ORDINANCE NO: 2007-261
"AN ORDINANCE GOVERNING THE USE, MANAGEMENT AND OPERATION OF THE PAGADIAN CITY FISH PORT SITUATED AT BARANGAY SAN PEDRO, PAGADIAN CITY, PRESCRIBING FEES AND CHARGES AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF"
WHEREAS, our City Fish Port at Barangay San Pedro, Pagadian City, is one of the major projects undertaken by the City Government: the prime objective of which is to provide the local fishermen access to both local and national fish traders and to promote our city which is known to be a fish rich area, as one of the fish trading points in the country;
WHEREAS, in order to attain this objective and to make this project self-sufficient in terms of operation, management, future expansion and up-grading of existing facilities, appropriate regulatory measures must be imposed to ensure a clear policy on the use, management and operation of the City Fish Port, under the auspices of the City Economic Enterprises Department.
NOW, THEREFORE, be it ordained by the Sangguniang Panlungsod of Pagadian, in session assembled, that:
SECTION 1. Title - This Ordinance shall be known as the Ordinance governing the use, management and operation of the Pagadian City Fish Port situated at Barangay San Pedro, Pagadian City, prescribing fees and charges and providing penalties for violations thereof.
SECTION 2. Coverage - The Ordinance shall apply to all types of operations and/or services rendered or to be rendered inside the Pagadian City Fish Port.
SECTION 3. General Provision - The City Government of Pagadian, consistent with the policy of the State, shall endeavor to protect the well-being of its people, promote public health and safety, and ensure orderly and efficient distribution of its resources by providing the appropriate public facility, which is now the Pagadian City Fish Port. Wherefore, the loading and unloading of all fish products whether fresh or dried, and other aquatic products, for purposes of trading and/or retailing, whether transported into the City of Pagadian from other sources via sea, land or air, shall be strictly done inside the Pagadian City Fish Port and shall, at no instance, be made in any other places within the territorial jurisdiction of Pagadian City.
SECTION 4. Definition of Terms - For purposes of brevity, the following terms used in this Ordinance are hereby defined, to wit:
Ordinance - shall mean the Ordinance governing the Use, Management and Operation of the Pagadian City Fish Port.
Body - shall mean the Sangguniang Panlungsod of Pagadian City.
Board - shall mean the Pagadian City Fish Port Management Board.
Administration - shall mean the Pagadian City Fish Port Administration.
Pagadian City Fish Port - shall mean Fish Bagsakan, Fish Port, Ice Plant and Cold Storage, within the premises.
Contractor - shall mean private individual or entities with existing contract to operate business inside the Fish Port.
Vendor - shall mean any person, whether natural or juridical, engaged in the selling of any goods or commodities.
Ambulant Vendor - any person engaged in the selling of goods and commodities with no permanent place of business and/or capable of moving around from one place to another.
Berthing - shall mean the act of providing a space in the wharf for any ship or boat to dock or anchor.
Mooring - shall mean the act of securing or holding sea vessel with the use of equipment, such as chains or lines.
Vehicles - Jeepneys, Aircon Vans, Multi-cabs, Private Trucks and other vehicles (loading and unloading cargoes at the terminal) except tricycles.
Stalls - are booths or compartments with a measurement of 25 square meters more or less (5 X 5) used for displaying goods offered for sale at the City Fish Port.
Bagsakan - is an open place where all marine products are unloaded and offered for sale. It is also a center where aquatic products are auctioned for market to a broker.
Broker - is a person who negotiates or facilitates a business transaction for a commission or a fee. In a sense, he is an agent or an intermediary between buyer and seller.
Other Facilities and Services shall include the use of comfort room, emergency repairs of vehicles and overnight parking and tricycle entrance, gasoline stations, ice plants, factories or processing plant.
SECTION 5. Creation Of The Fish Port Management Board - In order to effectively carry out the provisions of this Ordinance, there is hereby created the "Fish Port Management Board" for the purpose of formulating policies, rules and regulations governing the operation, administration and maintenance of the Pagadian City Fish Port as well as act as a recommendatory body to the Sangguniang Panlungsod on all matters affecting the operation of the Fish Port and which shall be composed of the following:
Chairman: The City Mayor
Vice-Chairman: The City Vice Mayor
Members: The Chairman, SP Committee on Laws, Rules & Policy Formulation
The Chairman, SP Committee on Agriculture, Fishery, Agrarian Reform
The City Economic Enterprise Officer
One (1) President from the Fish Traders
One (1) President from the Owners/Operators of Fishing Boat Association
The Pagadian City Fish Port Administrator shall be the Secretary to the Board.
SECTION 6. Fish Port Administration And Administrative Authority - For this purpose, there shall be created immediately upon the effectivity hereof "The Pagadian City Fish Port Administration" to be composed of the following personnel:
Position Salary Grade
One (1) Supervising Administrative Officer Grade 22/1
(Fish Port Administrator)
One (1) Administrative Officer V Grade 18/1
(Asst. Fish Port Administrator)
One (1) Administrative Officer IV Grade 15/1
(Fish Port Supervisor)
One (1) Administrative Assistant II Grade 8/1
(Clerk IV)
One (1) Administrative Assistant I Grade 7/1
(Computer Operator I)
One (1) Administrative Aide II Grade 2/1
(Messenger)
One (1) Administrative Aide I Grade I/1
(Utility Worker I)
Twelve (12) Security Guard I Grade 3/1
One Hundred (100) Casuals
The Budgetary requirements for the salaries and wages of the above-mentioned personnel shall be charged to the appropriations of the City Economic Enterprise Department.
The Pagadian City Fish Port Administration shall have the following functions and duties, to wit:
To implement the regulation in the operation and management of the City Fish Port in accordance with this Ordinance, including the maintenance of sanitation and proper waste disposal inside the Fish Port;
To undertake administrative control over all facilities inside the Fish Port;
To recommend to the Board the rate of charges, fees, including parking fees, inside the Fish Port including rental for the use of the properties/stalls and to determine the share of the City Government thereof - which share shall be immediately collected when due and demandable;
To evaluate all application and/or renewal of private entities for all types of contracts inside the Fish Port before the same be submitted for approval by the Fish Port Management Board;
To collect and account at the end of each day all the revenues generated from the entire operations of the Fish Port;
To ensure the daily remittances of all sums of money collected from the operation of the Fish Port to the City Treasurer's Office;
To undertake the conduct of feasibility studies on the future expansion and/or improvement of the Fish Port and make a comprehensive report to the Board;
To supervise the BFAR - trained quarantine officer to be assisted by a deputized Fish Warden who shall conduct a periodic inspection of all marine and aquatic products coming in and passing through the Fish Port in order to safeguard the interest of the consuming public; and
To perform other related functions that may be prescribed by the City Mayor.
SECTION 7. Schedule Of Fees And Charges - There shall be collected fees and charges at the Pagadian City Fish Port. The City Treasurer or his/her duly authorized representative is hereby empowered to issue cash tickets based on the schedule of fees and charges as herein described, subject to increase at Ten Percent (10%) Per Annum, as maybe determined by the Board.
A. STALLS RENTAL @ P 250.00/Square Meter P 5,000.00/Month/Stall
CONCESSION AREA @ P 100.00/Square Meter Variable
FISH PORT
Berthing Fees Mooring Fees
Motorized Fishing Boats above
Ten (10) Tons P500.00/Day P100.00
Motorized Fishing Boats with Five (5)
Tons but not to exceed Ten (10) Tons P300.00/Day P 70.00
Motorized Fishing Boats with Three (3)
Tons but not to exceed Five (5) Tons P150.00/Day P 40.00
Motorized Fishing Boats below
Three (3) Tons P100.00/Day P 20.00
Others P 10.00/Day -
BAGSAKAN CENTER
D.1 By Sea:
Fish Port Fee
Per Kilo
Unloading
Per Kilo
Weighing
Per Kilo
Loading
Per Kilo
Total
Per 1- kilo
0.50
0.20
0.10
0.20
1.00
Per Thermo Chest (50 kls)
25.00
10.00
5.00
10.00
50.00
Per Banera (30 Kls)
15.00
6.00
3.00
6.00
30.00
Big Fish, Bariles, Malasugi, Liplipan, etc.
0.62
0.25
0.13
0.25
1.25
Low Quality Fish/Kilo
0.25
0.20
0.10
0.20
0.75
D.2 By Land/Air:
Fish Port Fee
Per Kilo
Unloading
Per Kilo
Weighing
Per Kilo
Loading
Per Kilo
Total
Per 1- kilo
0.50
0.15
0.10
0.15
0.90
Per Thermo Chest (50 kls)
25.00
7.50
5.00
7.50
45.00
Per Banera(30 Kls)
15.00
4.50
3.00
4.50
27.00
Big Fish, Bariles, Malasugi, Liplipan, etc.
0.60
0.20
0.12
0.20
1.12
Low Quality Fish/Kilo
0.25
0.10
0.10
0.10
0.55
( Fees prescribed above includes Weighing and Labor Services for unloading and loading.
ICE STORAGE SPACE RENTAL P 3,000.00/Mo./Door
ICE LOADING TO THE FISHING VESSEL SERVICES FEE P 6.00/Block
OTHER FACILITIES AND SERVICES
Use of Comfort Room
a. Urinate P 2.00
b. Defecate 5.00
c. Bath 10.00
Entrance Fee Per Entry(Per Day) Annual Pass
Fish Car/Cargo Truck
a.1. 15 Tons and Above P 50.00 P 9,000.00
a.2. 8 to 14 Tons 40.00 7,000.00
a.3. 3 to 7 Tons 30.00 5,000.00
a.4. Below 3 Tons 20.00 3,500.00
b. Private Cars 10.00 2,000.00
c. Cargo/Passenger Motorized Tricycle 5.00 1,000.00
Water Services Fee @ P 40.00/Cubic Meter
SECTION 8. Contracts - All application for contracts and/or renewal thereof, in relation to the use of the facilities or management or operation of all types of services or business inside the Fish Port, shall be subject for pre-qualifcation by the Board to determine the eligibility for inclusion in the rooster of pre-qualified applicants.
SECTION 10. Process Of Application And Award - Only pre-qualified bidders as pre-screened by the Board shall be qualified to participate the bidding to be conducted by the Local Bids and Awards Committee (BAC).
SECTION 11. Period Of Contract - All contracts to operate so awarded shall have a maximum term of five (5) years and may be sooner revoked in case of violation of the terms and conditions embodied in the contract or any of the provisions of this Ordinance or any of the rules and regulations imposed by the City Government.
SECTION 12. Prohibition - The following acts are strictly prohibited within the premises and immediate peripheries of the Pagadian City Fish Port:
To engage in any form of business inside the Pagadian City Fish Port without a license or an expired license to operate;
To vend and/or sell inside the Pagadian City Fish Port as well as within the 3-meter perimeter fence including the road leading to the Pagadian City Fish Port;
To allow any ambulant vendors to engage in business within the Pagadian City Fish Port premises whether on land or at sea;
To engage in any forms of gambling as well as the selling and/or drinking of alcoholic beverages within the premises of the Pagadian City Fish Port including inside the docked vessels;
To allow the selling and stocking of flammable/combustible liquids, such as gasoline, diesel, kerosene and lubricants;
To allow any fish port stall holder to engage in other businesses such as videoke bar and video games/video karrera operations inside the premises of the Pagadian City Fish Port; and
To allow stall holders/concessionaires to construct additional structures and/or improvements inside the leased premises.
SECTION 13. Penalty Clause - Any person or entity found violating the foregoing provision, or who shall directly or indirectly cause another person or entity to violate the same, shall be penalized, to wit:
1st Offense P1,000.00 fine with warning
2nd Offense P3,000.00 fine plus suspension from entering the premises upon approval by the Board.
3rd Offense P5,000.00 fine plus barred from entering the premises and by an imprisonment of not exceeding six (6) months, or all, at the discretion of the court.
SECTION 15. Repealing Clause - All existing Ordinances, rules and regulations or part thereof, which are inconsistent with any of the provisions of this Ordinance, are hereby amended, modified or repealed accordingly.
SECTION 16. Separability Clause - If, for whatever reasons, any part or provision of this Ordinance is declared unconstitutional or invalid by competent authority, other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect.
SECTION 17. Effectivity Clause - This Ordinance shall take effect upon its approval and ten (10) days after publication in the local newspaper of general circulation.
ENACTED AND APPROVED by the Sangguniang Panlungsod (8th City Council) of Pagadian City during its 19th Special Session held on June 27, 2007 at the Sangguniang Panlungsod Session Hall.