ORDINANCE NO: 2005-249 "AN ORDINANCE ESTABLISHING THE PAGADIAN FARMERS' TRADING CENTER, IMPOSING FEES AND OTHER CHARGES FOR ITS OPERATION, PROVIDING PENALTIES FOR ANY VIOLATION THEREOF" Be it Ordained by the Sangguniang Panlungsod in Session Assembled that: Section 1. - This ordinance shall be known as "An Ordinance Establishing The Pagadian Farmers' Trading Center, Imposing Fees And Other Charges For Its Operation, Providing Penalties For Any Violation Thereof." Section 2. - Establishment of the Center. There is hereby established the Pagadian Farmer's Trading Center at Barangay Santa Lucia, Pagadian City that will serve as the trading center for all agricultural products of the farmers. Section 3. - Definitions. When used in this ordinance, the following terms shall mean: Pagadian Farmer's Trading Center - refers to the building or structure where Farmers and Traders market their farm products, usually done in wholesale basis. Repacking Area - refers to any allotted space in the Pagadian Farmer's Trading Center premises where packing and repacking is being done by the buyer. Repacking Space - refers to a subdivision or housing installation of the Trading Center where repacking activities of farm products are done and packed merchandices/goods are kept. Pagadian Farmer's Trading Center Premises - refers to the entire space inside the building where equipment and facilities are being found. Farmers - refers to the producers or supplies and sellers of farm products. Traders - refers to any person who is buying and selling farm products. Storage Room - refers to any allotted space intended for the unsold farm products which are being stored and to be sold for the next day. Weighing Scale - refers to the equipment used in determining the weight of farm products. Repacker - refers to the person or trader who buys farm products from the different suppliers and sells them in volume. Supplier - refers to any person whether as farmer or a trader who buys farm products for sale. Adjudication - refers to law or judge's decision. High Value Commercial Crops (HVCC) - are fruits for exports, spices, root crops and vegetables for pinakbet, chopsuey and salad. "Fruits for Exports" shall refer to the following kinds of products: 1. Mango 2. Durian 3. Pineapple 4. Lanzones 5. Banana 6. Rambutan "Spices" shall refer to the herein listing of products: 1. Bulb & Leafy Onion 2. Sweet Pepper 3. Tomato 4. Ginger 5. Garlic "Root Crops" shall refer to the following: 1. Sweet Potato 2. Irish Potato 3. Ube The "Vegetables" referred to above shall include: 1. for "Pinakbet": Ampalaya, Okra, Eggplant, Squash 2. for Chopsuey: Cabbage, Broccoli, Cauliflower, Carrots, Sweet Peas 3. for Salad: Raddish, Cucumber Low Commercial Value Crops (LVCC) - refers to all farm products not included in the list of the high value commercial crops. Section 4. - Imposition of Fees and Other Charges. There shall be collected the following: Rental fee for the use of weighing scale includes the discharged of farm products from the hauling trucks to the designated area inside the center, weighing the products, and then hauling to the repacker's area. a) Low Value Commercial Crops (LVCC) - 3% of the prevailing price b) High Value Commercial Crops (HVCC) - 2% of the prevailing price Rental fee for repacking space: a) P150.00 per square meter per month Storage fee of farm products per night (farmers who intend to leave their unsold products) a) High Value Commercial Crops (HVCC) - 1% of the prevailing price b) Low Value Commercial Crops (LVCC) - 0.5% of the prevailing price Exit Fee (payment of repacked farm products from the Trading Center ready for loading to the Hauler Vehicles will be charged to the trader). Low Value Commercial High Value Commercial Crops (LVCC) Crops (HVCC) Sack - below 40 kilos P2.00 P3.00 Sack - above 40 kilos 3.00 4.00 Bukag - below 50 kilos 3.00 4.00 Bukag - above 50 kilos 4.00 5.00 kahon/box - below30 kilos 2.00 3.00 Kahon/box - above30 kilos 3.00 4.00 Parking Fee (payment will be charged to the vehicles loading from the trading center) Hauler Truck/Jeepney P 5.00 Hauler Elf P10.00 Hauler Forward P15.00 Hauler 10 Wheeler P20.00 Other Charges: a) Use of comfort room 1. Urinate P1.00 2. Defecate 3.00 b) Use of bathroom 1. Taking a bath P6.00 Section 5. - Time and Manner of Payment. 1) Rental fee for the use of weighing scale in determining the weight of farm products will be paid to the collector or duly authorized representative right after the farmer has sold his farm products. Rental fee for the repacking space will be paid to the collector or his duly authorized representative within the first twenty (20) days of each month. In case of new occupants, two (2) months deposit and one (1) month advance payment shall be paid before allowing them to make use of the space. Storage fee of unsold products left at the Trading Center will be paid to the collector or his duly authorized representative right after the farmer or owner has sold his farm products. Exit fee will be paid to the collector or his duly authorized representative before the repacked products will be brought out from the gate of the Trading Center. Official Receipt (O.R.) or Cash Tickets shall be presented and marked by the guard as a gate pass. Parking fee will be paid to the collector or his duly authorized representative by the owner/operator of the vehicle transporting the repacked farm products from the Trading Center. Cash tickets shall be issued to the user of the comfort room or bathroom before entering. Section 6. - Issuance of Official Receipts and Cash Tickets. 1) The collector or his duly authorized representative shall issue an official receipt as an evidence of payment or rental. Official receipt shall be issued if the amount to be collected is Two Hundred Pesos (P200.00) and above. The issued cash tickets shall be torn in half, one half to be given to the one who pays his fees and the other half to be retained by the collector. Section 7. - Penalties. Surcharge for late or non-payment of fees - The traders, who fail to pay the monthly rental fee within the prescribed period, shall pay a surcharge of twenty five percent (25%) of the total rent due. Failure to pay the rental fee for three (3) consecutive months shall cause the automatic cancellation of the contract of lease of space. The space shall be declared vacant and subjected to adjudication. Section 8. - Adjudication of the Repacking Space. Lease Period. The contract of lease for repacking space shall be for a period of three (3) years, renewable upon its expiration, unless revoked in accordance with the provision of this article. Notice of vacancy. Notice of vacant or newly constructed repacking space shall be made for a period of not less than ten (10) days immediately preceding the date fixed for their award to qualified applicants, to apprise the public of the fact that such room are unoccupied and available for lease. Such notice shall be posted conspicuously on the unoccupied space and the bulletin board of the Farmers' Trading Center. Section 9. - Qualification of the repacking space occupancy. The consideration of all applications for the lease/rental of any area allot for repacking purposes shall be guided by the following requirements, to wit: Trader shall possess a Business Permit from the city; Trader shall possess a document of contract of lease; Trader shall pay two (2) months deposit and one (1) month in advance; One (1) trader shall occupy a space with a maximum of 25 square meters. Section 10. - Implementing Rules and Regulations. The Implementing Rules and Regulations of this Ordinance shall be formulated/promulgated by the Office of the City Agriculturist subject to the review and confirmation by the Sangguniang Panlungsod. Section 11. - Separability Clause. Any action or provision of this Ordinance which may be declared unlawful or unconstitutional, shall not affect the other sections or provisions hereto. Section 12. - Repealing Clause. All Resolutions, Ordinances, or Laws of local effect inconsistent with this ordinance are hereby modified, superseded or repealed accordingly. Section 13. - Effectivity. This Ordinance shall take effect upon its approval. ENACTED AND APPROVED by the Sangguniang Panlungsod (8th City Council) of Pagadian City during its 59th Regular Session held on October 11, 2005 at the SP Session Hall.