2009 O - 25 - SANCTIONING THE MODERNIZATION AND PROFESSIONALIZATION OF THE PUD THROUGH PRIVATIZATION BY WAY OF PRIVATE SECTOR PARTICIPATION

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON JULY 9, 2009 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. Sarah Lugerna Lipumano-Garcia- - “ “
Hon. Edwin J. Piano - - - - “ “
Hon. Anselmo A. Aquino- - - - “ “
Hon. Elena C. Dabu- - - - - - “ “
Hon. Jonathan G. Manalo- - - “ “
Hon. Cheenee F. Hoya- - - - SK Federation President

ABSENT:

Hon. Angelito W. Baloy - - City Councilor(Sick Leave)
Hon. Aquilino Y. Cortez, Jr.- - - - City Councilor
Hon. Carlito A. Baloy - - - - - President, Liga ng mga Barangay (Sick Leave)

WHEREAS, in the year 2000, there is a recognized public need to rehabilitate, expand and modernize the operations of the City’s Public Utilities Department (PUD), while addressing its fiscal concerns, in order to sufficiently address the growing public demand for reliable and efficient electric services;

WHEREAS, there are standing operative City Council resolutions which mandate the implementation of a rational program for PUD’s modernization through privatization or by way of private sector participation, either through divestment/sale or Build-Operate-Transfer (BOT) arrangements;

WHEREAS, existing and operative City Council resolutions evince that private sector participation to increase the professional operation and to enhance the efficiency of PUD is indispensable and thus, has long been an approved initiative;

WHEREAS, there is a need to take measures to implement the modernization of PUD with private sector participation, with public welfare and protection as the primary guiding principle;

WHEREAS, it shall be insured that all terms and conditions in connection with any modernization and or privatization shall be favourable and beneficial to the City;

NOW, THEREFORE, on motion of Councilor Jonathan G. Manalo, 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. 25
(Series of 2009)

AN ORDINANCE SANCTIONING THE MODERNIZATION AND PROFESSIONALIZATION OF THE PUBLIC UTILITIES DEPARTMENT (PUD) THROUGH PRIVATIZATION BY WAY OF PRIVATE SECTOR PARTICIPATION THROUGH DIVESTMENT/SALE OR BUILD-OPERATE-TRANSFER (BOT) ARRANGEMENTS


SECTION 1. TITLE - This ordinance shall be known as “An Ordinance Sanctioning The Modernization And Professionalization Of The Public Utilities Department (PUD) Through Privatization By Way Of Private Sector Participation Through Divestment/Sale Or Build-Operate- Transfer (BOT) Arrangements.”

SECTION 2. MANNER / MODE OF MODERNIZATION – It shall be ensured that the manner and mode of modernization and professionalization of the Public Utilities Department by way of Private Sector Participation through Divestment/Sale or Build-Operate-Transfer (BOT) shall be effected with due consideration to and in compliance with the pertinent laws, rules and regulations, including but not limited to the Department of Finance (DOF) and the Commission on Audit (COA) issuances.

It shall also be ensured that the terms and conditions for the modernization of the PUD shall first be subject to review and approval of the Legislative Council to ensure that the same, if made, be in the best interests of public welfare.

SECTION 3. EFFECTIVITY - This ordinance shall be effective after due publication on newspaper of general circulation in Olongapo City and posting for a period of fifteen (15) days in at least three (3)conspicuous public places in the City.

APPROVED, July 9, 2009.


CYNTHIA G. CAJUDO
City Vice-Mayor & Presiding Officer

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

RODEL S. CEREZO *SARAH LUGERNA LIPUMANO-GARCIA
City Councilor City Councilor

EDWIN J. PIANO ANGELITO W. BALOY
City Councilor City Councilor
(Sick Leave)

*Out during votation

AQUILINO Y. CORTEZ, JR ANSELMO A. AQUINO
City Councilor City Councilor
(Absent)

ELENA C. DABU JONATHAN G. MANALO
City Councilor City Councilor

CARLITO A. BALOY CHEENEE F. HOYA
President, Liga ng mga Barangay SK Federation President
(Sick Leave)


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