Republic ofthe Philippines OFFICE OF THE SANGGUNIANG PANLUNGSOD CITY OF ZAMBOANGA ORDINANCE NO. 309 AN ORDINANCE AMENDING SECTIONS 2, 5 & 6 OF ORDINANCE NO. SERIES OF 1980, ENTITLED, “AN ORDINANCE REGULATING EXCAVATION AND REPAVEMENT OF (CAVATED PORTIONS OI ROADS/STREETS IN THE CITY OF ZAMBOANGA AND PRESCRIBING FEES AND PENALTY THEREFORE” Sponsor: Hon, LUIS R. BIEL HL Co-Sponsors: Hon, Juan Climaco P. Flago Il Hon, Cesar L. Jimenez, Jr. Hon, Benjamin E, Guingor Hon, Eduardo T. Saavedra, ul EXPLANATORY NOTE, WHEREAS, it has been a perennial problem that diggings/excavations have been going on along the city’s streets/roads by different companivs in the city, that pose road hazards and cause inconvenience to the public: WHEREAS, the August Body adopted Resolution No. 686, dated July 21, 2004, requesting the City Engineer, thru His Honor, the City Mayor, to call for a dialogue with all the entities like the Zamboanga City Water District. ta ippine Long Distance Telephone Company the Zamboanga City Electric Cooperative Inc., and all other agencies concerned to sit down and plan for the possible improvement/expansion programs which involve diggings/excavations of roads/streets, tant City Engineer ~ OIC Engr. Rodrigo C. Rebollos. in his letter dated August 23, 2004, addressed to the Honorable Presiding Officer, thru His Honor, the City Mayor seeking extension for the submission of possible amendments to Ord. No. 37 series of 1980:. WHEREAS, on August 31, 2004, His Honor, the City Mayor. ‘vansmitted the comments and recommendations of the City Engineer for consideration by the Sangguniang Panlungsod for possible amendments to said Ordinance No. 37, Series of 1980, and certify the passage of this proposed ordinance as urgent; Pe it Ordained by the Sangguniang Panlungsod of Zamboanga, that: SECTION 1 ions 2, S & 6 of Ordinance No. 37. Set ies of 1980, entitled. “An Ordinance Regulating Te F: jon Aad Repavement Of Exeavated Portions OF Roads/Sireets ir The City OF Zamin singa And Preseribiny ces and Penalty ‘Therefore sare hereby am ld wee lar x x s- Ordinance No. 309, page 2 - SECTION 2. No person/entity/contractor shall be allowed to excavate or damage any portion of any road or street in the City of Zamboanga, such as for the purpose of installing underground pipes and water, light and telephone connections, without obtaining prior permission from the Office of the City Engineer. The City Engineer shall issue a permit for this purpose only after an inspection of the portion of the road or street on which such excavation is to be made and the permit fee of FORTY PESOS (P40.00) per square meter has been paid to the city. The permit for each given period shall be for a particular length ot portion of the road/street only, not to exceed one (1) kilometer, and the repavement of the portion affected should be completed within thirty (30) days after the completion of the excavation provided, that the excavation, shall not completely obstruct traffic flow in the area. ‘The permit shall be issued to the applicant who shall assure that there will be no impediment in the traffic flow. If the excavation is made within the seven (7) kilometer radius of the city proper or any major street thereof, the following conditions shall hereby apply: 1, It shall be conducted from 6:00 p.m. to 6:00 a.m.; 2. No landfill construction materials will be deposited in the street; 3. All holes or excavations shall be duly covered by metal sheets during the day; and 4, The City Engineer should immediately notify the barangay concern upon the approval of the permit; All these conditions except in emergency or calamity cases or when it will prevent a greater damage to public property or private property, or when the work can be done within 24 hours.” x x x “SECTION 5.- For the purpose of this Ordinance and in order to insure the satisfactory restoration of the portions of roads/streets excavated, every person/entity/contractor who shall apply for a permit to excavate portions of roads/streets in the City of Zamboanga shall be required to put up an amount, by way of a performance bond, as follows: a) P2,580,00 per sq. meter for concrete roads b) P2,830.00 per sq. meter for conerete with asphalt overlay roads ©) P2,350.00 per sq. meter for asphalt roads 4) P1,850.00 per sq. meter for gravel roads ey!= Ordinance No. 309, page 3 - ‘The performance cash bond will be retumed to the person/entity/contractor two (2) months after an inspection of the restoration work by the Office of the City Engineer and a cettificate of satisfactory completion or restoration has been issued by the said office.” x x x “SECTION 6, - PENALTY - Administrative fine of FIVE THOUSAND (P5,000.00) PESOS payable to the City ‘Treasurer shall be imposed on any persor/entity/contractor found violating the provisions of this Ordinance.; or a penalty of an imprisonment of not less than thirty (30) days nor more than six (6) months or fine of not less than One ‘Thousand (P1,000.00) Pesos nor more than Five Thousand (P5,000.00) Pesos or both, at the discretion of the court. The imposition of the administrative fine of PS,000.00 and confiscation of the Performance Bond shall be made after the following steps are accomplished; to wit: 1) Within 10 days after completion, the contractor, person or entity shall file a report of accomplishment or completion; 2) Within 10 days after the filing of the contractor's report, the City Engineer shall investigate and submit a report on the said work/excavation, specifically stating whether the excavation was repaired or covered; 3) If the excavation is covered/repaired properly, the City Engineer shall issue a certificate addressed to the City Treasurer for the release of the performance bond; 4) If the excavation is not covered or repaired properly, the City Engineer shall issue a “Notice of Failure” to the concemed contractor/person/entity to answer or immediately do the repair within 10 days, or else, the Performance Bond shall be confiscated; 5) If the contractor/personlentity fails to. comply within 10 days from receipt of the “Notice of Failure”, the City Engineer shall issue the Certificate of Failure and order the confiscation of the Performance Bond, and order the immediate repair of said excavation. The City Engineer shall forward the report, including all documents, to the City Mayor for the imposition of the administrative penalty. : a x x