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NAGA SITE DEVELOPMENT APPROPRIATION

(included) Legislative Authorization : Budget (RC Code) : Function/Program/Project : Cebu Sangguniang Panlalawigan Development Projects/Activities (8918-2) Local Development Fund – Purchase, Construction and Improvement of Government Facilities (8918) Authorized Budget Appropriation Title-Name Item Amount 60,000,000.00

Budget Year 2010

Resolution/ Appropriation Ordinance No.

6650-2009/2009-11 Airport/Seaport and Other & Economic Enterprise Site 4113-2002/2002-25 Development Program 2012-2010/2010-11 Airport/Seaport and Other & Economic Enterprise Site 825-2011/2011-05 Development Program 1952-2011/2011-25 Airport/Seaport/Reclamation and Other Economic Enterprise Site Development Program

2011

150,000,000.00

2012

170,000,000.00

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9

SP APPROVAL OF 2010 ANNUAL BUDGETPS

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SP APPROVAL OF 2011 ANNUAL BUDGETPS

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SP APPROVAL OF 2012 ANNUAL BUDGETPS

LOCAL GOVERNMENT CODE
RA No. 7160

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SEC. 22(c), RA No. 7160
“Unless otherwise provided in this Code, no contract may be entered into by the local chief executive in behalf of the local government unit without prior authorization by the sanggunian concerned. Xxx.”

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SEC. 306, RA No. 7160
“’Appropriation’ refers to an authorization made by ordinance, directing the payment of goods and services from local government funds under specified conditions or for specific purposes;”

SEC. 346, RA No. 7160
“Xxx. - Disbursements shall be made in accordance with the ordinance authorizing the annual or supplemental appropriations without the prior approval of the sanggunian concerned. Xxx”

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Under RA No. 7160, the Provincial Governor shall, among others: “Exercise general supervision and control over all programs, projects, services, and activities of the provincial government xxx:” (Secs. 465[b{1}] & also 16/17) “Enforce all laws and ordinances relative to the governance of the province and the exercise of the appropriate corporate powers xxx:” (Secs. 465[b{2}] & also 16/17) “Initiate and maximize the generation of resources and revenues, and apply the same to the implementation of development plans, program objectives and priorities xxx:” (Secs. 465[b{3}] & also 16/17)

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SUMMARY OF PROJECTS YEAR 2005 – 2012 DISTRICT V
ROADS 80.383 KMS P 259,748,415.42

LABOR INTENSIVE INFRASTRUCTURE PROGRAM (ROAD DRAINAGE)
BRIDGES SCHOOL BUILDINGS OTHER BUILDING IMPVT./CONST.

9.500

KMS

2,366,360.00

6.000 66.000 7.000

SECT UNITS UNIT

36,518,851.66 54,754,457.38 121,366,069.01

WATERWORKS
HERITAGE TOTAL

6.000
1.000

SYSTEM
SITE P

6,962,302.83
585,712.80 482,302,169.10
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1

“Provincial Development Assistance Fund (PDAF)” does not indicate “what, where and how much” Development Assistance for goods and services are included or provided to a particular Municipality/City or Institution.

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“Provincial Development Assistance Fund (PDAF)” And its implementation or contract execution requires no further or prior authorization/ approval from the Sangguniang Panlalawigan,on the ground that the Appropriation Ordinance authorizing such annual/ supplemental budget is by itself an authorization for PDAF implementation.

“Provincial

Development Assistance Fund (PDAF)” Among other transactions:

Under Vice Governor’s PDAF • Grass Cutters (P400T, FY 2011) – Different Barangays • Construction of Gym Bleachers (P200T, FY 2012) – Bulacao, Talisay

Under SP Member Sitoy’s PDAF • Construction of Basketball Court (P200T, FY 2012) – Cogon, Cordova • Mobile Van (P370T, FY 2012) – Cordova

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Thus, in the same manner (as the afore-cited PDAF): “Airport/Seaport and Other Economic Enterprise Site Development Program”, “what, where and how much” need not be indicated. Furthermore, the subsequent implementation of the Balili Development Project (under Site Development) requires no prior authorization or approval from the Sangguniang Panlalawigan.

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BALILI PROPERTY

January 14, 2008
The Sangguniang Panlalawigan passed Resolution No. 187-2008
Author: Hon. Juan Bolo Co-Author: Hon. Victor Maambong Hon. Wenceslao O. Gakit Salient points: • Price - P434.00 / sq. mtr.; • Number of lots – Ten (10); and, • Total Area – 247,317 sq. mtrs.

April 21, 2008
The Sangguniang Panlalawigan passed Resolution No. 17812008
Author: Hon. Juan Bolo Co-Author: All Other SP Members Present The said resolution amended Resolution No. 187-2008 by, among others, lowering the purchase price from P434.00/sq. m. to P400.00/sq. m.

Properties Transferred to the Province of Cebu at Tina-an, Naga City
Lot No.
01 02 03 04 05 06 07 08 09 10

Title Number
TP-32562 TP-32647 TP-32649 TP-32648 TP-32653 T-151716 TP-32651 TP- 32650

AREA (Sq.m.)
26,231 2,484 142,734 5,825 2,093 3,253 21,566 5,480 27,737 9,914
1,929 (Not paid but transferred to Cebu Province)

11

008592

TOTAL

249,246 SQ.M

PRICE
(per sq.m.)

NUMBER OF LOTS

TOTAL AREA

AMOUNT PAID

REMARKS
ONLY THE TEN (10) TITLED PARCELS WERE PAID YET ELEVEN (11) PARCELS HAVE BEEN TRANSFERRED

Php 400.00

ELEVEN (11) ADJOINING PARCELS

249,246 SQ.M.

Php 98,926,800.00 REPRESENTING 247,317 SQ.M. TITLED PARCELS

98,926,800.00 ÷ 400 = 247,317 SQ.M.

DEVELOPMENT OF BALILI PROPERTY

KEPCO

July 2009. – Execution of the definitive Landfill Facilities Services Agreement between Cebu Province and KEPCO.

- Salient features:
a. Coal Ash to be use as Landfill Material in a manner allowed by law. b. KEPCO shall pay the Province One (1) Dollar per metric ton of coal ash used as a filling materials with an escalation rate of 10% every 5 years. c. Advance payment of One Million – US Dollars, recoupment to be evenly spread within the 25 years terms of the agreement.

KEPCO

Tampering with physical evidence?

RECLAMATION OR RESTORATION

CORDOVA RECLAMATION

IMPLEMENTING RULES AND REGULATIONs (IRR) OF CEBU PROVINCIAL ORDINANCE (CPO) NO. 96-14, AS AMENDED BY CPO NOS. 2006-04 AND 2009-02, CREATING THE CEBU PROVINCIAL RECLAMATION AUTHORITY, ON RECLAMATION PROJECTS UNDERTAKEN BY LOCAL GOVERNMENT UNITS

SECTION 5. Definition of Terms

Reclamation – the process of
conversion by filling, dredging, or other artificial means of foreshore land or submerged areas into land suitable for use as habitation or for cultivation.
However, permanent improvements on foreshore lands, which include dikes, wharves, clearing, leveling, and other similar constructions that are inherently necessary and/or ancillary to the operations of the existing tenurial instrument thereon, shall not be construed as reclamation.

The MEERIAM WEBSTER DICTIONARY New School & Office Edition

RESTORATION

- n 1: an act of restoring :

The state of being restored 2: something (as a building) that has been restored

Restore - vb restored: restoring 1 : to give
back: RETURN 2 : to put back into use or service 3: to put or bring back into a former or original state

RESTORATION of BALILI PROPERTY

BEFORE

AFTER

ECOZONE

September 2012
AGREEMENT BETWEEN CEBU PROVINCIAL GOVERNMENT AND APO CEMENT CORPORATION

2.4 Taking into account the Ash requirement of APO, CPG shall supply and make available to APO approximately Three

Thousand (3,000) metric tons of Fly Ash per month and approximately Six
Hundred (600) metric tons of Bed Ash per month, through a delivery or arrangement agreed with the Cebu Provincial Treasurer’s Office or its designated representative. The Parties shall make the necessary adjustment to this delivery schedule on a weekly basis in accordance with expected ash utilization of APO and taking into consideration the fly ash silo level of KSPC, as well as APO’s requirements for continuous feeding of the ASH to its designated equipment on the agreed delivery dates.

c

3. Ash Free
3.1 APO shall pay CPG the delivered price of inclusive of value-added Forty Pesos (Php 40.00), tax but subject to any applicable withholding tax, for every ton of Fly Ash supplied by CPG (The “Ash Fee”). It is agreed and understood by the parties that the Bed Ash has no commercial value and is thus not subject to the Ash Fee provided in the preceding paragraph. Such Bed Ash shall be delivered by CPG to the Cement Plant at no cost whatsoever to APO.

WASTE TO ENERGY

PLANNING, DESIGN, CONSTRUCTION, DEVELOPMENT, ORGANIZATION, MANAGEMENT AND FINANCING OF AN INTEGRATED WASTE TO ENERGY FACILITY

PROPOSED SCHEMATIC PERSPECTIVE

THIRTY PESOS(PHP30) per square meter per month, payable on the 7th day of every month, with an escalation rate of 5% per year, applicable on the sixth year of the lease and every year thereafter. The obligation to pay rent takes effect SIXTY DAYS(60) after the issuance of the NOTICE TO PROCCED.

(i) RENT.

-- At the rate of

On 28 February 2013, WMI shall make an
upfront payment of which amount represents the total rental of the Project Site for one (1) year. (ii) SALES, TIPPING FEE AND OTHER REVENUES PERCENTAGE SHARE. -- WMI shall pay CEBU PROVINCE a percentage share of TWO PERCENT(2%) every month of Gross Revenue. Payment of the said percentage share shall commence starting on the 15th day of the month immediately succeeding the date of Commercial Operation and every 15th of the month succeeding thereafter provided that within Fifteen days(15) days of the end of each calendar month during the term of this Agreement, WMI shall advise CEBU PROVINCE of its Gross Sales and Revnues for such month.

P10,800,000.00

YEAR
1 (yr. 2014) 2

SALE of ELECTRICITY
539,875,200 659,734,800

TIPPING FEES
401,112,000 541,728,000

REVENUES from METAL and OTHER BY-PRODUCTS
60,166,800 81,259,200

TOTAL REVENUES
1,001,154,000 1,282,722,000

PGC’S SHARE (@ 2% of TOTAL REVENUES)
20,023,080 25,654,440

3
4 5 6 7 8 9 10 11 12 13 14

677,176,800
687,572,400 702,046,800 717,072,000 735,560,400 750,297,779 769,520,678 789,186,643 813,778,965 830,098,671 851,322,522 873,113,006

557,568,000
573,984,000 590,688,000 607,680,000 625,824,000 641,094,106 656,736,802 672,761,180 689,176,553 705,992,460 723,218,676 740,865,212

83,635,200
86,097,600 88,603,200 91,152,000 93,873,600 96,164,116 98,510,520 100,914,177 103,376,483 105,898,869 108,482,801 111,129,782

1,318,380,000
1,347,654,000 1,381,338,000 1,415,904,000 1,455,258,000 1,487,556,000 1,524,768,000 1,562,862,000 1,606,332,000 1,641,990,000 1,683,024,000 1,725,108,000

26,367,600
26,953,080 27,626,760 28,318,080 29,105,160 29,751,120 30,495,360 31,257,240 32,126,640 32,839,800 33,660,480 34,502,160

YEAR
15 16 17 18 19 20 21 22 23 24 25

SALE of ELECTRICITY
900,288,328 918,388,407 941,848,865 965,953,023 996,021,895 1,015,998,174 1,041,996,231 1,068,668,103 1,101,921,489 1,124,017,736 1,152,791,834

TIPPING FEES
758,942,323 777,460,516 796,430,553 815,863,458 835,770,526 856,163,327 877,053,712 898,453,823 920,376,096 942,833,273 965,838,405

REVENUES from METAL and OTHER BY-PRODUCTS
113,841,348 116,619,077 119,464,583 122,379,519 125,365,579 128,424,499 131,558,057 134,768,073 138,056,414 141,424,991 144,875,761

TOTAL REVENUES
1,773,072,000 1,812,468,000 1,857,744,000 1,904,196,000 1,957,158,000 2,000,586,000 2,050,608,000 2,101,890,000 2,160,354,000 2,208,276,000 2,263,506,000

PGC’S SHARE (@ 2% of TOTAL REVENUES)
35,461,440 36,249,360 37,154,880 38,083,920 39,143,160 40,011,720 41,012,160 42,037,800 43,207,080 44,165,520 45,270,120

TOTAL = 850,478,160.00

PROJECTED INCOME DERIVED FROM KEPCO CONTRACT FLY ASH WASTE: BED ASH WASTE: + 3,000 600 METRIC TON/MONTH METRIC TON/MONTH METRIC TON

3,600 X $1 $ 3,600 X 41

PESO EXCHANGE

P 151, 200
X 12

MONTHLY INCOME
MONTHS ANNUAL INCOME YEARS

P 1,814,400 X 25

P 45,360,000

TOTAL INCOME IN 25
YEARS

PROJECTED INCOME DERIVED FROM APO CORP. CONTRACT RQMT. OF FLY ASH: RATE /TON TOTAL : Php 3,000 40 METRIC TON/MONTH

: Php 120,000 PER MONTH 12 MONTHS/YEAR X

TOTAL INCOME
TOTAL INCOME

: Php 1,440,000 PER YEAR X 5 YEARS TERM
: Php 7,200,000 5 YEARS

CURRENT VALUE OF BALILI PROPERTY
249,246 SQ.M. × P2,500.00

= P623,115,000.00
PURCHASE COST

Php 98,926,800.00

PAMULITIKA
O

KALAMBUAN?