Republic of the Philippines
CITY OF PAGADIAN
Office of the City Board
1st City Board 6th Session
2nd Year Assembly Bill No. 24
ORDINANCE NO. 21
"AN ORDINANCE PROVIDING FOR THE ANNUAL GENERAL FUND CITY BUDGET FOR THE FISCAL YEAR 1970-1971 IN THE AMOUNT OF NINE HUNDRED FIFTY-ONE THOUSAND FIVE HUNDRED (P951.500.00) PESOS AS ESTIMATED REVENUE OR INCOME AND APPROPRIATING THE AMOUNT OF EIGHT HUNDRED FORTY NINE THOUSAND THREE HUNDRED FORTY-NINE AND 57/100 (849,349.57) PESOS TO COVER EXPENDITURES FOR MANDATORY OBLIGATIONS, VERY ESSENTIAL SERVICES OF THE CITY GOVERNMENT INCLUDING OTHER OUTLAYS AND PROVIDING FOR THE PLANTILLA OF PERSONNEL THEREOF"
BE IT ORDAINED BY THE CITY BOARD OF PAGADIAN, THAT:
SECTION 1. There is hereby provided as estimated revenues or income for the Fiscal Year 1970-1971 the amount of Nine Hundred Fifty-One Thousand Five Hundred (P951,500.00) Pesos broken down as follows:
I N C O M E
|SOURCES |CLASSIFICATION |APPROVED ESTIMATED RECEIPTS |TOTAL |
|REVENUE FROM TAXATION | | | |
|Internal Revenue Allotment |Ca-3 |P110,000.00 |P110,000.00 |
|Real Property Tax, 1971 |Ca-4(1) |70,000.00 |70,000.00 |
|Real Property Tax, 1970 |Ca-4(2) |50,000.00 |50,000.00 |
|Real Property Tax, all previous years |Ca-5 |25,000.00 |25,000.00 |
|Residence Tax |Ca-7 |20,000.00 |20,000.00 |
|Taxes on agricultural products |Ca-8 |1,000.00 |1,000.00 |
|Franchise Tax |Ca-9 |12,000.00 |12,000.00 |
|Weight and Measures |Ca-12 |1,500.00 |1,500.00 |
|Municipal Licenses |Ca-13 |150,000.00 |150,000.00 |
|Municipal Licenses-Percentage Tax |Ca-13(1) |35,000.00 |35,000.00 |
|Taxes on Income, Inheritance/Gifts |Ca-14 |55,000.00 |55,000.00 |
|Alien Registration Fees |Ca-15 |500.00 |500.00 |
|Penalties, Real Property Tax |Ca-21(1) |4,000.00 |4,000.00 |
|Penalties, Weights & Measures |Ca-22(2) |500.00 |500.00 |
|Penalties, Municipal Licenses |Ca-23(3) |3,000.00 |3,000.00 |
|Penalties, Miscellaneous |Ca-24(4) |2,500.00 |2,500.00 |
|INCIDENTAL REVENUES | | | |
|Building Permit Fees |Ca-26 |10,000.00 |10,000.00 |
|Secretary's Fees |Ca-27 |3,000.00 |3,000.00 |
|Cattle Registration Fees |Ca-28 |3,000.00 |3,000.00 |
|Marriage License Fees |Ca-33 |1,000.00 |1,000,00 |
|Fisheries |Ca-34 |1,000.00 |1,000.00 |
|Court Collections |Ca-37 |2,000.00 |2,000.00 |
|Other Incidental Revenues |Ca-39 |60,000.00 |60,000.00 |
|Receipts from Public Utilities-Berthing Fees |Ca-40 |4,000.00 |4,000.00 |
|RECEIPTS FROM OPERATIONS | | | |
|City Water Work System |Ca-41 |135,000.00 |135,000.00 |
|Markets and Slaughterhouse |Ca-42 |170,000.00 |170,000.00 |
|Receipts from Cemeteries |Ca-45 |2,500.00 |2,500.00 |
|Other Receipts |Ca-66 |20,000.00 |20,000.00 |
TOTAL ESTIMATED RECEIPTS AVAILABLE
FOR APPROPRIATION P951,500.00 P951,500.00
SECTION 2. There is hereby appropriated the amount of Eight Hundred Forty Thousand Three Hundred Forty-Nine and 57/100 (P849,349.57) Pesos to cover expenditures for mandatory obligation, very essential services of the City Government, and other outlays broken down as follows:
GENERAL FUND APPROPRIATION FOR THE FISCAL YEAR
JULY 1, 1970 TO JUNE 30, 1971
|PURPOSE |CLASSIFICATION |NEW APPROPRIATION |TOTAL |
|EXPENSES GENERAL ADM. OF GOVERNMENT | | | |
|CHIEF EXECUTIVE | | |69,720.00 |
|Salaries |C-1-a |69,720.00 |300.00 |
|Life Insurance, GSIS |C-1-b(L) |300.00 |400.00 |
|Retirement Insurance, GSIS |C-1-b� |400.00 |6,000.00 |
|Allowance of the City Mayor | |6,000.00 |1,800.00 |
|Allowance of the Secretary to the Mayor | |1,800.00 |3,000.00 |
|Wages |C-1-c |3,000.00 |8,000.00 |
|Travel & Transportation |C-1-f |8,000.00 |3,000.00 |
|Supplies and Materials |C-1-g |3,000.00 |1,500.00 |
|Repair of Equipment |C-1-j |1,500.00 |1,500.00 |
|Communications |C-1-n |1,500.00 |5,000.00 |
|Discretionary Fund |C-1-r |5,000.00 |1,000.00 |
|Other Services |C-1-t |1,000.00 |1,000.00 |
|Other Services, Elections |C-1-t(1) |1,000.00 |P102,220.00 |
|TOTAL | |P102,220.00 | |
| | | | |
|CITY BOARD | | |68,010.00 |
|Salaries |C-2-a |68,010.00 |1,530.00 |
|Life Insurance, GSIS |C-2-b(L) |1,530.00 |3,600.00 |
|Allowance of the Vice Mayor | |3,600.00 |19,200.00 |
|Allowance to eight (8) Councilors @ P200.00 each | |19,200.00 |1,800.00 |
|Allowance to the Secretary to the Board | |1,800.00 |1,000.00 |
|Travel & Transportation |C-2-f |1,000.00 |2,000.00 |
|Supplies and Materials |C-2-g |2,000.00 |200.00 |
|Repair of Equipment |C-2-j |200.00 |400.00 |
|Communications |C-2-n |400.00 |1,360.00 |
|Publication of Ordinances |New |1,360.00 |1,000.00 |
|Other Services |C-2-t |1,000.00 |P100,100.00 |
|TOTAL | |P100,100.00 | |
| | | | |
For purposes of these regulations, each of the following words and phrases shall be taken in the sense herein-below indicated:
a. Commission means the National Urban Planning Commission of the Philippines created by Executive Order No. 98, dated March 11, 1946.
b. Subdivision means the division of a tract or parcel of land into two or more lots, sites or other divisions for the purpose, whether immediate or future, of a sale or building development. It includes re-subdivision, and when appropriate to the context, relates to the process of subdividing as to the land or territory subdivided.
c. Subdivider means the owner or owners of land or their authorized representatives who proposes to carry out a subdivision for the purpose, whether immediate or future, of sale or building development.
d. Plat includes plat, plan, plot or replot.
e. Lot means a parcel of land intended for transfer of ownership or for building development.
f. Frontage is the width of the lot abutting on a street.
g. Street means, relates to and includes, roads, streets, highways, avenues, boulevards, freeways, parkways, lanes, alley or other vehicular ways or any part or parts thereof.
h. Highway means a main road or way open to the use of the public.
i. Freeway means a highway designed to handle uninterrupted traffic in quantity, at safe and economical speed, without stoplights or crossing at grade, access is limited to important junction points only and such connections are designed to insure smooth flow of traffic.
j. Boulevard is a street of greater width than the average, embellished by center planting strips or unusually wide grass strips and by shrubs and tree planting.
k. Parkway is a road through a park, or a road which is flanked on one or both sides, by park-like public property over which abutters may not have the right access.
l. Major Thoroughfare is a major street such as highways, freeways, boulevards, and parkways with ample roadways and intended to accommodate a considerable volume of traffic.
m. Major Street - For most all practical purposes, streets may be classified as either major or minor. Street designed or intended to accommodate a considerable volume of through traffic are a major streets regardless of whatever other names may be attached to them such as arterials, boulevards, thoroughfares, radials, cross-town, express highways, and the like. In general, it is the use made of a street, rather than its width, grade, alignment, or construction which determines whether it is a major or a minor street.
n. Secondary Street - When a major street is too narrow to carry the anticipated traffic and due to the costly improvements on the abutting property, street widening is not practicable, a nearby parallel street may be improved by widening or otherwise to serve as a relief street, such a street is merely a supplementary major street. Sometimes a so called intermediate or secondary street is needed midway between two (2) inadequate more or less, parallel major streets.
o. Alley is a narrow passageway between building in a town or city as distinguished from a street. In many cities it is a passageway for vehicles, providing access to the rear of the building or lots.
p. Dead-End Street means a street having no vehicular outlet at one end.
q. Sidewalk is a walk for pedestrian at the side of a street between the curb line and the property line which may be wholly paved or may consist of paved strip and planted strip.
r. Urban Area means such areas as from time to time may be so designated by the commission, and includes each political entity thereof.
SECTION 3. SUITABILITY OF SITE - Any tract or tracts of land intended for subdivision shall be suitable for the purpose for which they are to be subdivided.
The Administrative Agency administering these regulations shall be guided by the desirability of avoiding the subdivision of land in areas which are either premature for such development because of lack of facilities and/or distance from other built-up areas, or undesirable from health and safety considerations because of physical deficiencies, dangerous locations or unhealthful climatic conditions.
SECTION 4. CONFORMITY WITH THE MASTER PLAN - All subdivisions shall conform to the Master Plan or sections thereof of the City of Pagadian as to street layouts, provisions for public open spaces and requirements of the Zoning Regulations affecting the area.
SECTION 5. STANDARD OF DESIGN - Rights of way of streets, their cross-sections and gradients, public open spaces to be declared to public uses, areas of lots and their frontages shall be within the minimum requirements and standard called for by this Ordinance.
1. Minimum Street Rights of Ways:
a. For avenues, freeways, parkways, boulevards, and similar major thoroughfares 38 meters
b. For minimum width of major thoroughfares 30 meters
c. For secondary streets A 26 meters
d. For secondary streets B 20 meters
e. For minor streets A 17 meters
f. For minor streets B 12 meters
2. Standard Street Cross Section:
| | | |SIDEWALK | |
|RIGHT OF WAY |ROAD WAY |CENTER STRIP | |TOTAL |
| | | |PLANTING |PAVED | |
|12 |6.60 | |1.50 |1.20 |2.70 |
|17 |10.00 | |2.00 |1.50 |3.50 |
|20 |13.00 | |2.00 |1.50 |3.50 |
|26 |2-9.00 |2.00 |1.50 |1.50 |3.00 |
|30 |2-9.00 |6.00 |1.50 |1.50 |3.00 |
|38 |2-11.00 |6.00 |3.20 |1.80 |5.00 |
3. Maximum and Minimum Street Grades:
a. Maximum Grades:
1. Major highways, five (5%) percent.
2. Major business streets, three (3%) percent.
3. Minor business streets, four (4%) percent.
4. Inter-neighborhood and major streets, six (6%) percent.
5. Residential and secondary streets, eight (8%) percent.
b. Minimum Grades - One half (1/2%) percent.
SECTION 6. Subdivisions shall be provided, with suitable areas for school sites, parks, playground playouts, and/or other recreational areas to be dedicated for public use which area or areas shall comprise at least 6% of the gross area of the subdivision containing more than one (1) hectare. Open spaces so dedicated for public use shall be considered as much as possible for maximum use and not broken into small or odd-shaped parcels of land.
SECTION 7. MINIMUM AREAS AND FRONTAGES
a. The areas of lots shall conform to the areas platted on the Master Plan and the requirements of the Zoning Regulations, but in no case shall the area of any lot by less than 400 square meters for residential-1 district and 240 square meters for residential-2 district.
b. All lots shall have a frontage of at least 14 meters for residential-1 district and 12 meters for residential-2 district.
c. For business and industrial districts the minimum area and frontage requirement for Residential-1 district and Residential-2 district shall govern.
d. Normally, every lot shall abut on a street of at least 12 meters in width. However, under the following exceptions, interior lots, resulting from the subdivision of already developed areas, shall be provided with access as follows:
For 1 interior lot 4 meter alley
For 2 to 4 interior lots 8 meter alley
(minimum width)
For more than 4 interior lots 12 meter street
(minimum width, with turn
around facilities shall be provided)
SECTION 8. IMPROVEMENTS - The following subdivision improvements shall be constructed or provided in accordance with the plans and/or specifications as adopted by the Administrative Agency.
a. Street Pavement - all streets shall be paved, bituminous macadam pavements on a suitable base shall be considered the minimum standard or pavement that shall be used.
b. Cures and Gutters - all streets shall be provided with concrete curbs and gutters.
c. Filling - the subdivision shall be filled up to the grade as may be required by the Administrative Agency.
Filling materials shall not be of dangerous and insanitary refuse, garbage, or other material which may impair the public health.
d. Drainage Facilities - the subdivision shall be provided with adequate drainage facilities as approved by the Administrative Agency.
e. Tree Plantings - the subdivider shall plant and grow shade trees if none are yet existing for the purpose of this requirement on the side or sides of every lot adjacent to streets about 3 meters from the street line, with a maximum spacing of ten (10) meters.
f. Water and Light Facilities - the subdivider shall provide the subdivision with adequate water and light facilities.
SECTION 9. ADMINISTRATIVE AGENCY - The Department of Engineering, Pagadian City, shall be the Administrative Agency of the Subdivision Regulations.
SECTION 10. From the effective date of these Subdivision Regulations no plat or subdivision shall be verified by the Bureau of Lands nor recorded by the Land Registration Office and the Office of the Registrar of Deeds until such plot or subdivision shall have been approved by the City Board upon recommendation of the Administrative Agency.
SECTION 11. CONDITIONS PRECEDENT TO THE SALE OF SUBDIVISION LOTS - From and after the time when these subdivision regulations are in effect, no land or lot shall be sold, leased or contracted to be sold; no building permit shall be issued and no building shall be erected on any lot within the area affected by the subdivision regulations until the improvement required in Section 8 of this Ordinance directly affecting the lot shall have been complied with and the street giving access to the lot upon which said building is proposed to be placed:
a. corresponds in its location and line with a street on the approved subdivision plan and has been duly constructed and accepted by the Administrative Agency, or
b. shall have otherwise received the legal status for public street prior to the approval of these regulations.
SECTION 12. UTILITIES - Until streets shall have been conveyed to the government, the subdivider and his successor shall permit the use of the streets in the subdivision for the use of public utilities.
SECTION 13. TITLE OF THE PROPERTY - When the title to the property of the subdivision is encumbered or is not free from all liens, the subdivider shall be required to put a guaranty bond in an amount not less than the lien of the property, and approved the lien holder to guaranty the delivery to the purchaser of a clean title upon the completion of the payment of the purchase price.
SECTION 14. MAINTENANCE OF STREETS - Until the streets of the subdivision shall have been conveyed to the City Government or shall have received the legal status of a public street, the subdivider and/or his successor shall properly maintain the streets and keep them in good condition.
SECTION 15. The following shall be the guide in the preparation of subdivision plans to conform with the subdivision regulations of the City of Pagadian:
1. Street Layouts:
a. should fit as much as possible into the topography of the land;
b. should be such that flow of traffic is towards the principal streets;
c. should be such as to discourage through vehicular traffic within residential neighborhoods, and
d. should be so laid as to be convenient for the installation of utilities.
2. The number of streets intersecting with major thoroughfares should be held down to a minimum.
3. Streets should intersect at right angles as much as possible.
4. Cul-de-sacs which are used to open odd-shaped tracts and/or to fit the street pattern to the topography should not be more than 150 meters long and should be provided with a turn around with a minimum radius of 20 meters.
5. Along the banks of rivers and creeks, streets should be provided. For small creeks and other minor waterways, alleys of at least 4 meters width may be platted in lieu of streets.
6. Should a subdivision plan call for the placing of a street along the tract boundaries, the platting of a half street of at least 8 � meters wide may be allowed provided an agreement is made with the abutting property owner or owners that the corresponding half street would be provided for by the latter.
7. Corner lots should be provided with a "chaflan" of at least 4 meters in length placed perpendicular to the bi-sector of the angle formed by the property lines. Street curb in intersections should be rounded by a radius corresponding to the length of the "chaflan" and the width of the sidewalks.
8. Whenever feasible and warranted, off street parkings should be provided specially in business districts.
9. Formation of odd-shaped lots should be avoided.
10. Long blocks in residential districts are desirable but need not be more than 400 meters. Blocks of more than 250 meters should be provided with a pedestrian lane of at least 4 meters in width to be located at or near the center of the block.
11. If a tract of land to be subdivided is only a portion of a big area intended to be subdivided later, the subdivider should prepare a general subdivision plan for the entire property and secure a tentative approval thereof before preparing a detailed plan of the portion to be subdivided.
SECTION 16. FEES FOR VERIFICATION OF PROCESSING SUBDIVISIONS - The fees for verification and inspection conducted by the City Engineer or his duly authorized representative in connection with the processing of proposed subdivisions in Pagadian City, are hereby fixed as follows:
1. for the first five (5) hectares or fraction thereof P15.00
2. for every hectare or fraction thereof in excess of the first five (5) hectares 10.00
SECTION 17. The fees fixed in Section 16 herein shall be paid by the applicant to the City Treasurer and an official receipt therefore shall be issued before any inspection or verification is conducted by the City Engineer or his duly authorized representative and shall accrue to the General Fund of the City.
SECTION 18. If upon inspection and verification the City Engineer finds that the proposed subdivision is of bigger area than what is duly paid for in accordance with the above schedule of fees, the applicant shall pay the fees corresponding to the area difference, and the official receipt therefore presented to the City Engineer before any final action on the application.
SECTION 19. APPROVAL OF SUBDIVISION PLAN BY THE CITY BOARD - General Requirement: - No plat or plan of subdivision within the City of Pagadian shall be presented for approval or verification by the Bureau of Lands or the General Land Registration Office until the same shall have been approved by the City Board upon the recommendation of the City Engineer under such regulation as may be provided by this Ordinance.
SECTION 20. APPROVAL OF SUBDIVISION PLANS PRIOR TO SUBMITTAL OF PLANS ON STANDARD FORMS TO THE BUREAU OF LAND FOR VERIFICATION:
a. SUBDIVISION DATA - All plans presented for approval shall contain as usual all the pertinent data, as index map, contours at 2-meter intervals, names of subdivision, area, scale, proposed cross section of streets, sizes of blocks and lots, open spaces to be dedicated for public use.
b. SEQUENCE - The preliminary plans shall be presented to the City Board for payment of necessary subdivision fees. After payment of the said fees the City Board shall refer the preliminary plans to the City Engineer for study on the technical aspect to see to it that technical requirements under this Ordinance are met. The City Engineer shall return the plans together with his comments and recommendations to the City Board for approval.
c. RECOMMENDATION FOR APPROVAL BY THE CITY ENGINEER - The City Engineer shall act on the suitability of the area for the purpose intended; proper provision for drainage and sewage; installation of all facilities as water and light; conformity with all existing regulations of Pagadian City and prematures (in some instances) of the subdivision with respect to existing development in the vicinity in particular and in Pagadian City in general. It is mandatory also that the preliminary plan, as approved by the City Engineer, shall be stamped; "RECOMMENDED FOR APPROVAL IN ACCORDANCE WITH EXISTING SUBDIVISIONS REGULATIONS, FEASIBILITY OF CONSTRUCTIONS AND OTHER ENGINEERING REQUIREMENTS."
Criteria - The City Engineer of Pagadian shall be responsible for having the subdivision meet all the requirements imposed by existing ordinances or regulations and the requirements of the Bureau of Public Highways with respect to national roads.
d. APPROVAL BY THE CITY BOARD - The City Board will act on the application as per recommendation by the City Engineer. If approved, the plan shall be stamped: "APPROVED" after which shall be forwarded to the National Planning Commission.
SECTION 21. FINAL APPROVAL OF THE SUBDIVISION PLAN:
a. BASIS - The preliminary plans as approved by the City Board shall be the basis for (1) the preparation of plans on standard B.L. forms and for (2) verifications of surveys by the Bureau of Lands.
b. REQUIREMENTS - The applicant shall submit not less than six (6) print copies of all other papers related to the application so that necessary file copies could be retained by offices concerned. The B.L. form 31-8 should be accompanied by five (5) print copies.
SECTION 22. STREET SIGNS - Upon approval by the City Board through the recommendation of the City Engineer, the developer or owner of a subdivision shall put up street signs at the streets and roads of his subdivision at his expense.
SECTION 23. Before any street sign is posted by the owner in compliance with Section 22 hereof, such signboard shall be submitted to the Office of the City Engineer which shall verify whether its measurement is in accordance with existing regulations thereon, and the City Engineer may approve or disapprove the same, as the case may be. In case of disapproval, the owner be required to make a new signboard or alter the disapproved one so as to conform with existing regulations.
SECTION 24. PERMIT BEFORE MAKING SUBDIVISIONS: - No person or persons shall apportion any estate into subdivision and/or layout road and streets thereon without first getting a permit from the Office of the City Mayor as recommended by the City Engineer and City Health Officer. No permit shall be issued unless the person or persons who will make or cause to be made the subdivision of the estate can show to the satisfaction of the City Engineer that he or they is/are the owner or owners of the land to be subdivided.
SECTION 25. PERMIT FEES - There shall be collected from the subdivider an amount as permit fees on the following schedule:
1 or less than a hectare P35.00
more than 1 hectare but not to exceed 2 hectares 75.00
more than 2 hectares but not to exceed 3 hectares 100.00
more than 3 hectares but not to exceed 5 hectares 125.00
more than 5 hectares 175.00
SECTION 26. CITY TAX - There shall be imposed and collected from the subdivider a city tax of 1% on the gross sales of lots.
SECTION 27. Subdivisions owners in Pagadian City are hereby required to submit a copy each to the City Engineer and the City Assessor, this City, of the subdivision plan together with its prospectus, if any, immediately after the approval of the same and before selling lot or lots therein, provided that, subdivision owners engage in the sale of lots within their respective subdivisions and whose subdivision plans have been duly approved prior to the approval of this Ordinance are hereby given sixty (60) days from the date of this ordinance effectivity within which to comply with the requirement thereof.
SECTION 28. REQUIRED FILLING OF LOTS - It shall be the duty of every owner or other person in charge of any lot or subdivision in Pagadian City to fill up to a grade necessary for proper sanitation all lots and premises which have been declared by the City Health Officer or his authorized representative to be in an insanitary condition or a menace to public health, provided that, every owner or other person in charge of any lot or subdivision shall, in every case, be given a reasonable time within which to comply with the requirements of this Section, which shall in no case be less than five (5) days nor more than sixty (60) days.
SECTION 29. It shall, likewise, be the duty of every owner or any lot or subdivision in Pagadian City or any other person in charge of any excavation work to fill up to a grade necessary for proper sanitation as required by the City Health Officer or his authorized representative those portions in their lands or premises which have been left unfilled as well as those places which are low where water is likely to remain stagnant, provided, however, that the owner or other person in charge or responsible thereof, shall be given a reasonable time within which to comply with the order of the City Health Officer or his authorized representative.
SECTION 30. For the purpose of this Ordinance, no owner or other person in charge of any lot or subdivision shall allow or cause to be allowed as filling materials garbage or other refuse which emit or are likely to emit foul odor, unless they have been properly disinfected and certified by the City Health Officer or his duly authorized representative that the use of the same shall not in any manner cause nuisance or endanger the health of the community.
SECTION 31. Any ordinance or part of an ordinance inconsistent with any provisions of this Ordinance is hereby amended or repealed.
SECTION 32. In case of violation of Section 11 hereof the Court may order the cancellation of the subdivision project. Any violation of other provisions of this Ordinance shall be punished by a fine of not more than Two Hundred (P200.00) Pesos or by imprisonment for not more than six (6) months, or by both such fine and imprisonment in the discretion of the Court.
SECTION 33. This Ordinance shall take effect immediately upon its approval.
ENACTED by the City Board of Pagadian during its Special Session on April 14, 1970.
APPROVED by His Honor, the Mayor, on April 27, 1970.
ATTESTED:
(SGD.) ROMEO B. TAN
Secretary to the Board