate for a certain amount of money for installation.

f) A person who tampers with, modifies, or uses an illegally modified device originally installed by service provider.

SECTION 3. Any service provider who has sufficient knowledge and verifiable information about an unlawful connection or tampering on their cable, wire or telecommunication system, may ask the assistance of any barangay official, to investigate and verify the alleged unlawful connection and/or tampering on their system. Such investigation/verification shall be made in the presence of the owner of the house, business establishment or, in the case of a building, its administrator.

SECTION 4. Vandalism on equipment, lines, and parts of cable TV, internet and other telecommunication service provider. For purposes of this ordinance, acts of vandalism shall mean the following intentional acts:

a) Cutting of lines such as but not limited to coaxial cable, fiber optic cable, telephone lines, power/transmission cable, etc.;

b) Physical damage;

c) Any other acts that result to the prejudice, damage or disturbance to CATV, internet and similar telecommunication equipment;

d) Illegal splitting and tapping.

SECTION 5. PENALTIES. Any person, corporation or entity found by the proper court to be violating any of the provision of this Ordinance, shall be meted with the following punishment:

a) FIRST OFFENSE – A fine of TWO THOUSAND PESOS (PhP2,000.00) or imprisonment of Thirty (30) days or both at the discretion of the court;

b) SECOND OFFENSE – A fine of THREE THOUSAND PESOS (PhP3,000.00) or imprisonment of Forty Five (45) days or both at the discretion of the court;

c) THIRD OFFENSE – A fine of FIVE THOUSAND PESOS (PhP5,000.00) or imprisonment of Sixty (60) days or both at the discretion of the court;

PROVIDED, however, that any one who shall be found in violation of any two or more of the provisions cited above shall be liable to pay equivalent to that of the third offense.

SECTION 6. EFFECT OF FINES. The payment of fines herein imposed shall not release anyone found in violation of this Ordinance from paying the cost of service and damages incurred to the Cable Television, Telecom and Internet Service Providers.

SECTION 7. SEPARABILITY CLAUSE. In the event that a section of this Ordinance is declared unconstitutional or unlawful by a court of competent jurisdiction, the remaining section/s not invalidated shall continue to be in full force and effect.

SECTION 8. This Ordinance shall take effect thirty (30) days after the completion of its publication/posting in a newspaper of citywide circulation, in official city website, and in community cable channels.


APPROVED UNANIMOUSLY, January 24, 2007.


ROLEN C. PAULINO
City Vice Mayor & Presiding Officer


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


JOHN CARLOS G. DELOS REYES BELLA P. ASUNCION
City Councilor City Councilor


MAREY BETH D. MARZAN ANGELINA B. ANDRADA
City Councilor City Councilor
(Absent)


BRIAN PATRICK H. GORDON ANSELMO A. AQUINO
City Councilor City Councilor
(On Leave)

EDWIN J. PIANO GINA G. PEREZ
City Councilor City Councilor


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

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2007 Res. No. 13 - URGING HOTEL INDUSTRY MONITOR TOURIST ARRIVALS

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON
JANUARY 24, 2007 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. John Carlos G. delos Reyes- - - - - - - - “ “
Hon. Bella P. Asuncion - - - - - - - - - - - - - - “ “
Hon. Angelina B. Andrada - - - - - - - - - - - - “ “
Hon. Anselmo A. Aquino - - - - - - - - - - - - - “ “
Hon. Edwin J. Piano- - - - - - - - - - - - - - - - - “ “
Hon. Gina G. Perez - - - - - - - - - - - - - - - - - “ “
Hon. Carlito A. Baloy - - - - - - - - - - - - - - - President, Liga ng mga Barangay
Hon. Robine Rose C. Buenafe- - - - - - - - - - SK Federation President

ABSENT:

Hon. Marey Beth D. Marzan- - - - - - - - - - - City Councilor
Hon. Brian Patrick H. Gordon - - - - - - - - - - “ “ (On Leave)


RESOLUTION NO. 13
(Series of 2007)

A RESOLUTION URGING THE HOTEL INDUSTRY TO MONITOR TOURIST ARRIVALS EVERY MONTH AND SUBMIT A QUARTERLY REPORT TO THE CITY TOURISM & PROMOTIONS DEPARTMENT (TPD)

WHEREAS, the City Government of Olongapo envisions to utilize its natural and heritage resources to foster the development of tourism in the City as a viable sector of the local economy in a manner which completes the scale, quality and unique features of the community;
WHEREAS, the Tourism and Promotions Department shall be the primary sector assigned with the responsibility to encourage, promote, and develop tourism as a major socio-economic activity to generate foreign currency and employment and to spread the benefits of tourism to both the private and public sectors in the City;
WHEREAS, tourism is a significant part of the local economy which undoubtedly creates employment and business opportunities in all aspects;

WHEREAS, the City is gearing towards more tourism-oriented programs and preparing for more ways to implement activities for growth and development;

WHEREAS, various local government units have long established mechanisms to monitor tourist arrivals and use the collected data in determining better and more efficient programs for their respective areas;

WHEREAS, tourists statistics are indeed useful and can be used as a basis for countless plans and programs, which can be realized in the City Government of Olongapo, in its aspiration for a booming tourism industry;


Con’t. of Resolution No.13, Series of 2007.

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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 urge, as it is hereby urges, the hotel industry to monitor tourist arrivals every month and submit a quarterly report to the City Tourism & Promotions Department (TPD).

APPROVED UNANIMOUSLY, January 24, 2007.


ROLEN C. PAULINO
City Vice Mayor & Presiding Officer


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


JOHN CARLOS G. DELOS REYES BELLA P. ASUNCION
City Councilor City Councilor


MAREY BETH D. MARZAN ANGELINA B. ANDRADA
City Councilor City Councilor
(Absent)


BRIAN PATRICK H. GORDON ANSELMO A. AQUINO
City Councilor City Councilor
(On Leave)

EDWIN J. PIANO GINA G. PEREZ
City Councilor City Councilor


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

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2007 Res. No. 12 - INVITING MS. AMETHYA DE LA LLANA CONDUCT FORMAL BRIEFING

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON
JANUARY 24, 2007 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. John Carlos G. delos Reyes- - - - - - - - “ “
Hon. Bella P. Asuncion - - - - - - - - - - - - - - “ “
Hon. Angelina B. Andrada - - - - - - - - - - - - “ “
Hon. Anselmo A. Aquino - - - - - - - - - - - - - “ “
Hon. Edwin J. Piano- - - - - - - - - - - - - - - - - “ “
Hon. Gina G. Perez - - - - - - - - - - - - - - - - - “ “
Hon. Carlito A. Baloy - - - - - - - - - - - - - - - President, Liga ng mga Barangay
Hon. Robine Rose C. Buenafe- - - - - - - - - - SK Federation President

ABSENT:

Hon. Marey Beth D. Marzan- - - - - - - - - - - City Councilor
Hon. Brian Patrick H. Gordon - - - - - - - - - - “ “ (On Leave)


RESOLUTION NO. 12
(Series of 2007)

A RESOLUTION INVITING MS. AMETHYA DE LA LLANA, DEPARTMENT MANAGER OF ECOLOGY, SUBIC BAY METROPOLITAN AUTHORITY (SBMA) AND TEST CONSULTANTS, INC. TO CONDUCT A FORMAL BRIEFING BEFORE THE SANGGUNIANG PANLUNGSOD REGARDING THE STATUS OF THE PROPOSED 150 MW COAL-FIRED THERMAL POWER PLANT AT BARANGAY AGUSUHIN, SUBIC, ZAMBALES


WHEREAS, there is a proposed Coal-fired Power Plant to be established at the Redondo Peninsula.

WHEREAS, there is reason to believe that the operation of this Coal-fired Power Plant will affect Subic Bay and Olongapo City, as studies show that Coal-fired Plants are sources of mercury pollution detrimental to the health of the community;
WHEREAS, the combustion process of coal releases carbon dioxide and other greenhouse gases, causing climatic warming in the earth's atmosphere also, combustion of coal is a source of sulfur oxides and nitrogen oxides, which are harmful to humans and are mostly responsible for acid rain; WHEREAS, fly ash from Coal Plants is a major air pollutant which may cause adverse environmental effects as well as bottom ash and smoke stacks which may choke terrestrial wildlife and dirty up white sands;


Con’t. of Resolution No.12, Series of 2007.

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WHEREAS, the heat from the Coal-fired Power Plant is feared to increase the temperature of the waters in the bay which could affect marine communities. Much of the remaining coral reefs in this part of the Bay may be lost;

WHEREAS, there is also the concern that the establishment of the plant will alter the scenic Redondo Peninsula which is a tourist attraction from the Olongapo side of the bay;

WHEREAS, under Sec. 26. of the local Government code, it shall be the duty of every national agency or government-owned or controlled corporation authorizing or involved in the planning and implementation of any project or program that may cause pollution, climatic change, depletion of non-renewable resources, loss of cropland, rangeland, or forest cover, and extinction of animal or plant species to consult with the local government units, nongovernmental organizations, and other sectors concerned and explain the goals and objectives of the project or program, its impact upon the people and the community in terms of environmental or ecological balance, and the measures that will be undertaken to prevent or minimize the adverse effects thereof;

WHEREAS, Olongapo City, together with other municipalities of Zambales and Bataan, is a major stakeholder in the development of Subic Bay and must be accorded its statutory right to mandatory consultations as such project may directly affect the immediate environment;

NOW, THEREFORE, on motion of Councilor John Carlos G. delos Reyes co-sponsored by Councilor Noel Y. Atienza, 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 invite, as it is hereby invites Ms. Amethya de la LLana, Department Manager of Ecology, Subic Bay Metropolitan Authority (SBMA) and Test Consultants, Inc. to conduct a formal briefing before the Sangguniang Panlungsod regarding the status of the proposed 150 MW Coal-Fired Thermal Power Plant at Barangay Agusuhin, Subic, Zambales.

APPROVED UNANIMOUSLY, January 24, 2007.


ROLEN C. PAULINO
City Vice Mayor & Presiding Officer


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


JOHN CARLOS G. DELOS REYES BELLA P. ASUNCION
City Councilor City Councilor


Con’t. of Resolution No.12, Series of 2007.

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MAREY BETH D. MARZAN ANGELINA B. ANDRADA
City Councilor City Councilor
(Absent)


BRIAN PATRICK H. GORDON ANSELMO A. AQUINO
City Councilor City Councilor
(On Leave)

EDWIN J. PIANO GINA G. PEREZ
City Councilor City Councilor


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

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