An Ordinance Amending Section 2 of City Ordinance No. 330, Series of 2003, "An Ordinance Amending Section 18 (T) of Ordinance No. 1, Series of 1974 Otherwise Known as the Revenue Code of Bacolod City and Ordinance No. 50, Series of 1988, Imposing the Proper Fees for the Restoration of Pavements, Public Street/Roads of the City of Bacolod When Excavated by Any Persons, Form or Corporation, Particularly Subsections 2, 3, 4 and 5

May 4, 2011 BACOLOD CITY ORDINANCE NO. 536-11 AN ORDINANCE AMENDING SECTION 2 OF CITY ORDINANCE NO. 330, SERIES OF 2003, "AN ORDINANCE AMENDING SECTION 18 (T) OF ORDINANCE NO. 1, SERIES OF 1974 OTHERWISE KNOWN AS THE REVENUE CODE OF BACOLOD CITY AND ORDINANCE NO. 50, SERIES OF 1988, IMPOSING THE PROPER FEES FOR THE RESTORATION OF PAVEMENTS, PUBLIC STREET/ROADS OF THE CITY OF BACOLOD WHEN EXCAVATED BY ANY PERSONS, FORM OR CORPORATION, PARTICULARLY SUBSECTIONS 2, 3, 4 AND 5 WHEREAS, Section 2, subsections 2, 3 and 4 of Ordinance No. 330, Series of 2003 provides for the imposition on any person, firm or corporation, the appropriate restoration cost by the City for the restoration of pavements and public streets of the City, they excavate; WHEREAS, the charges, stated therein no longer reflect the current prices of materials/inputs needed for the restoration of pavements, public streets/roads of the City; WHEREAS, there is a necessity to update the restoration costs to reflect the current market value of materials/inputs needed to effect the same; WHEREAS, a proper study on the matter must be undertaken by the appropriate agency of the city to transcribe to current market values of the said materials/inputs; WHEREAS, Section 2, Sub-Section 5 of the abovementioned ordinance directs the City Engineer's Office to restore all excavations made by any person, firm or corporation; WHEREAS, the multifarious duties and functions of the City Engineer's Office and the manpower requirement notwithstanding, the bureaucracy in the restoration process between the respective parties involved, causes unwanted delays and in turn, hampers the flow of traffic, trade and commerce and road safety; TSaEcH WHEREAS, directing the person, firm or entity causing the excavation and setting the necessary safeguards to ensure the expeditious restoration of the excavation without compromising the restoration standards' integrity, will hasten the process of the restoration; WHEREAS, updating the restoration costs and directing the excavating party concerned to restore the same subject to guidelines set by the City Engineer's Office, will streamline the restoration process and properly address traffic, trade and commerce and road safety. NOW, THEREFORE BE IT ORDAINED, by the Sangguniang Panlungsod of Bacolod that: SECTION 1. The provision of Section 2 of Ordinance No. 330, Series of 2003, particularly subsections 2, 3, 4 and 5 insofar as the imposition of costs for the excavation of public roads, and/or pavements and the entity responsible for restoration are concerned, are hereby repealed and/or amended. SECTION 2. In lieu of the above repealed rates, the following fees are now imposed: RESTORATION COST: 2.2 Gravel/Stone Macadam Roads P225.00/sq.m. 2.3 Asphalt Pavement P2,500.00/sq.m. 2.4 Concrete Pavement: .25m thick P2,100.00/sq.m. .20m thick P1,600.00/sq.m. .15m thick P1,200.00/sq.m. Concrete Sidewalk: 0.10M P375.00/sq.m. Combination Curb & Gutter: P875.00/sq.m. Concrete Gutter: P375.00/sq.m. SECTION 3. Restorations shall be done by the person, form or corporation excavating, "subject to the standards and requirements set by the City Engineer's Office duly approved by the Sangguniang Panlungsod," unless the contrary is so authorized by a resolution from the Sangguniang Panlungsod. TAacCE SECTION 3.1. The mother company, contractor and sub-contractor shall notify the City Engineer's Office in writing at least one (1) month before starting specific work or any activity related thereon. The notice in writing must include, but not limited, to the following: plans, areas covered, period, cost and other necessary information. SECTION 3.2. The City of Bacolod thru the City Engineer's Office shall inspect and supervise the excavated pavements, public streets/roads prior to and after completion of work. SECTION 3.3. The mother company, contractor and sub-contractor shall put up early warning devices and notice of work with the name of the company, date of start and completion of the project. The signage to be placed at least three (3) meters away from the excavations or job sites. It must inform the public of possible alternative routes and assigned re-routings and any other means necessary to ensure public safety and the smooth flow of traffic so as not to hamper public order, trade and industry. SECTION 3.4. The excavated pavements, public streets/roads shall be restored within seven (7) days after completion of work subject to the penalties provided thereof. SECTION 3.5. It shall be the responsibility of the mother company, contractor and sub-contractor to restore excavated pavements, public streets/roads, within the period required by this ordinance. SECTION 3.6. The entities concerned shall post a cash bond of ten (10) percent of the project cost to be determined by the City Engineer's Office which shall be required before the start of the excavation. A receipt thereof shall be given and the cash bond shall be returned upon full restoration of excavated pavements, public roads/streets of the City, to be determined by the City Engineer's Office thru a certificate of completion. SECTION 4. Failure to comply with the above provision will cause for the revocation of the aforementioned entities' business and other related permits, after due notice. A fine of Five Thousand Pesos (P5,000.00) will likewise be imposed upon the mother company, contractor and subcontractor for non-compliance. SECTION 5. The other provisions of Section 2 of City Ordinance No. 330, Series of 2003, not otherwise specifically amended shall remain in full force and effect. cAaETS SECTION 6. This ordinance shall take effect fifteen (15) days following the publication requirement set by law. CARRIED BY THE VOTE OF: Affirmative: Councilors: Homer Q. Bais, Archie S. Baribar, Roberto M. Rojas, Catalino T. Alisbo, Em L. Ang, Dindo C. Ramos, Elmer T. Sy, Sonya M. Verdeflor, Al Victor A. Espino, Caesar Z. Distrito, Carlos Jose V. Lopez. Negative: None. Absent: None. Official Leave: Councilor Mona Dia G. Jardin. Author: Councilor Carlos Jose V. Lopez. Passed: May 4, 2011 (44th Regular Session) Comments: Passed. Councilor Keith Emmanuel L. Ramos was not yet around when this City Ordinance was passed. (SGD.) EL CID M. FAMILIARAN Acting Vice Mayor Acting Presiding Officer ATTESTED: (SGD.) RECENITA G. LOGRUNIO OIC, Secretary to the Sanggunian Approved: May 18, 2011 (SGD.) JUDE THADDEUS A. SAYSON Acting City Mayor ATTACHMENT Republika ng Pilipinas Tanggapan ng Sangguniang Panlungsod Lungsod ng Bacolod CERTIFICATION This is to certify that City Ordinance No. 536 , Series of 2011, passed by the Sangguniang Panlungsod on May 4, 2011, entitled: CHDAEc "AN ORDINANCE AMENDING SECTION 2 OF CITY ORDINANCE NO. 330, SERIES OF 2003, "AN ORDINANCE AMENDING SECTION 18 (T) OF ORDINANCE NO. 1, SERIES OF 1974 OTHERWISE KNOWN AS THE REVENUE CODE OF BACOLOD CITY AND ORDINANCE NO. 50, SERIES OF 1988, IMPOSING PROPER FEES FOR THE RESTORATION OF PAVEMENTS, PUBLIC STREET/ROADS OF THE CITY OF BACOLOD WHEN EXCAVATED BY ANY PERSONS, FORM OR CORPORATION, PARTICULARLY SUBSECTIONS 2, 3, 4 AND 5." was published in the May 23, 2011 issue of Sun Star Bacolod and was likewise posted in the bulletin board of the Sangguniang Panlungsod at the New Government Center as required in the said City Ordinance and is now therefore legally in effect. Bacolod City, Philippines, June 7, 2011. (SGD.) ATTY. NILO T. ALEJANDRINO Secretary to the Sanggunian