2009 R - 115 - AUTHORIZING THE HON. MAYOR GORDON TO REPRESENT THE CITY OF OLONGAPO AND ENTER INTO A CONTRACT OF LOAN WITH THE DBP IN THE PRINCIPAL

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON AUGUST 19, 2009 AT THE CITY HALL.

PRESENT:

Hon. Cynthia G. Cajudo - - City Vice-Mayor & Presiding Officer
Hon. Gina Gulanes-Perez - - - City Councilor
Hon. Rodel S. Cerezo - - - - - - “ “
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. Jonathan G. Manalo- - - - “ “
Hon. Cheenee F. Hoya- - - SK Federation President

ABSENT:

Hon. John Carlos G. Delos Reyes- - - City Councilor
Hon. Carlito A. Baloy - - President, Liga ng mga Barangay

RESOLUTION NO. 115
(Series of 2009)

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 EIGHTY ONE MILLION PESOS (PHP81,000,000.00) FOR THE PURPOSE/S STATED HEREIN AND TO SIGN THE LOAN AGREEMENT, DEED OF ASSIGNMENT, THE PROMISSORY NOTE AND OTHER DOCUMENTS RELATED THERETO

WHEREAS, the City Council adopted Resolution No. 181, Series of 2008 approving the acquisition of Dredging Machine for the use of regular desilting and maintenance of all rivers in the City;

WHEREAS, the acquisition of such machinery forms part of the flood control program of the City and shall be partially appropriated in the yearly mitigating project of the Disaster Coordinating Council and that there is a urgent need in order to prevent or minimize floods and disasters in the City;

WHEREAS, the equipment specified as :

(1) One unit versi dredge with star wheel drive - PhP67,500,000.00
(2) One unit sewer drainage vacuum cleaner and declogging machine- PhP13,500,000.00
TOTAL - PhP81,000,000.00

shall require funding at the level of Eighty One Million Pesos (PhP81,000,000.00) which can be sourced through a loan;

NOW, THEREFORE, on motion of Councilor Jonathan G. Manalo co-sponsored by Councilors Edwin J. Piano and Anselmo A. Aquino 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 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 Eighty One Million Pesos (PhP81,000,000.00) from the DBP in behalf of the City for the following purpose:

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

2. The issuance of an authorization/instruction letter to the Department of Budget and Management (DBP) to remit all or a portion of the City 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 portion thereof by the DBM from DBP to any other bank without the DBP’s prior written 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 (The “Deposit Account”) with DBP where the City’s share in IRA or a portion 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 of 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 obligation with DBP;

7. The undertaking of the City that it will not incur additional obligation/indebtedness without the prior written consent of DBP which consent will not be unreasonably withheld;

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

APPROVED, August 19, 2009.


CYNTHIA G. CAJUDO
City Vice-Mayor & Presiding Officer


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


RODEL S. CEREZO SARAH LUGERNA LIPUMANO-GARCIA
City Councilor City Councilor
(Opposed)

EDWIN J. PIANO ANGELITO W. BALOY
City Councilor City Councilor

AQUILINO Y. CORTEZ, JR ANSELMO A. AQUINO
City Councilor City Councilor


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


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


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

2008 R - 168 - AUTHORIZING THE CITY MAYOR AND THE CITY TREASURER TO REPRESENT THE CITY OF OLONGAPO TO 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 OCTOBER 22, 2008 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. Aquilino Y. Cortez, Jr.- - - - - - - - - - - - - - - - “ “
Hon. Anselmo A. Aquino- - - - - - - - - - - - - - - - - - “ “
Hon. Elena C. Dabu- - - - - - - - - - - - - - - - - - - - - - “ “
Hon. Jonathan G. Manalo- - - - - - - - - - - - - - - - - - “ “
Hon. Carlito A. Baloy - - - - - - - - - - - - - - - - - - - - President, Liga ng mga Barangay
Hon. Cheenee F. Hoya- - - - - - - - - - - - - - - - - - - - SK Federation President

ABSENT:

Hon. Angelito W. Baloy - - - - - - - - - - - - - - - - - - City Councilor
(Sick Leave)

RESOLUTION NO. 168
(Series of 2008)

A RESOLUTION AUTHORIZING THE CITY MAYOR AND THE CITY TREASURER TO REPRESENT THE CITY OF OLONGAPO TO ENTER INTO A CONTRACT OF LOAN WITH THE DEVELOPMENT BANK OF THE PHILIPPINES (DBP) IN THE PRINCIPAL AMOUNT OF TWENTY FOUR MILLION NINE HUNDRED SIXTY NINE THOUSAND ONE HUNDRED FORTY PESOS (PhP24,969.140.00) FOR THE CITY’S DEVELOPMENT PROGRAMS AND TO SIGN THE LOAN AGREEMENT, DEED OF ASSIGNMENT, THE PROMISORY NOTE
AND OTHER DOCUMENTS RELATED THERETO.

WHEREAS, as per letter dated 25 June 2008 of the City Mayor to Ms.Severa Minda Ruckenbrod, Acting Branch Head of DBP, proceeds of the loan will be distributed to the following city’s development programs and projects;

Mandatory Requirements:

20% Development Fund - - - - - - - - - PhP 4,993,828.00
5% Calamity Fund - - - - - - - - - - - - - 1,248,457.00

10 % Increase Over Basic

Monthly salary effective July 1 - - - - - - PhP 11,035,356.00

Community Based Monitoring System - - PhP 1,500,000.00

Computerization Project ( Phase II) - - - - PhP 5,941,499.00

Repair of L-300 Van (City Council) - - - - - - PhP 250,000.00

TOTAL - - - - - - - - - - - - - - - - - - - - -PhP 24,969,140.00

WHEREAS, this in effect supersedes Resolution No. 98, Series of 2008.

NOW, THEREFORE, on motion of Councilor Jonathan G. Manalo, 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 authorize the City Mayor and the City Treasurer of the City of Olongapo to enter into, negotiate and obtain a loan in the principal amount of Twenty Four Million Nine Hundred Sixty Nine Thousand One Hundred Forty Pesos only (PhP24,969.140.00) from DBP in behalf of the City of Olongapo for the City’s Development Program, a priority project of the City.

RESOLVED, that the City Mayor and the City Treasurer whose names and signatures appear hereunder be authorized, as they are hereby authorized, to negotiate and conclude such loan, 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:

NAME SPECIMEN SIGNATURE

_____________________ _____________________
JAMES J. GORDON JR.

_____________________ _____________________
MARCELINO D. ANDAWI

RESOLVED, to authorize as it hereby authorizes the City to do, undertake, execute and perform the following acts:

1. The continuing assignment of the City’s applicable portion of the Internal Revenue Allotment (IRA), Realty Taxes and other 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 threat;

3. The undertaking not to cause transfer of the remittance of IRA or any portion thereof by the DBM from DBP to any other bank without the DBP’s prior written 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 (the “Deposit Account”) with DBP where the City’s share in IRA or a portion thereof shall be deposited during the term of the loan and payments of its obligation 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 amortization to service its loan obligations with 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 Office of the City Mayor, the City Treasurer’s Office, the Auditor’s Office, the concerned Development Council and DBP.

APPROVED UNANIMOUSLY, October 22, 2008.


CYNTHIA G. CAJUDO
City Vice-Mayor & Presiding Officer


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

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

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

AQUILINO Y. CORTEZ, JR ANSELMO A. AQUINO
City Councilor City Councilor

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

CARLITO A. BALOY CHEENEE F. HOYA
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

2008 R - 63 - RATIFYING THE CONTRACT OF LOAN WITH THE PRINCIPAL AMOUNT OF PHP143,800,000.00 ENTERED INTO BY THE OLONGAPO CITY GOVERNMENT WITH THE DBP

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON MAY 7, 2008 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. 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. Cheenee F. Hoya - - - - - - - - - - - - - - - - - - - - SK Federation President

ABSENT:

None.

RESOLUTION NO. 63
(Series of 2008)

A RESOLUTION RATIFYING THE CONTRACT OF LOAN WITH THE PRINCIPAL AMOUNT OF ONE HUNDRED FORTY-THREE MILLION EIGHT HUNDRED THOUSAND PESOS (PHP143,800,000.00) ENTERED INTO BY THE OLONGAPO CITY GOVERNMENT WITH THE DEVELOPMENT BANK OF THE PHILIPPINES (DBP)

WHEREAS, the Olongapo City Government entered into a Contract of Loan with the Development Bank of the Philippines;

WHEREAS, the principal amount is One Hundred Forty-Three Million Eight Hundred Thousand Pesos;

WHEREAS, the said amount will be utilized for the immediate implementation of the 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 enhanced Sanitary Landfill system to promote a cleaner and more sanitized environment in the City;

NOW, THEREFORE, on motion of Councilor Aquilino Y. Cortez, Jr., and co-sponsored by Councilors Gina G. Perez, John Carlos G. delos Reyes, Rodel S. Cerezo, Edwin J. Piano, Angelito W. Baloy, Anselmo A. Aquino, Elena C. Dabu, Carlito A. Baloy and Cheenee F. Hoya 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 ratify, as it hereby ratifies the Contract of Loan with the principal amount of One Hundred Forty-Three Million Eight Hundred Thousand Pesos (PhP143,800,000.00) entered into by the Olongapo City Government with the Development Bank of the Philippines (DBP).

APPROVED, May 7, 2008.

CYNTHIA G. CAJUDO
City Vice-Mayor & Presiding Officer


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

RODEL S. CEREZO SARAH LUGERNA LIPUMANO-GARCIA
City Councilor City Councilor
(Opposed)

EDWIN J. PIANO ANGELITO W. BALOY
City Councilor City Councilor


AQUILINO Y. CORTEZ, JR ANSELMO A. AQUINO
City Councilor City Councilor


ELENA C. DABU CARLITO A. BALOY
City Councilor President, Liga ng mga Barangay


CHEENEE F. HOYA
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

2008 R - 37 - AUTHORIZING MAYOR JAMES GORDON, JR. AND CITY TREASURER MR. ANDAWI TO REPRESENT THE CITY OF OLONGAPO AND ENTER INTO A CONTRACT OF LOAN

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON MARCH 12, 2008 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. Angelito W. Baloy - - - - - - - - - - - - - - - - - - “ “
Hon. Aquilino Y. Cortez, Jr. - - - - - - - - - - - - - - - - “ “
Hon. Elena C. Dabu - - - - - - - - - - - - - - - - - - - - - “ “
Hon. Cheenee F. Hoya - - - - - - - - - - - - - - - - - - - - SK Federation President

ABSENT:

Hon. Anselmo A. Aquino - - - - - - - - - - - - - - - - - - City Councilor
Hon. Carlito A. Baloy- - - - - - - - - - - - - - - - - - - - - President, Liga ng mga Barangay


RESOLUTION NO. 37
(Series of 2008)

A RESOLUTION AUTHORIZING THE HONORABLE CITY MAYOR JAMES GORDON, JR. AND CITY TREASURER MARCELINO ANDAWI 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 ONE HUNDRED FORTY-THREE MILLION EIGHT HUNDRED THOUSAND PESOS (PHP143,800,000.00) 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 enhanced 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 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-three Million Eight Hundred Thousand Pesos (PhP143,800,000.00) 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 in the amount of One Hundred Forty-three Million Eight Hundred Thousand Pesos (PhP143,800,000.00) for the aforementioned projects;

WHEREAS, it is hereby requested that the One Hundred Forty-three Million Eight Hundred Thousand Pesos (PhP143,800,000.00) shall be treated as a Supervised Loan;

NOW, THEREFORE, on motion of 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 the session assembled to authorize, as it is hereby authorizes the Honorable Mayor James Gordon, Jr. and City Treasurer Marcelino Andawi to enter into, negotiate and obtain a loan up to the principal amount of One Hundred Forty-three Million Eight Hundred Thousand Pesos (PhP143,800,000.00) from the DBP in behalf of the City for the following purpose/s:

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 PhP136,600,000.00;

To finance the Feasibility Study and Detailed Planning for the redevelopment of the City’s Sanitary Landfill Facilities amounting to PhP7,200,000.00;

That the Honorable Mayor James Gordon, Jr. and City Treasurer Marcelino Andawi be authorized to 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 FURTHER, AS IT IS HEREBY FURTHER RESOLVED, to authorize, as it hereby authorizes the Honorable Mayor James Gordon, Jr. and City Treasurer Marcelino Andawi to do, undertake execute and perform the following acts:

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

The obligation of the LGU is binding and shall not be subject to recall by its concerned Sanggunian while the Loan with DBP is still outstanding, regardless of the change of its composition;

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

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;

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;

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

To execute unregistered chattel mortgage on the new vehicles and hydraulic lifting device;

To change schedule of previous loans as follows:

a) Retail Livelihood Project Loan - principal payment - from 23 equal quarterly principal installments of P2,625,000.00 to 23 variable principal installments

b) Civic Center- from semi-annual installments of P1,467,428.57 to quarterly installments of P733,714.29

c) Civic Center AVR Equipment – from semi-annual installments of P700,000.00 to quarterly installments of P350,000.00

d) Power Distribution System – from semi-annual installments of P481,481.48 to quarterly installments of P240,740.74.

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


APPROVED, March 12, 2008.



CYNTHIA G. CAJUDO
City Vice-Mayor & Presiding Officer


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


RODEL S. CEREZO SARAH LUGERNA LIPUMANO-GARCIA
City Councilor City Councilor
(Opposed)


EDWIN J. PIANO ANGELITO W. BALOY
City Councilor City Councilor


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


ELENA C. DABU CARLITO A. BALOY
City Councilor President, Liga ng mga Barangay
(Absent)


CHEENEE F. HOYA
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

2007 R - 185 - AUTHORIZING THE HONORABLE CITY MAYOR TO REPRESENT THE CITY OF OLONGAPO TO ENTER INTO A CONTRACT OF LOAN WITH THE LAND BANK

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON NOVEMBER 28, 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. 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. Robine Rose C. Buenafe- - - - - - - - - - - - - - - SK Federation President
ABSENT:

Hon. Marey Beth D. Marzan- - - - - - - - - - - - - - - - City Councilor
(On Official Business)
Hon. Carlito A. Baloy- - - - - - - - - - - - - - - - - - - - - President, Liga ng mga Barangay
(On Official Business)

RESOLUTION NO. 185
(Series of 2007)

A RESOLUTION AUTHORIZING THE HONORABLE CITY MAYOR JAMES GORDON, JR. TO REPRESENT THE CITY OF OLONGAPO TO ENTER INTO A CONTRACT OF LOAN WITH THE LAND BANK OF THE PHILIPPINES IN THE PRINCIPAL AMOUNT OF SEVENTY MILLION PESOS (PHP70,000,000.00) FOR THE PURPOSE/S STATED HEREIN AND TO SIGN THE LOAN AGREEMENT, DEED OF ASSIGNMENT, THE PROMISSORY NOTE AND OTHER DOCUMENTS RELATED THERETO

WHEREAS, the City Council adopted Resolution No. 114, Series of 2007 approving the acquisition of a dredging machine for the use of regular desilting and maintenance of all rivers in the City to include the mouth of Maquinaya River;

WHEREAS, the acquisition of such machinery forms part of the flood control program of the City and shall be partially appropriated in the yearly mitigating project of the Disaster Coordinating Council and that there is an urgent need in order to prevent or minimize floods and disasters in the City;

WHEREAS, the City of Olongapo is situated below sea level and the heavily silted rivers and waterways had caused the increase of the incidence of floods in the City;

WHEREAS, there is a need to immediately acquire a dredging machine to carry out the integrated program of the City by systematically dredging the heavily silted rivers and water ways;

WHEREAS, such projects shall require at the outset funding at the level of seventy million pesos (PhP70,000,000.00) which can be sourced through a loan;


Con’t. of Resolution No. 185, Series of 2007.

- 2 -

WHEREAS, it is hereby requested that the PhP70,000.00 shall be treated as a Supervised Loan of the Land Bank;

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 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 Seventy Million Pesos (PhP70,000,000.00) from the Land Bank in behalf of the City for the following purpose:

1. To finance the acquisition of a dredging machine amounting to Seventy Million Pesos (PhP70,000,000.00);
and

That the Honorable City Mayor James Gordon, Jr., be 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 FURTHER, AS IT IS HEREBY FURTHER 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 Land Bank of the Philippines;

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

3. The undertaking not to cause the transfer of the remittance of IRA or any applicable portion thereof by the DBM, from Land Bank of the Philippines to any other bank without the Land Bank’s prior consent until the loan and other charges shall have been fully paid;

4. The designation of Land Bank 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 Land Bank 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 Land Bank;

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



Con’t. of Resolution No. 185, Series of 2007.

- 3 -

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

9. To mortgage, as security for the loan, properties acceptable to Land Bank.

RESOLVED FINALLY, AS IT IS HEREBY FINALLY RESOLVED, that this Resolution once approved and executed shall be valid and effective until the Loan with Land Bank of the Philippines has been fully settled and paid.

Let copies of this Resolution be furnished the Offices of the City Mayor, the Treasurer, the Auditor, and the Land Bank of the Philippines and that the following documents: 1. City resolution approving the acquisition of the dredging machine, 2. Specifications submitted by the Office of the City Engineering and 3. Letter of the City Mayor requesting for such authority shall be made as integral parts of this resolution.

APPROVED UNANIMOUSLY, November 28, 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
(On Official Business)


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
(On Official Business)









Con’t. of Resolution No. 185, Series of 2007.

- 4 -

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

2007 R - 129 - AUTHORIZING THE HONORABLE CITY MAYOR JAMES GORDON, JR. 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 SEPTEMBER 19, 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

ABSENT:

Hon. Robine Rose C. Buenafe- - - - - - - - - - - - - - - SK Federation President
(Sick Leave)


RESOLUTION NO. 129
(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 SEVENTY MILLION PESOS (PHP70,000,000.00) FOR THE PURPOSE/S STATED HEREIN AND TO SIGN THE LOAN AGREEMENT, DEED OF ASSIGNMENT, THE PROMISSORY NOTE AND OTHER DOCUMENTS RELATED THERETO

WHEREAS, the City Council adopted Resolution No. 47, Series of 2007 approving the acquisition of Dredging Machine for the use of regular desilting and maintenance of all rives in the City ;

WHEREAS, the acquisition of such machinery forms part of the flood control program of the City and shall be partially appropriated in the yearly mitigating project of the Disaster Coordinating Council and that there is a fervent need in order to prevent or minimize floods and disasters in the City;

WHEREAS, the City of Olongapo is situated below sea level and the heavily silted rivers and waterways had caused the increase of the incidence of floods in the City ;

WHEREAS, there is a need to immediately acquire a dredging machine to carry out the integrated program of the City in systematically dredging the heavily silted rivers and water ways of Olongapo City;

WHEREAS, such projects shall require at the outset funding at the level of seventy million pesos (PhP70,000,000.00) 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 in the amount of seventy million pesos (PhP70,000,000.00) for the aforementioned projects;

WHEREAS, it is hereby requested that the PhP70,000.00 shall be treated as a Supervised Loan of the DBP;

NOW, THEREFORE, on joint motion of Councilors Marey Beth D. Marzan, Anselmo A. Aquino and Rodel S. Cerezo, with the unanimous accord 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 Seventy Million Pesos (PhP70,000,000.00) from the DBP in behalf of the City for the following purpose:

1. To finance the acquisition of a dredging machine amounting to seventy million pesos (PhP70,000,000.00);
and

That the Honorable City Mayor James Gordon, Jr., be 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 FURTHER, AS IT IS HEREBY FURTHER 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, 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 FINALLY, AS IT IS HEREBY FINALLY RESOLVED, that this Resolution once approved and executed shall be valid and effective until the Loan with DBP has been fully settled and paid.

Let copies of this Resolution be furnished the Offices of the City Mayor, the Treasurer, the Auditor, and the DBP and that the following documents: 1. City Resolution approving the acquisition of the dredging machine, 2. Specifications submitted by the Office of the City Engineering and 3. Letter of the City Mayor requesting for such authority shall be made as integral parts of this resolution.

APPROVED UNANIMOUSLY, September 19, 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
(Sick Leave)




Con’t. of Resolution No. 129, Series of 2007.

- 4 -


ATTEST:


JOCELYN P. NIÑONUEVO
Temporary 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

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