(Cont. Ord. No. 2022-11, enacted on 16 day of August, 2022)
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WHEREAS, Section 20 of Republic Act No. 7160, otherwise known as the "Local Government Code of 1991," states:
Section 20. Reclassification of Lands- (a) A city or municipality may, through an ordinance passed by the sanggunian after conducting public hearings for the purpose, authorize the reclassification of agricultural lands and provide for the manner of their utilization or disposition in the following cases: (1) when the land ceases to be economically feasible and sound for agriculture purposes as determined by the Department of Agriculture or (2) where the land shall have substantially greater economic value for residential, commercial or industrial purposes as determined by the sanggunian concerned: Provided, that such reclassification shall be limited to the following percentage of the total agricultural land area at the time of the passage of the ordinance xxx;
WHEREAS, ART. 99 of the Implementing Rules and Regulations of Republic Act 7160, otherwise known as the "Local Government Code of 1991," provides that the Sangguniang Panlungsod, as the legislative body of the city, shall enact ordinances, approve resolutions and appropriate funds for the general welfare of the city and its inhabitants xxx and shall:
(2) Generate and maximize the use of resources and revenues for the development plans, program objectives and priorities of the city as provided in Section 18 of the Code, with particular attention to agro-industrial development and citywide growth and progress, and relative thereto shall:
(viii) Reclassify agricultural lands within the jurisdiction of the City subject to the provision of Rule VII of these rules;
WHEREAS, the City of Alaminos, Pangasinan is currently the center of commerce, trade and tourism in Western Pangasinan and thus requires additional lands for urban expansion to accommodate the increase in population and other socio-economic activities;
WHEREAS, since the subject portion of land is classified unirrigated/irrigated/pasture rice land, it is imperative that once reclassified to commercial use it shall have substantially greater economic value; as
WHEREAS, in compliance with the provisions of Section 20 of Republic Act 7160, a public hearing for the purpose was conducted on July 28, 2022 at the Barangay Auditorium/Covered Court, Brgy. Palamis, Alaminos City, Pangasinan;
WHEREAS, the representatives of the City Assessor and City Zoning Officer of the City of Alaminos informed the body during the public hearing that said properties are outside the Network of Protected Areas for Agricultural and Agro-Industrial Development in the City and is still within the allowable limit of ten percent of the total agricultural land as provided for in the City Comprehensive Land Use Plan;
WHEREAS, the subject reclassification meets all the provisions of Rule VII of the Implementing Rules and Regulations of Republic Act No. 7160;
NOW, THEREFORE, on motion of Councilor Joselito O. Fontelera, duly seconded by all the members present,
