BANNA MUNICIPAL ORDINANCE NO. 2014-04 (AN ORDINANCE ESTABLISHING THE BANNA WATERWORKS SYSTEM (BANWAS))
Republic of the Philippines
Province of Ilocos Norte
MUNICIPALITY OF BANNA
SANGGUNIANG BAYAN
EXCERPTS FROM THE MINUTES OF THE 77TH REGULAR SESSION OF THE
12TH SANGGUNIANG BAYAN OF BANNA, ILOCOS NORTE HELD ON WEDNESDAY,
DECEMBER 17, 2014 AT THE MUNICIPAL SESSION HALL
PRESENT:
HON. HERMINIO A. BUMANGLAG Municipal Vice-Mayor/Presiding Officer
HON. FLORENDO S. MACASIO, JR.
MEMBER
HON. NELSON S. LUCAS MEMBER
HON. JAIME C. MAXIMO MEMBER
HON. LIBERATO L. RUPISAN MEMBER
HON. NELSON C. OALOG MEMBER
HON. EFREN SANTOS B. GARCIA
MEMBER
HON. JEZLEY JAMES B. ABADILLA
MEMBER
HON. ROBERT A. ABADILLA MEMBER
HON. DOMINGO E. ABIAN MEMBER,
Pres.Liga ng mga Barangay
ABSENT:
NONE
MUNICIPAL
ORDINANCE NO. 2014-04
Sponsors:
Committee on Ordinances and Legal
Matters, Committee on Finance, Budget and Appropriations and Committee on
Public Utilities and Facilities
AN
ORDINANCE ESTABLISHING THE BANNA WATERWORKS SYSTEM (BANWAS)
WHEREAS, the existing waterworks
system of Banna has been rehabilitated and upgraded through the “Sagana at
Ligtas na Tubig sa Lahat Program” (SALINTUBIG) of the Department of Interior
and Local Government (DILG);
WHEREAS, the SALINTUBIG enabled the Municipality of Banna to maximize its water
resources to provide clean potable water to the waterless communities of the
four (4) urban barangays of its poblacion;
WHEREAS,SALINTUBIG
enables the Municipality of Banna to maximize its water resources to provide
potable water supply to its people within the communities of the four (4) urban
barangays within the poblacion;
WHEREAS, in
order to better manage the revitalized water system and ensure delivery of this
basic service to its communities, the Municipal Government of Banna shall
continue to own, manage and maximize BANWAS with the goal of expanding its
coverage to the other barangays;
WHEREAS, in
compliance with the requirement of the DILG for SALINTUBIG Program, the
municipal water system otherwise known as the BANNA WATERWORKS SYSTEM(“BANWAS”)
is hereby created; hence .
BE IT ENACTED
BY THE SANGGUNIANG BAYAN THAT:
CHAPTER
I
Title
and Objectives
Article 1. Title -This
Ordinance shall be known as “the BANNA WATERWORKS SYSTEM (BANWAS)”.
Article 2. Statement of
Objectives. Pursuant to the General Welfare
Clause of Republic Act No. 7160, otherwise known as the Local Government Code
of 1991, the Municipal Government of Banna hereby establishes BANWAS which aims
to:
a.
Acquire, improve, maintain and
operate efficient water supply and distribution system to all residents,
institutions and commercial establishments within the four (4) barangays within
the poblacion of Banna.
b.
Provide, maintain and operate a
potable water service twenty four (24) hours a day, seven (7) days a week.
c.
Conduct such other functions and
operations to water resources development and utilization within the
municipality.
CHAPTER
II
Organization
and Management
Article 3. Policy
Making Body. The policy making body of the Banna Water Works System shall
be the Water and Sanitation Council which will be composed of the following
members:
Chairman: Municipal Mayor
Vice Chairman:Sangguniang Bayan Member(SBM), Committee on Health and Social
Welfare
Co-Vice
Chairman: SBM, Committee on
Finance, Budget and Appropriations
Members:
Municipal
Planning and Development Coordinator (MPDC)
Municipal Engineer
Municipal Social Welfare and Development
Officer
Municipal Health Officer (MHO)
Municipal Budget Officer
Municipal
Treasurer
Municipal Accountant
Local Government Operations Officer (DILG-LGOO)
Municipal Civil Registration Officer and Designated
Information Officer
Municipal Assessor
Municipal Barangay Health Workers
Representative, Non-Government Organizations (NGO)
Article 4. Management
and Operation - The Banna Waterworks System shall be owned, operated
and maintained by the Municipal Government of Banna.
Article 5. Organization -
The Banna Waterworks System (BANWAS) shall be under the supervision and control
of the Municipal Government of Banna through the Office of the Municipal Mayor,
and which shall be managed by a Water System Manager. The Water System Manager
shall be assisted by employees necessary to operate and maintain effectively
the water system.
Article 6.Banwas General
Manager. A General Manager shall be
appointed by the Municipal Mayor including its personnel. The General Manager
shall be assisted by such employees as are necessary to operate and maintain
effectively the water system. The term of office of the General Manager shall
be five (5) years upon his/her appointment, renewable thereafter and or at the
retirement years of sixty five (65). No person shall be appointed to the
position of Water System Manager unless he/she possesses the following minimum
qualifications:
a. Must be a resident of Banna, Ilocos Norte
for at least one (1) year.
b. Must possess adequate educational
background.
c. Must possess civil service eligibility.
d. Must have good moral character.
e. Must have not been convicted of any crime involving
moral turpitude.
Article 7. Duties and
Responsibilities of the Banwas General Manager. The General Manager shall
have the following duties and responsibilities, among others, to wit:
1. Directs
the management and business of the Banna Waterworks System pursuant to
policies and ordinances enacted;
2. Submits
regular report of operations of the Banna Water System to the Water and
Sanitation Council (WATSAN);
3. Advises
and assists the Water and Sanitation Council (WATSAN) on the formulation of plans
and policies of the Banna Waterworks System;
4. Perform
such other duties and responsibilities as maybe prescribed.
CHAPTER
III
Duties
and Responsibilities of Banna Waterworks System
Article 8. The BANWAS shall have the following duties and
responsibilities:
a.
Service - The Banna Waterworks
System (BANWAS) shall operate, maintain and provide dependable and adequate
water service to the people of the four (4) urban barangays within the
poblacion.
b.
Information and Assistance -The
Banna Waterworks System (BANWAS) shall upon request give any consumer, all
information and assistance pertaining to its service in order that said
consumer may secure safe, proper, adequate, and efficient service.
c.
Investigation and Complaints -
The Banna Waterworks System (BANWAS) shall, within the responsible time, make
full and prompt investigation of complaints to it concerning the service it
renders.
d.
Service Interruption - in all cases
applicable, the Banna Water System (BANWAS) shall give notice to its consumers
in advance of any contemplated stoppage of water service.
e.
Accounts - The Banna Water
Waterworks System (BANWAS) shall keep such books of accounts and other records
as maybe necessary to afford an intelligent understanding of its business.
f.
Maintenance of Water Source and
Related Facilities - The Banna Waterworks System (BANWAS) must properly
maintain its water source and facilities at all times. Water samples should be
collected regularly or whenever necessary at the pump discharge for the
laboratory test regarding the potability of the water supply.
g.
Installation of Meters - Meters
and auxiliary devices shall be furnished and installed by the Banna Waterworks
System (BANWAS) to residential, institutional and commercial establishments.
h.
Location of Meters - All meters
shall be installed within the property line of consumers where it is easily
accessible for reading and said water meter be properly safeguarded.
i.
Water Meters - No meter shall be
placed in service unless it has been tested and certified by accredited
supplier. In case there is defect it must be readjusted and returned in service
after being tested, certified and sealed.
j. Meter
Reader and Bill Collector - the Municipal Mayor shall employ a Meter
Reader and a Bill Collector to collect payments of water bills from consumers.
k. Payments of
Bills - The billing period of water consumed will be end of every
month, due date will be ten (10) days upon receipt of water bill,
surcharges/penalties of twenty pesos (P20.00) for late payment shall be added
to the bill. Disconnection notice shall be served for unpaid bills after one
(1) month, non-payment thereof shall mean disconnection. If at the time of
disconnection, the consumer tenders payment of the unpaid bill to the
collector, said collector agent or employee shall be obliged to accept payment
and issues temporary receipt for the amount and shall desist from disconnecting
the water service.
Failure
to receive bills does not relieve the consumers of liability. Any amount due
shall be deemed a debt to the Banna Waterworks System and any person, firm or
corporation neglecting or refusing to pay said indebtedness shall be liable to
a civil action.
l. Water
Bills - Water bills shall be sent to consumer at regular intervals, which
shall allow the period covered, amount of bills, among others.
m. Reconnection of Service - In
case of disconnection of service due to non-payment of bills, reconnection
shall be made immediately after the settlement of previous unpaid bills
including penalties thereon, an amount of One Hundred Fifty pesos (P150.00)
shall be paid by consumer as reconnection fee. Disconnection not due to
non-payment of bill shall pay an amount of One Hundred Pesos (P100.00) as reconnection fee.
CHAPTER
IV
Duties
and Responsibilities of Consumer
Article 9. Every consumer shall have the following
responsibilities:
a.
Every consumer shall comply with
policies, rules, bulletins issued by the policy making body of the Banna
Waterworks System.
b.
Every consumer shall pay his bills
not later than ten (10) days from its presentation and/or demand.
c.
Every consumer shall see to it that
the meter shall be protected from loss or damage. The loss or damage due to the fault or negligence of
the consumer shall be borne by him.
d.
Every consumer shall allow the
authorized personnel of the Banna Waterworks System at reasonable hours, to
perform necessary repairs on the meter or piping.
e.
Every consumer shall prevent the
waste of water. He shall likewise see to it that waste water shall be disposed
in such a manner that it will not injure the health and safety of the
community.
f.
It shall be unlawful to tap, make or
build any connection with the water supply system or to make addition extension
or sub-connection thereto without any written permission from the Banna
Waterworks System (BANWAS). The facilities installed beyond the water meter
shall be the responsibility of the consumer.
g.
It shall be unlawful for any consumer
to dismount or change the location of a meter or transfer the tapping at the
water main without the authority from the Banna Waterworks System.
h. No person other
than those authorized by the BANWAS shall break the seal of a meter, nor shall
a consumer permit such breaking of the seal or the tampering of a meter by
unauthorized person.
CHAPTER
V
APPLICATION
AND CONTRACT FOR WATER SERVICE
Article 10. Application and Contract - Every prospective
consumer shall be entitled to the use of water system upon approval of the
application and contract duly signed by the consumer and BANWAS represented by
the Water System Manager approved by the Municipal Mayor as Chairman of the
Water and Sanitation (WATSAN) Council. Application for water service shall be
processed on a first come first served basis.
Article 11. Fees - Every consumer before being connected
with the water service shall pay the following:
a. Application Fee – P 100.00
b. Installation Fee –
P 150.00
c.
Service Connection Fee
Cash
- P 2, 300.00
Installment-P2,
400.00 payable within twenty four (24) months at one hundred pesos per month (P
100.00/month)
CHAPTER
VI
WATER
TARRIF AND CLASSIFICATION OF SERVICE CONNECTIONS
Article 12. The BANWAS shall strictly adhere to its authorized
water rates and charges. All changes and modification and adjustment thereof
shall be approved by the Sangguniang Bayan.
Article 13. Minimum Charge - for the initial operation of the
BANWAS the minimum charge shall be One Hundred Fifty Pesos (P150.00), which
shall cover the first ten (10) cu.m. of water consumption. The water rates
shall be as much as possible be based from the Manual on Water Rates of Local
Water Utilities Administration (LWUA).
Article 14. Classification of Service Connection -
Water service connections shall be classified into three customer classes.
Conversion shall be assigned and used in arriving at the corresponding water
rates based on the classifications. The conversion factors are to be multiplied
to the residential rates both to the minimum and commodity charges.
Classification
Conversion Factor
Residential/Institutional
1.0
Industrial 1.70
Commercial
A 1.50
Commercial
B 1.30
Bulk/Wholesale 2.0
Article 15. The Sub-Classifications of Commercial Class shall
be the following;
|
Classification
|
Conversion
Factor
|
Definition
|
||
|
Industrial
|
1.70
|
-CHB and concrete products
manufacturer
-Confectionaries
-Ice Plants
-Any residential user who sells or
supplies to others
-Water refilling stations
|
||
|
Commercial
A
|
1.50
|
-Agricultural Supplies
-Bakeries
-Beauty Parlors/Barber Shops
-Beer Houses
-Billiard/Halls and other games and
entertainment places
-Boarding Houses
-Bus Stations and/or Terminals
-Cafeterias/Canteens
Managed by cooperatives
-Carinderias
-Construction
-Dental and Medical Clinics
-Fish and Meat stalls in public
markets with individual water meters
-Gasoline Stations
-Hotels, Lodges, and the likes
-Ice cream parlors
-Lumber and Hardware
-Piggery
-Poultry
-Private Hospitals and Clinic
-Private Schools
-Restaurants
-Rest Houses
- Carwash
-Wholesale and Retail outlets
|
||
|
Commercial B
|
1.3
|
-Sari-sari Stores
-Dry goods Stores
-Junk Shops
-Electrical and repair shops
-Vulcanizing and repair shops
-Gift shops
-Drugstores
-Commercial and Private Banks
-Boarding Houses with less than
five(5) boarders
-Glassware
-Photo services
-Groceries
-Furniture shops
-Motor Parts and Accessories Outlet
|
||
|
Residential/Institutional
|
1.0
|
-Residential Houses
-Government Offices/Buildings
-Government clinics and hospitals
-Religious Institutions
-Public Schools
|
||
Article 16. For every excess of the water consumed after the
first Ten (10) cubic meters, the rate of payment shall be computed at a flat
rate on the following; Residential
1.
Excess of ten (10) cubic meters but
not more than twenty (20) cubic meters - Eighteen Pesos (P18.00) per cubic
meter.
2.
In excess of twenty (20) cubic meters
but not more than thirty (30) cubic meters - Twenty One Pesos (P21.00) per
cubic meter;
3. In excess of thirty (30)
cubic meters but not more than forty (40) cubic meters - - Twenty Four Pesos
(P24.00) per cubic meter;
4. In excess of forty (40) cubic meters up -
Twenty Seven Pesos (P27.00) per cubic
meter
CHAPTER
VIII
MISCELANEOUS
PROVISIONS
Article 17. Cross
connection. No person, firm or corporation shall install or maintain any
physical connection between any private source of water supply and the BANWAS.
Article 18. Refunds and
Adjustments. If for any reason, the consumers become entitled to a refund
such as for over payment of a closing bill, or other cause, a demand shall be
made by said consumer for refund of such over payment subject to the approval
of the Mayor upon the recommendation of the General Manager.
Article 19. Disputed
Bills. In the event a complaint is made by a consumer that his water bill
is excessive, a reread shall be made on the meter and a check shall be made to
determine in particular if there is leaks in the meter. Should no leak be
found, the water meter shall, upon notice to the consumer, be removed and be
subjected to test. In the event the meter test is within the approved
limitations and the consumer continues to question the water bill, inspection
and investigation shall be made within the premises served by the meter. Should
said inspection and investigation find no reason to adjust said bill, the
consumer shall refer the disputed bill to the Sangguniang Bayan for final
ruling, subject to the rights of the
consumer to appeal said adverse ruling.
Article 20. Damage
through leaking Pipes and Fixtures. When turning on the water supply as
requested and the house and property is vacant, the BANWAS will endeavour
to ascertain if water is running in the inside of the building. If such is
found to be the case, the water supply will be shut off at the curb cock on the
inlet side of the meter. The jurisdiction and responsibility of the BANWAS
shall end at the meter and in no case be liable for damages beyond the meter.
Article 21. Maintenance
of Water Pressure and Shutting Down for Emergency Repairs. The BANWAS
reserves the right to discontinue water service while making emergency repairs
or for other causes which in its discretion necessitates such discontinuance.
CHAPTER IX
PENAL PROVISION
Article 22. Violation of Par. f, Article 9 by any person shall
be penalized by a fine of one thousand pesos (P1, 000.00) and disconnection of
water service for Six (6) months.
Article 23. Any pilferage of water consumption in order not to
pay the actual consumption shall be penalized by a fine of one thousand pesos
(P1, 000.00) and disconnection of water service for one (1) year.
CHAPTER
X
FINAL
PROVISIONS
Article 24. Whenever possible the BANWAS shall seek to expand,
improve or upgrade its water service to reach more member-consumer within the
municipality.
Article. 25. Separability Clause
If any part
or provision of this Ordinance is held invalid or unconstitutional, other
provisions not affected thereby shall remain in force and effect.
Article. 26. Repealing Clause
All other
ordinances, resolutions, orders, issuances, rules and regulations which are
inconsistent with the provisions of this Ordinance are hereby repealed, amended
or modified accordingly.
Article 27. Effectivity
This Ordinance shall take effect
fifteen (15) days after its publication in at least two (2) newspapers of
general circulation.
December 17,
2014
Enacted.
Voting in Favor: Members Florendo S.
Macasio, Jr., Nelson S. Lucas, Jaime C. Maximo, Liberato L. Rupisan,
Nelson C. Oalog, Efren Santos B. Garcia, Jezley James B. Abadilla, Robert A.
Abadilla and Domingo E. Abian
Voting Against:
None
Abstentions:
None
I HEREBY CERTIFY
to
the correctness of the above-quoted Municipal Ordinance No. 2014-04 of Banna,
Ilocos Norte.
(SGD) GRESMARIE C. PABLO
SB Secretary
ATTESTED:
(SGD) HERMINIO
A. BUMANGLAG
Municipal Vice-Mayor/Presiding Officer
APPROVED:
(SGD) CARLITO A. ABADILLA II
Municipal Mayor
Date Signed: Jan. 15, 2015
Feb. 2-9, 2015*IT
______________________________________________________
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