PRESENT: Hon. Robert N.

Cong, City Vice Mayor/

Acting City Mayor
Hon. Ceasar Jomer Y. Ong Oh, SP Member
Presiding Officer Protempore
Hon. Salutario B. Cuasito, SP Member/
Acting City Vice Mayor
Hon. Harris Glenn D. Puyot, SP Member
Hon. Ernie M. Ceniza, SP Member
Hon. Daniel O. Racaza, SP Member
Hon. Lorito Q. Maragañas, SP Member
Hon. Raykito M. Kittilstvedt, SP Member
. Hon. Ernesto G. Tapales, SP Member
Hon. Lito B. Bulasa, SP Member, Liga ng Barangay Pres.
Hon. Mark Lito O. Polgarinas, SP Member, CSK Federation Pres.

ABSENT: None.

CITY ORDINANCE NO. 2009-02

AN ORDINANCE REGULATING THE USE OF FARM TRACTOR

OF THE CITY OF CABADBARAN.

WHEREAS, Cabadbaran City has a total land area of 32,746 hectares of

which 9,845 hectares are classified as agricultural land;

WHEREAS, out of the 9,845 hectares, 450 hectares are classified as

potential land for corn farming, 118 hectares are actually, continuously and
exclusively planted with corn; 18 hectares are actually, continuously and
exclusively cultivated with vegetables and 5,972 hectares are planted with
coconuts which are also potential for corn/vegetable farming provided the
acceptable planting distance is adapted;

WHEREAS, despite good weather condition, high grade soil and persistent
farmers, high yield of corn and vegetables extremely depend upon the proper
cultivation of the agricultural land. Conventional method of plowing such as the
use of beast-of-burden is time consuming and exhausting which would
eventually redound to the health and yield of the farmers;

WHEREAS, local farmers eventually resort to desperate measures such as

renting expensive farm tractors from other municipalities;

WHEREAS, the City Government of Cabadbaran endeavors to address

the problems by making the farm tractors available to the farmers within the
territorial jurisdiction of Cabadbaran City at a reasonable fee/charge;

WHEREAS, the main concept of this ordinance is to regulate the use of the
farm tractors owned by the City Government of Cabadbaran and to prescribe
reasonable fees/charges thereof.
City Ord. No. 2009-02 - - -/
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NOW THEREFORE-
BE IT ORDAINED, by the 1st Sangguniang Panlungsod, in its 84 th
Regular Session assembled, that:

SECTION 1. TITLE OF ORDINANCE -

This ordinance shall be known as the “Farm Tractor Ordinance”.

SECTION 2. DECLARATION OF POLICY -

It is the policy of Cabadbaran City to serve its constituents particularly

the agriculture sector by delivering efficient and effective services as well as to
provide facilities for economic upliftment.

SECTION 3. DEFINITION OF TERMS:

For purposes of this ordinance, these terms are defined as follows:

1. Client – farmer/farmers association wishing to avail the services of the

farm tractor whose farm is within the jurisdiction of Cabadbaran
City.

2. Farmer – one who earns his living by farming; one who cultivates a farm,
whether a tenant or the proprietor; an agriculturist; one who tills
the soil.

3. Farmers Association – any farmer organization duly accredited or

recognized by the LGU.

4. Farm Tractor – a motor vehicle owned by the City of Cabadbaran used for
pulling heavy loads, especially on farms, where its large
wheels enable it to move on fields.

5. Operator - a city government worker who operates machinery, an

instrument or other equipment.

6. Mechanic – a city government skilled worker who is employed to repair,

maintain or operate machinery or engines.

SECTION 4. TERMS AND CONDITIONS

1. The farm tractor must be exclusively used within the territorial

jurisdiction of Cabadbaran City. In case where the farm is located
between Cabadbaran City and another Municipality, the adjacent farm or
a fraction thereof with the same owner shall be included.
2. Farm tractor is for the exclusive use for clients who have no dormant or
unsettled account from the City Agriculturist Office.
3. Any Farmers Association that shall avail of the services of the farm
tractor shall pay 50% down payment for the rental fee and the
remaining 50% upon harvest. In case the Farmers Association fails to
pay the remaining balance of 50% upon harvest, the client shall pay
an additional 5% as interest per month.
City Ord. No. 2009-02 - - -/
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4. Should the Association wishes to avail the services of the farm tractor but
fails to pay the remaining balance of 50% due to reason other than
fortuitous event such as floods and typhoons, its application for lease
shall be cancelled or revoked until the balance shall have been paid.
5. In the event the tractor will bog-down and only a portion of the area has
been served, the client shall be refunded pro rata within five (5) days
basing on the percentage of unserved area.

SECTION 5. PROCEDURE

1. Client shall apply from the City Agriculturist Office for scheduling of
service;
2. City Agriculturist Office shall see to it that the farm to be plowed is within
the territorial jurisdiction of Cabadbaran City or part thereof by ocular
inspection or other means;
3. Client shall proceed to the City Treasurer for payment of the required
charge;
4. Client shall then proceed to the City Agriculturist Office for the signing
of Service Contract between farmer/farmers association and LGU duly
signed by the City Mayor;
5. The City Agriculturist Office shall enter every transaction in the log book
to monitor the accounts, operation, scheduling and the condition of the
farm tractor;
6. The City Engineering Office in collaboration with the Tractor operator,
shall perform a periodic maintenance and repair of the units.

SECTION 6. RENTAL FEE AND RENTAL SCHEME

Rental Fee

Rental Fee shall be at Two Thousand Pesos (P 2,000.00)/passing/

hectare inclusive of fuel and oil. Provided however, the client shall pay
the cost of traveling from the city motor pool at the City Engineer’s
Office to the service area which is computed as follows:

1 liter = 3 kilometers

Provided further, in instances where two or more farms to be

serviced are located within the same area, the two or more clients
shall share the cost of the fuel used for travel.

SECTION 7. PROCEEDS

All the proceeds from the rental of the farm tractors shall be
deposited to the General Fund.
City Ord. No. 2009-02 - - -/
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SECTION 8. PROHIBITIONS - The following are prohibited acts of the

farmers and operators:

1. Internal agreement between the client/farmer and tractor operator to

extend services beyond the paid and stipulated area;
2. Internal agreement between the client/farmer and tractor operator to plow
the field in excess of the stipulated passing per hectare;
3. Operator agreeing to charter the farm tractor without going through the
prescribed procedures;
4. Client/Farmer enticing the tractor operator to charter the farm tractor by
providing fuel without going through the prescribed procedures.

SECTION 9. PENALTIES

9.1 FARMER - Farmer/farmer association who violates this Ordinance

shall have the following penalties:

1st Violation - forfeiture of application for lease of farm tractor for a

period of six (6) months.

2nd Violation - forfeiture of application for lease of farm tractor for a period
of one (1) year.

3rd Violation - forfeiture or barred from using the farm tractor and its
special privileges from the LGU.

9.2 OPERATOR – He shall be discharged from service.

SECTION 10. SEPARABILITY CLAUSE – should any of the provisions of

this ordinance is declared invalid or unconstitutional, the remaining provisions
shall be in full force and effect.

SECTION 11. REPEALING CLAUSE – All previous Municipal/City

Ordinances found to be inconsistent with the present Ordinance shall be modified
and/or repealed accordingly.

SECTION 12. EFFECTIVITY

This ordinance shall take effect upon approval and compliance of posting
requirements.
City Ord. No. 2009-02 - - -/
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ENACTED AND APPROVED: JUNE 11, 2009

Author : Hon. Raykito M. Kittilstvedt
Co-authors : Hon. Harris Glenn D. Puyot
Hon. Ernie M. Ceniza
Movant : Hon. Raykito M. Kittilstvedt
Seconder : Hon. Salutario B. Cuasito

CERTIFIED CORRECT:

CEASAR JOMER Y. ONG OH

SP Member
Presiding Officer Protempore

ROBERT N. CONG
City Vice Mayor

SALUTARIO B. CUASITO HARRIS GLENN D. PUYOT

SP Member SP Member

ERNIE M. CENIZA DANIEL O. RACAZA

SP Member SP Member

LORITO Q. MARAGAÑAS RAYKITO M. KITTILSTVEDT

SP Member SP Member

ERNESTO G. TAPALES LITO B. BULASA

SP Member SP Member, Liga ng Barangay
Pres

MARK LITO O. POLGARINAS

SP Member, CSK Federation Pres.

ATTESTED:

NELIA T. PINUNGGAN
Secretary to the Sangguniang Panlungsod Submitted to
the Mayor
Date: ______________

APPROVED:
 DALE B. CORVERA
City Mayor
lmbcityordno2009-02