ORDINANCE NO: 2018-407
Sponsors: Committees on Infrastructure, Public Bidding and Community Development;
Committee on Laws, Rules and Policy Formulation;
Committee on Police Fire and Public Safety; and
Committee on Ecology
"AN ORDINANCE ESTABLISHING THE GUIDELINES AND POLICIES GOVERNING THE OPERATION AND MANAGEMENT OF STALLS LOCATED INSIDE THE PAGADIAN CITY BOULEVARD AREA AND THE GRANTING OF SPECIAL PERMITS TO OPERATE A BUSINESS WITHIN THE SAME"
Be It Ordained by the Sangguniang Panlungsod of Pagadian City in session assembled that:
WHEREAS, Republic Act 7160 empowers the Sangguniang Panlungsod as the legislative body of the city to enact ordinances and appropriate funds for the general welfare of the city;
WHEREAS, Section 17, paragraph (b) (2) (ix) of Republic Act 7160 in relation to paragraph(b) (4) thereof listed tourism facilities and other tourist attractions, including the acquisition of equipment, regulation and supervision of business concessions, and security services for such facilities as one of the basic services and facilities to be provided by the local government unit;
WHEREAS, Section 458, paragraph (3) (ii) of the Local Government Code further provides the power of the Sangguniang Panlungsod to enact ordinances regulating any business or practice of profession within the city and the conditions under which the license for said business or practice of profession may:
"3) Subject to the provisions of Book II of this Code, enact ordinances granting franchises and authorizing the issuance of permits or licenses, upon such conditions and for such purposes intended to promote the general welfare of the inhabitants of the city and pursuant to this legislative authority shall:
(i) xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx;
(ii) Regulate or fix license fees for any business or practice of profession within the city and the conditions under which the license for said business or practice of profession may be revoked and enact ordinances levying taxes thereon;"
WHEREAS, the City of Pagadian is one of the fastest rising cities in the country and is home to various governmental, commercial and business activities due to it having been designated as the Regional Center of Region IX;
WHEREAS, on the other hand, tourism is one of the fastest growing and economically viable industry in the country;
WHEREAS, despite its economic growth, the City of Pagadian seriously lags behind in terms of tourism infrastructure, hence the need to invest in tourism related activities and infrastructures in order to take advantage of one of the fastest growing industry in the country;
WHEREAS, the Ylanna Bay area is one of the most recognized natural feature of Pagadian City, hence the need to further develop and utilize the strip of reclaimed land fronting the Ylanna Bay area to be called the "Pagadian City Boulevard".
WHEREAS, in order to protect the nearby waters and neighboring areas surrounding the Pagadian City Boulevard, there is likewise an urgent need to enact a legislative measure which aims to regulate the activities inside the Pagadian City Boulevard, hence the instant ordinance;
ARTICLE 1
THE PAGADIAN CITY BOULEVARD AS A TOURISM FACILITY
SECTION 1. THE NEED TO ESTABLISH MORE TOURISM FACILITIES. -Tourism is one of the fastest growing industry and significant economic activity in the country today. It generates services, products, trade, employment, and investment. It helps develop our local economy. It promotes and preserves our cultural heritage and local identity, and it acts as a medium towards the harmonious and peaceful coexistence of our people regardless of beliefs, customs and religion.
SECTION 2. LIGHTS, VENTILATION, DRAINAGE, PAVING, ETC. - The Pagadian City Boulevard shall be adequately lighted and ventilated. The ground surfaces shall be properly drained, paved, and/or cemented, and all standard stalls, and other fixtures shall be constructed in such manner as recommended by the City Engineer or his duly authorized representative as approved by the Sangguniang Panlungsod.
SECTION 3. SANITARY MAINTENANCE. - The provisions of all sanitary ordinances adopted by the City of Pagadian and all pertinent orders, rules and regulations issued by the Secretary of the Department of Health or his duly authorized representative in the City Government, and all other related ordinances that may be enacted from time to time by the Sangguniang Panlungsod shall apply to the Pagadian City Boulevard stalls.
SECTION 4. PAGADIAN CITY BOULEVARD STALLS. - The term Pagadian City Boulevard stalls or "boulevard stalls" as used in this Ordinance shall be understood to apply to any allotted space where merchandise is sold or services rendered or offered for sale in the newly constructed boulevard fronting the Pagadian City Boulevard Area, in accordance with the specific dimension and standard plan of the City Engineer or those which may hereinafter be approved by the Sangguniang Panlungsod.
SECTION 6. OFFICE OF THE PAGADIAN CITY BOULEVARD ADMINISTRATOR. - In order to maintain the cleanliness, sanitation and orderliness and regulate the activities inside the Pagadian City Boulevard, an office for the Pagadian City Boulevard Administrator shall be provided and the head of the City Tourism shall act as its Ex-Officio Administrator until a new one is designated as such by the City Mayor or such other office which functions shall be specifically created and assigned by the Sangguniang Panlungsod.
SECTION 7. BULLETIN BOARD. - A bulletin board shall be placed and maintained near the entrance of the, circulars, notices, etc., and in any conspicuous location in the Pagadian City Bay Boulevard.
SECTION 8. SECURITY OUTPOST. - There shall be provided security outposts in all entrance and exit points of the Pagadian City Bay Boulevard and in any other location/s recommended by the City Mayor which shall be manned twenty-four (24) hours daily.
SECTION 9. CCTV OR SECURITY MONITORING DEVICES EACH STALL. - The provision of CCTV or Security Monitoring devices as adopted by the City of Pagadian and all pertinent orders, rules and regulations in the City Government and all other ordinances that may be enacted from time to time by the Sangguniang Panlungsod, shall apply to the Pagadian City Boulevard stalls.
ARTICLE II
ADMINISTRATION OF THE PAGADIAN CITY
BOULEVARD TOURISM FACILITY
SECTION 1. ADMINISTRATION. - The Pagadian City Boulevard shall be under the administration of the City Mayor or through the designated Boulevard Administrator or such other office which functions shall be specifically created and assigned by the Sangguniang Panlungsod.
The Pagadian City Boulevard Administrator, as the case maybe, shall exercise full direction, supervision and control of the Pagadian City Boulevard including such matters pertaining to cleanliness, sanitation or assignment, re-assignment and allocation of boulevard stalls; the standardization, classification and/or grouping or re-grouping of merchandise to be sold in the boulevard stalls, and the direction, control and supervision over the Pagadian City Boulevard and all other subordinate personnel. He is also authorized to promulgate such further rules and regulations consistent with the policies laid down in this ordinance. Provided, however, that in matters pertaining to the cleanliness and sanitation of boulevard stalls and Pagadian City Boulevard premises, the City Pagadian City Boulevard Administrator shall enlist the help and cooperation of the City Health Office; and PROVIDED, FURTHER, that the exercise by the Pagadian City Boulevard Administrator of the functions, assignments, re-assignments, or allocation of boulevard stalls shall be subjected to the policy promulgated by the Sangguniang Panlungsod.
Collection of boulevard stall fees, licenses, and other fees. All activities incidental to the collection of boulevard stall fees; the collection of licenses, fees, taxes and charges from persons or entities doing business in the area; and all accounting work incident to boulevard stall collections are hereby vested in the City Treasurer; PROVIDED, that all Pagadian City Boulevard personnel who are engaged wholly or partially in the collection of fees, licenses, etc., in the Pagadian City Boulevard shall be under the direct administrative control and supervision of the City Treasurer to whom they shall directly be responsible for the diligent performance of their duties in accordance hereof; PROVIDED, FURTHER, that, in the performance of their regular duties the Pagadian City Boulevard Administrator and all other personnel assigned thereat, shall promptly report to the authorities concerned, all anomalies, irregularities, violations of ordinances and rules and regulations, or neglect of responsibilities, that may come to their attention in connection with the performance of their assigned duties.
SECTION 2. POSTING OF RULES AND REGULATIONS. - The Pagadian City Boulevard Administrator shall cause the posting in the bulletin boards in the Pagadian City Boulevard, in English or Pilipino or any prevailing dialect, the rules and regulations relative to the sanitation and good order in the Pagadian City Boulevard; the manner of leasing boulevard stalls, therein, privileges of boulevard stall holders, and other regulations as the Sangguniang Panlungsod may deem necessary. The Pagadian City Boulevard Administrator shall inform or furnish the boulevard stallholders copies in English or Pilipino or any prevailing dialect, of the rules and regulations pertaining to the efficient operation of boulevard stalls as may hereinafter be promulgated by authorities concerned.
ARTICLE III
SPECIAL BUSINESS PERMIT TO OPERATE WITHIN
THE PAGADIAN CITY BOULEVARD
SECTION 1. SPECIAL BUSINESS PERMIT TO OPERATE. - In order prevent environmental degradation, unsanitary and unsafe conduct of business and to promote the general welfare, all entities who wish to operate businesses within the Pagadian City Boulevard shall be required to secure a special permit to operate from the Permits and License Office of this City. The special permit shall be subject to the restrictions and conditions imposed under this Ordinance and under existing ordinances, laws, rules, and regulations.
SECTION 2. SPECIAL BUSINESS PERMIT FEE. - A fixed amount of One Thousand (P1,000.00) Pesos shall be imposed for the issuance of a special permit to operate a business within the Pagadian City Boulevard.
SECTION 3. REGULATORY FEES AND TAXES. - In addition to the special business permit fee, the Pagadian City Boulevard stall holders shall likewise pay all other regulatory fees and business taxes imposed under the local revenue code.
SECTION 4. VALIDITY OF THE SPECIAL PERMIT. - The special business permit shall be valid from January 1 to December 31 base on Calendar year. Special permit holders are given a grace period of ten (10) days from expiration to renew their licenses.
SECTION 5. GROUNDS FOR NON-RENEWAL OR REVOCATION OF SPECIAL BUSINESS PERMIT. - In order to protect the environment, promote public health, safety and welfare, the following shall be sufficient ground for the City Government to deny outright or revoke the special permit of a business establishment to operate within the Pagadian City Boulevard:
When the special permit was procured illegally or without authority;
Failure to pay the required fees and charges for two (2) consecutive months;
Throwing of waste materials into the nearby bay area and other improper disposal of waste material;
Unsanitary conduct of business;
Unsafe and dangerous conduct of business;
Refusal to comply with the lawful order of the City Government or any of its authorized agents;
Use or storage of toxic and hazardous materials;
Violation of any of the acts prohibited under this ordinance;
Any other ground which is reasonably necessary in for the protection of the environment, public health, safety, peace or welfare;
SECTION 6. AUTOMATIC MONTHLY REVIEW. - It shall be the duty of the Pagadian City Boulevard Administrator to conduct a mandatory monthly review and evaluation of the operations of all stall holders in the Pagadian City Boulevard. Should the Pagadian City Boulevard Administrator or his duly authorized representative finds any of the stall holders violating any of the grounds enumerated in Section 5, Article III of this ordinance, he shall immediately make a written report stating therein the name of the stall holder, the violation committed, and recommend to the Permits and License Office to revoke or to no longer renew the Special Permit of the erring stall holder.
SECTION 7. EFFECTS OF NON-RENEWAL OR REVOCATION OF SPECIAL PERMITS. - The non-renewal or revocation of the special permit, upon due notice, shall grant the City Government through the Permits and License Office sufficient authority to automatically close the establishment concerned and revert the boulevard stall to the City Government.
SECTION 8. ADMINISTRATIVE RELIEF FROM NON-RENEWAL OR REVOCATION OF SPECIAL PERMIT. - Any boulevard stall holder whose special permit is revoked or no longer renewed may file a formal letter to the City Mayor's Office requesting for reconsideration of the revocation or non-renewal of his special permit and citing therein his/her justification together will all relevant supporting documents if there are any.
SECTION 9. DECISION OF THE OFFICE OF THE CITY MAYOR. - Within thirty (30) days from receipt of the formal letter, the Office of the City Mayor may at his discretion, taking into consideration the surrounding circumstances, deny or grant the request. The decision of the Office of the City Mayor shall be final and executory.
SECTION 10. MANDATORY REQUIREMENTS FOR THE RE-OPENING OF A PREVIOUSLY CLOSED ESTABLISHMENT. - In no case shall any business establishment be re-opened without a prior favorable recommendation from the Pagadian City Boulevard Administrator and without first rectifying or correcting the deficiency found or damage caused.
ARTICLE IV
OPERATION OF THE PAGADIAN CITY BOULEVARD STALLS
SECTION 1. SCREENING OF APPLICANTS. - The following criteria shall govern the awarding of vacant boulevard stalls or booths and newly constructed boulevard stalls or booths in the newly constructed Pagadian City Boulevard to prospective applicants:
Priority consideration in the awarding of boulevard stalls is to be extended to applicants who have not incurred back accounts with the Office of the City Treasurer, and are not habitual delinquent taxpayers;
The applicant has not been accused nor convicted of violating any provisions of any of the City's Tax Ordinance and/or rules and regulations;
The applicant must be bonafide resident of the city for at least one (1) year, and should be of good moral character and social standing in the community;
The following applicants shall not be allowed to utilize boulevard stalls on the Pagadian City Boulevard:
Person/applicants suffering from any contagious or communicable disease;
Persons/applicants found by the Pagadian City Bay Boulevard Screening Committee to have violated any of the provisions of this Ordinance or any of the Tax Ordinances of the City.
SECTION 2. SCREENING AND AWARDING COMMITTEE. - A committee composed of the following shall be convened to conduct the screening of applicants and awarding of boulevard stalls in connection with the adjudication of vacant and/or newly constructed boulevard stalls or booths in the Pagadian City Boulevard of the city and certify to the results thereof, to wit:
Chairman: The City Mayor or his duly authorized representative
Members: 1. The City Tourism Officer or his duly authorized representative;
2. The City Economic Enterprise Department Head or his duly authorized representative;
3. The City Treasurer or his duly authorized representative;
4. The City Administrator or his duly authorized representative;
5. The Head, Permits and License Division or his duly authorized representative;
SECTION 3. TERMS AND CONDITIONS IN THE OCCUPATION AND USE OF PAGADIAN CITY BOULEVARD STALLS. - All newly constructed stalls, booths or tiendas in the newly constructed Pagadian City Boulevard shall be disposed of for occupation and utilized only in the manner prescribed in this Ordinance.
In no case shall the boulevard stallholders dispose of their waste materials, to the nearby bay area and surrounding area.
No boulevard stalls or booths shall be utilized for residential and/or boarding/lodging purposes.
No person shall be allowed to install, play or operate jukeboxes/videokes inside the Pagadian City Boulevard of the city.
The removal/opening of concrete partitions separating the boulevard stalls is strictly prohibited, unless applied for, and duly approved by the City Mayor upon a prior favorable recommendation from the Office of the Building Official that the removal/opening will not affect the structural integrity of the surrounding structures; Provided, that the boulevard stallholder shall have paid the required non-refundable reconstruction fee prior to the opening of the partition; Provided, further that only one (1) opening of a partition shall be allowed
No person shall sell, offer for sale, or expose for sale any goods or services in the Pagadian City Boulevard or use any boulevard stall without first having been assigned to a stall in the manner so provided herein.
Stallholders shall not be allowed to occupy boulevard stalls or spaces other than those leased to them, and it shall be the duty of the Pagadian City Boulevard Administrator and his subordinates to enforce the provisions of this section and all alike provisions of this ordinance.
No boulevard stall shall be utilized as storage room, warehouse or bodega.
All other stalls and spaces in the Pagadian City Boulevard shall be utilized in accordance with the prescribed usage and plan.
SECTION 4. BOULEVARD HOURS. - The Pagadian City Boulevard shall be opened for the sale of articles or merchandise permitted for sale therein from nine o'clock (9:00 A.M.) in the morning until eleven o'clock (11:00 P.M.) in the evening every day during the year; PROVIDED, that on the twenty-fourth (24th) and thirty-first (31st) day of December of every year, the Pagadian City Boulevard shall be opened from six o'clock (6:00 A.M.) in the morning until twelve o'clock (12:00 A.M.) midnight.
SECTION 5. WASTE MANAGEMENT. - All boulevard stallholders shall provide their own garbage receptacles, which shall be in conformity with the specifications prescribed by the City Waste Management Plan. All wastes shall be placed in appropriate receptacles provided for the purpose. Waste Management shall be in accordance with the provisions of the local ordinances in consonance with R.A. 9003 otherwise known as "The Ecological Solid Waste Management Act of 2000".
SECTION 6. CLEANING OF BOULEVARD STALLS. - The cleaning of boulevard stalls including the floor spaces thereof and all appurtenances thereto shall be done by the stallholders and their helpers. All waste materials shall be placed by them in the garbage receptacles provided in the preceding section. The Pagadian City Boulevard Administrator or his assistant shall see to it that the cleaners or laborers, who are charged with the proper cleaning of the Pagadian City Boulevard, do their duties regularly and efficiently to keep the Pagadian City Boulevard clean and sanitary at all times.
SECTION 7. DURATION IN THE USE AND OCCUPATION OF STALLS. - The use and occupation of boulevard stalls or booths, shall be a period of twelve (12) months and shall be renewable for another twelve (12) months upon mutual agreement of the parties. Should the City Mayor or his duly authorized representative revoke or no longer renew the special permit on any of the grounds enumerated in Section 4 Article 2 or for any reasonable or just cause or for any violation of the provision of this ordinance, its implementing rules and regulations, laws and other city ordinances, the agreement shall be deemed automatically cancelled/rescinded and the corresponding guarantee deposit be forfeited.
SECTION 8. DEATH OF STALLHOLDER. - Upon the death of the lawful holder of any boulevard stall in the Pagadian City Boulevard, the legal spouse or the legal heirs who are qualified are allowed to continue to occupy said boulevard stall upon payment of the corresponding fees and execution of a new lease contract.
SECTION 9. GENERAL POLICIES FOR ELECTRIC CONNECTIONS OF CITY BOULEVARD STALLS. - The following policies shall be observed in the public market in the city in the use of electrical connections and services;
The City Government shall provide all the lateral lines to all boulevard stalls.
All lighting systems in the passageways, open spaces and along the perimeter fence shall be provided and maintained by the City Government.
Electric meters and lighting materials such as bulbs of fluorescent lamps, electric wires and other electric materials that shall be required by the Office of the Pagadian City Boulevard Administrator for the individual stalls will be provided by the stallholders including the daily operating and maintenance cost.
Calibration fees and other incidental expenses on the electric meter shall be borne by the stallholders.
All electrical connections, alterations, repairs and/or maintenance shall be done only by persons authorized by the City Mayor or the Pagadian City Boulevard Administrator.
Monthly electrical expenses shall be borne by the boulevard stall holders.
Electric power consumption - the monthly consumption of every stall shall be computed individually in the following manner:
PC = (APCC x ZPR) + (ZPR (APCC) (K)
Where:
PC = power cost (individual stall)
APCC = actual power consumption
ER = The sum of all secondary electric meter readings
ZPR = ZAMSURECO-I power rate (per KWT)
MMR = Main Meter Reading
K = % Power Loss = MMR - ER x 100
MMR
SECTION 10. MECHANICAL AND PLUMBING POLICIES. - All plumbing and mechanical works for the boulevard stalls shall conform with the following policies to wit:
All repairs and/or alterations of the existing connections shall be done only by competent persons authorized by the management;
Stallholders shall be required to report immediately to the Office of the Pagadian City Boulevard Administrator any malfunction/defect of its water system, electrical connection, drainage facilities, lavatories and comfort rooms, and other related problems;
Monthly reading of the water/electric meters of the individual boulevard stalls shall be done by their respective providers.
SECTION 11. POLICY ON ABANDONED ARTICLES. - All articles abandoned in the Pagadian City Boulevard, in violation of any provision of this Ordinance or any rules and regulations relating to the administration of the Pagadian City Boulevard Recreation, shall be deemed a nuisance and it shall be the duty of the Pagadian City Boulevard, and his subordinates to take custody of the same.
In case the articles are claimed within twenty-four (24) hours, the same shall be returned to their respective owners upon payment of actual expenses incurred in the safe keeping of the same unless the articles have so deteriorated as to constitute hazard to the public health, in which case, they shall be disposed of at his discretion and cause the criminal prosecution of the guilty party. If the articles have not deteriorated and are not claimed within seventy-two (72) hours from the period or time of abandonment, said article shall be sold at public auction, and the proceeds thereof, disposed of in accordance with the law.
SECTION 12. LIABILITY IN CASE OF LOSSES. - The City Government shall not be held responsible or liable for any loss/losses or damages which a boulevard stallholder might incur inside the Pagadian City Boulevard by reason of fire, theft, negligence, or any other causes; any merchandise or property left in inside the Pagadian City Boulevard during the hours the public markets are closed shall be at the risk of the boulevard stallholders; PROVIDED, HOWEVER, that it shall be the duty and obligation of the Pagadian City Boulevard Administrator and his subordinates to exercise reasonable diligence and care to prevent the loss of any property, public or private, inside the Pagadian City Boulevard and for this purpose, shall apprehend and turn over to the police any person or persons committing any offense inside.
ARTICLE V
FEES, CHARGES, MODE AND MANNER OF PAYMENT
SECTION 1. BOULEVARD STALLS AND FEES. - The Stall Fees for the fixed stalls located inside the Pagadian City Boulevard shall be Five Thousand Pesos (P5,000.00) per month. Non-permanent stalls and all other boulevard stalls which are temporary in character shall be charged with a daily stall fee of Twenty Pesos (P20.00) per square meter per day.
SECTION 2. SURCHARGE FOR LATE PAYMENT. - The stallholders of fixed boulevard stalls who fails to pay the boulevard stall fee within the period given shall be subject to a surcharge equivalent to twenty five percent (25%) of the monthly stall fee. The stallholders of awarded boulevard stalls, who fails to pay the daily boulevard stall fee for a total of (15) fifteen days or more, whether consecutive or cumulative, shall be subject to a surcharge equivalent to a twenty five percent (25%) of the total boulevard stall fee due.
SECTION 3. MANNER OF COLLECTING STALL FEES OF FIXED STALLS. -
a) The boulevard stall fee for fixed stalls, booths or tiendas shall be collected monthly to be paid within the first twenty (20) days of the month. Boulevard stall fees shall be consistent with the rates specified in this Ordinance.
b) All fees shall be paid in advance or collected regularly or daily as the case may be, and official receipts and cash tickets corresponding to or equal to the amount of fees collected be issued to the boulevard stall owner or owners.
SECTION 4. AMOUNT TO BE DEPOSITED. - It shall be obligatory for awardees of permanent boulevard stalls, booths or tiendas to pay within ten (10) working days after awarding in the Office of the City Treasurer, the guarantee deposit of one month advance and one month deposit of the monthly rental. Only after such deposit is made and the accomplishment of the required documents shall awardees be allowed to occupy the boulevard stalls, booths or tiendas awarded to them. Failure to pay the same within the prescribed time would subject the cancellation of the award.
SECTION 5. PARKING FEES. - All vehicles shall be allowed to enter the premises of the Pagadian City Boulevard; PROVIDED, that they shall only park at the designated parking space; PROVIDED further that corresponding parking fees shall be paid by its owner and/or driver at the following rates:
TYPE OF VEHICLE PARKING FEE
First Two Hours Succeeding Hours
a) Motorcycles/bicycles P 10.00 P 5.00 per hour
b) Three (3) to Four (4) wheeled vehicle 20.00 10.00 per hour
c) Six (6) wheeled vehicles and up 50.00 25.00 per hour
SECTION 6. RESTROOM REGULATORY FEES. - In order to maintain the overall cleanliness, sanitation, accessibility, and utility of the newly constructed Comfort Rooms in the Pagadian City Boulevard any individual who wishes to avail of the restroom shall pay the hereunder regulatory fees:
Urination (ihi) P10.00
Excretion (libang) 10.00
ARTICLE VI
AUTHORITY TO ENTER, EXECUTE AND SIGN A WRITTEN AGREEMENT
SECTION 1. AUTHORITY TO ENTER, EXECUTE AND SIGN. - Authority is hereby given to the City Mayor or his duly authorized representative, or the Pagadian City Boulevard Administrator as the case may be to enter, execute, and sign written agreements involving the use and occupation of boulevard stalls located inside the Pagadian City Boulevard.
SECTION 2. PRO FORMA WRITTEN AGREEMENT. - Immediately upon the awarding of the boulevard stall, the City Government and the awardee/stallholder shall execute and accomplish the hereunder pro-forma written agreement to wit:
"AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
This Agreement is made and executed by and between:
The City of Pagadian, represented by the Mayor __________________ authorized under City Ordinance No. 2018-407 hereinafter referred to as "CITY";
- and -
_______________________________, Filipino, of legal age, single/married to __________________________ a resident of ____________________________ hereinafter referred to as the "STALL GRANTEE".
W I T N E S S E T H
That the CITY is the owner of several stalls located inside the Pagadian City Boulevard in Barangay Santiago, Pagadian City, Zamboanga del Sir.
That the CITY grants a privilege to the STALL GRANTEE and the latter accepts the privilege to use and occupy Stall No. _____________ a the Pagadian City Boulevard on the following terms and condition, to wit:
That the term of this lease shall be twelve (12) months to commence on ______________________ renewable for another twelve (12) months at the option of both contracting parties.
That the possession or occupation of stall is a mere privilege subject to existing laws and ordinance and may be withdrawn if public interest so requires;
That this Agreement shall be valid and existing for a period of time mentioned above provided no violation or breach of the condition herein stipulated is committed by the STALL GRANTEE and no laws or ordinances, rules and regulations are transgressed by the STALL GRANTEE;
That the rental per stall shall be __________ Pesos (P_____) per square meter per day or __________ Pesos (P_____) monthly payable daily or within the first twenty (20) days of the month without need of demand. Default in payment of the rental due shall be valid ground for the revocation of the privilege to hold a stall and will mean, upon due notice, that the stall effected shall automatically revert to the CITY. There is default if there is failure to pay any two (2) months rental due at the herein stipulated time.
That the STALL GRANTEE agrees and binds himself that should he fail to pay the boulevard stall fee within the period given shall be subject to a surcharge equivalent to twenty five percent (25%) of the monthly stall fee. The stallholders of awarded stalls, who fails to pay the daily stall fee for a total of (15) fifteen days or more, whether consecutive or cumulative, shall be subject to a surcharge equivalent to a twenty five percent (25%) of a total stall fee due
That the stall has been received by the LESSEE in good habitable condition and the STALL GRANTEE shall use the same solely for commercial or business purposes and in accordance with the conditions herein terms and conditions; and shall not sell or store explosives, offensive and obnoxious materials or merchandise.
That all the ordinary repairs within the premises that may arise in the daily use of the facilities thereon shall be for sole account and expenses of the STALL GRANTEE, without right to reimbursement.
That the STALL GRANTEE cannot sublease, sell or encumber, waive or transfer of his/her rights to the stall assigned to him/her by virtue of this Agreement nor to allow anybody to use the same even temporarily no matter how short the time is.
That the expenses for the electricity, light and water, assessed for the respective stalls shall be defrayed by the STALL GRANTEE.
That the STALL GRANTEE shall be responsible for the observance of sanitary and electrical regulations required or imposed by the CITY or government authorities regarding the use and habitation of the leased premises.
That the STALL GRANTEE shall notify the CITY at least thirty (30) days in advance should the STALL GRANTEE decide to abandon the leased premises.
That the STALL GRANTEE agrees and binds himself to keep the stall and its surroundings in good sanitary condition and comply with all sanitary and Pagadian City Boulevard rules and regulations now existing or which may hereinafter be promulgated by the CITY. Violation of this condition shall be sufficient ground for the City to revoke and/or deny the privilege of the STALL GRANTEE to hold a stall and will mean, upon due notice, that the stall effected shall automatically revert to the CITY.
That the STALL GRANTEE agrees and binds himself and his employee(s) or helper(s) to exercise proper courtesy in dealing with the customer or the public.
That the STALL GRANTEE agrees and binds himself never to make any alterations and improvements, extensions ("excess") without the permission from or approval of the City Mayor. Provided that a minimum of P5, 000.00 and a maximum of P20,000.00 non-refundable reconstruction/alteration/ improvement/extension guarantee fee shall be paid for the alteration thereof. In the absence of such permission or approval, the said alterations, improvements, or extensions can be removed or demolished anytime by the CITY without obligation to reimburse to the STALL GRANTEE the cost of such alterations, improvements or extensions ("excess").
That the STALL GRANTEE agrees and binds himself to comply with the existing regulations and or which may be hereinafter be promulgated by the CITY regarding the placing of sign board or billboard or any form of advertisement in their stall.
That the STALL GRANTEE agrees that his use, occupation and operation of a stall in the Pagadian City Boulevard is subject to a mandatory monthly review and binds himself to abide by the decision and/or appropriate action of the duly constituted authorities.
That the STALL GRANTEE agrees and binds himself that in the event that his Special Permit to use and occupy a stall inside the Pagadian City Boulevard is revoked or no longer renewed, this agreement is deemed automatically rescinded/cancelled.
That any violation of the terms and conditions, the stipulated rules and regulations promulgated by the CITY shall be valid cause for the cancellation or revocation of this Agreement and automatically the stall affected shall revert to the CITY.
Unless reconsidered by the City, the notice of cancellation, revocation, rescission or recall of this privilege to hold, occupy the stall herein defined shall be immediately effective and enforceable upon receipt of the notice or posting of the Notice on the stall itself in case the STALL GRANTEE could not be served a copy of the Notice for whatever reason.
In the event of rescission, cancellation, recall and/or revocation of the herein right to occupy stall, the STALL GRANTEE empowers the CITY the right to padlock the stall affected and appoints the CITY as his/her Attorney-in-fact to offer public auction the goods inside the stall and the proceeds of the sale to be applied first to whatever obligation he/she owes to the CITY, if after satisfying this, there still remains any, the same shall be given to the STALL GRANTEE.
Should the CITY be compelled to seek judicial relief against the STALL GRANTEE, the latter voluntarily undertakes and obligates itself to pay all litigation expenses and other damages the CITY could prove and the court would deem just and equitable.
Any lawsuit arising from this contract shall be filed exclusively in the appropriate courts in the city of Pagadian.
IN WITNESS WHEREOF, parties herein above named affixed their signature this _______ day of ____________________, _____ at _______, Pagadian City, Zamboanga del Sur.
CITY OF PAGADIAN STALL GRANTEE
by: by:
_________________ _________________
City Mayor Stall Grantee
Signed in the presence of:
_________________ _________________
City Treasurer
Republic of the Philippines )
City of Pagadian ) S.S.
BEFORE ME, personally appeared Mayor _______________________ of Pagadian City, Zamboanga del Sur, with Pagadian City Government ID No. __________________, issued at Pagadian, Zamboanga del sur, and ___________________________ with ID No. ______________, known to me to be the same persons who executed the foregoing document consisting of ____ pages including this page in which the acknowledgment is written and acknowledged to me that the same is their free and voluntary act and deed.
WITNESS MY HAND AND NOTARIAL SEAL this _________ day of _______________________, ______ at Pagadian, Zamboanga del Sur.
_________________
Notary Public
Doc. No. ______________
Page No. ______________
Book No. ______________
Series of 200___________"
ARTICLE VII
P R O H I B I T E D A C T S
SECTION 1. ILLEGAL STRUCTURES INSIDE THE PAGADIAN CITY BOULEVARD. - No shanty or structure in the nature of the independent room or rooms shall be permitted to be constructed in or about the Pagadian City Boulevard, except the buildings authorized for offices or boulevard personnel or other city purposes. Any shanty or structure surreptitiously or illegally constructed shall immediately be demolished and/or be demolished at the expenses of the owner and with corresponding fine or penalty.
SECTION 2. DIVING AND JUMPING OFF THE CONCRETE EDGE OF THE PAGADIAN CITY BOULEVARD. - In order to prevent any untoward accident and injury, it is strictly prohibited for visitors and swimmers alike to dive and jump off the concrete edge of the boulevard unto the sea.
SECTION 3. PEDDLERS, HAWKERS, COURTS (PATIOS) SIDEWALKS, ETC. - Peddlers or hawkers shall not be permitted inside the Pagadian City Boulevard without the express approval of the City Mayor. Pagadian City Boulevard Officials, employees and gate guards, and policemen assigned or detailed in the vicinity shall exercise strict vigilance in the implementation thereof and are enjoined to strictly comply with these provisions.
SECTION 4. LITTERING AND BEGGING. - Littering inside the Pagadian City Boulevard is abhorred and is strictly prohibited. No person shall be permitted to beg, solicit alms or contributions in or about the Pagadian City Boulevard.
SECTION 5. ALTERING OF STALLS, OR FIXTURES, ETC. - No person shall alter, disfigure, add to or change the structure of any boulevard stall or fixture without the permission from or approval of the City Mayor as recommended by the City Engineer or the Pagadian City Boulevard Administrator and approved by the Sangguniang Panlungsod. Provided that a minimum of P5,000.00 and a maximum of P20,000.00 non-refundable reconstruction guarantee fee shall be paid for the alteration thereof.
SECTION 6. OBSTRUCTING OR ANNOYING EMPLOYEES, SITTING OR RECLINING ON STALLS. - No person shall annoy or obstruct boulevard stall employees in the discharge of their duties; nor shall any person obstruct or annoy the public in their enjoyment of the Pagadian City Boulevard.
SECTION 7. PROHIBITED PARKING. - It is absolutely prohibited for drivers to park their vehicles inside the Pagadian City Boulevard other than the designated parking area.
SECTION 8. SUB-LEASING OR SALE OF BOULEVARD STALLS. - The sub-leasing and sale of stalls in the Pagadian City Boulevard shall be considered a criminal act. The sub-lessor and the sub-lessee of any stall in the Pagadian City Boulevard shall be held criminally liable.
Acquisition of stalls in the Pagadian City Boulevard by any applicant shall be under the direct supervision and control of the City Mayor and shall be qualified only under proper processes or provided in this Ordinance.
Where the person, natural or juridical, whose name appears in the official register as stallholder in the Pagadian City Boulevard, is not in reality the same person who is actually and personally occupying the subject boulevard stall or booth, the written agreement, the special permit and all other documents relative to the business operation shall be deemed cancelled or voided.
The written agreement and special permit shall likewise be cancelled and revoked should, upon verification, the person appearing in the official register be positively identified as a dummy and subsequently the forfeiture of his/her guarantee deposit.
ARTICLE VIII
P E N A L T I E S
SECTION 1. PUNISHIBLE ACTS OF THE STALL HOLDERS. - Unless otherwise provided and/or specified in any Article and/or Section of this Ordinance, neglect or failure of boulevard stallholders to comply with the provision hereof shall be penalized as follows:
First Offense: a fine of One Thousand Five Hundred Pesos (P1,500.00);
Second Offense: a fine of Five Thousand Pesos (P5,000.00);
Cancellation of the Special Permit and the boulevard stall, space or booth shall be automatically forfeited and be forthwith declared vacant to be advertised for application to any qualified and interested applicant.
SECTION. 2 PENALTY OF PERSONS OTHER THAN THE STALL HOLDERS. - Except for the stallholders, any other person found guilty of violating any of the prohibited acts under Article VII of this ordinance shall be meted with the hereunder corresponding penalties:
First Offense: a fine of Two Hundred Pesos (P200.00)
Second Offense: a fine of FiveHundredPesos (P500.00)
Third Offense: a fine of One Thousand Five Hundred Pesos (1,500).
ARTICLE IX
IMPLEMENTING RULES AND REGULATIONS
Section 1. The City Tourism Office shall head the immediate formulation of an implementing rules and regulations together with the City Legal Officer, City Economic Enterprise Department Head, the Chiefs of the Permits & Licensing and Public Service Divisions, both under the Office of the City Mayor, the City Environment and Natural Resources Officer, and the City Health Officer, as members."
ARTICLE X
E F F E C T I V I T Y
Section 1. This Ordinance shall take effect immediately upon its approval.
ENACTED AND APPROVED by the 12th City Council of Pagadian City during its 93rd Regular Session held on 17 July 2018 at the Sangguniang Panlungsod Session Hall, Pagadian City.