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Ordinance 02 series of 2013

EXCERPT FROM THE MINUTES OF THE 124TH REGULAR SESSION OF THE 16TH SANGGUNIANG PANLUNGSOD, CITY OF GENERAL SANTOS, HELD AT THE SANGGUNIANG PANLUNGSOD SESSION HALL ON TUESDAY, FEBRUARY 05, 2013.

 

 PRESENT:

 Hon. Vivencio E. Dinopol                        City Councilor & Presiding Officer 

Hon. Shirlyn L. Bañas-Nograles                City Vice-Mayor

Hon. Ronnel C. Rivera                            City Councilor

 Hon. Richard L. Atendido                        City Councilor (1st Asst. Floor Leader)

 Hon. Nepthale P. Natividad                      City Councilor

 Hon. Dante S. Vicente                            City Councilor (2nd Asst. Floor Leader)

 Hon. Virginia T. Llido                              City Councilor

 Hon. Margareth Rose N. Santos               City Councilor

 Hon. Dominador S. Lagare III                 City Councilor

 Hon. Remus P. De Claro                         City Councilor

 Hon. Lourdes F. Casabuena                    City Councilor(President, Liga ng mga Barangay)

 Hon. Mac Alejandre M. Tablazon              City Councilor(SK Federation President)

 

ABSENT:       

 Hon. Elizabeth B. Bagonoc                      City Councilor (Floor Leader) (OL)

 Hon. Eduardo D. Leyson IV                     City Councilor (OL)

 Hon. Marius Orlando A. Oco                    City Councilor (OL)

 

 WHEREAS, the Eusebio Bulaong Public Terminal is the only authorized public passenger transport station in General Santos City;

 WHEREAS, the City of General Santos continues to grow as a city, both economically and socially and recognizes the public’s growing need for public transport, especially in the commercial areas;

  WHEREAS, allowing large commercial establishments such as malls to put up  satellite public utility van terminals shall provide easy access, convenience and safety to the riding public;

 WHEREAS, the Department of the Interior and Local Government issued Memoranda Circular No. 2011-150 dated October 12, 2011, subject matter of which is the reiteration of DILG-DOTC Joint Memorandum Circular No. 01, Series of 2008, particularly on the guidelines in the establishment and operation of Public Transport Terminals;

  WHEREAS, this Ordinance shall further supplement and modify Ordinance No. 08 Series of 2005, entitled “An Ordinance Providing for the Policies Rules and Regulations in the Operation and Maintenance of Eusebio Bulaong Public Terminal located at Bulaong Subdivision Barangay Dadiangas North, General Santos City and Other Purposes ”;

 

          NOW, THEREFORE, on motion of City Councilor Remus P. De Claro, duly seconded by City Councilor Lourdes F. Casabuena, be it –

RESOLVED, as it is hereby resolved to enact this Ordinance:

 

ORDINANCE NO.02

 Series of 2013

 

AN ORDINANCE ALLOWING LARGE ESTABLISHMENTS OPERATING IN GENERAL SANTOS CITY TO PROVIDE TRANSPORT TERMINAL WITHIN THEIR PREMISES FOR THE USE OF PUBLIC UTILITY VANS AND FOR OTHER PURPOSES

 ————————————————————————————————-

 Hon. Remus P. De Claro – Sponsor;

 Hon. Richard L. Atendido, Hon. Dante S. Vicente,

 Hon. Eduardo D. Leyson IV, Hon. Marius Orlando A. Oco, Hon. Vivencio E. Dinopol,

 Hon. Elizabeth B. Bagonoc, Hon. Virginia T. Llido, Hon. Nepthale P. Natividad,

 Hon. Lourdes F. Casabuena  & Hon. Margareth Rose N. Santos – Co-Sponsors

 ———————————————————————————————–

 Be it ordained by the Sangguniang Panlungsod, City of General Santos, that:

 Section 1. Short Title. - This Ordinance shall be known as Public Utility Van Satellite Terminal Ordinance of General Santos City.

 Section 2. Definition of Terms. - As used in this Ordinance, the following terms shall mean:

 a. Large Establishment- refers to an establishment with a building gross floor area of at least (50,000) square meters or One Hundred (100) stores.

  b. Public Utility Van Satellite Terminal- refers to a station where transport van vehicles load or unload passengers or goods situated in some large establishments in General Santos City.

 c. PUV Satellite Terminal Operator- refers to the commercial large establishment authorized to operate a Public Utility Van Satellite Terminal.

 

Section 3. Qualifications. The Proponent PUV Satellite Terminal Operator or large commercial establishment must possess the following minimum qualifications;

  a.        Must be a resident of General Santos City and has been operating the establishment for at least five (5) consecutive years;

  b.        Must have at least Five Hundred Million Pesos (P500,000,000.00) capital;

  c.        Must own the land, which should be at least one hectare, to be used for this satellite Terminal;

   d.        The establishment shall directly operate the terminal without delegating to the van operators;

 Section 4. Prohibition on the Use of Public Roads. The PUV Satellite Terminal may be located within the commercial zone provided it is not along the following major roads: Santiago Boulevard, Jose Catolico Sr. Avenue, Acharon Boulevard, Pioneer Avenue, Pendatun Avenue and Magsaysay Avenue. 

  No PUV Satellite Terminal shall be set up and operated within a distance of two kilometers from the other PUV Satellite Terminal.

  Section 5. Facilities. – The PUV Satellite Terminal shall, in addition to other requirements of the Building Code, provide for:

  (a) loading/unloading bays and vehicle lay-over areas;

 (b) a ticket booth;

 (c) covered, decent and comfortable waiting areas, and breastfeeding room;

 (d) clean comfort rooms for men, women, elderly and persons with disabilities;

 (e) a free and safe drinking station;

 (f) garbage waste containers;

 (g) a CCTV camera and sufficient security for safety; and

 (h) at least one (1) emergency fire truck;

 (i)  availability of Information and Passenger Assistance Counters or Personnel;

 (j) appropriate and adequate signages;

 (k) priority lane for persons with special needs specifically pregnant women, mothers travelling with infants and/or small children and those with physical disabilities.

 Section 6. Fees. -  The following fees shall be levied upon:

 a.) Terminal Fee. The public utility van satellite operators may charge reasonable terminal usage fee to the public utility vans operating at the PUV satellite terminals not exceeding P60.00;

  b.) Departure Fee. The public utility vans will also pay P30.00 to the operator as departure fee and which shall be remitted to the City Treasurer’s Office;

  The owner/operator is required to prepare daily departure report, copy furnish the terminal overseer.

 Section 7. Memorandum Of Agreement (MOA) with Van Owners/Operators. - For the efficient operation of the PUV Satellite Terminal, the commercial establishment shall enter into a memorandum of agreement with the van operators and drivers association on the use of the said Satellite Terminal.

 Section 8. LTFRB Authority. - There is hereby imposed the following requirements to the owner, operator or driver of PUVs:

 

a.) The owner/operator shall secure a certificate of compliance from the Office of the Land Transportation Franchising and Regulatory Board (LTFRB);

  b.) Business permit from the City Government through the Business Permits and Licenses Division of City Mayor’s Office.

 

Section 9. Contract. - The operator of the said public utility van satellite terminal shall be given a two-year contract for its operation, renewable upon expiration of the said contract.

 

Section 10. Penalty Clause. -  Any person or group of persons who violates this Ordinance shall be punished by a fine of Five Thousand Pesos (P5,000.00) or imprisonment of ten (10) days or both such fine and imprisonment at the discretion of the Court.

  If the violator is a group, association, corporation, partnership, or cooperative, the group leader, president or manager shall additionally be liable thereof.

 

        Where the violator of this Ordinance does not contest his or her apprehension and elect to pay the fine imposed under the preceding paragraph, the enforcement officer shall forthwith issue citation ticket to the person apprehended without resort to the Court. The citation ticket shall state or contain (a.) the name, signature, age and address of the person apprehended, (b.) the material facts obtaining in the commission or omission of the crime defined and penalized under this Ordinance, (c.) the amount of fine which is payable in favor of the City Government of General Santos, and (d.) notice requiring the person apprehended for extra-judicial settlement of his or her violation by paying the prescribed amount of fine at the Office of the City Treasurer within seventy-two (72) hours from issuance thereof, otherwise, appropriate complaint shall be filed against him/her before the court of law.

 Section 11. Amendatory Clause.- All Ordinances, Resolutions, Orders, Memoranda and other Issuances inconsistent herewith are hereby amended, repealed or modified accordingly.

 

Section 12.  Separability Clause. – If, for any reason, any part or provision of this Ordinance shall be found to be unconstitutional or invalid, other parts or provision thereof which are not affected thereby, shall continue to be in full force and effect.

 

Section 13. – Effectivity Clause. -  This Ordinance shall take effect immediately after fifteen (15) days following the completion of its full publication in any newspaper of general circulation in the City of General Santos.

 

 Enacted by the 16th Sangguniang Panlungsod, City of General Santos, on its 124th Regular Session held on February 05, 2013.

 

 

CERTIFIED CORRECT

ATTY. ROSENDO A. ROQUE

Secretary to the Sanggunian

 

 

ATTESTED BY:

 

 

                                                                                                                                                                                          VIVENCIO E. DINOPOL

                                                                                                                                              City Councilor and Presiding Officer

 

 

Approved by Her Honor, the City Mayor on___________, 2013.

 

 

DARLENE MAGNOLIA R. ANTONINO-CUSTODIO

City Mayor

 

 

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