ORDINANCE NO: 2017-371 (Sponsor: Committee on Infrastructure, Public Bidding and Community Development) "AN ORDINANCE AUTHORIZING THE USE OF THE AIRSPACE OF CABRERA STREET, SAN FRANCISCO DISTRICT, FOR THE CONSTRUCTION OF A BRIDGE TO LINK OR CONNECT THE EXISTING BUILDINGS OF THE PAGADIAN CITY MEDICAL CENTER, SUBJECT TO EVALUATION AND SUPERVISION BY THE CITY GOVERNMENT THROUGH THE OFFICE OF THE CITY ENGINEER AND THE OFFICE OF THE BUILDING OFFICIAL, FURTHER SUBJECT TO SUCH REGULATIONS CONSISTENT WITH APPLICABLE LAWS UNDER SPECIFIC CONDITIONS PROVIDED HEREIN" WHEREAS, Section 16 (General Welfare) of the Local Government Code of 1991 provides that: "Every local government unit shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary and appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare. Within their respective territorial jurisdictions, local government units shall ensure and support, among other things, the preservation and enrichment of culture, promote health and safety, enhance the right of the people to a balanced ecology, encourage and support the development of appropriate and self-reliant scientific and technological capabilities, improve public morals, enhance economic prosperity and social justice, promote full employment among their residents, maintain peace and order, and preserve the comfort and convenience of their inhabitants"; WHEREAS, Section 458 of the same Code empowers the Sangguniang Panlungsod to regulate activities relative to the use of land, buildings and structures within the city in order to promote the general welfare; WHEREAS, Pagadian City Medical Center, a tertiary hospital located at the heart of the City and operating on two (2) separate buildings located on both sides of Cabrera Street where traffic condition is almost all the time congested due to the presence of churches, hotels, commercial establishments and other government offices in its vicinity; NOW THEREFORE, BE IT ORDAINED AS IT IS HEREBY ORDAINED, by the Sangguniang Panlungsod of Pagadian City (12th City Council), in a regular session assembled, that: SECTION 1. Approval. - By this ordinance, the use of the airspace of Cabrera Street, San Francisco District, for the construction of a bridge to link or connect the existing buildings of the Pagadian City Medical Center is authorized. SECTION 2. Design and Construction. - Subject to the evaluation and supervision by the City Government through the Office of the City Engineer and the Office of the Building Official its design and construction shall conform to acceptable architectural and structural standards and further subject to the herein specific conditions, to wit: The vertical clearance of the bridge shall not be less than 4.84 meters from the bottom of the beam to the center of the concrete road pavement; The bridge may only be used for passage and medical purposes; The installation of signboards, advertising billboards, posters or any kind of propaganda, advisories or announcements and the like shall not be allowed thereat; The structure must be well-lighted. However, no glaring lights may be installed in any part that may pose as traffic hazard; The area underneath the bridge shall be provided with appropriate illumination for security and safety purposes; That the bridge must be fully enclosed with the following specification for its side protection: 1-meter high steel sidings measured starting at the floor level; and transparent glass or polycarbonate sidings shall be used to cover for the rest of the remaining space up to the roof level. SECTION 3. Condition. - The use of the airspace shall be subject to the formulation of a Memorandum of Agreement by and between the grantee and the City Government of Pagadian through the City Mayor who, by this ordinance, is authorized to negotiate subject to the ratification of the Sangguniang Panlungsod. SECTION 4. Effectivity. - This Ordinance shall take effect upon its approval. ENACTED AND APPROVED by the 12th City Council of Pagadian City during its 34th Regular Session held on 18 April 2017 at the Sangguniang Panlungsod Session Hall, Pagadian City.