Resolution No. 11-02-0340, Ratifying the Memorandum Of
Agreement (MOA) dated January 11, 2011 by and between the Municipality of Bauan
as represented by His Honor, Mayor Ryanh M. Dolor and Aquadata, Inc. as represented
by its President Mr. Herbert Tan pre-terminating the Bauan Waterworks System
(BWS) Management Contract entered into by and between the Municipality of Bauan
and Aquadata, Inc. on April 23, 2008
Resolution No. 11-02-0341, Authorizing the disposition by the Municipal Mayor in accordance with
the provisions set forth under the Memorandum Of Agreement (MOA) dated January
11, 2011 by and between the Municipality of Bauan and Aquadata, Inc of the
Local Government properties identified in the possession of the Bauan
Waterworks System (BWS), This Municipality
Resolution No. 11-03-0345, Declaring May 2 and 3, 2011 as
Non-Working Holidays in the entire Town of Bauan,
Province of Batangas
Resolution No. 11-03-0346, A resolution authorizing the
Municipal Mayor to represent the Municipality of Bauan to enter into a Contract
of Loan with the Development Bank of the Philippines (DBP) in the principal
amount of Four Hundred Million Pesos (P 400,000,000.00) for the purpose/s stated
herein and to sign the Loan Agreement, Deed of Assignment, the Promissory Note
and other documents related thereto
NO. 11-02-0340
RATIFYING THE
MEMORANDUM OF AGREEMENT (MOA) DATED
JANUARY 11, 2011 BY AND BETWEEN THE MUNICIPALITY OF BAUAN AS REPRESENTED BY HIS HONOR, MAYOR RYANH M. DOLOR AND AQUADATA, INC. AS REPRESENTED BY ITS PRESIDENT MR. HERBERT TAN PRE-TERMINATING THE BAUAN WATERWORKS SYSTEM (BWS) MANAGEMENT CONTRACT ENTERED INTO BY AND BETWEEN THE MUNICIPALITY OF BAUAN AND AQUADATA, INC. ON APRIL 23, 2008
JANUARY 11, 2011 BY AND BETWEEN THE MUNICIPALITY OF BAUAN AS REPRESENTED BY HIS HONOR, MAYOR RYANH M. DOLOR AND AQUADATA, INC. AS REPRESENTED BY ITS PRESIDENT MR. HERBERT TAN PRE-TERMINATING THE BAUAN WATERWORKS SYSTEM (BWS) MANAGEMENT CONTRACT ENTERED INTO BY AND BETWEEN THE MUNICIPALITY OF BAUAN AND AQUADATA, INC. ON APRIL 23, 2008
(SPONSORS: HON. NEIL P. VALDEZ,
HON. WILLIAM C. ABRAHAN AND HON.
JULIAN C. CASAPAO)
WHEREAS,
Bauan currently owns a level III water supply system under the service name
Bauan Waterworks System (BWS) which operates and distributes potable water to
end-users within the territorial limits of the Municipality of Bauan, Batangas;
WHEREAS,
aware of the urgent need to rehabilitate and upgrade the water supply system
and facilities of the BWS Facility and Assets, Bauan undertook the
semi-privatization of the BWS Facility and Assets proposals;
WHEREAS,
on April 23, 2008, following the completion of the public bidding procedures
adopted by Bauan and the approval of the Sangguniang Bayan of Bauan (“Bauan
SB”) of the proposal submitted by Aquadata as the most advantageous bid for the
semi-privatization of the BWS Facility and Assets, Bauan entered into a General
Management Contract with Option to Purcahse (the “Management Contract”) with
Aquadata, which provided, among others, that Aquadata shall manage, operate,
maintain, rehabilitate and upgrade the BWS Facility and Assets for the benefit
of its customers;
WHEREAS,
under the Management Contract, any and all costs and expenses for the
operations of the BWS Facility and Assets were changeable to the ninety-five
percent (95%) BWS gross income transferred to Aquadata and shall be shouldered
by Aquadata as part of its investment in the BWS Facility;
WHEREAS,
after an evaluation by Bauan of its current financial condition, and mindful of
Aquadata’s contractual and vested rights and interests in, to and under the
Management Contract, Bauan has determined that it is more advantageous for
Bauan to pre-terminate the Management Contract and totally dispose of any and
all of Bauan’s rights, title and interest in, to and under the BWS Facility and
Assets by way of public bidding procedures in accordance with law;
WHEREAS,
after negotiations in good faith between Bauan and Aquadata, Bauan and Aquadata
have agreed to terminate the Management Contract on effectivity date;
WHEREAS,
it is the intention of this august body after it conducted diligent study of
the position of the Municipal Mayor to terminate the aforesaid management
contract to support and to ratify the said MOA dated January 11, 2011 in order
to relieve our constituents of the water impasse created by the management
contract;
NOW, THEREFORE, BE IT RESOLVED AS IT IS HEREBY RESOLVED BY THE
HONORABLE MEMBERS OF THE SANGGUNIANG BAYAN to pass a resolution ratifying the Memorandum of
Agreement dated January 11, 2011 by and between the Municipality of Bauan and
AQUADATA, INC. terminating the Management Contract entered into by and between
the Municipality of Bauan and AQUADATA, INC on April 23, 2008.
Approved
– February 25, 2011
NO. 11-02-0341
AUTHORIZING THE
DISPOSITION BY THE MUNICIPAL MAYOR IN ACCORDANCE WITH THE PROVISIONS SET FORTH UNDER THE MEMORANDUM OF AGREEMENT (MOA) DATED
JANUARY 11, 2011 BY AND BETWEEN
THE MUNICIPALITY
OF BAUAN AND AQUADATA, INC OF
THE LOCAL GOVERNMENT PROPERTIES
IDENTIFIED IN THE POSSESSION OF THE BAUAN
WATERWORKS SYSTEM (BWS), THIS
MUNICIPALITY
(SPONSORS: HON. NEIL P. VALDEZ,
HON. WILLIAM C. ABRAHAN AND HON.
JULIAN C. CASAPAO)
WHEREAS,
His Honor, Mayor Ryanh M. Dolor requested this council last January 11, 2011
through His Honor, Vice Mayor Juan M. Magboo to pass a resolution authorizing
the disposition as maybe necessary by his office of all properties of this
municipality identified to be in the possession of BWS;
WHEREAS,
said requisition was assigned to the proper committees on January 21, 2011 for
study and consideration of this august body;
WHEREAS,
the study conducted by the proper committees disclosed that under Article 2
known as CONTRACTUAL INTENT of the
aforetitled MOA, this august body is convinced that per the requirement of law,
the Municipality of Bauan as represented by Mayor Ryanh M. Dolor shall
undertake public bidding procedures for the disposition of the said properties
attached to BWS;
WHEREAS,
considering the Mutual Termination of the Management Contract by and between
the Municipality of Bauan and Aquadata, Inc that became effective by virtue of
the salient provisions of the aforetitled MOA dated January 11, 2011,this
council deems it proper that such authority to the Municipal Mayor to dispose
the subject properties of BWS be granted in accordance with existing laws that
may have control over the subject authority and over all actions following the
granting of this authority;
NOW, THEREFORE, BE IT RESOLVED AS IT IS HEREBY RESOLVED by this august body that the
aforetitled disposition authority be accorded accordingly to the Municipal
Mayor during the regular session of the Honorable Members of the Sangguniang
Bayan, this municipality.
Approved
– February 25, 2011
NO. 11-03-0345
Declaring
May 2 and 3, 2011 as Non-Working Holidays in theentire town
of Bauan, Province of Batangas
(AUTHOR: HON. WILLIAM C. ABRAHAN)
WHEREAS,
cognizant of the fact that the dates aforetitled have been considered in the
entire town of Bauan as very special dates because of the famous Celebration of
Sublian Festivals in the streets of Bauan on May 2 and the Celebration of the
Town Fiesta on May 3, 2011;
WHEREAS,
a lot of activities during the aforetitled dates will have been participated in
by schools whether public or private, commercial establishments and offices,
industrial companies and many other institutions;
WHEREAS,
it is the concern of this august body to look for the interest and welfare of
the People of Bauan whether natural or juridical including all the workers in
the said institutions including also our valued partners in the business sector
who would like to join and enjoy the revelry during the Sublian Festival and
the Town Fiesta;
NOW, THEREFORE, be it resolved
as it is hereby resolved by the Honorable Members of the Sangguniang Bayan to pass
a resolution declaring May 2 and 3, 2011 as Non-working Holidays in the entire
town of Bauan, Province of Batangas.
RESOLVED FURTHER, that copies of this resolution be furnished all concerned schools,
commercial and industrial establishments, other interested institutions and all
our valued partners in the business industry.
Approved March 11, 2011
NO. 11-03-0346
A RESOLUTION
AUTHORIZING THE MUNICIPAL MAYOR TO REPRESENT THE MUNICIPALITY OF BAUAN TO ENTER
INTO A CONTRACT OF LOAN WITH THE DEVELOPMENT BANK OF THE PHILIPPINES (DBP) IN
THE PRINCIPAL AMOUNT OF FOUR HUNDRED MILLION
PESOS (P 400,000,000.00) FOR THE PURPOSE/S STATED
HEREIN AND TO SIGN THE LOAN AGREEMENT, DEED OF ASSIGNMENT, THE PROMISSORY NOTE AND OTHER DOCUMENTS RELATED THERETO
(AUTHOR: HON. WILLIAM C. ABRAHAN)
(SPONSOR: HON. NEIL P. VALDEZ)
(CO-SPONSOR: HON. HERMINIO M.
DOLOR)
WHEREAS,
considering the letter of the Municipal Mayor Ryanh M. Dolor dated February 17,
2011 stating the reasons for availing a loan facility from DBP for which
construction of new municipal building, refinancing of outstanding loan with
Philippine National Bank (PNB), and payment of the municipality’s obligations
with AQUADATA, INC and First Bay Power Corporation (FBPC);
WHEREAS,
this loan facility shall help the municipality defray the expenses for the said
construction of municipal hall and shall help the redirection and concentration
of loans in one financial institution;
WHEREAS,
this council is one and united in availing from the aforesaid loan facility the
amount of FOUR HUNDRED MILLION PESOS (P400,000,000.00) for the said realization
of projects;
NOW, THEREFORE, BE IT RESOLVED AS IT IS HEREBY RESOLVED, by the Municipal Council, in
session duly assembled to authorize the Municipal Mayor of Bauan to enter into,
negotiate and obtain a loan in the principal amount of FOUR HUNDRED MILLION
PESOS (P400,000,000.00) from DBP in behalf of the Municipality of Bauan
for the following purpose/s:
“AS ABOVE STATED”
RESOLVED,
that the Municipal Mayor whose name and signature appear hereunder be
authorized, as he is hereby authorized, to negotiate and conclude such loan, to
sign, execute and deliver loan and collateral agreements, promissory notes and
such other pertinent papers, instruments, and documents and to do all acts and
things necessary, proper and convenient under the premises for and in behalf of
the Municipality:
RYANH M. DOLOR _______________
Municipal Mayor Specimen Signature
RESOLVED,
to authorize, as it is hereby authorizes the Municipality to do, undertake,
execute and perform the following acts:
- The continuing assignment of the Municipality’s applicable portion of the Internal Revenue Allotment (IRA), Realty Taxes and other taxes and other revenues, in favor of DBP;
- The issuance of an authorization/instruction letter to the Department of Budget and Management (the “DBM”) to remit all or a portion of the Municipality’s share of the IRA directly to DBP for deposit to the Municipality’s deposit account thereat;
- The undertaking not to cause the transfer of the remittance of IRA or any portion thereof by the DBM from DBP to any other bank without the DBP’s prior written consent until the loan and other charges shall have been fully paid;
- The designation of DBP as its principal depository bank and the opening and maintenance of a deposit account (the “Deposit Account”) with DBP where the Municipality’s share in IRA or a portion thereof shall be deposited during the term of the loan and payment of its loan obligations shall be debited;
- The assignment of the appropriate portion of the Municipality’s other revenues with undertaking to remit the same to DBP in case the IRA, realty taxes collections, project revenues are insufficient to service the loan amortization;
- The undertaking of the Municipality to include in its annual budget the required amortizations to service its loan obligations with DBP;
- The undertaking of the Municipality that it will not incur additional obligation/indebtedness without the prior written consent of DBP which consent will not be unreasonably withheld;
- The undertaking of the Municipality to mortgage equipment to be acquired (if applicable);
RESOLVED,
that this Resolution once approved and executed shall be valid and effective
until the Loan with DBP has been fully settled and paid.
RESOLVED FINALLY, that copies of this Resolution be furnished the Office of the
Municipal Mayor, Municipal Treasurer’s Office, the Auditor’s Office, the
concerned Development Council, and DBP.
ADOPTED
in this Municipality of Bauan, Province
of Batangas, Philippines,
this ____ day of ______________________, 2011.
HON. KELVIN REX D.
GIMENO
Acting Presiding Officer
CONCURRING VOTES
1.
HON. PRESNEDY N. BACAL
2.
HON. HERMINIO M. DOLOR
3.
HON. WILLIAM C. ABRAHAN
4.
HON. JULIAN C. CASAPAO
APPROVED:
RYANH M. DOLOR
Municipal
Mayor
CERTIFIED CORRECT:
FERDINAND M. AGENA
Municipal Secretary
REPUBLIC OF THE PHILIPPINES)
S.S.)
SUBSCRIBED AND SWORN to before me this ____ day of ______________________,
2011 at _______________________ by affiant, in his official capacity as the
Municipal Mayor of Bauan, with Community Tax Certificate No. _______________
issued at ____________________ on ___________________.
Doc. No. ___
Page No. ___
Book No. ___
Series of 2011
Approved – March 18, 2011
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