AN ORDINANCE IMPOSING INSPECTION FEE FOR THE INSTALLATION OF ANTENNAE WITHIN THE MUNICIPALITY OF MARIBOJOC, BOHOL.
Authored by: Hon. Isidro P. Mirontos, Sr.
WHEREAS, Republic Act. No.7160, otherwise known as the Local Government Code of 1991 has given Local Government Units greater autonomy, specially the power to generate its own sources of income;
WHEREAS, Section 153 of the said Local Government Code of 1991 authorized the Sangguniang Bayan to fix the rates for the imposition of fees for charges for the service rendered;
WHEREAS, it is not the intention of this ordinance to levy taxes, fees or charges which are unjust, excessive, oppressive, confiscatory or contrary to declared national policy but rather to rationalize or consistent with the living conditions of the people in the Municipality of Maribojoc;
NOW, THEREFORE, be it ordained by the Sangguniang Bayan of Maribojoc, Bohol, it is session duly assembled, that;
Sec.1- Definition of Terms: The following terms used in this ordinance shall have the meaning, to wit:
a.) Services- duty required or performed in any office
b.) Inspection- the act of inspecting, careful or critical scrutiny.
Sec.2- It is required that any person or group of persons, business entities, corporations et cetera who wish to install or construct TV antennae and other similar installations including but not limited to Radio-Telephony, Radio-Telegraphy and Repeater shall ask permission from the office of the Municipal Treasurer, prior to the construction, installation and erection of the foregoing antennae.
Sec.3- It should be construed that this ordinance shall focus only in the installation, construction and erection of antennae. However, the licensing in connection with the acquisition of Radio-Telephony or Single-Slide-Band Radio (SSB), Radio-Telegraphy, Repeater, Handheld Radio and other similar equipment must come from the office of the National Telecommunication Commission (NTC).
Sec.4- The office of the Municipal Engineer shall provide a device in a way to determine that the construction, installation and erection of antennae in a particular specific location are already inspected. The technical staff of the said office shall from time to time formulate measure to ensure the delivery of basic services and provision of adequate facilities relative to the engineering planning and design to safeguard the life and properties of the constituency within the Municipality of Maribojoc.
Sec.5- The enactment of this ordinance levying taxes or fees upon such conditions and for such purposes intended to promote the general welfare of the inhabitants of the Municipality of Maribojoc and pursuant to this legislative authority shall fix and impose reasonable fee and charges for all services rendered and therefore the inspection fee of P25.00 shall be imposed to each privately owned unit with antennae and those referred to in Sec.2 of this ordinance whose antennae installations are properly inspected. It is assumed that inspection fee is paid only once, unless another installation, contructed and erection is undertaken.
Sec.6- In the event of harmful effects due to the occurrence of natural disasters such as typhoon, earthquake and other calamities, so therefore antennae installation are completely destroyed, the owner or owners and their technicians shall contact the technical staff from the office of the Municipal Engineer for any possible technical assistance. After the antennae has been properly installed the party concerned shall report to the Office of the Municipal Engineer for final inspection and a minimal fee of P10.00 shall be imposed, instead of P25.00 representing inspection fee.
Sec.7- In order to effectively implement this ordinance, the Barangay Officials are hereby deputized to monitor or report immediately all installations, construction and erections of antennae within their respective barangays to the Office of the Municipal Engineer, Therefore, as a token on the part of the Municipal Government of Maribojoc, premised on the value of reciprocity, the Barangay concern shall get 10% share out of the inspection fee of P25.00 and P10.00 reference Section 5 and 6 respectively.
a.) All government entities, including those owned and controlled corporations.
b.) Those antennae constructed, installed and erected prior to the approval of this ordinance. However, they are subject for inspection and if found and disclosed some technical defects in its construction, then a minimal charge of not less than P10.00 is imposed but nit more than P25.00.
Sec.9- Penalty Clause:
a.) Failure to report the installation, construction and erection of antennae to the office of the Municipal Engineer, there shall be levied a fine of P50.00, plus the inspection fee of P25.00 as mention in Section 5 of this ordinance.
This ordinance shall take effect upon approval.
Approved: September 27, 1993
Let copies be furnished to all Barangay Captains of Maribojoc, Bohol for their information and guidance.
PHILIP R. MEDEQUISO
ALBERTO E. ARANGOSO
ATTY. JOSE E. VELOSO
Date signed: ___________