AN ORDINANCE AMENDING MUNICIPAL ORDINANCE NO. 27, SERIES OF 2006, RE: AN ORDINANCE IMPOSING FEES AND OTHER CHARGES ON THE ESTABLISHMENT OF CELL SITES AND OTHER COMMUNICATION FACILITIES IN THE MUNICIPALITY OF MARIBOJOC, BOHOL INTO “AN ORDINANCE IMPOSING FEES AND OTHER CHARGES ON THE ESTABLISHMENT OF CELL SITES, POWER PLANT FACILITIES AND OTHER COMMUNICATION FACILITIES IN THE MUNICIPALITY OF MARIBOJOC, BOHOL.

Authored by: Hon. Alberto E. Arangoso
Sponsored by: Committee on Transportation and Communications

WHEREAS, pursuant to R.A. 7160 otherwise as Local Government Code of 1991, the Local Government Unit has the power to levy fees and taxes on establishments being established in the Municipality of Maribojoc, Bohol;

WHEREAS, Article III, section 447 of R.A. 7160, (ii) the Sangguniang Bayan enacts ordinances levying taxes and charges, prescribing the rates thereof for general and specific purposes;

WHEREAS, in the Municipality of Maribojoc, Bohol, there are cell sites, power plant facilities and other communication facilities being established wherein a Mayor’s and business permits are needed for its legal operation in the municipality;

WHEREFORE, BE IT RESOLVED, by the Sangguniang Bayan in their session duly assembled, of Maribojoc, Bohol, that:

BE IT ORDAINED by the Sangguniang Bayan of Maribojoc, Bohol, that:

SECTION 1: Definition of Terms:
a. Fee – means a charge fixed by law or ordinance for the regulation or inspection of a
business or activity.
b. Levy – means an imposition or collection of an assessment, tax, fee, charge or fine.
c. License or Permit – is a right or permission granted in accordance with law or by a competent authority to engage in some business or establishment being established in the locality.

SECTION 2: Rules and Regulations Fees on Communication Facilities:

= Imposition of Fees and Taxes.

There is hereby levied a tax and fees on the establishment of cell sites, power plant facilities and other communication facilities being established within the jurisdiction of the Municipality of Municipality of Maribojoc, Bohol at the rates prescribed hereunder:

1. There shall be collected a Mayor’s business permit fee for the establishment of cell site, power plant facilities and other communication facilities in the municipality for one (1) cell site in the amount of —P1,500.00 to be collected every January of the year.
2. There shall be imposed an annual tax on communication facilities such as telephone posts, cell sites, power plant facilities wires and other facilities being constructed/established and used by the companies within the jurisdiction of Maribojoc, Bohol for the following amount to wit:

a. for every post – – P 5.00
b. for very cell site – – P 2,000.00
c. for the establishment of telephone
system in the municipality – – P 4,000.00
d. for every transformer of the telephone system – P 1,000.00
e. for every power plant/sub-station facilities – P 5,000.00

SECTION 3: Time of Payment:

The Mayor’s business permit fee and annual tax shall be paid at the Municipal Treasurer’s Office not later than January 20 of every year.

SECTION 4: Surcharge – A twenty five percent (25%) of the amount shall be imposed as surcharge if not paid within the time of payment plus interest.

SECTION 5: Penalty.- Any person or group of persons who violates the provisions of this ordinance shall be fined in the amount of P2,000.00 or imprisonment of five (5) days or both at the discretion of the court.

SECTION 6: Repealing Clause – All ordinances, rules and regulations or part thereof, in conflict with or inconsistent with any provisions of this ordinance are hereby repealed or modified accordingly.

SECTION 7: Effectivity – This ordinance shall take effect upon approval.

Approved: February 22, 2008

Let copies be furnished, the Sangguniang Panlalawigan of Bohol, Tagbilaran City for review and approval.

I HEREBY CERTIFY TO THE CORRECTNESS
OF THE ABOVE QUOTED ORDINANCE:

ENGR. GABINO C. REDULLA
Vice Mayor
Presiding Officer

ATTESTED:

ERLINDA V. CASTILLON
Acting Secretary to the Sanggunian

APPROVED:

LEONCIO B. EVASCO, JR.
Municipal Mayor
Date signed: ________________