PROPOSED ORDINANCE IMPOSING FEES AND / OR CHARGES FOR THE USE OF SUPER KALABAW HAND TRACTOR OWNED BY THE MUNICIPAL GOVERNMENT OF MARIBOJOC, BOHOL.
Proponents: Hon. Florencio Gentallan
Hon. Isidro Mirontos, Sr.
Hon. NIcanor Lamoste
Hon. Simeon Amolat
Hon. Mary Annie Jabines
WHEREAS, Republic Act No. 7160, otherwise known as the Local Government Code of 1991, has given Local Government Units greater autonomy, especially the power to generate its own sources of income;
WHEREAS, Section No. 155 of the said Local Government Code 1991 authorizes the Sangguniang concerned to fix the rates for the imposition of fees or charges for the use of Super Kalabaw Hand Tractor SN: RK-70-919953 owned by the Municipal Government of Maribojoc, Bohol;
NOW THEREFORE, be it ordained by the Sangguniang Bayan of Maribojoc, Bohol;
SECTION 1: That the Super Kalabaw hand Tractor SN:-70-919953 driven by KUBOTA diesel Engine 7HP was acquired at the cost of P___________ to be depreciated for so many years as determine by the Commission on Audit.
SECTION 2: It is the prime responsibility of the Maribojoc Municipal Government particularly the Sangguniang Bayan and the Barnagay concerned to see to it that this asset must not be abused. However, it must be kept always in good and A-I conditions;
SECTION 3: The Super Kalabaw Hand Tractor is acquired for the purpose of assisting the Barangays with ricefield and other agricultural areas in order to expedite land preparation prior to planting.
SECTION 4: In order to fully utilize the said asset and eventually help the Local Government Units concerned augment its income, it is therefore imperative to explore all legal avenues by way of imposing fees or charges to a person or group of persons, corporations or associations who would like to avail the services or use of the Super Kalabaw Hand Tractor at the rate as indicated below.
a.) For disc ploughing or furrowing at P70.00 per operating hour.
b.) For harrowing at P100.00 per operating hour.
SECTION 5: Crude oil or diesel fuel used during the operations shall be shouldered by the Municipal Government of Maribojoc.
SECTION 6: The Barangay concern of which the Super Kalabaw Hand Tractor is being used shall be given a share of 25% from the gross receipts after deducting the wages of the Hand Tractor Operator. The Municipal Treasurer or his/her authorized representative shall receive the corresponding amount and official receipt to be issued accordingly. It is understood that the 25% share shall be credited to the account of the Barangay concern. Therefore, the Municipal Accountant or Barangay Bookkeeper is hereby directed to make the necessary entry into the books of account of the subject Barangay.
SECTION 7: In as much as the Barangay concerned is given a share out of the receipts derived from the use of the Super Kalabaw Hand Tractor, it is therefore but proper that the subject LGU-Barangay shall take custody and undertake suitable safeguard in order that said Hand Tractor shall not be exposed to vandalism and other wanton destruction, including extreme exposure to weather conditions.
SECTION 8: In case of fortuitous event wherein the Super Kalabaw Hand Tractor is damage and unserviceable, the Municipal Government shall assume its repair after a thorough investigation is conducted.
SECTION 9: The Municipal Government of Maribojoc through the Chief Executive shall hire a permanent Super Kalabaw Hand Tractor Operator and the corresponding wage shall be determined in accordance with the civil service law. In the event that the said Hand Tractor is no longer needed due to cessation of operations and other possible reasons, the Operator shall report to the Office of the Chief Executive for temporary re-assignment until such time that the Hand Tractor is again used for operation.
SECTION 10: It is the sole responsibility of the chief Executive or his authorized representative to accept or reject the would-be borrower or person or group of persons, corporation or association who would like to avail the services of the Super Kalabaw Hand Tractor, through the recommendations of the Barangay Officials concern.
SECTION 11: A committee is organized initiated by the Chief Executive to formulate a simple contract between the borrower and the Municipal Government of Maribojoc, stipulating among others the fee charges to be collected as indicated in Section 4 of this ordinance and the liability of the user or borrower in case of default in the payment of rental or rental on the part of the borrower.
SECTION 12: The Municipal Treasurer and the Municipal Accountant are hereby enjoined to enforce strict compliance particularly collection of fees or charges and posting of accounts the books of the LGU concern respectively.
SECTION 13: When the violation is committed by any officials or employees of the Local Government Units concern and other responsible officials who shall have directed or induced the commission of the offense, he /she shall be criminally liable as principal thereof.
SECTION 14: Penal Clause:
a.) P1,000.00 for violation on the provision of this ordinance
b.) Or five (5) days imprisonment depending upon the discretion of the court.
SECTION 15: Effectivity:
This ordinance shall take effect upon approval.
PHILIP R. MEDEQUISO
ALBERTO E. ARANGOSO
ATTY. JOSE E. VELOSO
Date signed: February 21, 1995