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Motorized Tricycle Regulatory and Franchising Ordinance of Valenzuela City, 2002" Amending Approved Ordinance No

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Motorized Tricycle Regulatory and Franchising Ordinance of Valenzuela City, 2002 Republic of the Philiffines CITY OF VALEITIZUELA ihtropolitan Mrnilr SANGGUN]ANG PANLUNGSOD r F-xcerpts from the mimrtes of the 5* Regular Session of the Secord City Council of valenatela held on October 16, 2002 at 9:25 A-tL at tle Kalaymr Hall, City Hall Bailding, ttalennelq Metropolit@, Manila ORDINAI\CE NO.17 Series of 2fi)2 AN ORDINANCE TO BE KNOWN AS "THE LOCAL MOTORIZED TRICYCLE REGULATORY AND FRANCHISING ORDINANCE OF VALENZUELA CITY, 2002" AMENDING APPROVED ORDINANCE NO. g2.OO3 AND ORDINANCE NO. 96-25 AND THE CREATION OF THE "VALENZUELA CITY MOTORIZED TRICYCLE FRANCHISING BOARD" UNDER THE SANGGUNIANG PANLUNGSOD OF VALEN ZIJLL A. Authored by Councilor IGNACIO G. SANTUGO, JR C*Authors: Councilor ROBERT) B. DANI/hG, Counciror REYNALDo s. cuADRA, Councilor ELIZABEIII A. CHONGCO ard Couttcilor pABLO O. UlnCftO. WHEREAS, Providod in Section 458, Arr. 3, Title 3 of Book Itr of R.A. No.7l60 states, to wit: lS- (3) Wot to the provisions of Book tr of this code, enact ordinances granting franchises and the issuance of permits or licenseq ,pJn ;.; corrditions an!_for^authorizing prrpos€s -*ch intended to Fomote the general welfire of the inhabitants ofthe city and pururant to this legisiative authority shall: (vi) subject to the guidelines prescribed the Department l by of rransportation and communications, regulate the operarion of tricycles and grant franchises for the operation thereof within the territorial jurisdiotion ofthe cii-y; VIIEREAS, srbject to the guidelines to implement the devolution of LTFRB,s sing tricycles-for-hire to local government unlts punusnt to the local govemmeflt code A. 7160); WIIEREAS, Secrion 454, paragraph C, zub-paragraph2, Art.3, Chap. 2 Title 3, Book Itrof R.A. 7160 provides: (C)ThcSangguniang m8y ) 4- q%' Republic o{ the Philippines CITY OF VALEI,IZUEI-A l/letropolitan Manila SANGGUNIANG PANLUNGSOD Page No. 2 Ordinance No. 17 Series of2002 (2) Crede such other ofEces as may be n@essary to c8rry out the purposes ofthe Government; " WHEREAS, amendments on the existing ordinance is necessary to add all nece provisions that would help improve tricycle operations and franchising in the city; IqHEREAS, the integrated and coordinated action between the exccutive and legislative departments of the city govomment in granting franchise and regulating ficycles-for- hire will result to an effective supervision ofthis public transportation system. NOW, THEREFORE, be it ORDAINED as it is hereby ORDAINED by the City Council of Valenzuela in session duly assembled that: SECTION L ruTLE - This ordinance shall be known as "ME LOCALMOTONZED TRICYCLE REGT]I}ITORY AND FRANCHISNG ORDINANCE OF VAIENZUEI/4 CIW, 2002 " ANd thE q@ti)rl Of IhE,,VAIENZUEI}T CITY TRICYCLE FRANCHISING BOARD' . SECTION 2. scoPE AND APPIJUTIONS - This shall apply to all motorized tricycles-for-hire opgating within the tenitorial jurisdiction of the City of Valenzuela. sf,cIIoN 3. DEFINITION OF TEnMs - When used in this ordinance, the following terms shall have the meanings respectively assigned to them. }}- l. FRANCEISE - is a right or privilege, affected with public interest which is conferred upon the privete percons or corpordions, under such terms and conditions as the government and its political subdivisions may impose in the interest of public welfare, seourity and safety j 2. FRANCWISEE - is the operator ganted with a franchise' 3.OPERATOR-includestheowner,msnager,administrator,oranyother personwhooperatesorisresponsiblefortheoperationofabusiness establishment or undertaking; 4. OWNER - shall mean the actual legal owna of a tricycle-for-hire in whose name such vehicle is duly registaed with the LTO. 5 DNWR - shall mean any licensed and authorized operstor of a motor vehicle. 6. TRICYCLE -FOR -HIRE - is a motor vehicle composed of a motorcycle fitted with a single-whe.eled side car or a motorcycle with a two-wheel cab to render services to the general public for a fee. J V ) a Republic of the Philippines CITY OF VALEI{ZUEI-A Metropolitan Manila SANGGUN IANG PANLUNGSOD PageNo.3 OrdinanceNo. 17 Ssries of 20012 7. MOTORIZED TNCYCLE OPERATOR'S PE&MIT OR MTOP - is the document granting permit or license to an individual p€rson allowing her to operate tricycle-for-hire over zone/s specified therein for a certain oftime. 8. FRANCHNE FEE - to be collected once on or before the anniversary the certificate of franchise unless the Sangguniang Panlungsod decides upon another schedule. 9. ZONE - is a contiguous land area or bloch where a tricycle-for-hire may operate with specific route and terminaUs. rc. ROATE MEASARED CAPACITY (RLIC) - is the basis of the rnrmber of units of tricycles-for-hire allowed to operate in a given zone as approved by the Sangguniang Panlungsod. ll. TERMINAIJS - is/are the area/s spocified in the route map or zone as parking spaces for tricycles-for-hire where said public conveyances could load and unload passeng€rs. 0. OAT OF LINE - when a tricycle-for-hire is found travelling outside of their designated zones as specified in their franchise. 13. TNCYCLE REGULLTOkY AMT QRq - is the present administering and implementing body for ricycles-for-hire and pedicabs operating within the Cif of Valerzuela. SECTION 4. IMPLEMENTAflON - The Tricycle Regrrlatory Unit (TRU) under the Community Affairs Ofiice (CAO) is hereby tasked to implement the provisions of this ordinance. 5 t. The present Head of the TRU shall continue to discharge thc functions of the office until replaced, retires, resrgns or is promoied in accordance with law. 2. The existing functions and duties of the office shall continue to be discharged. SECTION s. VALENZIIELA CITY TNCYCLE FrutNCUIStttG BOARD VCrFB) l. The Valenanela City Tricycle Franchising Board (VCTFB) under the Sangguniang rs hereby created to be composed of the following : J.)) k ! r Republic of th€ philipdnes CITY OF VALEiIZUEI.A tbtropolitan Manlla SANGGUNIANG PANI-UNGSOD Page No. 4 Ordinance No. 17 Series of2002 a. Chairmaq public Committee on Utiliti es and Facilities Chairman b. Co-Chairma4 public Comm. on Utilities and Facilities Co-Chairman c. Chairmarl Committee on Appropriations Member d. Chairman, Committee on Ordinances and Legal Mafters Member e. Chairman, Committee on Barangay Alfairs Member f Head, Tricycle Regulat ory Unit Member g. Eerd, Ciry L.gd OIIice Member 2' The.Sangguniang Panlungsod of valenanela mry gant franchise to oDerators of tricvcres-for-hir" uponlhe recorr.oa"ti--lf,r,r viii;_'"" '" "' 3' The Sanggunian secr€tarist shalr assist vcTFB whenever it has a meeting. 6. ESTABLTSHMENT cApASiroN OF zoNEs AND ROATE Me$uRED r ' The sangguniang panrungsod may estabrish or open new zones or areas wit, its corresponding Rorite M;;J Capacity (RMC) recommendation J \--.-", throughurvea the ofthe VCTFB and the TRu. The number 2' oftricycre units that can operde in a certain zone sha, not o(ceed the established RMC of the zone. SECTION 7. REGISTRANON l A', motorized tricycres-for-hire tst"f operafing within tlre tenitoriar jurisdiction the ciry of Varenzueta ,ld! of *g,rt**iti il;Tir;; appty for a franchise r*#d.H#f &BdsTffi '*?*;hr*ffi*:y##* 2. All applicants for l franchise should submit the following documents: a. Accomplished foT Application for Franchise Motorized Tricycle 9l ' ' To Operare For ffire 1'See enn;_ O, b. Barangay Clearance c. LTO Cenificate ofRegistration (CR) and latest Official ofpayment Receipt (oR) issued in the name ofthe applicant. \ 2ft ( \ Republic of the Philippines CITYOFVALET{ZUEU i/hropolitt n Manila SANGGUNIANG PANLUNGSOD Page No. 5 Ordinance No. 17 Series of2002 d. Copy of insurance policy covering for any liability it may passengers and third parties in case of accident' e. Latest Community Tax Certificate FORA FRANCHISE SECTION S. R(JLr;S AND REGAIATIONS IN APPLYING Valenzuela City Tricycle Franchising Board 1 An applicant shall apply at the ivcffsiiht*sh the Tricycle Regulatory Unit (TRID' with be issred to an after complying A certificate of franchise shall -operator 2. franchise to operate motorized all the requirem.n, nttoifn ilffi;ilt; tricycle'for-hire ,"^"ffi 3fi-,1: ffi :";#;Jfr :1"-,,J:-HTriiTJ,::,T#1*T"ffi ce' r-anO irursPortuion Offi unit' franchise to cover one ticyole be granted one (1) 4 An opoator can only fees to the Ctty shall pay all the necessary 5. All applicants for tricycle-for-hire X....- Treasurer's Office' City Treasurer's Offrce: shall be paid to the The following fecs SECTION 9' FEES - - P 20'00 l Filing Fee :j 2 LegolResearchFund ;]dS 3' Franchise Fee 100 00 4' MaYor's Permit 20'00 5 Annual Sticker OF T'IIE FRANCHNE SECTTON IO. VALTDITY years' renewable for is valid for 6ve (5) l. The franchrse for tricycles-for-hire for -,q , nto 3 q6" Republic of the Phitipdnes C]TY OF VALEI{ZUEIA tletropolitan Manila SANGGUNIANG PANLUNGSOD Page No. 6 Ordinance No. 17 Series of2002 SECTION II. RENEWAL OF FRANCEISE The l. applicant shall accomplish the application form for renewal. (See A). 2. The applicant shalr submit the following additionar documents to the TRU: a) Original and photocopy ofthe old MTOp b) Original and photocopy ofthe currenr LTO registration papers c) Certificate of Roadworthiness (See AnnerB).--- d) Barangay Clearance e) Community Tax certificate f) Certificate ofFranchise 3. The TRU shall certi$. the. compliance by the applicant ofall the requirements documentary neea{ *re1 ilprving'for reiriwat to-the il;;;'Lfry Tricycle Franchising Board (VCilb).- : 4 Failure to renew tie fianchise on time sha, have a surcharge of 25 o/o the franchise fee. of SECTION 12. SALE OF FRANCHISE 1. Sale or transfer offranchise is strictly prohibited. 2 Any operator found- using a franchis€ not in his name sha, be disquatified from applying for a francfrse. 3. Any operator violating this provision shal 5 not be granted a franchise to operate at any future time. SECIION t3.
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