Urbiztondo Ordinance No. 6 (2022)

by Reynaldo T. Bautista and Pepito N. Calugay

Republic of the Philippines
Province of Pangasinan
MUNICIPALITY OF URBIZTONDO

Office of the Sangguniang Bayan

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EXCERPT FROM THE RECORD OF PROCEEDINGS OF THE 33rd REGULAR SESSION OF THE SANGGUNIANG BAYAN OF URBIZTONDO, PANGASINAN, HELD ON AUGUST 15, 2022, AT THE LEGISLATIVE BUILDING

Present: Vice Mayor Volter D. Balolong Presiding Officer Coun. Mirla D. Balolong Member Coun. Alexis G. dela Vega Member Coun. Pepito N. Calugay Member Coun. Zenaida P. Espinosa Member Coun. Renzie M. Dispo Member Coun. Reynaldo T. Bautista Member Coun. Dyna P. de Guzman Member Coun. Joel M. Frias Member Coun. Rozel Clyde D. Uson Member (SKF Pres.) Coun. Fernando L. Tapiador Member (ABC Pres.) ​ Absent: None ​

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MUNICIPAL ORDINANCE NO. 6 – 2022

Sponsored by the Committee on Budget, Finance and Appropriation and
Committee on Market, Slaughterhouse and Cemetery
Chaired by: Coun. Reynaldo T. Bautista and Coun. Pepito N. Calugay

 

An Ordinance Providing for Goodwill and Monthly Rental Fees for the One Hundred Twenty Three (123) Steel Matted Stalls and Twenty Three (23) Eateries and Refreshment Commercial Stalls located at Buildings 1, 2, 3 and Arambulo Bldg. Located at the Urbiztondo Public Market, Urbiztondo, Pangasinan and Providing Guidelines for Occupancy and Operation Thereof

 

WHEREAS, the Local Government of Urbiztondo constructed additional market buildings to accommodate and cater the needs of the growing number of investors in our municipality;

WHEREAS, better facilities, stalls and cleanliness and orderliness in the market will attract investors to put up their businesses in our public market thus the added revenue will help our government to augment the funds needed to operate and combat the current situation during this pandemic;

WHEREAS, on Section 129 of R.A. 7160 or otherwise known as the Local Government Code of 1991 states that the local government unit shall exercise its power to create its own sources of revenue and taxes, fees and charges subject to the provision therein.

NOW THEREFORE, be it ordained by the Sanggunian Bayan of Urbiztondo, Pangasinan in session assembled that:

Section 1. TITLE. This Ordinance shall be known as, “An Ordinance Providing for Goodwill and Monthly Rental Fees for the One Hundred Twenty Three (123) Steel Matted Stalls and Twenty Three (23) Eateries and Refreshment Commercial Stalls located at Buildings 1, 2, 3 and Arambulo Bldg. Located at the Urbiztondo Public Market, Urbiztondo, Pangasinan and Providing Guidelines for Occupancy and Operation Thereof”.

 

Sec. 2. PURPOSE. Payment of fees shall serve as goodwill and rental fees for the One Hundred Twenty Three (123) units of Steel Matted and Twenty-Three (23) concrete commercial stalls which an applicant shall pay to the Municipal Treasurer or to his/her duly authorized representative;

 

Sec. 3. DEFINITION OF TERMS.

a.	Market Stall – refers to any allocated space, stand, compartment, store or any place wherein merchandise is sold, offered for sale, or intended for such purpose in the public market.
b.	Stallholder - refers to the awardee of a definite space or spaces within a public market who pays a rental fee thereof for the purpose of selling his/her goods/commodities or service.
c.	Booth – refers to an enclosure built or erected on market space for the purpose of selling goods/commodities or service.
d.	Market Rental – refers to the fee paid to and collected by the Municipal Treasurer through the market collectors for the privilege using public market facilities.
f.	Goodwill Fee – is the amount paid for the right to lease or occupy a stall owned by the municipality.
h.	Eateries and Refreshment Commercial Stalls – refers to the concrete stalls for the refreshment and cafeterias where only all kinds of cooked foods and other delicacies are sold.

 

Sec. 4. CORRESPONDING FEES. Goodwill / monthly rental fee shall be as follows:

DESCRIPTION  NUMBER OF 
UNIT/S LOCATION  GOODWILL/STALL   MONTHLY RENTAL   Steel matted Stalls  102 Bldg. 1, 2 and 3 ₱ 65,000.00 ₱ 2,000.00 Steel matted Stalls 21 Arambulo Bldg. ₱ 65,000.00 ₱ 2,000.00 Concrete Stalls 23  Eateries & Refreshment 
Commercial Stalls ₱ 110,000.00 ₱ 2,500.00

 

Sec. 5. TERMS and CONDITIONS for the COMMERCIAL STALLS (steel matted)

a.	Stalls subject of this ordinance are exclusive for dry goods only such as Beauty Parlors RTW/ukay-ukay assorted goods etc.
b.	Concrete Stalls (food court) are exclusively for refreshment/eatery products.
c.	Goodwill fee shall be paid in two installments (1st payment is 80%, shall be paid upon approval of the application), (2nd and last payment is 20%, within three (3) months from the date of approval) by the interested applicant. Failure to pay the balance as scheduled will be a ground to terminate the contract.
d.	In addition to the goodwill fee, the applicant shall pay (1) month advance rental deposit, upon occupancy of the stall and (2) months advance security deposit.
e.	Monthly rental fee shall be paid every 5th day of the following month without need of sending collection notice.
f.	Failure of the lessee to pay the monthly rental within the period of (3) months after due written notice will subject him/her to pay additional 25% surcharge/plus penalty of 2% interest per month otherwise the contract of lease shall be revoked.
g.	Goodwill and rental fees shall be paid to the Office of the Municipal Treasurer.
h.	In case the lessee is no longer interested in doing business in the stall, he/she shall signify his/her intention in writing to turn over the said stall to the Municipal Government of Urbiztondo.
i.	Upon the death of the stallholder, if the deceased leaves a surviving spouse or legal heirs (up to 4th degree of consanguinity) who desire to continue the business of the deceased, the contract of lease may be transferred to the deceased’s spouse or legal heirs upon application therefore; provided, that the Market Administrator’s Office shall be notified within thirty (30) days after the death of the original stallholder/lessee of the desire of the spouse or legal heirs to succeed and upon payment of all necessary rents or lease due at the time of the original lessee; provided further, that the name of the qualified, preferred relative of the stallholder/lessee, whether surviving spouse or legal heirs shall be mentioned in his/her contract of lease.
j.	Upon occupancy, the lessee shall operate his/her business in accordance with the approved Municipal Ordinances and existing laws relative to zoning, sanitation and security.
k.	Any person who has been awarded the right to lease a stall in accordance with the provisions of this Ordinance shall personally occupy and administer his/her own stall.
l.	No lessee shall be sublease the stall so awarded nor shall any privilege acquired be sold. Any person other than the stallholder found selling the latter’s stall be considered prima facie evidence of subleasing and shall subject the stallholder to outright revocation of his/her lease award.
m.	No alteration or changes shall be made by the lessee on the stall. In case of any improvement thereon, a written permit shall be obtained from the Municipal Mayor thru the recommendation of the Municipal Engineer and such improvement shall be at the expense of the lessee. Any improvement thereon shall become the property of the Municipality upon termination of the contract.
n.	The use of any stall as living quarters and/or sleeping quarters is strictly prohibited. No vendor or stallholder is allowed to remain inside the Urbiztondo Public Market Bldg. I, II, III, Arambulo Bldg. & Food Trading Center (Food Court) after the market hours.
o.	The Municipal Government of Urbiztondo shall not be responsible for any damage to the physical structure of the stalls caused by the theft or robbery. All articles or merchandise left in the stall shall be at the risk of the stall holders or owners at all times. The Market Supervisor’s Office shall encourage stallholders to provide provisions to safeguard their commodities.
p.	The Municipal Government of Urbiztondo shall not be liable for any loss damage that may be incurred due to fire or “force majeur”.
q.	No merchandise or article shall be sold, offered for sale or exposed for sale in the Public Market premises unless the same has been legally acquired by the vendors and/or stallholders.
r.	Stallholders/vendor shall keep and maintain their stalls in clean and sanitary condition. They shall likewise be responsible for cleanliness of the passageways, alleys or spaces immediately in front or beyond or by the side of their stalls, booth or paces.
s.	It shall be the responsibility of the stallholders/vendors to dispose the wastes they may generate for the day before closing time to the temporary depository facility.
t.	All power supply line within the stall, booth or space shall be shouldered by the stallholder such as its bills and installation costs, provided, a written consent from the Market Supervisor’s Office shall be secured before installation takes place.
u.	Cooking inside and outside the stall is prohibited except for the Eateries and Refreshment Commercial Stalls. Stallholders are likewise required to provide and place at least (1) one fire extinguisher or fire fighting equipments themselves in their stalls and area.
v.	The lessee in the Eatery and Refreshment Commercial Stalls should use gas stove, electric stove, rice cooker and other electric cooking appliances when cooking and prohibited to use woods as their means of cooking to prevent untoward incidents.
w.	In case of fire/conflagration in or near the vicinity, it shall be the duty of stall occupants to report such incidents to the proper authorities.
x.	It shall also be the stallholder/vendor or his/her representative to report to the Market Supervisor’s Office and Police Station any untoward incidents, accidents or crimes that may occur within or near his/her vicinity.
y.	Storing of any flammable materials, explosive materials or substance and toxic materials and similar toxic chemicals, firecrackers and pyrotechnics are prohibited in all stalls except agricultural insecticides, pesticides.
z.	The revocation of contract of lease of stallholders shall be effected for cause or causes as provided in the contract of lease and those pertinent provisions of this Ordinance. In addition, should for any reason a stallholder discontinue his business or stall is non-operational or closed for (3) consecutive months without informing the Market Administrator’s Office or is not paying his rental fees for three (3) consecutive months, such stall shall be considered vacant and its occupancy shall be disposed of in the manner prescribed in this Ordinance.
aa.	The construction of living quarters within the premises/buildings shall not be allowed. Likewise, no stallholder shall remove, construct and alter the original structure of any stall, booth or space, including electrical wiring excluded without prior permit from the Market Administrator’s Office and approved by the Municipal Engineer. Any unauthorized/illegal construction shall immediately be subjected to demolition by removal through the Market Supervisor’s Office.
ab.	All items, commodities or merchandise shall be displayed inside the stall/space so as not to hamper, obstruct or impede the passage of aisles or to the inconvenience of the market goers and shall be arranged and displayed in a manner which shall not hamper the regular cleaning of the market premises.
ac.	The use of Video karera in any portion of the stalls shall be prohibited. Gambling of any kind and manner is strictly prohibited in the stall.
ad.	Drinking of Liquor or any intoxicating beverage within the stall premises is prohibited.

 

Sec. 6. PENALTIES. Any stallholder who violates this Ordinance and upon conviction of a competent court shall be penalized as follows:

a.	First Offense – Fine of ₱ 1,500.00 and or Cancellation/Revocation of Stall Rights.
b.	Second Offense – Fine of ₱ 2,500.00 and or Cancellation/Revocation of Stall Rights.
c.	Third Offense – Cancellation/Revocation of Stall Rights.

 

The Municipal Treasurer or any authorized representative shall issue the corresponding Official Receipt for the collection of payment of the penalty.

 

Sec. 7. SEPARABILITY CLAUSE. Should any provision of this ordinance be subsequently declared by a competent authority to be unconstitutional or invalid, the other provisions not so declared shall remain in full force and effect.

 

Sec. 8. REPEALING CLAUSE. Any ordinance or any provision thereof found to be inconsistent with this Ordinance are hereby deemed modified, amended and or repealed accordingly.

 

SECTION 9. EFFECTIVITY. This ordinance shall take effect upon favorable review by the Sangguniang Panlalawigan and after fifteen (15) days upon its publication in a newspaper of local circulation pursuant to and in conformity with pertinent provisions of the Local Government Code of 1991 (R.A. 7160).

 

I hereby certify to the passage of the foregoing Ordinance which was duly approved by the Sangguniang Bayan of Urbiztondo on the 15th day of August, 2022.

ARNEL C. RUFO
Secretary to the Sanggunian

CONCURRED:

COUN. MIRLA D. BALOLONG	COUN. ALEXIS G. DELA VEGA
COUN. PEPITO N. CALUGAY	COUN. ZENAIDA P. ESPINOSA
COUN. RENZIE M. DISPO	COUN. REYNALDO T. BAUTISTA
COUN. DYNA P. DE GUZMAN	COUN. JOEL M. FRIAS
COUN. FERNANDO L. TAPIADOR	COUN. ROZEL CLYDE D. USON

 

ATTESTED:

VICE MAYOR VOLTER D. BALOLONG
Presiding Officer

APPROVED:

MAYOR MODESTO M. OPERANIA