2013 R - 18 - AUTHORIZING MAYOR JAMES GORDON, JR. TO ENTER INTO ACCESSION UNDERTAKING IN ACCORDANCE WITH THE ASSET PURCHASE AGREEMENT (APA); RATIFYING CHANGE FROM CAGAYAN ELECTRIC POWER AND LIGHT COMPANY, INC. (CEPALCO) TO OLONGAPO ELECTRICITY DISTRIBUTION COMPANY, INC. (OEDC)

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON FEBRUARY 27, 2013 AT THE CITY HALL.

  

PRESENT:

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

Hon. Rodel S. Cerezo -  City Councilor 

Hon. Eyrma Yvette Marzan-Estrella-   “        “

Hon. Aquilino Y. Cortez, Jr. - “        “

Hon. James G. de los Reyes - - “       “

Hon. Gina Gulanes-Perez- -“       “

Hon. Elena C. Dabu -  “       “

Hon. Eduardo J. Piano- - “       “

Hon. Edna A. Elane  - - “       “

Hon. Noel Y. Atienza - “       “

Hon. Sarah Lugerna Lipumano-Garcia-“       “

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

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

ABSENT:

 None.

RESOLUTION NO.  18

(Series of 2013)

A RESOLUTION AUTHORIZING MAYOR JAMES GORDON, JR. TO ENTER INTO ACCESSION UNDERTAKING IN ACCORDANCE WITH THE ASSET PURCHASE AGREEMENT (APA); RATIFYING CHANGE FROM CAGAYAN ELECTRIC POWER AND LIGHT COMPANY, INC. (CEPALCO) TO OLONGAPO ELECTRICITY DISTRIBUTION COMPANY, INC. (OEDC)

WHEREAS, APA was entered into by and between the City Government and CEPALCO by virtue of City Resolution No. 60, Series of 2010;

WHEREAS, APA provides that after signing date, the Original Sponsor CEPALCO will set up a subsidiary or project company that will directly exercise the rights and carry out CEPALCO’s obligations under APA, all parties executing the Accession Undertaking provided under Schedule 12;

NOW, THEREFORE, on motion of City Councilor Gina Gulanes-Perez, 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 authorize as it hereby authorizes the Honorable City Mayor James Gordon, Jr. to enter into  Accession Undertaking in accordance with the Asset Purchase Agreement (APA); ratifying  change from Cagayan Electric Power And Light Company, Inc. (CEPALCO)  to Olongapo Electricity Distribution Company, Inc. (OEDC) for all legal intents in all manners consistent with law.

APPROVED, February 27, 2013. 

2013 R - 17 - REITERATING ALLOCATION OF PAYMENT FOR POWER SECTOR ASSETS AND LIABILITIES MANAGEMENT CORPORATION (PSALM) AND FOR THE PUBLIC UTILITIES DEPARTMENT (PUD) PERSONNEL FROM THE ASSET PURCHASE AGREEMENT (APA) PROCEEDS

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE

SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON

FEBRUARY 27, 2013 AT THE CITY HALL.

PRESENT:

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

Hon. Rodel S. Cerezo - - City Councilor 

Hon. Eyrma Yvette Marzan-Estrella-     “        “

Hon. Aquilino Y. Cortez, Jr. -    “        “

Hon. James G. de los Reyes - “       “

Hon. Gina Gulanes-Perez- -  “       “

Hon. Elena C. Dabu -  “       “

Hon. Eduardo J. Piano-  “       “

Hon. Edna A. Elane  - -   “       “

Hon. Noel Y. Atienza -  “       “

Hon. Sarah Lugerna Lipumano-Garcia- -  “       “

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

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

ABSENT:

 None.

RESOLUTION NO.  17

(Series of 2013)

A RESOLUTION REITERATING ALLOCATION OF PAYMENT FOR POWER SECTOR  ASSETS  AND  LIABILITIES  MANAGEMENT  CORPORATION

(PSALM)  AND FOR  THE  PUBLIC  UTILITIES  DEPARTMENT (PUD)

PERSONNEL FROM  THE ASSET PURCHASE AGREEMENT (APA) PROCEEDS

WHEREAS, APA was entered into by and between the City Government and CEPALCO by virtue of City Resolution No. 60, Series of 2010;

WHEREAS, APA and City Resolution No. 60,  Series of 2010 state that portion of the proceeds shall be for payment of National Power Corporation (NAPOCOR) /PSALM and for the compensation of PUD employees subject to official Civil Service Commission approved computation and compensation package;

NOW, THEREFORE, 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 reiterate, as it  hereby reiterates, allocation of payment for the National Power Corporation (NAPOCOR)/Power Sector Assets and Liabilities Management Corporation (PSALM) and for the Public Utilities Department (PUD) personnel from  the Asset Purchase Agreement (APA) proceeds, in all manners consistent with law.

APPROVED UNANIMOUSLY, February 27, 2013. 

2012 R - 071 - SUPPLEMENTING THE ASSET PURCHASE AGREEMENT BETWEEN THE CITY AND THE PRIVATE SECTOR AS REQUIRED BY THE COMMISSION ON AUDIT AND EXTENDING ITS “SUNSET DATE”, TO ENSURE PROPER AND SUFFICIENT PROVISION FOR THE CITY’S ELECTRICITY NEEDS AND TO ACCOMPLISH THE FULL UPGRADING MODERNIZATION AND ENHANCEMENT OF POWER PUBLIC UTILITY SERVICE, IN A MANNER CONSISTENT WITH LAW

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON JUNE 20, 2012 AT THE CITY HALL.

PRESENT:

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

Hon. Rodel S. Cerezo - - - City Councilor

Hon. Eyrma Yvette Marzan-Estrella - - “        “

Hon. Aquilino Y. Cortez, Jr. - - - - - “        “

Hon. James G. Delos Reyes - “        “

Hon. Gina Gulanes-Perez - - “        “

Hon. Elena C. Dabu - - -   “        “

Hon. Eduardo J. Piano - - - - -  “        “

Hon. Edna A. Elane - - - - -   “        “

Hon. Noel Y. Atienza - - -  “        “

Hon. Sarah Lugerna Lipumano-Garcia - -  “        “

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

ABSENT:

Hon. Carlito A. Baloy - - President, Liga ng mga Barangay (Sick Leave)

RESOLUTION NO. 71

(Series of 2012)

A RESOLUTION SUPPLEMENTING THE ASSET PURCHASE AGREEMENT BETWEEN THE CITY AND THE PRIVATE SECTOR AS REQUIRED BY THE COMMISSION ON AUDIT AND EXTENDING ITS “SUNSET DATE”, TO ENSURE PROPER AND SUFFICIENT PROVISION FOR THE CITY’S ELECTRICITY NEEDS AND TO ACCOMPLISH THE FULL UPGRADING MODERNIZATION AND ENHANCEMENT OF POWER PUBLIC UTILITY SERVICE, IN A MANNER CONSISTENT WITH LAW

WHEREAS, as per survey by the Public Utilities Department, the city is among the remaining local government units in the country engaged in the operation and maintenance of an electric/power utility, and has among the lowest electricity rates in the region;

WHEREAS, given the recent developments in power utility operations, there is a need to upgrade and modernize the existing ageing power facilities of the city and address the technical needs necessary to provide sufficient electric power supply to the local community, which require substantial capitalization and a vast resource base;

WHEREAS, an Asset-Purchase Agreement (APA) was engaged in by the city and the private sector, in an effort to address the ever growing power needs of the city, which increased electricity consumption needs and the need for enhanced facilities and services is a common and prevalent trend in the country;

WHEREAS, the Commission on Audit has already reviewed the “APA” and has directed the city to supplement the existing “APA” with the provisions in its “audit observations” to ensure the complete legality of the “APA” and its implementation in a manner compliant with pertinent laws, rules and regulations, and to ensure its consonance with the best public interest and public welfare;

WHEREAS, to date, the private sector partner, the Cagayan Electric Power and Light Company, Inc. (CEPALCO) has already infused substantial capital in assisting in the upgrade of sections of the power facilities of the city which is the reason for the current stabilizing power service to the local community;

WHEREAS, there is a need to extend the agreed “sunset” date to December 15, 2013 to allow the Public Utilities Department and the private sector partner ample time to continue and finish the undertaken upgrade, enhancement and modernization of current facilities to provide responsive sufficient supply to the people of Olongapo City;

WHEREAS, to address fears of potential arbitrary, unconscionable, oppressive or baseless price increases in the costs of electric consumption, the city manifests its categorical stance that it shall support any rational and legitimate initiative before the Energy Regulatory Commission to block and combat any such arbitrary, unconscionable, oppressive or baseless price increase in the costs of electric consumption which would be anathema to the best interest and welfare of the community;

WHEREAS, the private sector has headed the demand of the city, and has manifested that it shall follow the process and legal requirements with the Energy Regulatory Commission, with the required consultations with the local community and shall exercise maximum prudence and restaurant in effecting any changes in the current electric service set-up in the event that any agreement with it is perfected and fully consummated;

NOW, THEREFORE, on motion of City Councilor Gina Gulanes-Perez with the majority decision of the Members of the Sangguniang Panlungsod present; 

RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungosd in session assembled, to supplement as it hereby supplements, the Asset Purchase Agreement between the City and the Private Sector as required by the Commission on Audit and extending its “Sunset Date”, to ensure proper and sufficient provision for the City’s electricity needs and to accomplish the full upgrading modernization and enhancement of Power Public Utility Service, in a manner consistent with Law.

APPROVED, June 20, 2012.