eLegis Sangguniang Panlungsod ng Olongapo

22 August 2007

Minutes of Sangguniang Panlungsod Session

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 G. 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.

Call to Order

The City Vice-Mayor and Presiding Officer Cynthia G. Cajudo called the session to order at 3:45 in the afternoon.

Roll Call

With twelve (12) Members and the Presiding Officer present, a quorum was declared

Reading and Adoption of Minutes

Since the minutes of the previous regular session, dated July 25, 2007 is not ready yet, on motion of Councilor Edwin J. Piano, the body deferred the approval of the same.

Reading and Approval of the Day’s Agenda

Before the approval of the day’s agenda, Councilor Marey Beth D. Marzan read the items on 1st and 2nd reading, to wit:

First Reading:

1. Draft Ordinance No. 2007 – O-18 – An Ordinance Abolishing The Position Of One (1) Executive Assistant III, Item No. 12 And Creating One (1) Position Of Executive Assistant II Under The Office Of The City Mayor. Sponsored by Councilor Gina G. Perez. (Referred to the Committee on Personnel and Organizational Development)

2. Draft Ordinance No. 2007 – O-19 – An Ordinance Providing For Annual Physical And Dental Check-Up Of Olongapo City Government Employees. Sponsored by Councilor Edwin J. Piano. (Referred to the Committee on Health)

3. Draft Resolution No. 2007 – R-51 – A Resolution Authorizing The City Mayor James Gordon, Jr. To Enter Into Memorandum Of Agreement With BSP-James L. Gordon Council Represented By Dr. Ligaya B. Monato, For The Perpetual Use Of A Parcel Of Land Located At The South-West End Of Tapinac Elementary School, For James L. Gordon Council-BSP Headquarters. Sponsored by Councilor Edwin J. Piano. (Referred to the Committees on Lands and Laws)

4. Draft Resolution No. 2007 – R-52 – A Resolution Approving The Annual Budget Of Barangay Barretto, City Of Olongapo For The Calendar Year 2007. Sponsored by Councilor Edwin J. Piano. (Referred to the Committee on Ways and Means)

Second Reading:

1. Draft Resolution No. 2007 – R-47 – A Resolution Approving The Acquisition Of A Dredging Machine For The Use Of Regular Desilting/Dredging And Maintenance Of All Rivers In The City. Sponsored by Councilors Anselmo A. Aquino, Edwin J. Piano and Rodel S. Cerezo

2. Draft Resolution No. 2007 – R-48 – A Resolution Creating The Cooperative Development Councils, Pursuant To Article 2 Of The Cooperative Code Of The Philippines And Executive Order No. 95, Series Of 1993, And Adopting The Guidelines Thereof For Its Formation Under The Aegis Of The Cooperative Development Authority. Sponsored by Councilor Elena C. Dabu

3. Draft Resolution No. 2007 – R-49 – A Resolution Authorizing The Honorable City Mayor To Represent The City Of Olongapo And Enter Into A Contract With Subic Bay Metropolitan Authority And Other Documents Related Thereto Such As, But Not Limited To, Donation Of Garbage Trucks And Other Equipment, To Offer The Olongapo City Landfill To The Latter As Their Dumpsite For Their Waste Products. Sponsored by Councilors Angelito W. Baloy and Marey Beth D. Marzan

4. Draft Ordinance No 2007 – O-05 – An Ordinance Enacting The Olongapo City Investment Code Of 2007. Sponsored by Councilor Gina G. Perez

5. Draft Resolution No. 2007 – R-39 – A Resolution Superseding Resolution No. 77 And No. 78, Pertaining To The Commendation Of Councilor Noel Atienza And Vice-Mayor Rolen Paulino. Sponsored by The Majority Party

6. Draft Ordinance No. 2007 – O-13 – An Ordinance Appropriating The Amount Of Nine Million Four Hundred Fourteen Thousand Pesos (PhP9,414,000.00) To The Item Office Equipment, Office Supplies, Representation And Other Expenses Of The Office Of The City Mayor Under The Maintenance And Other Operating Expenses Of The Office Of The City Mayor To Be Taken From The Unappropriated Balance Of The General Fund. Sponsored by Councilor Marey Beth D. Marzan

7. Draft Resolution No. 2007 – R-45 – A Resolution Authorizing The Honorable City Mayor James Gordon, Jr. To Represent The City Of Olongapo And Enter Into A Contract Of Loan With The Development Bank Of The Philippines (DBP) In The Principal Amount Of Pesos One Hundred Forty Four Million (PhP144,000,000.00) For The Purpose Stated Herein And To Sign The Loan Agreement, Deed Of Assignment, The Promissory Note And Other Documents Related Thereto. Sponsored by Councilor Marey Beth D. Marzan

Councilor Marzan moved for the amendments on the title of “Draft Resolution No. 2007 – R-45 – A Resolution Authorizing The Honorable City Mayor James Gordon, Jr. To Represent The City Of Olongapo And Enter Into A Contract Of Loan With The Development Bank Of The Philippines (DBP) In The Principal Amount Of Pesos One Hundred Forty Four Million (PhP144,000,000.00) For The Purpose Stated Herein And To Sign The Loan Agreement, Deed Of Assignment, The Promissory Note And Other Documents Related Thereto” to “A Resolution Authorizing The Honorable City Mayor James Gordon, Jr. To Represent The City Of Olongapo And Enter Into A Contract Of Loan With The Development Bank Of The Philippines (DBP) In The Principal Amount Of Pesos One Hundred Seventy Seven Million Four Hundred Seventy Six Thousand (PhP177,476,000.00) For The Purpose Stated Herein And To Sign The Loan Agreement, Deed Of Assignment, The Promissory Note And Other Documents Related Thereto”.

Councilor Dabu manifested to amend the title of “A Resolution Creating The Cooperative Development Councils, Pursuant To Article 2 Of The Cooperative Code Of The Philippines And Executive Order No. 95, Series Of 1993, And Adopting The Guidelines Thereof For Its Formation Under The Aegis Of The Cooperative Development Authority” to An Ordinance.

Lastly, Councilor Piano moved to include in the first reading “An Ordinance Appropriating The Amount Of One Million Seven Hundred Fifty Seven Thousand Eight Hundred Eighty Pesos (PhP1,757,880.00) For The Improvement Of PUD Computerized System To Be Taken From The Unappropriated Balance Of The General Fund (2007 IRA Adjustment). (Referred to the Committees on Appropriations and Utilities)

Hearing no other observations, on motion of Councilor Marzan, the body approved the Day’s Agenda as amended.

Communications and Referrals of Business

Communications Read:

1. Memorandum from the City Mayor to All Personnel of the Traffic Management & Public Safety Office (OTMPS); All Newly Hired City Government Employees regarding Bilis Aksyon Program Seminar on August 28, 2007 from 8:00 a.m. to 12:00 noon. at the FMA Hall, this City and the seminar aims to discuss and instill among others, positive values that government employees must posses to effectively efficiently serve the public. (For compliance and follow-up by the secretariat)

2. Letter from Rolando DR. Anonuevo, Police Senior Superintendent (DSC), Officer-In-Charge, CIDG to the, Council Secretary, which refers to the letter dated August 2, 2007 addressed to the Chief of the Philippine National Police, requesting for the immediate relief or transfer of P/SUPT Ritchie Medardo A. Posadas as Head of the Local CIDG in Olongapo City for the reason as stated and thru this letter we are informed that effective 2 July 2007 or even before receipt of our letter, P/SUPT Ritchie Medardo A. Posadas has already been relieved as Chief of the CIDG, Provincial Office based in Olongapo City pursuant to Office Order NR 23 issued by the 3rd Regional Criminal Investigation and Detection Unit (3RCIDU) in Camp Olivas, San Fernando Pampanga. . (For information and guidance)

3. Endorsement letter from the City Vice-Mayor to Hon. Edwin J. Piano, City Councilor regarding the letters of Mr. Maharlika Linzaga for study and recommendation and also the attached legal suggestion of the City Legal Officer for information and guidance. (Referred to the Committee on Telecommunications)

4. Letter from Elizabeth J. Daduya, Supervising Administrative Officer to City Mayor James "Bong" Gordon thru: Vice-Mayor Cynthia G. Cajudo following-up her and staff Connie E. Roldan's plantilla positions which have been requested since December 2004. (Referred to the Committee on Personnel and Organizational Development)

5. Letter from Councilor Edwin J. Piano, Training Director for the Hon. James Gordon, Jr., City Mayor regarding the lists of Skills Training Center Graduates hired by Hanjin in their Shipbuilding Project. One Thousand Three Hundred Thirty Seven (1,337) of the current Hanjin Shipbuilding employees are from Olongapo Skills Training Center. (For information and guidance)

6. Copy of a Teambuilding Seminar/Workshop of the Sangguniang Panlungsod Members and staff to be held on August 24, 25 and 26, 2007 at La Roca, Los Banos, Laguna. (For guidance of all concerned)

7. Inter-Office Memorandum from Johnny B. Choa, City Budget Officer to Josephine P. Nieves, City Gov't. Assistant Department Head II (Asst. City Budget Officer) regarding her Designation as Officer In Charge. Mr. Choa, together with the City Mayor will be on study tour to National City, California, U.S.A. in connection with our Sister-City Relationship with the National City on August 20 to September 07, 2007. (For information and guidance)

8. Memorandum from Hon. Luis R. Grospe, Punong Barangay, East Bajac-Bajac, Olongapo City for Hon. Cynthia G. Cajudo, City Vice-Mayor regarding request for Calamity Fund. (Referred to Councilor Cerezo)

9. First Endorsement from the City Mayor to this body the copy of the Memorandum of Agreement entered into by and between Global City Innovative College Subic International Incorporated, (GCICSII) represented by its Vice-President for Administration Corazon B. Guanco and the City Health Department represented by the City Mayor. (Referred to Committees on Health and Laws)

10. Complaint Affidavit of Santiago L. Columbrites against Brgy. Captain Alejandro Ubungen, New Cabalan, this City for Sabotage Grave Misconduct and Grave Abuse of Authority with incriminatory machination against Barangay Elected Official. (Referred to Committee on Laws, Group I/Division I)

11. Letter for the City Vice-Mayor from Romeo S. Manalo, complainant submitting the copy of first endorsement letter dated July 3, 2007 of the City Prosecutor's Office, Olongapo City for inclusion on Administrative Case No. 24, Romeo Manalo vs Z. Cabiling. (Referred to the Committee as a Whole)

12. Another letter from Romeo S. Manalo for the City Vice-Mayor submitting the copy of "Local Government Code: Power Of The Municipal Mayor To Appoint Or Remove With Concurrence Of The Sangguniang Bayan, Section 444 (5) requesting for inclusion in his file folder on Case Nos. 28 and 29. (Referred to the Committee as a Whole)

13. Motion/Manifestation from Romeo S. Manalo for the City Vice-Mayor regarding Admin. Case No. 22, R. Manalo vs. Z. Cabiling; Admin Case No. 23, R. Manalo vs. PJ Payawal; Admin. Case No. 24, R. Manalo vs. Cabiling; Admin Case No. 28 and 29, R. Manalo vs. Cabiling and Admin. Case No. 21 & 27, R. Manalo vs. F. Nacino. (Referred to the Committee as a Whole)

Item Nos. 11, 12 and 13 for discussion next week.



14. Letter from Thomas L. Chamos, Municipal Councilor, La Trinidad, Benguet Province to Hon. City Vice-Mayor requesting for an Ordinance pertaining to Health and Environment regulating the establishment of a funeral parlor. (For information and guidance)

15. Memorandum from the City Vice-Mayor addressed to All Honorable Members of the Sangguniang Panlungsod, SP employees and Confidential Aides regarding the Teambuilding/Lakbay-Aral at Los Banos, Laguna on August 24, 25 and 26, 2007 and enjoining presence and participation. (For information of the body)

16. Letter from Connie E. Roldan, Admin Officer I, Office of the City Library addressed to the City Mayor thru: the Hon. City Vice-Mayor Cynthia G. Cajudo informing that she served the City Government from 1983 up to present. With all the educational qualification, experiences and knowledge on library works she feels confident that she can apply for the position of Bookbinder IV SG-10 or Encoder III, SG-10 which will give her the chance to be in a permanent status. (For information and guidance and for study of Personnel and Organizational Development)

17. Copy of Resolution No. 37, Series of 2006 and Appropriation Ordinance No. 1, Series of 2007 of Barangay Barretto, this City. (Referred to the Committee on Ways and Means)

18. Certification dated August 22, 2007 issued by Dennis R. Martinez, City Accountant, certifying that they have assessed the financial proposal of the Environmental and Sanitation Management Office on its Solid Waste Containerization project in the amount of PhP177,476,000.00 and based on their assessment they concluded that there are no current available internal funds of the City to finance the said project and they are recommending that external resources should be secured whether through grants or loan financing, in order to fund the said project. And in case of loan financing, they recommend that we negotiate for the most advantageous terms and conditions that will assure the self – viability and sustainability of the project without detriment to the other programs sustained by the General Fund. (For information and guidance)

19. Project Cost System and Equipment Cost for Containerization, New Collection Vehicles and Hydraulic Lifting Devices and Information, Education and Communication with the total project cost estimated at PhP151,792,220.00. (For information and guidance)

20. Copy of General Conditions Applicable to term loan agreement under the DBP Retail Lending. (For information of the body)

21. And the last one is the letter of Kgd. Lydia D. Demorse, Chairperson, Committee on Ways and Means, Brgy. Barretto, for the Vice Mayor seeking enlightenment on the function of the Barangay Council to hold a fund raising activity for barangay projects. (Referred to the Committee on Laws and Councilor Marzan)

22. The Chair informed the body about the launching and the signing of agreement with the Olongapo City Subic Bay Cancer Care Network Foundation aka SOCFI. This project is dubbed, “Yosi Break” which a campaign for the no smoking for young people below 18 years old. They received a grant amounting to PhP300,000 from Philip Morris.

23. The Chair announced to the body her appointment as the Adviser of 2007 City Fiesta Committee from the City Fiesta 2007 Chairman Councilor Angelito W. Baloy

Committee Reports

Being the Committee Chair on Livelihood, Councilor Dabu informed everyone about the Barangay Consultation Livelihood Program held at Barangay Gordon Heights last August 19 which was attended by representatives from the different organizations. As Committee Chair on Women, in line with the celebration of Breastfeeding Month, there were activities and Seminars held in the different health centers in coordination with the City Health Department.

Councilor Perez informed the body of the anticipated tourism related activities. Together with the other members of the Olongapo City Tourism Council they held a meeting wherein they discussed the preparations for the Advertising Congress 2007 which will be on November 21, 22 and 23. In coordination with the DOT, a seminar and a technical planning session will be conducted by the Task Force Tourism. A city wide clean-up drive is scheduled on September 22, to be participated in by all sectors.

In addition, she also mentioned in her report the seminar attended by all council members which was conducted by the Civil Service Commission. This pertains to Personnel Administration.

Councilor Marzan reported the GAD Development Structural Workshop, she attended together with Vice Mayor Cajudo last August 16 and 17. This is in relation with the GAD Code previously passed by the City Council. The IRR for this is still being finalized for approval once the members of Council is convened thru an Executive Order. According to her, a similar IRR for the Gender Development Advocacy is expected to be presented by all Lady Councilors and Lady Vice Mayor as proponents.

Calendar of Business

Second Reading:

1. On motion of Councilor Aquino, “Draft Resolution No. 2007 – R-47 – A Resolution Approving The Acquisition Of A Dredging Machine For The Use Of Regular Desilting/Dredging And Maintenance Of All Rivers In The City.”, was approved unanimously on second and final reading.

2. Draft Ordinance Creating The Olongapo Cooperative Development Council (OCDC) Pursuant To Article 2 Of The Cooperative Code Of The Philippines And Executive Order No. 95, Series Of 1993, And Adopting The Guidelines Thereof For Its Formation Under The Aegis Of The Cooperative Development Authority, was deferred by Councilor Dabu for further study.

3. Draft Resolution No. 2007 – R-49 – “A Resolution Authorizing The Honorable City Mayor To Represent The City Of Olongapo And Enter Into A Contract With Subic Bay Metropolitan Authority And Other Documents Related Thereto Such As, But Not Limited To, Donation Of Garbage Trucks And Other Equipment, To Offer The Olongapo City Landfill To The Latter As Their Dumpsite For Their Waste Products”, was approved unanimously on second and final reading on motion of Councilor Angelito Baloy

4. On motion of Councilor Perez, Draft Ordinance No 2007 – O-05 – “An Ordinance Enacting The Olongapo City Investment Code Of 2007”, was approved unanimously on second and final reading.

5. Draft Resolution No. 2007 – R-39 – “A Resolution Superseding Resolution No. 77 And No. 78, Pertaining To The Commendation Of Councilor Noel Atienza And Vice-Mayor Rolen Paulino” was tabled, on motion of by Councilor Piano.
6. Draft Ordinance No. 2007 – O-13 – “An Ordinance Appropriating The Amount Of Nine Million Four Hundred Fourteen Thousand Pesos (PhP9,414,000.00) To The Item Office Equipment, Office Supplies, Representation And Other Expenses Of The Office Of The City Mayor Under The Maintenance And Other Operating Expenses Of The Office Of The City Mayor To Be Taken From The Unappropriated Balance Of The General Fund”, was deferred on motion of Councilor Marzan.

7. Draft Resolution No. 2007 – R-45 – A Resolution Authorizing The Honorable City Mayor James Gordon, Jr. To Represent The City Of Olongapo And Enter Into A Contract Of Loan With The Development Bank Of The Philippines (DBP) In The Principal Amount Of Pesos One Hundred Seventy Seven Million Four Hundred Seventy Six Thousand (PhP177,476,000.00) For The Purpose Stated Herein And To Sign The Loan Agreement, Deed Of Assignment, The Promissory Note And Other Documents Related Thereto, was discussed by Councilor Marzan. Giving the assurance that a copy of the Certificate of Availability from the Accounting Office has been secured and the resolution will be accompanied with pertinent attachments such as, a letter from the City Accountant recommending the borrowing of funds to finance the Solid Waste; a copy of financial statement submitted to COA; a copy of DBP general agreement loan and the approved Ecological Solid Waste Management Plan of the City, altogether.

Councilor Lipumano-Garcia expressed her right as a Minority to be part of the bidding process but, Councilor Marzan explained that there are changes made under the New Procurement Code. She added that this will be a supervised loan under DBP.

Councilor Perez, however, expressed her concern over the response of ESMO with regards to the reminder from the Environment Management Bureau to address the problem on the safe closure and rehabilitation of the landfill.

After a thorough discussion of the matter, the proposed resolution was approved by the majority vote, with Councilor Lipumano-Garcia abstaining.

Other Matters

A. Councilor Marzan moved for a reconsideration of “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”.

Former version of the proposed ordinance according to the proponent, provides that the whole stretch of the Volunteers Park shall be proclaimed as patrimonial property of the City. This was however, changed to “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”. The portion being mentioned is identified as Area III or the SARS area and parking area. It will be withdrawn from public use and to be declared as a patrimonial property so that it can be leased to the Botika ng Bayan. She reiterated her motion invoking provisions in the parliamentary rules that “a dead motion can be reconsidered on the next session”.

For the question on the reconsideration of the matter, majority voted in favor with Councilor Aquino opposing.

To make it clear to everyone, whatever proceeds that will be generated from its operations, will be allocated for the development of specific programs, such as Health, Parks and Playgrounds. The aforementioned ordinance is subject to bidding and approval of the City Council.

After a lengthy discussion, majority of the Members of the Body voted for the said measure. Councilors delos Reyes, Lipumano-Garcia and Aquino opposed.

B. On motion of Councilor Piano, Draft Resolution No. 2007 – R-52 – “A Resolution Approving The Annual Budget Of Barangay Barretto, City Of Olongapo For The Calendar Year 2007”, was approved unanimously on second and final reading


Adjournment

There being no further matters to be discussed, the session was adjourned at 5:04 in the afternoon.


I HEREBY CERTIFY TO THE
CORRECTNESS OF THE FOREGOING:

ELFLIDA S. SALMON
Council Secretary

ATTEST:


CYNTHIA G. CAJUDO
City Vice-Mayor & Presiding Officer

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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

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2007 O - 36 - ENACTING THE OLONGAPO CITY INVESTMENT CODE OF 2007

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.

In the interest of public service and 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. 36
(Series of 2007)

AN ORDINANCE ENACTING THE OLONGAPO CITY INVESTMENT CODE OF 2007


CHAPTER I
TITLE AND DECLARATION OF POLICY

SECTION 1. Title of the Ordinance. - This ordinance shall be known and cited as the OLONGAPO CITY INVESTMENT CODE OF 2007.

SECTION 2. Declaration of Investment Policy. – To accelerate the sound and holistic development of Olongapo City in accordance with the city development plan and the national development plan, it is hereby declared to be the policy of the City Government to attract, promote and encourage domestic and foreign investments or business expansions in the City of Olongapo, which will provide employment opportunities, raise the standard of living of the people of Olongapo City, and provide for an equitable distribution of wealth. Along this line, the following specific policies are hereby promulgated:


a. Encourage investment projects that would utilize local labor, indigenous raw materials and other resources of the city;
b. Attract investments in preferred areas or activities such as tourism and recreation, transshipment facilities, light manufacturing, property development, information and communication technology, and agriculture and food processing business;
c. Promote “Gawang Gapo” products to encourage local entrepreneurship and attain self-sufficiency;
d. Promote and encourage the active participation and collaboration of the private sector and non-government organizations in the economic development of the city; and
e. Support programs that promote an investor-friendly business climate without necessarily resulting to environmental and ecological degradation.


CHAPTER II
DEFINITION OF TERMS

SECTION 3. Definition of Terms. – When used under this Code, the following terms and phrases shall mean as follows:

a. “Board” shall refer to the Olongapo City Investment Board created under this Code.
b. “City” shall refer to the City of Olongapo covering all the areas within its territorial jurisdiction as provided for by law and its charter.
c. “Code” shall refer to the Olongapo City Investment Code of 2007.
d. “Existing Enterprises” shall refer to those establishments or enterprises whose places of operation or production are located within the territorial jurisdiction of Olongapo City existing prior to the enactment of this code.
e. “Local Labor” shall refer to those workers or personnel who are bona fide residents of Olongapo City.
f. “New Investors or Enterprises” shall refer to those prospective investors who have not engaged in any kind or type of business in Olongapo City and is interested in establishing its places of operation or production in the City.
g. “Preferred Investment Areas” shall mean the economic activities that the Board shall have approved and declared as such after a thorough study and evaluation.
h. “Registered enterprises” shall mean those enterprises/businesses registered in accordance with the provisions of this Code.


CHAPTER III
OLONGAPO CITY INVESTMENT BOARD

SECTION 4. The Olongapo City Investment Board. – There is hereby created an Olongapo City Investment Board (“Board”) to implement the provisions of this Code.

SECTION 5. Composition of the Board. – The Board shall be composed of the following:

a. City Mayor, as the Board Chairperson;
b. City Vice-Mayor, as the Board Co-Chairperson
c. City Administrator, as the Board Vice-Chairperson;
Members of the Board:
d. Chairperson, City Council Committee on Business & Economic Enterprises
e. Chairperson, City Council Committee on Ways and Means;
f. Chairperson, City Council Committee on Tourism;
g. Provincial Director of the Department of Trade and Industry;
h. City Director of Department of Interior and Local Government (DILG);
i. Chairperson of the Olongapo City Tourism Council;
j. Chairperson of the Small & Medium Enterprises Development (SMED) Council
k. President of the Subic Bay Freeport Chamber of Commerce; and
l. President, Liga ng mga Barangay
m. 3 representatives from accredited Non-Government Organizations to be appointed by the City Mayor.

The Olongapo City Investment Center shall serve as the secretariat of the Board.

The membership of the Board may be increased by the Sangguniang Panlungsod through the recommendation of the Board as it deems necessary for the effective implementation of the provisions of the Code.

SECTION 6. Meetings and Quorum of the Board. - The Board shall meet at least once every month or as often as may be necessary, on such a day and time as it may fix. The presence of at least a majority of its members shall constitute a quorum and a majority of the quorum of a meeting, validly held, shall be required for the Board to exercise its powers and perform its functions.

SECTION 7. Powers and Functions of the Board. – The primary function of the Board shall be to establish a favorable and stable policy on business climate which will encourage and support private sector investment and in the operation of business activities consistent with the development needs of Olongapo City. Pursuant to this, the Board shall be vested with the following powers:

a. To draw up and promulgate the governing implementing rules and regulations in the implementation of the provisions of this Code subject to the approval of the Sangguniang Panlungsod;
b. To commission economic and technical research for the purpose of identifying priority investment areas and/or activities to be promoted as well as appropriate incentives and support measures which should be extended to new investors, to attract investors into these areas and/or activities;
c. To prepare a short and medium term investment development program, which shall specify the list of priority investment areas and activities and corresponding incentives and support measures to be used to attract targeted investors;
d. To organize and designate the Olongapo City Investment Center to act as the Secretariat and to consequently supervise the same in its operations specifically in the implementation of the provisions of this Code and its implementing rules and regulations promulgated thereof;
e. To approve or disapprove the application of proposed investment subject to the provisions of this code as well as suspend or revoke any registration for due course;
f. To secure additional funding and other resources to supplement the budgetary support provided by the Olongapo City Government for the operation of the Secretariat in its implementation of the Code; and
g. To enlist the assistance of local government offices, national agencies and private sector organizations, as may be necessary, useful and incidental to the effective and efficient implementation of this ordinance.

h. To establish trade and investment liaison offices in places to be determined by the Board as may be necessary to promote the City’s business climate; and
i. Such other powers and functions which are necessary and incidental to the exercise and performance of the aforesaid functions.

SECTION 8. Olongapo City Investment Center. - There shall be created an Olongapo City Investment Center (“Center”), which shall be initially composed of the following:

a. One (1) City Investment Development Officer, as Head of the Center;
b. Two (2) Investment Development Specialists;
c. One (1) Economic Researcher; and
d. Two (2) Administrative Staff.
e. One (1) Representative from the City Planning and Development Office;
f. One (1) Representative from the City Engineering Office;
g. One (1) Representative from the Environmental Sanitation and Management Office;

The Center shall be created as a Special Service Unit under the Office of the City Mayor.

SECTION 9. Powers and Duties of the Center. – The Center shall act as the Technical Secretariat of the Board, which shall implement its policies and guidelines, and shall specifically perform the following duties:

a. Accept, process and evaluate applications for registration for availment of local incentives and submit recommendations for action by the Board;
b. Provide the necessary support services to investors as guaranteed under the Code;
c. Establish and maintain networking relations with other offices and agencies whenever appropriate and necessary;
d. Collate, analyze and compile pertinent data and information and conduct studies concerning areas that have been or may be declared as “Preferred Areas of Investments” by the Board;
e. Recommend to the Board modifications/amendments to existing legislations and procedures on local investments when the need warrants;
f. Prepare agenda for meetings of the Board and submit for the latter’s consideration and approval the policies and measures which are deemed necessary to carry out the provisions of the Code;
g. Submit reports quarterly to the Board about its activities relative to the implementation of the Code; and
h. Perform such other functions that are necessary and incidental for the effective implementation of the Code.

SECTION 10. Technical Functions of the Center. – The Olongapo City Investment Center, in addition to its powers and duties as provided for:

a. Investor Assistance and Servicing. Assist prospective investors by providing assistance, among others:

1. One-stop documentation services (e.g. facilitating business permits);
2. Investment counseling; and
3. Business matching.

b. Investment or Trade Promotion and Generation. Handle promotional activities that will directly influence infusion of investments and influx of trade and tourism, such as:

1. Trade and investment missions;
2. Investment seminars;
3. Direct investment marketing;
4. Trade fairs and exhibits;
5. Investment briefings and orientations;
6. Setting-up of a showroom or exhibition area; and
7. Preparation and dissemination of investment promotional materials.

c. Information Management and Development. In the area of information and development, shall:

1. Handle data generation, processing and packaging;
2. Handle data storage and retrieval;
3. Support direct investor servicing through an information assistance desk;
4. Review existing incentives and prepare recommendations and / or policy papers for its improvement; and
5. Prepare project profiles, pre-investment studies, viability and feasibility, industry profiles and situationers.

SECTION 11. Reporting. – The City Investment Development Officer shall report to the Board matters affecting the plans, programs and performance of the Center.


CHAPTER IV
PREFERRED AREAS OF INVESTMENT AND
APPROPRIATE INCENTIVES AND SUPPORT MEASURES

SECTION 12. Preferred Investment Areas. - Incentives will be provided to new, expansion or diversification projects in the following investment areas:

a. Infrastructure and Property Development

This covers the development of infrastructures, telecommunications, logistics, transshipment facilities, transport systems, warehouses, commercial complex and mass housing. This also covers infrastructure projects under the Build-Operate-Transfer (BOT) Law.

b. Tourism and Recreation

This covers the development of tourism zones, tourist estates, eco-tourism facilities and the establishment of tourist accommodation facilities. This also covers historico-cultural heritage projects and services provided by tourist operators as endorsed by the Department of Tourism (DOT).

c. Light Manufacturing

This covers manufacturing activities of environmentally-friendly or non-polluting products such as but not limited to garments, footwear, handicrafts, souvenirs & toys.

d. Healthcare and Wellness Products and Services

This covers hospital services, medical and dental services, other human health and wellness products/services, retirement villages, medical zones and related services.

e. Information and Communications Technology

This covers IT and IT-enabled services and ICT support services like Business Process Outsourcing (e.g. call centers).

f. Agri-business and Food Processing

This covers the commercial production and commercial processing of agricultural and fishery products including their by-products.

SECTION 13. Determination of Additional Investment Areas. – In consultation with other government and private sector leaders of Olongapo City, the Center may recommend to the Board additional investment areas for inclusion in the list of preferred investment areas which upon due deliberation and approval shall then be adopted for implementation under the Olongapo City Investment Program with the concurrence of the Sangguniang Panlungsod. The inclusion of additional investment areas shall be based on the following factors:

a. Generation of high level of employment;
b. High degree of value-added features;
c. Creation of linkages with local industries; and
d. No deleterious effect on the environment.

SECTION 14. Removal or Deletion of a Preferred Investment Area. - Upon the recommendation of the Center, the Board may remove an area or activity from the list of preferred areas for investments. Bases for the removal of a preferred investment area are as follows:

a. Sufficient investments in the area or activity have been attained;
b. The continued extension of incentives or support measures for the specific investment area is no longer to the interest of Olongapo City; or
c. The investment area or activity cannot attract investors within reasonable time and cost or may result in unfavorable business climate.


CHAPTER V
REGISTRATION OF ENTERPRISES

SECTION 17. Qualifications of a New Enterprise. – New investors who intend to avail of the incentives pursuant to Section 14 of this Code must meet the following qualifications:

a. That the business enterprise must have complied with all the requirements mandated under existing local and national laws and the Constitution;
b. That the prospective investor’s place of operation or production be located within the territorial jurisdiction of Olongapo City;
c. That the prospective investment must engage in activities in preferred areas of investments as declared and approved by the Board;
d. The new enterprise must have a capitalization of at least Three Million Pesos but not more than Fifteen Million Pesos in case of a small-scale enterprise; at least Fifteen Million Pesos but not more than One Hundred Million Pesos in case of a medium-scale enterprise; and more than One Hundred Million Pesos in case of a large industry; Provided, that the amount of capitalization shall be based on the total project cost as stated in the investor’s project study submitted to and approved by the Board; and
e. That the new enterprise will provide out of the labor force an employment of no less than ten (10) persons in case of a small-scale enterprise; at least twenty (20) persons in case of a medium-scale enterprise; and at least one hundred (100) persons in case of a large industry who are bona fide residents of Olongapo City.

SECTION 18. Qualifications of an Existing Enterprise. – An existing enterprise may avail of the incentives under this Code provided that it meets the following requirements:

a. That the business enterprise must have complied with all the requirements mandated under existing local and national laws and the Constitution;

b. That the expansion or diversification must engage in activities mentioned in Section 2 hereof or in other preferred areas of investments as may hereafter be declared by the Board;

c. That the existing enterprise whose place of operation or production is already located within the territorial jurisdiction of Olongapo City, but which will undertake any of the following activities/projects:

1. Relocate its principal office from other places in the Philippines to Olongapo City, or
2. Expand its existing production capacity or construct new buildings and other civil works for the installation of new machinery and equipment or improvements thereof which will result in an increase in production capacity;

d. That the expansion or diversification shall have a capitalization in reference provided under Section 17, item (d); Provided, that the amount of capitalization shall be based on the total project cost of such expansion/diversification as stated in the investor’s project study submitted to and approved by the Board; and

e. That the expansion/diversification shall provide out of the labor force an employment of no less than ten (10) persons in case of a small-scale enterprise; at least twenty (20) persons in case of a medium-scale enterprise; and at least one hundred (100) persons in case of a large industry, who are bona fide residents of Olongapo City.

SECTION 19. Application Requirements. – Application shall be filed with the Board, recorded in a registration book and the date appearing therein and stamped on the application shall be considered the date of official receipt thereof.

A non-refundable filing fee of five thousand pesos (P5,000.00) shall be paid together with the following documents for registration:

a. Three (3) copies of completed application form to be provided for by the Board in accordance with the provisions of this Code;

b. A copy of the complete project study of the proposed investment showing the project is economically, technically, and financially feasible and viable;
c. In case of corporation, a copy of its Articles of Incorporation and By-laws as approved by the Securities and Exchange Commission, and the Board of Investments, as the case may be;
d. A certified true copy of its Certificate of Registration with the Securities and Exchange Commission, the Board of Investments, and the Department of Trade and Industry, as the case may be; and
e. Resolution of the applicant’s Board of Directors, in case of a corporation, authorizing the filing of application.

SECTION 20. Approval and Registration Procedures. – The Board is authorized to adopt rules and regulations to facilitate action on applications filed with it; prescribe criteria for the evaluation of several applications filed in one preferred area; and devise standard forms for use of applicants.

SECTION 21. Certificate of Registration. – A registered enterprise under this Code shall be issued a Certificate of Registration with the signature of its Chairman and/or such other officer of the Board as it may empower and designate for the purpose. The Certificate of Registration shall be in such form and style as the board may determine.

SECTION 22. Cancellation of Registration. – Registration will be automatically cancelled for failure to commence operation within 6 months from approval of the application, unless formally extended by the Board for due course but in no case, shall be more than one (1) year from approval of the application.


CHAPTER VI
RIGHTS AND PRIVILEGES

SECTION 22. Rights and Privileges by the City Government. – All investors and registered enterprises are entitled to the rights and guarantees provided by law and the Constitution. In addition to such rights and guarantees, and to enhance investor confidence in the incentives program, the City Government, thru the Olongapo City Investment Board, shall:

a. Provide a concise and comprehensive information to prospective investors on the economic priorities of the City Government, including target investment areas and the general conditions applicable to incoming direct private investments;
b. Communicate investment evaluation criteria and procedures to enhance transparency in the process of granting government incentives;
c. Take the fullest possible account of the need of the investors for stability, growth and profit in their operations in the formulation or modification of policies and ordinances that effect investments;
d. Not interfere or modify arrangements with the investors after the details of the implementation of an investment project has been accepted and approved, and the ownership and management structure of the enterprise has been established unless the law provides otherwise;
e. Avoid undue distortion of competition between or among enterprises operating within its territorial jurisdiction, whether domestic or foreign, when granting any special exemptions or incentives aimed at encouraging investments in the identified target areas;


f. In accordance with law and where no local personnel or worker is capable and available, allow the employment of qualified personnel outside of Olongapo City where this is necessary for the efficient operation of the enterprises or for technology transfer; and
g. Resolve all doubts concerning the benefits and incentives granted under the ordinance enacted for the purpose of encouraging investments, in favor of the investors.


CHAPTER VII
INCENTIVES TO REGISTERED ENTERPRISES

Section 23. Fiscal Incentives to Registered Enterprises. – In addition to the incentives provided by law and by the Local Government Code of 1991, a registered enterprise qualified under this Code shall enjoy the following fiscal incentives:

a. Within three (3) years from the start of commercial operations, a registered enterprise under this Code shall be fully exempt from the Mayor’s permit fees, building permit fees, business taxes, and charges imposed under existing city ordinances. However, all participants to the Incentive Program are still required to secure the Mayor’s Permit and such other permits necessary to operate their business; and
b. Exemption from the basic real property tax due the City, excluding the barangay share, under the Tax Code for a period of two (2) years from the accrual of the real property tax.

SECTION 24. Non-Fiscal Incentives to Registered Enterprises. – Registered enterprises shall be granted the following non-fiscal incentives:

a. Full support of the city government in maintaining industrial peace and security;
b. Assistance in the labor recruitment or manpower sourcing;
c. Assistance in the selection of business site or location;
d. Assistance in dealing with other government agencies; and
e. Other non-fiscal incentives as may be approved by the Board.

SECTION 25. Appropriate Incentives and Support Measures. – The Board shall identify and recommend for the approval of the Sangguniang Panlungsod appropriate incentives and support measures which it shall be willing to extend to targeted investors, to promote priority investment areas and activities.

SECTION 26. Effectivity of Appropriate Incentives and Support Measures. The Board shall review the package of appropriate incentives and support measures every year, provided that the Board may remove an area or activity from the list, at any point, as provided for under Section 13 of this Code.


CHAPTER VIII
APPROPRIATIONS

SECTION 27. Appropriations. – To defray the expenses for personal services, maintenance and other operating expenses and capital outlay necessary for the implementation of the provisions of this Ordinance, an amount of Two Million Pesos (PhP2,000,000.00). Funds shall be sourced through a Supplemental Budget from the General Fund and/or from the 20%

Annual Development Fund of the current fiscal year. Appropriations for the succeeding years shall be included in the regular Annual Budget, upon the recommendation of the Board.


CHAPTER IX
FINAL PROVISIONS

SECTION 28. Penal Clause. – Any violation of the provisions of this Code, existing laws, ordinances, rules and regulations, shall be ground for the cancellation or revocation of the registration of the business and the withdrawal of all the incentives granted under this Code.

SECTION 29. Separability Clause. – The provisions of this Code are hereby declared to be separable and in the event that one or more of the other provisions are held illegal or unconstitutional, the validity of the other provisions shall not be affected.

SECTION 30. Repealing Clause. – Ordinances, executive orders and other local legislation inconsistent with this Ordinance are hereby modified or repealed accordingly.

SECTION 31. Effectivity. – This Ordinance shall take effect immediately upon its approval.

APPROVED UNANIMOUSLY, August 22, 2007.


CYNTHIA G. CAJUDO
City Vice-Mayor & Presiding Officer


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


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


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

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


ANSELMO A. AQUINO ELENA C. DABU
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 R - 117 - APPROVING THE ANNUAL BUDGET OF BARANGAY BARRETTO, CITY OF OLONGAPO FOR THE CALENDAR YEAR 2007

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.


RESOLUTION NO. 117
(Series of 2007)

A RESOLUTION APPROVING THE ANNUAL BUDGET OF BARANGAY BARRETTO, CITY OF OLONGAPO FOR THE CALENDAR YEAR 2007

On motion of Councilor Edwin J. Piano, 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 approve, as it hereby approves the Barangay Budget of Barangay Barretto, City of Olongapo for the Calendar Year 2007 considering that the budget as contained in Barangay Ordinance No. 1, Series of 2007 of Barangay Barretto, upon review by the Sangguniang Panlungsod, has substantially complied with the requirements and limitation set forth under R.A. No. 7160 or the Local Government Code of 1991 and other pertinent issuances, circulars and memoranda with respect to Barangay Budgets following conditions:

The disbursement of 20% Development Fund shall be in accordance with the projects/activities embodied in the Development Plan of the Barangay and an amount equivalent to twenty-percent (20%) of the amount appropriated for such development projects shall be set aside for programs and activities pursuant to Section 287 of Local Government Code of 1991.

Pursuant to Local Budget Circular No. 63 of the Department of Budget & Management dated 22 October 1996, “Barangay Officials shall be compensated in the form of honorarium and subject to availability of funds and the general limitations on personal services; the honorarium rates of said Barangay Officials may be adjusted”. However, such adjusted rates shall not exceed the rate equivalent to the first step of the following salary grades in the City where the barangay belongs:

SG-14 For the Punong Barangay
SG-10 For the Sangguniang Barangay Members, Barangay Secretary and Barangay Treasurer.

That the amount of POWER BILLS appropriated or to be set up for budgetary purposes be mutually agreed upon between that Barangay and the Public Utilities Department (PUD) thru the intercession of the Sangguniang Panlungsod so that outstanding power account and/or current bills of the said Barangay based on its financial capability, may be properly liquidated/settled:

That appropriations herein authorized shall be disbursed strictly in accordance with the purposes for which they were intended subject to existing budgeting, accounting and auditing rules and regulations and compliance thereof shall be the responsibility of the implementing barangay.

And finally, the requirements imposed by City Resolution No. 3, Series of 1996 are fully satisfied. PROVIDED, that the City Accountant is enjoined to observe the above conditions.

APPROVED UNANIMOUSLY, August 22, 2007.


CYNTHIA G. CAJUDO
City Vice-Mayor & Presiding Officer


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


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


SARAH LUGERNA LIPUMANO-GARCIA EDWIN J. PIANO
City Councilor City Councilor

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


ANSELMO A. AQUINO ELENA C. DABU
City Councilor City Councilor


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





Con’t. of Resolution No. 117, Series of 2007.

- 3 -


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 R - 116 - AUTHORIZING THE HONORABLE CITY MAYOR TO REPRESENT THE CITY OF OLONGAPO AND ENTER INTO A CONTRACT OF LOAN WITH THE DBP

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.


RESOLUTION NO. 116
(Series of 2007)

A RESOLUTION AUTHORIZING THE HONORABLE CITY MAYOR JAMES GORDON, JR. TO REPRESENT THE CITY OF OLONGAPO AND ENTER INTO A CONTRACT OF LOAN WITH THE DEVELOPMENT BANK OF THE PHILIPPINES (DBP) IN THE PRINCIPAL AMOUNT OF PESOS ONE HUNDRED FORTY FOUR MILLION (PhP144,000,000.00) FOR THE PURPOSE/S STATED HEREIN AND TO SIGN THE LOAN AGREEMENT, DEED OF ASSIGNMENT, THE PROMISSORY NOTE AND OTHER DOCUMENTS RELATED THERETO

WHEREAS, there is a need to immediately implement a solid waste containerization, collection and transportation system to fully comply with R.A. 9003 and to undertake a complete Feasibility Study and Detailed Planning of the City’s enhance Sanitary Landfill system to promote a cleaner and more sanitized environment in the City;

WHEREAS, there is likewise a need, after the completion of the aforesaid study and planning, to undertake the redevelopment of the City’s Sanitary Landfill system also in line with the requirements of RA 9003 and for the purpose of perfecting an efficient Solid Waste Management System within the City;

WHEREAS, such projects shall require at the outset funding at the level of one hundred forty four million pesos (PhP144,000,000.00) which can be sourced through a loan;

WHEREAS, the Development Bank of the Philippines, the major creditor of the City, has indicated that it is willing to consider providing major funding at the level of One Hundred Forty Four Million Pesos (Php144,000,000.00) for the aforementioned projects

NOW, THEREFORE, on motion of Councilor Marey Beth D. Marzan, with the majority decision of the Members of the Sangguniang Panlungsod present,

RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in the session assembled to authorize, as it is hereby authorizes the Honorable Mayor James Gordon, Jr. to enter into, negotiate and obtain a loan up to the principal amount of One hundred Forty Four Million Pesos (PhP144,000,000.00) from the DBP in behalf of the City for the following purpose/s

1. To finance the acquisition and installation of a waste containerization and collection system including an information and education campaign on community solid waste management amounting to One Hundred Thirty Six Million Pesos (PhP136,000,000.00); and

2. To finance the Feasibility Study and Detailed Planning for the redevelopment of the City’s Sanitary Landfill Facilities amounting to Eight Million Pesos (PhP8,000,000.00)

RESOLVED FURTHER, AS IT IS HEREBY FURTHER RESOLVED, that the Honorable City Mayor James Gordon, Jr., be authorized, as he is hereby authorized, to negotiate and conclude such loan; and, to sign, execute and deliver loan and collateral agreements, promissory notes and such other pertinent papers, instruments, and documents and to do all acts and things necessary, proper and convenient under the premises, for and in behalf of the City.


RESOLVED FINALLY, AS IT IS HEREBY FINALLY RESOLVED, to authorize, as it hereby authorizes the City Mayor James Gordon, Jr. to do, undertake execute and perform the following acts:

1. The assignment of the City’s applicable portion of the Internal Revenue Allotment (IRA), Realty Taxes and other revenues in favor of DBP;

2. The issuance of an authorization/instruction letter to the Department of Budget and Management (the “DBM”) to remit all or a portion of the City’s share of the IRA directly to DBP for deposit to the City’s deposit account thereat;

3. The undertaking not to cause the transfer of the remittance of IRA or any applicable portion thereof by the DBM referred to Section 1, page 2 hereof, from DBP to any other bank without the DBP’s prior consent until the loan and other charges shall have been fully paid;

4. The designation of DBP as its principal depository bank and the opening and maintenance of a deposit account thereof shall be deposited during the term of the loan and payment of its loan obligations shall be debited;

5. The assignment of the appropriate portion of the City’s other revenues with undertaking to remit the same to DBP in case the IRA, realty tax collections, project revenues are insufficient to service the loan amortization.

6. The undertaking of the City to include in its annual budget the required amortizations to service its loan obligations with DBP;

7. The undertaking of the City that it will not incur additional obligation/ indebtedness without the prior written notice sent to DBP.

8. The undertaking of the City to mortgage equipment to be acquired;

9. To mortgage, as security for the loan, properties acceptable to DBP;

RESOLVED, that this Resolution once approved and executed shall be valid and effective until the Loan with DBP has been fully settled and paid.

RESOLVED FINALLY, that copies of this Resolution be furnished the Offices of the City Mayor, the Treasurer, the Auditor, the concerned Development Council and the DBP.

APPROVED, August 22, 2007.


CYNTHIA G. CAJUDO
City Vice-Mayor & Presiding Officer


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


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


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

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


ANSELMO A. AQUINO ELENA C. DABU
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 R - 115 - AUTHORIZING THE HON. CITY MAYOR TO REPRESENT THE CITY OF OLONGAPO AND ENTER INTO A CONTRACT WITH SBMA

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.



RESOLUTION NO. 115
(Series of 2007)

A RESOLUTION AUTHORIZING THE HON. CITY MAYOR TO REPRESENT THE CITY OF OLONGAPO AND ENTER INTO A CONTRACT WITH SUBIC BAY METROPOLITAN AUTHORITY AND OTHER DOCUMENTS RELATED THERETO SUCH AS, BUT NOT LIMITED TO, DONATION OF GARBAGE TRUCKS AND OTHER EQUIPMENT, TO OFFER THE OLONGAPO CITY LANDFILL TO THE LATTER AS THEIR DUMPSITE FOR THEIR WASTE PRODUCTS


WHEREAS, the City of Olongapo has been consistently regarded as one of the cleanest and greenest highly urbanized City in the Philippines;

WHEREAS, the City of Olongapo has received numerous awards in the waste disposal program from the national government and other non-governmental agencies;

WHEREAS, the City of Olongapo has taken steps like promotion of reduce, reuse and recycle program for solid waste management program of the City, “tapat ko, linis ko program”, timely garbage collection and the likes that help the sanitation workers in keeping the City clean thereby reducing the health-related problems that may arise out of filthy environs;

WHEREAS, there is a need to immediately implement a solid waste containerization, collection and transportation system to fully comply with RA 9003;

WHEREAS, Subic Bay Metropolitan Authority may help in ensuring the cleanliness of Olongapo City and compliance with RA 9003 as the former may use the Olongapo City Landfill as their dumpsite for their waste products;

NOW, THEREFORE, upon the joint motion of Councilors Angelito W. Baloy and Marey Beth D. Marzan with the unanimous accord of the Members of the Sangguniang Panlungsod present,

RESOLVED, AS IT IS RESOLVED, by the Sangguniang Panlungsod in session assembled, to authorize, as it hereby authorizes the Hon. City Mayor to represent the City of Olongapo and enter into a contract with Subic Metropolitan Authority and other documents related thereto such as, but not limited to, donation of garbage trucks and other equipment, to offer the Olongapo City Landfill to SBMA as their dumpsite for their waste products.

Let copies of this resolution be furnished to the Administrator and CEO of Subic Bay Metropolitan Authority for their information and guidance.

APPROVED UNANIMOUSLY, August 22, 2007.


CYNTHIA G. CAJUDO
City Vice-Mayor & Presiding Officer


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


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


SARAH LUGERNA LIPUMANO-GARCIA EDWIN J. PIANO
City Councilor City Councilor

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


ANSELMO A. AQUINO ELENA C. DABU
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 R - 114 - APPROVING THE ACQUISITION OF A DREDGING MACHINE FOR THE USE OF REGULAR DESILTING / DREDGING AND MAINTENANCE OF ALL RIVERS IN 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.

RESOLUTION NO. 114
(Series of 2007)

A RESOLUTION APPROVING THE ACQUISITION OF A DREDGING MACHINE FOR THE USE OF REGULAR DESILTING / DREDGING AND MAINTENANCE OF ALL RIVERS IN THE CITY


WHEREAS, Assistant City Engineer, OIC Narciso L. Martinez Jr. recommended that the City acquire it’s own dredging machine to be used for the regular desilting/ dredging and maintenance of all Rivers in the City;

WHEREAS, all the rivers in the City (Sta. Rita River, Mabayuan River, Cabalan River, East Bajac-Bajac Channel, Drainage Channel, Jadjad River) converge in Kalaklan River;

WHEREAS, the City had already spent millions of pesos for the desilting/ dredging of all Rivers in the City but the desired original depth is not attained. Thus, the acquisition of the said machine will generate savings for the City in this particular project;

NOW, THEREFORE, on joint motion of City Councilors Anselmo A. Aquino, Edwin Piano, and Rodel Cerezo 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 approve, as it hereby approves the acquisition of a dredging machine for the use of regular desilting/dredging and maintenance of all Rivers in the City;

Let copy of the City Mayor’s letter dated July 24, 2007 to Vice Mayor and Presiding Officer and the Members of the Sangguniang Panlungsod, this City can be made an integral part on this resolution



APPROVED UNANIMOUSLY, August 22, 2007.


CYNTHIA G. CAJUDO
City Vice-Mayor & Presiding Officer


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


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


SARAH LUGERNA LIPUMANO-GARCIA EDWIN J. PIANO
City Councilor City Councilor

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


ANSELMO A. AQUINO ELENA C. DABU
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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