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An executive-legislative caucus was held at the Bacolod City Hall
Saturday for the City Council to take up the request of the Mayor
for authority to file a case for judicial determination of the fair
rental value of the management and operation of the Bacolod port.
Mayor Evelio Leonardia, in his letter to the Sangguniang Panlungsod
dated March 1, said records will show that the re-negotiation between
the city and the Bacolod Real Estate Authority on the matter had
failed and that, after a year, the SP has not yet decided on what
action to take. Meanwhile, the status quo is not proving to be beneficial
to the city, he said and it is for the best interest of the city
that they come up with a clear policy direction on the subject,
he added.
Leonardia said that since the issue on the fair and reasonable
yearly rental was not resolved during the re-negotiation, and until
now they have not yet established a definite policy direction, he
is proposing that he be given authority by the SP to file the appropriate
case for judicial determination of what constitutes a fair and reasonable
yearly rental for the management and operation of the port.
Councilor Lyndon Caņa said the caucus Saturday was requested
by the SP to clarify certain issues like whether the Mayor is abandoning
the option of takeover since it looks obvious this cannot be attained
for lack of the necessary number of votes.
He said the original City Ordinance of 1961 requires that
the port be exclusively run by BREDCO but it is now being run by
Top Harbor International Inc. He said the personality of THII is
different from that of BREDCO.
Caņa said he also questioned what will happen to other violations
and other issues like the toll fees, and the excess authorized reclamation
area share of the city which was not given by BREDCO.
He said the Mayor and City Legal Officer believe that these
other issues would only make things more complicated so the solution
is to file a case focusing on the rental, without waiver of other
issues to be raised at the proper time.
Caņa said they will call a special session for that issue
alone, while members of the SP will study the matter.
He said he will also review the documents and study the matter
and check the records of the Comprehensive Revised Reclamation Agreement
between the city and BREDCO.*CGS
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