AN ORDINANCE FIXING THE RATES OF OCCUPANCY FEES FOR THE USE MARKET BLOCK TIENDAS, STALLS AND CARENDERIAS IN THE MUNICIPALITY OF MARIBOJOC, BOHOL.
Authored by: Hon. Pablo A. Baluma
Co-Authored by: Hon. Ma. Nenita R. Chiu
WHEREAS, the Local Government Code of 1991, has given local government units greater autonomy especially the power to generate its own source of income through the imposition of taxes, fees or charges in the operation of any business, occupation or practice of profession;
WHEREAS, Sangguniang Bayan is empowered to enact measures that will prescribe the terms and conditions under which public utilities owned and operated by the municipality may be leased to private citizens or entities;
WHEREAS, it is a standard operation of law that upon expiration of a lease contract the lessor has the option to renew or not renew a new contract of lease of the lessee of he has violated some provisions of the contract or any ordinances governing the use of market facilities;
NOW, BE IT ORDAINED, by the Sangguniang Bayan of Maribojoc, Bohol in its session assembled that:
SECTION 1: Imposition of occupancy fees shall apply only to those occupants of market block tiendas, stalls and carenderias whose lease contract has expired after five (5) years of occupying the said facilities.
SECTION 2: Occupancy fees shall be collected only for those who wish to continue occupying the above-mentioned facilities and who have had acquired a vested right after a previous bidding was conducted.
SECTION 3: The Municipal Government may exercise its prerogative not to issue a renewal of lease contract if the previous occupant has willfully violated some provisions of the contract and municipal ordinances governing rules on the use of public market.
SECTION 4: The following rates are collected from the actual occupants of the said facilities who wish to continue occupying upon renewal of the contract of lease:
Block Tiendas Nos. 1-33 at Building No. 1 – P2,000.00
Carenderias Nos. 1- 8 at Building No. 2 – 1,000.00
Market Stalls Nos. 1-14 at Building No. 3 – 1,000.00
Market Stalls Nos. 1-12 at Building No. 4 – 500.00
SECTION 5: Actual occupants of the said market facilities who wish to continue occupying the facilities are required to execute a new lease contract without prejudice to the public.
SECTION 6: The occupancy fee imposed be limited only to the immediate heirs and brothers/sisters of the incapacitated deceased contracting party without the benefit of competitive bidding.
SECTION 7: Any person or entity who violates provisions of this ordinance shall be fined of not more than One Thoousand Pesos (P1,000.00) or an imprisonment of not more than six (6) months or at the option of the local chief executive, revocation of the business license.
SECTION 8: This ordinance shall take effect upon its approval.
Let copies be furnished, the Municipal Treasurer, Maribojoc, Bohol and other concerned for their guidance and implementation.
PHILIP R. MEDEQUISO
ALBERTO E. ARANGOSO
ATTY. JOSE E. VELOSO
Date signed: November 08, 1995