Republic of the Philippines
PROVINCE OF ZAMBOANGA DEL SUR
P A G A D I A N
ORDINANCE NO. 173
AN ORDINANCE REGULATING THE OCCUPATION OF A STALL ROOM FOR LEASE OF A SITE IN THE PUBLIC MARKET OF PAGADIAN.
BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF PAGADIAN THAT
Section 1. This ordinance shall be known as Municipal Ordinance No. 1 otherwise known as MARKET ORDINANCE.
Section 2. DEFINITION OF TERMS: "Public Market" shall be understood to refer to any place, building or structure of any kind designated as such by the Municipal Council, "Stall" refer to any allotted space or both in the public market where merchandise or any kind is so sold or offered for sale.
Section 3. VACANCY OF STALL: Notice of Application. Any vacancy stall or site in the public market shall be lease to any applicants in the following manners.
Section 4. VACANCY OF STALL BEFORE EXPIRATION OF THE LEASE: Should, for any reason, a stall holder or lease discontinue or be required to discontinue his business before his lease of the stall expires, such stall shall be considered vacant and its occupancy thereafter shall be disposed of in the manner herein prescribed.
Section 5. PARTNERSHIP WITH STALL HOLDER: A market shall holder who enters into business partnership with any party after he has acquired the right to lease such stall have no authority to transfer to his partner or partners the right to occupy the stall: Provided however, That in case of death of any legal disability to such stall holder to continue in his business, the surviving partner may be authorized to continue occupying the stall for a period of not exceeding sixty (6) days within which to wind up the business of the partnership. If the surviving partner is otherwise qualified to occupy a market shall under the provisions hereof, and is not the spouse, parent, son, daughter or relative within the third degree by consanguinity or affinity of the deceased or disqualified partners; her shall given the preference the deceased or disqualified partners; he shall given the preference to continue occupying the stall or booth concerned, it he applied therefore.
Section 6. LEASE TO PERSONALLY ADMINISTER HIS STALL: Any person who has been awarded the right to lease a market stall in accordance with the provisions hereof shall occupy, administer and be present personally at his stalls, booth or booths; Provided, however, that he may employ helpers who must be citizens of the Philippines; and Provided furthermore, the person to be employed as helper shall under no circumstances be persons with whom the stallholder has any commercial relation or transaction.
Section 7. DUTIES: SUB-LEASE OF STALL: In any case where the person who, according to the records, is the registered holder or lease of a stall or stalls, booth or booths, in the public market is found to be in reality not the person whop is actually occupying said stall or stalls, booth or booths, the lease of such stall or stalls, booth or booths, shall be cancelled, if upon investigation such stallholder shall be found to have sub-lease his or her stall or stalls, booth or booths, to another person or to have connived to such person so that the latter may for any reason be able to occupy the said stall or stalls, booth or booths.
Section 8. SITE: CONSTRUCTION OF STALL, AT PERSONAL OWNER: Any person, or persons, partnership or corporation may be allowed to lease any site surrounding the market site for the purpose of constructing stall at his or her own expenses following the plan and specification of the District Engineer, Provided:
1. That the site be first submitted to public building.
2. That the rental of one according to the plan of the District Engineer shall be fined at (P30.00) Pesos per month which be paid in advance immediately after the lease shall have occupied his stall.
3. That the lease shall strictly observe sanitary and health regulations.
4. That the lease shall be prohibited in making further improvement of the stall.
5. That the lease shall not live or sleep at night and cook his food and anything, nor authorized anybody to live or sleep therein.
6. That he shall comply with all the rules and regulations embodied in this ordinance and all other ordinance which shall be from time to time by this council for the good of the general public.
Section 9. APPEALS: Any applicant who is not satisfied with the adjucation made by the Municipal Treasurer or the Market Committee of the stall applied for by him, may file by the Secretary of Finance an appeal there from, thru the Mayor concerned, who may submit such comment and recommendations as may desire to make on the matter. The decision of
The Secretary of Finance in such cases shall be final.
Section 10. DUTIES AND POWERS OF THE MUNICIPAL TREASURER: The Municipal Treasurer, as the case may be shall exercise direct and immediate supervision and control over the public market in accordance with local ordinance. He shall have direct administration, control and supervision over market personnel, except those whose duties concern the maintenance of sanitary condition of this market premises.
Section 11. MARKET COMMITTEES: There is created a Committee designated as Market Committee whose duty it shall be to conduct the drawing of the lots and opening of his bids in connection with the adjucation of vacant or newly created stall or booths in the Municipal Market as prescribed in this ordinance, and to certify the result thereof. The said committee of the Municipal Treasurer as Chairman, and a representative of the Mayor and a representative of the Council, members.
Section 12. TRANSFER OF PERSONNELS, EQUIPMENT, ETC. TO TREASURER: In any case where the administration of the public market is not under the immediate control or supervision of the Municipal Treasurer at the time of this ordinance taken effect, the Mayor concerned shall immediately take the necessary steps to transfer to the corresponding Municipal Treasurer the supervision and control over the personnel, equipment authorized for the purpose.
Section 13. This Ordinance shall take effect upon its approval.
DATE ENACTED: APPROVED:
April 1, 1954 April 17, 1954
ATTESTED:
(SGD.) EMILIANO PIELAGO
A Certified True Copy: Municipal Secretary
October 26, 1970
(SGD.) ROMEO B. TAN
Secretary to the Board