CITY ORDINANCE NO. 2011-179

“AN ORDINANCE ESTABLISHING A FINANCIAL GUIDELINES ON THE COLLECTION, DISBURSMENT, RECORDING, REPORTING AND UTILIZATION OF THE ENVIRONMENTAL MANAGEMENT FUND”

BE IT ORDAINED, by the Sangguniang Panlungsod of the Island Garden City of Samal in its regular session assembled, that;

Section 1. RATIONALE.

WHEREAS, Article 11, Section 16 of the Philippine Constitution mandates that the state shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature;

WHEREAS, Section 16 of Republic Act 7160, otherwise known as the Local Government Code of the Philippines provides that every local government unit shall exercise the powers expressly granted, those necessarily implied there from, as well as powers necessary, appropriate or incidental for its efficient and effective governance and those which are essential to the promotion of the general welfare, enhance the right of the people to a balanced ecology;

WHEREAS, the local government of Island Garden City of Samal had enacted City Ordinance No. 2009-156, incorporating therein fees and charges relating to Solid Waste Management (SWM) and Environmental User’s Fee (EUF);

WHEREAS, the city government likewise enacted City Ordinance No. 2010-160 relating to Marine Protected Area and City Ordinance No. 2008-142, otherwise known as the Comprehensive City Fisheries Code;

WHEREAS, these City Ordinances have common battle cry as it deals primarily on the optimum utilization, promotes proper management and conservation of Natural Resources of Samal Island and that it imposes reasonable fees and charges as a tool to properly regulate, monitor and manage these natural resources;

WHEREAS, there is a need to establish a uniform financial guideline in the collection, disbursement, recording, reporting and utilization of funds generated out of the aforecited herein named as Environmental Management Fund;

Section 2. Establishment of Environmental Management Fund – There is hereby created, as a special account of the city to be known as Environmental Management Fund in the general fund books of the LGU.

Section 3. Administration of the Fund – The fund shall be under the administration management, supervision and control of the City Environmental Program Implementing Team, Executive Committee. The committee shall promulgate the appropriate guidelines for the management of the fund, including the mechanics in the collection, disbursement, recording, reporting and utilization thereof. Provided, that such guidelines shall be subject to and consistent with the provisions of this ordinance and other applicable laws.

Section 4. Sources of Funds for the Environmental Management Fund – The following shall form part and shall be deposited in the Environmental Management Fund:

a. Garbage Collection Fees
b. Environmental Protection Fees
c. Inspection Fee for cutting of miscellaneous trees
d. Amount allocated for Environmental Programs and projects from the 20% City Development Fund
e. Environmental User’s Fees
f. Annual permits, license fees and charges for:

1. Fishing Operators
2. Fishing gears
3. Anchorage
4. Auxiliary invoice on fish

g. Registration of fishing vessels
h. Income from the grant of exclusive fishing privileges
i. Poundage fee for confiscated boats, gears and accessories
j. Fines and penalties for:

1. Damage to habitat
2. Illegal Construction of port/wharf/jetty and the like
3. Fines and penalties specified in the Fisheries Code, Integral Solid Waste Management Ordinance and Ordinance on Marine Protected Area Management

k. Donations and solicitations for environmental projects
l. Grants for Environmental programs
m. Cash incentives and/or cash recognition awards
n. Other sources

Section 5. Use of the Environmental Fund – The fund shall be used exclusively to finance all environmental programs and project of the city as contained in the approved work and financial plan. Any unspent balance of the EMF shall be exclusively re-programmed for Environmental Programs and Projects for the following year.

Section 6. Duties and Powers of the City Treasurer. The City Treasurer shall have the powers and functions with regard to the Environmental Management Fund:

1. Responsible for the collection of tax, fees and charges which are covered under Environmental Management Fund.

2. Supervise all collecting agents, including barangay appointed collectors, in the collection of EMF Fees.
3. Prepare the necessary receipts or cash tickets for the exclusive use and collection of EMF Fees.
4. Prepare a separate books or accounts for EMF.
5. Perform such other functions as maybe prescribed in the guidelines prepared by the City Environmental Program Implementing Team, Executive Committee.

Section 7. Disbursement of the Environmental Management Fund – The disbursements of EMF shall be in accordance with approved government accounting and auditing procedures. No EMF shall be disburse unless it is supported with an appropriate program design or project proposal that will redound to the benefits of the environment.

As far as practicable, Environmental Management Fund shall be distributed or allocated in the manner set below:

• 60% tangible environmental programs and project
• 20% for trainings
• 20% other expenses

Section 8. Recording, Accounting and Auditing of Environmental Management Fund – all transactions and operations involving the EMF shall be recorded in accordance with the New Government Accounting and Auditing Procedures, Rules and Regulations.

Section 9. Reporting – consistent with transparency and accountability the status of the EMF shall be reported in a quarterly bases thru posting in at least three (3) conspicuous places in the city hall.

Section 10. Separability Clause. If any provision of this ordinance is declared void and invalid by competent authorities, portions not otherwise declared void or invalid shall remain in force and effect.

Section 11. Repealing Clause. All ordinances, executive orders, rules and regulations or parts thereof which are inconsistent with this ordinance are hereby repealed or modified accordingly.

Section 12. Effectivity Clause. This ordinance shall take effect immediately after its publication in the newspaper of local circulation or after its posting in at least three (3) conspicuous places of the Island Garden City of Samal.

ENACTED this 9TH of August 2011 at the Island Garden City of Samal.

CERTIFIED CORRECT:

ERNESTO A. GULBEN
SP Secretary
ATTESTED:
GUILLERMO E. OLDEN
SP Member
Presiding Officer

APPROVED:
ANIANO P. ANTALAN
City Mayor