ORDINANCE NO: 2022-513 Sponsored by: Honorable Arnold R. Gavenia "AN ORDINANCE TO DECLARE ABANDONED AND/OR PERMANENTLY CLOSED, BEING NO LONGER USABLE FOR ROAD EXPANSION DEVELOPMENT, THE PORTION OF SALERA STREET MORE PARTICULARLY THE DEAD-END ROAD ADJACENT TO GATAS CREEK, SITUATED AT BARANGAY GATAS, PAGADIAN CITY, AND FOR OTHER PURPOSES" WHEREAS, Section 16, Article II of Republic Act 7160 provides that, "Every local government unit shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, 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, preserve the comfort and convenience of their inhabitants; WHEREAS, Paragraph (a), Section 21, Article II of R.A. 7160, also provides that "A local government unit may, pursuant to an ordinance, permanently or temporarily close or open any local road, alley, park, or square falling within its jurisdiction: Provided, however, that in case of permanent closure, such ordinance must be approved by at least two-thirds (2/3) of all the members of the Sanggunian; WHEREAS, the City has maintained as part of the city street system, a road commonly known as Salera Street-(a portion of it adjacent to Gatas Creek is the subject of this ordinance) located at Barangay Gatas, Pagadian City, more particularly described as follows: (BLLM #3-1, S 65 30' W at 311.36m; 1-2, S 11 34' E at 24.5m; 2-3, S 78 26' W at 13.17m; 3-4, N 11 35 W at 5.58m; 4-5, N 11 35' W at 10.51m; 5-1, N 45 59' E at 15.58m), the sketch map, Exhibit "A" is attached hereto and incorporated herein by reference; WHEREAS, the Office of the City Engineer has certified that the afore-mentioned road lot has no possible future development and expansion considering the uphill terrain and dead-end as stated in Exhibit "B" which is attached hereto and incorporated herein by reference; WHEREAS, the Sangguniang Panlungsod have conducted a series of public hearings regarding the abandonment of the subject road lot; WHEREAS, the Mayor and the Sangguniang Panlungsod, in the exercise of their sound judgment and discretion, after giving thorough consideration to all the implications involved, and keeping in mind the public interest and welfare of the citizens of the city, have determined that abandoning the said road lot would be advantageous to and would best benefit the general population of the city; WHEREAS, the City Government now wishes to declare the subject road lot as abandoned and/or permanently closed; and to authorize the appropriate agency to remove all references of the subject road lot from any of the city records reflecting the city's street system; NOW, THEREFORE, be it ordained by the Sangguniang Panlungsod (13th City Council) of Pagadian City in session assembled that: SECTION 4. SEVERABILITY. To the extent that any portion of this Ordinance is declared to be invalid, unenforceable, or nonbinding, shall not affect the remaining portions of this Ordinance. SECTION 5. REPEAL OF CONFLICTING PROVISIONS. All City Ordinances that are inconsistent with this Ordinance are hereby repealed. SECTION 6. EFFECTIVE DATE. This ordinance shall take effect immediately upon approval. ENACTED AND APPROVED by the Sangguniang Panlungsod (13th City Council) during its 132nd Regular Session on 08 June 2022 conducted via Video Conferencing.