ORDINANCE NO. 12
Series of 2008
AN ORDINANCE PROVIDING RULES AND REGULATIONS FOR THE USE OF THE SOUVENIR SHOP AT THE PUNTA CRUZ WATCH TOWER AND PARK, PUNTA CRUZ, MARIBOJOC, BOHOL.
Authored by : Hon. Leoncio E. Reselosa
Co-Authored by: Hon. Alberto E. Arangoso
Hon. Fructuoso F. Redulla
WHEREAS, the LGU-Maribojoc, Bohol owns and operates the Pta. Cruz Watch Tower and Park located at Barnagay Punta Cruz this municipality;
WHEREAS, the LGU-Maribojoc in its effort to promote the tourism industry has established a souvenir shop at its prime tourist destination at the Pta. Cruz Historical Watch Tower and Park, Punta Cruz, Maribojoc, Bohol;
WHEREAS, the operation of said establishment could definitely answer the common demands of the local and foreign tourists who come to see the relics of the Spanish regime in the structure of an old stone historical tower with a wooden old cruz fronting the tower;.
WHEREAS, the operation of said establishment could definitely answer the common demands of the local and foreign tourists who come to see the relics of the Spanish regime in the structure of an old stone historical tower with a wooden old cruz fronting the tower;
WHEREAS, the stone tower served as the viewing area of the incoming pirates from Mindanao who are believed to kidnap the inhabitants of this coastal town;
WHEREAS, the Sangguniang Bayan recognizes that the sector could significantly contribute in the planning and implementation of said souvenir shop especially in its operation to cater the needs of the local and foreign visitors in the area;
WHEREAS, considering that there are interested investors who want to establish a business in the area, there is a need to bid out said structure for occupancy and business purposes.
WHEREFORE, BE IT RESOLVED, by the Sangguniang Bayan.in their session duly assembled:
SECTION 1: Definition of Terms:.
a. Souvenir Shop – a building wherein different “pasalubong” items are being sold for souvenir purposes from the area of establishment.
b. Watch Tower-an old stone tower built during the Spanish Regime to serve as an area of lookout by the natives in order to watch the incoming pirates from Mindanao.
SECTION 2: Authorization for the Local Chief Executive.
The Local Chief Executive of Maribojoc, Bohol is hereby authorized to bid out the souvenir shop building inside the Punta Cruz Watch Tower and Park to those who are interested to do business so that it can cater the needs of the tourists and to promote the tourism industry of the area.
SECTION 3: Occupancy Fee:
The Local Bid and Award Committee (BAC) is hereby authorized to conduct the bidding for an initial amount of P50,000.00.
SECTION 4: Mode of Payments:
The amount of 50% of the occupancy fee shall be collected from the awarded bidder before occupying said souvenir shop while the remaining amount shall be paid in installment basis or in full with in the period of three (3) months from the payment of the 1st 50% occupancy.
The monthly rental fee of the souvenir shop shall likewise be collected in the amount of five hundred (P500.00) pesos to be paid at be last working day of the month and thereafter.
All payment shall be made at the Municipal Treasurers Office (MTO), Maribojoc, Bohol.
SECTION 5: Adjudication of the Souvenir Shop.:
a.) Lease Period: The contract of lease for the Souvenir Shop at Punta Cruz Watch Tower and Park shall be for a period of five (5) years renewable upon its expiration, unless revoked in accordance with the provisions of the Contract of Lease.
b.) Notice of Vacancy: A notice of vacancy of a newly constructed souvenir shop shall be made for period of thirty (30) days immediately preceding the date fixed to qualified applicants to bid for the vacant space available for lease.
c.) The application shall be submitted to the Office of the Municipal Treasurer and the application form can be requested from the Municipal Treasurer Office;
d.) The applicants from Maribojoc shall have the preference in the lease of the souvenir shop. If in the last day of filing applications, there is no appl;icant from Maribojoc, then an application from outside Maribojoc shall be accepted.
e.) The successful bidder shall furnish the Municipal Treasurer, two (2) copies of his / her picture immediately after the award of the Lease Contract.
f.) The winning bidders shall pay the amount being won to the Municipal Treasurer in accordance to Sec. 4 of this ordinance.
SECTION 6: Miscellaneous Provisions on the Souvenir Shop.
a.) If for any reason, the occupant of the souvenir shop discontinues his business before the expiration of his contract, such shall be considered vacant, thereafter the LGU shall dispose said vacant souvenir shop.
b.) Partnership occupancy – a souvenir shop holder who enter into a partnership with any party after he acquires the right to lease shall have no authority to transfer to his partner or partners the right to occupy the souvenir shop.
c.) Lease to personally administer his stall. Any person who has been awarded the right to lease the souvenir shop in accordance with the provisions hereof, shall occupy, administer and managed personally at his souvenir shop. He/She may employ helpers but not limited to his spouse, parents and children who are actually living with him/her.
d.) Dummies; sub-lease of souvenir shop – The holder of the souvenir shop is prohibited to sublease the space to another person or to use a dummy if he could no longer operate personally. Violation to this provision, the LGU shall take back or withdraw his right to occupy the souvenir shop for violation of the contract.
SECTION 7: Rules and Regulations on the Use of the Souvenir Shop:
a.) “Pasalubong” items shall be displayed in the souvenir shop in order to cater the needs of the visiting tourists.
b.) The souvenir shop operator may sell other items which are not considered “pasalubong” items provided that it is allowable by law.
c.) No intoxicating drinks shall be sold in the souvenir shop to avoid precocious condition inside the Watch Tower & Park.
d.) The souvenir shop personnel shall render utmost courtesy to every visitor who come and see the Watch Tower & Park for tourism image of the area.
e.) The occupants of the souvenir shop shall be responsible in the safety and security of his area especially during night time.
f.) The occupant is likewise responsible in the cleanliness of the surrounding.
g.) The souvenir shop shall be opened all days at 8:00A.M. and be closed at 6:00 P.M.
SECTION 8: Applicability Clause: All existing laws, rules and regulations pertaining to the operations of business establishments in the Municipality of Maribojoc, Bohol are hereby adopted as part of this ordinance.
SECTION 9: Penalty: Any violation to the provisions of this ordinance shall be subject for the revocation of his contract of lease and the cancellation of the certificate of occupancy after a thorough investigation of the violation.
SECTION 10: Effectivity: This ordinance shall take effect upon approval.
Approved: May 9, 2008
Let copies of this ordinance be furnished, to the Sangguniang Panlalawigan for review and approval and to Hon. Leoncio B. Evasco, Jr., Municipal Mayor, Mrs. Maria Fe A. Tan, Public Health Nurse, Public Health Midwives, Barangay Health Workers, and Barangay Captains for appropriate action.
ENGR. GABINO C. REDULLA
Municipal Vice Mayor
(Sgd.) ERLINDA V. CASTILLON
Acting Secretary to the Sanggunian
(Sgd.)LEONCIO B. EVASCO JR.
Date signed: April 28, 2008