2011 R - 010 - AUTHORIZING THE CITY MAYOR TO NEGOTIATE A LOAN CONTRACT WITH THE DBP IN THE AMOUNT OF PHP300,000,000.00

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON FEBRUARY 16, 2011 AT THE CITY HALL.

PRESENT:

Hon. Rolen C. Paulino -- - City Vice & Presiding Officer

Hon. Rodel S. Cerezo -- - City Councilor

Hon. Eyrma Yvette Marzan- Estrella - - “ “

Hon. Aquilino Y. Cortez, Jr. -- “ “

Hon. Gina Gulanes-Perez - - “ “

Hon. Elena C. Dabu -- - “ “

Hon. Eduardo J. Piano -- - “ “

Hon. Edna A. Elane - - - - “ “

Hon. Noel E. Atienza -- “ “

Hon. Sarah Lucerna Lipumano-Garcia - - “ “

Hon. Carlito A. Baloy - - President, Liga ng mga Barangay

Hon. Dolly Mae M. Ramos -- SK Federation President

ABSENT:

Hon. James G. Delos Reyes - - - -- City Councilor

RESOLUTION NO. 10

(Series of 2011)

A RESOLUTION AUTHORIZING THE HON. CITY MAYOR JAMES BONG GORDON, JR. TO NEGOTIATE A LOAN CONTRACT WITH THE DEVELOPMENT BANK OF THE PHILIPPINES (DPB) IN THE AMOUNT OF THREE HUNDRED MILLION PESOS (PHP300,000,000.00), AND SECURE THE BEST POSSIBLE TERMS FOR THE SANITARY LANDFILL DEVELOPMENT PROGRAM, IN A MANNER COMPLAINT WITH PERTINENT LAWS

WHEREAS, Republic Act No. 9003 (RA 9003), otherwise known as the ‘Solid Waste Management Act of 2000’ mandates all Local Government Units to establish and develop a Sanitary Landfill Facility which is deemed as an indispensable component of a genuine efforts towards enhancing environmental protection, conservation and maintaining ecological balance;

WHEREAS, Ra 9003 requires all LGU’s to divert twenty-five percent (25%) of all solid waste to waste disposal system or a Sanitary Landfill with its complementing components of a Material Recovery Facility (MRF) and a Buy-back center which is key to recycling efforts, which shall be augmented by education to the citizenry and local institutions;

WHEREAS, a Sanitary Landfill Development Program shall ensure and facilitate the utilization of environmentally-sound methods that maximize and encourage resource conservation and recovery;

WHEREAS, a Sanitary Landfill Development Program is long-term looking and beneficial to both the City present and future generations as it would cause immense environmental and health benefits to local communities, serve as an impetus to generate livelihood through the recycling industry, and is clearly both long-term looking, would outweigh immediate-term costs incurred, and would help preserve the current low costs of garbage collection and the City’s sanitation initiatives;

WHEREAS, the development of a Sanitary Landfill Facility involves a long-term process of studies, and groundwork initiatives and mustering enough technical and financial resources;

WHEREAS, even prior to the passage of RA 9003, the City has already undertaken to lay the groundwork for the development of a proper solid waste management facility which includes, among others, the conduct of an Urban environment and Solid Waste management Study conducted under the direction and administration of the World Bank covering the periods of from 1993 to 1995;

WHEREAS, the City’s subsequent initiatives to lay the groundwork for the development of a Sanitary Landfill Facility after the passage of RA 9003, the most notable of which include, among others: (a) improvement of solid waste containerization Program; (b) a feasibility study to ensure that what would be under taken is the most viable means of developing the facility without compromising the City’s order equally important and pressing social services; (c) as required in the City’s application for an Environmental Compliance Certificate (ECC) with respect to the development of the required solid waste management facility, it has undertaken an environmental examination, information and education campaign; (d) coordinate with, and requested, a geological scoping survey from the Mines and Geosciences Bureau; (e) competed the engineering geological and geo-hazard assessment report; (f) submitted the required environmental examination report to the Environment Management Bureau (EMB) for screening ; (g) made submissions of the required documents pertinent to the ECC-application to the EMB; (h) submitted the existing controlled dumpsite facility to EMB inspection and evaluation; (i) submitted to EMB for evaluation of its ECC application pertinent to the requirements under RA 9003; and its (j) Compost-Reuse-Reduce-Recycle (CR3) initiative;

WHEREAS, the City’s Environment Sanitation Management Office (ESMO) has already met with the Department of Environment and Natural Resources (DENR) EMB for a technical coordination to ensure that safety nets are duly considered and ensure such as, but not limited to: (a) prevention of permeation of waste elements to soil; (b) prevention of waste seeping to nearby water system; and (c) ensuring that the Programs complies with all legal safety requisites and shall therefore be made subject to close monitoring by the DENR;

WHEREAS, other than the legal necessity for the City to endeavor in a Sanitary Landfill Development Program, other the practical necessity to endeavor in the said Program by reason of the fact that initial closure orders have been sent initially to thirty-two (32) Mayors and would be sent to eight hundred twenty-six (826) jurisdictions in sixty-eighth (68) provinces with open and controlled dumpsites, and other than the pressing need to avert the closure of our own dumpsites which will force us to plead and contract with other compliant jurisdictions to accept our solid wastes for a substantial fee, other than the need to protect the City’s constituents from the shouldering skyrocketing garbage costs which would be brought about by the closure of our dumpsite which shall be affected by the DENR should the City fail to endeavor in a Sanitary Landfill Development Program, the City’s inter-generational responsibility to the present and future generations to maintain ecological balance and environmental conservation require that the City secure the necessary funding, for the full implementation of RA9003;

WHEREAS, the needed investment to give reality to the Sanitary Landfill Development Program under RA 9003, with its complementing components of a Central MRF and a Buy-back Center, necessitate that the City generate funds, exclusive of equity, which as per the pertinent study would cost Three Hundred Million Pesos (PHP 300,000,000.00), which is indispensable in averting a potential garbage crisis;

WHEREAS, as per DBP eligibility evaluation, the City and its Sanitary Land fill Development Program is eligible for its DBP-Environmental Development Program which, in turn, could facilitate the implementation of the Sanitary Landfill Development Program with DBP which has been the City’s long-time partner in its development Programs;

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

RESOLVED, AS IT HEREBY RESOLVED, by the Sangguniang Panlunsod in session assembled, to authorize, as it hereby authorizes the Hon. City Mayor James Bong Gordon, Jr. to negotiate a loan contract with the Development Bank of the Philippines (DBP) in the amount of three hundred million Pesos (PHP 300,000,000.00), and secure the best possible terms for the Sanitary Landfill Development Program, in a manner compliant with patient laws.

Let copies of this resolution be furnished to the Office of the City Mayor, the City Treasurer’s office, the concerned Development Council and the Development Bank of the Philippines.

APPROVED UNANIMOUSLY, February 16, 2011.