An Ordinance Amending Chapter VI of City Ordinance No. 2011-12 or Also Known as the 2012 Revenue Code of the City of La Carlota

February 29, 2012 LA CARLOTA CITY ORDINANCE NO. 116-12 AN ORDINANCE AMENDING CHAPTER VI OF ORDINANCE NO. 2011-112 OR ALSO KNOWN AS THE 2012 REVENUE CODE OF THE CITY OF LA CARLOTA Be it ordained by the Sangguniang Panlungsod of the City of La Carlota in its regular session assembled and on motion by Hon. Luis J. Jalandoni III jointly seconded by Hons. Ciriaco D. Sia, Jr., Julian M. Chiang, Jacob E. Liansing, Annabelle Q. Bermudo, Francisco D. Oplas and Richard Sebastian S. Benedicto. SECTION 1. Title . An Ordinance amending Chapter VI of City Ordinance No. 2011-12 or also known as the 2012 Revenue Code of the City of La Carlota. SECTION 2. Article G-Market Rental Fees on Agora Annex Building . That Article G shall be inserted or added to Chapter VI of Ordinance No. 2011-112 solely intended to define the market operations, rental fees, and terms and condition on Agora Annex Building. SECTION 6G.01. DEFINITION OF TERMS. AGORA Annex Building refers to 2-storey public market building, which is constructed along Burgos Street corner Valois Street of this city. LESSEE refers to an individual, cooperative, association or corporations who is leasing and actually occupy the particular block or blocks of Agora Annex Building. Rental Fee refers to fee being charged by the city to the Lessee for the use of blocks(s) or stall(s) of Agora Annex Building. Stall refers to concrete tables for selling or dispensing goods or to display goods for sale, which are constructed at the back of Agora Annex Building. Block refers to compartment(s) of main building of Agora Annex Building to be used as selling area or dispensing goods and/or services or to display goods for sale. Leased Premises refers to block(s) or stall(s) being leased. SECTION 6G.02. IMPOSITION OF FEES. There shall be collected and/or imposed fees for the use of Agora Annex Building as follows: 1. Ground Floor Blocks, front Php5.25 per sq.m./day 2. Ground Floor Blocks, back 4.25 per sq.m./day 3. Second Floor Blocks 4.25 per sq.m./day 4. Stalls 3.00 per sq.m./day SECTION 6G.03. ADVANCE RENTAL FEES AND DEPOSITS. The Lessees are required to pay the following prior to signing of Lease Agreement 1. An advance rental fees equivalent to Two (2) months rental fees to cover the losses of the city, in case the termination of Lease Agreement is due to the failure or non-payment of rental fees. Two (2) months period here refers to the maximum grace period given to the lessee to settle his account before the City. After this period, the City has the right to terminate the Lease Agreement and take the possession of the leased premises without need of Court order. 2. Deposits equivalent to another one (1) month rental fees to cover any possible damage(s) on the leased premises when the lessee decides to return it to the City for some valid reason(s). The deposit shall be refunded by the City to the lessee upon return of leased premises. Prior to the return of leased premises, the City Engineering Office (CEO) shall conduct an inspection of the leased premises with the presence of the lessee and the same shall issue a certification regarding the extent of damage(s) in terms of peso value, if any, of the leased premises which shall be then used as basis in determining the amount of money to be refunded to the lessee. In case the lessee will not be available for inspection of leased premises despite of notice(s) sent by the CEO, the latter may inspect the leased premises after one (1) month from the date of first notice even without the lessee's presence. After this period, the City may award the said leased premises to interested lessee or applicant. SECTION 6G.04. OTHER TERMS AND CONDITIONS. 1. The lessees are required to maintain its own power and water connections. 2. The lessees are prohibited to transfer their rights and privileges without the knowledge of the City. This is one of the valid grounds to terminate the lease agreement. 3. The lessee whose lease contract with the City has been terminated due to violation(s) of the lease agreement shall be permanently dis-qualified to do business with any public markets owned and operated by the City. SECTION 6G.05. INCREASE IN FEES. The rental fees cited in Section 4 shall be increased by 10% once in every five years. SECTION 6G.06. TIME AND MANNER OF PAYMENT. The rental fees shall be paid to the City Treasurer or his duly authorized representative on a daily basis. However, the lessee can pay the rental fees on a monthly basis, provided, it is paid a day before of the applicable month. The advance rental fees and deposits shall be paid in full in the City Treasurer or his duly authorized representative prior to signing of Lease Contract. SECTION 6G.07. SURCHARGE FOR LATE OR NON-PAYMENT OF FEES. The lessee who fails to pay the rental fees on time shall be subjected to pay a surcharge of twenty-five (25%) percent of the rent due. Failure to pay the rental fee for the three (3) consecutive months shall cause automatic cancellation of the contract of the lease. The leased premises shall be declared vacant and subject to adjudication. SECTION 6G.08. ALL REVENUES GENERATED FROM AGORA ANNEX BUILDING SHALL BE FORMED PART OF THE GENERAL FUND. "All revenues collected or earned from rental fees and surcharges, if any, on Agora Annex Building shall be considered as regular income of the City and, therefore, be reflected in the books of accounts as part of the General Fund. Any amount which remains as Trust Fund shall immediately be transferred to General Fund upon approval of this Ordinance." SECTION 6G.09. ADMINISTRATIVE PROVISIONS. Administrative provisions of Ordinance 2011-112, series of 2012, Chapter VI, Article A, Section 6A.08 to Section 6A.12 shall be observed, except the market hour for the blocks on the ground floor located at the frontage which can operate twenty-four (24) a day subject to approval of the City Mayor. SECTION 3. Repealing Clause . City Ordinance No. 2007-043 and all Ordinances, rules and regulations or part thereof, in conflict with, or inconsistent with any of this Ordinance are hereby repealed or modified accordingly. SECTION 4. Effectivity Clause . This Ordinance shall take effect fifteen (15) days upon its approval and posting in at least three (3) conspicuous public places in the City or publication to newspaper locally circulated in the City. ENACTED this 29th day of February 2012 at La Carlota, Philippines. I HEREBY CERTIFY to the correctness of the foregoing Ordinance which was an enacted by the Sangguniang Panlungsod during its regular session held at the Session Hall on February 29, 2012. APPROVED: (SGD.) KAREN L. AGUIRRE (SGD.) REX R. JALANDON (SGD.) LUIS J. JALANDONI III (SGD.) CIRIACO D. SIA, JR. (SGD.) JULIAN M. CHIANG (SGD.) JACOB E. LIANSING (SGD.) JAIME MANUEL H. MARIO (SGD.) ANNABELLE Q. BERMUDO (SGD.) AMALIA D. AGUIRRE (SGD.) FRANCISCO G. OPLAS (SGD.) RICHARD SEBASTIAN S. BENEDICTO ABSENT: MANUEL R. BADILLO (SGD.) DAVID T. BAGA, JR. City Vice Mayor & Presiding Officer ATTESTED: (SGD.) SONIA P. DELGADO Records Officer III/OIC Secretary to the Sanggunian APPROVED: March 5, 2012 (Date) (SGD.) JULIET MARIE D. FERRER City Mayor