EXCERPTS FROM THE MINUTES OF THE 52^ND REGULAR SESSION OF THE 6^th SANGGUNIANG PANLUNGSOD BATCH 2016-2019 OF THE CITY OF TABACO HELD AT THE SESSION HALL, LOCATED AT THE SECOND FLOOR TABACO CITY HALL BUILDING ON JULY 04, 2017.

Present:

Hon. Nestor T. San Pablo                           City Vice Mayor & Presiding Officer.

Hon. Luis Renir B. Burce                               President Pro-Tempore & Member,

Hon. Sheina Marie C. Onrubia                               Floor Leader & Member

Hon. John Gio Ong-Bongao                                            Member,

Hon. Roderick P. Martirez                                             Member,

Hon. Arnaldo B. Bragais                                                Member,

Hon. Oscar R. Rocha                                                     Member,

Hon. Julio C. Azada Chua, Jr.                                         Member,

Hon. Hector D. Rodriguez                                              Member,

Hon. Danilo C. Buenconsejo                                          Member, &

Hon. Preciocisima B. Tanggo (Pres., LMB)                     Member.

Absent:

N         O         N         E

On Sick Leave:

Hon. Raul Roi B. Borejon                                              Member.

Proponent:        HON. LUIS RENIR B. BURCE

City Ordinance No. 023- 2017

AN ORDINANCE SETTING THE RATES FOR THE UTILIZATION OF TAMBAKAN OF TRICYCLE UNITS AND OTHER VEHICLES AND ITS FACILITY, AND CREATING THE TAMBAKAN AND PARKING COMMITTEE AND ADMINISTRATION UNIT.

SECTION 1. Title – This Ordinance shall be known as the “TAMBAKAN FEES AND CHARGES ORDINANCE OF TABACO CITY”.

SECTION 2. Authority – This Ordinance is enacted pursuant to Section 458 (a) (3) (vi) of Republic Act 7160 also known as the Local Government Code of 1991.

SECTION 3. Purpose – This Ordinance is enacted for the following purpose:

• To minimize the number of tricycle units in the existing paradas established within the thoroughfares of public market and streets of Tabaco City.
• To provide Tambakan and parking space for tricycle units and other vehicles proliferating within the streets and thoroughfares.
• To reduce illegal and overnight parking of other vehicles along the major thoroughfares, road shoulders, sidewalks and prohibited zone as provided under City Ordinance No. 04-2008, otherwise known as “AN ORDINANCE PROHIBITING OVERNIGHT PARKING ALONG ZIGA AVE., KARANGAHAN BLVD., TOMAS CABILES ST., RIZAL ST., DEMETRIOU ST., LLORENTE ST., BONIFACIO ST., SANTILLAN ST., BOCALBOS ST., A.A. BERCES ST., RIOSA ST., HERRERA ST., AND GENERAL LUNA ST.”.

SECTION 4. Coverage – This Ordinance shall cover the operations of Parking Area beside Tabaco City Mall fronting Ziga Avenue, and Tambakan of tricycle units and other parking and tambakan areas which may be established by the City in the future and all other vehicles utilizing the streets of the City for overnight parking. The Tambakan as defined and referred to by City Ordinance No. 002-2012 (Tabaco City Central Terminal Management Ordinance of 2012) is not covered by this Ordinance.

SECTION 5. Definition of Terms – As used in this Ordinance, the following terms shall be defined as follows:

1. Centralized Pick-Up Station – refers to a designated pick-up station of tricycle units located in the portion of designated parking area for private vehicles fronting Ziga Avenue.
2. Overnight Parking – refers to the parking, resting or sleeping of tricycle unit(s) and other vehicle types within the Tambakan premises in a prescribed time form seven o’ clock in the evening (7:00 P.M.) until five o’ clock in the morning (5:00 A.M.).
3. Parada – a designated place for each Tricycle Operators and Drivers Association (TODA) where passengers and cargoes are pick-up and unloaded, for the purpose of describing the place where the paradas are situated, the description under City Ordinance No. 022-2002 is adopted.
4. Parking Area – refers a designated parking area for private vehicles, located behind the tricycles units’ centralized pick-up station; bothered on the south by Northbound Public Utility Jeepney (PUJ) pick-up station, on the north by Santillan Street, on the east by Tabaco City Mall, and on the west by Ziga Avenue.
5. Tambakan Fee – refers to the amount payable to the City Government for utilizing the Tambakan and its facility.
6. Tricycle – refers to a three-wheeled vehicle which is either motorized or pedicab “padjak” used to carry passengers and cargoes for a fee and registered as a franchisee of the City Government of Tabaco.
7. Tambakan – a designated place by the City where tricycle unit(s) could stay while waiting their opportunity to pick-up passengers in their respective parada.
8. Vehicle Types – refers to a four (4)-wheeled, six (6)-wheeled and above vehicles utilizing the City’s streets and thoroughfares used either for public utilities and transporting/unloading goods and cargoes and other related purposes within the premises of the City.

SECTION 6. Imposition of Fees – Tambakan fee shall be charged to every tricycle unit when using the Tricycle Tambakan and its facility:

1. Tambakan Rates
2. Tricycle (motorized)             Seven Pesos per day

(₱ 7.00/ day)

1. Tricycle (pedicab/padjak)            Five Pesos per day

(₱ 5.00/ day)

2. Overnight Parking Fee
3. motorized tricycle             Twenty Pesos per unit

(₱ 20.00/ unit)

1. 4-wheeled vehicles             Fifty Pesos per unit

(₱ 50.00/ unit)

1. 6-wheeled vehicles             Seventy Pesos per unit

(₱ 70.00/ unit)

3. Toilet use rate shall be charged under the following:
4. Toilet use for three (3) minutes or less Two Pesos (₱ 2.00)
5. Toilet use for more than three (3) minute Five Pesos ((₱ 5.00)

                        6.1 cash tickets shall be issued to those paying in below Twenty Pesos (₱ 20.00) denominations. For all other payments, an official receipt (OR) shall be issued as acknowledgment.

SECTION 7. Designation of Parking Area – The Parking Area as defined in this Ordinance shall be designated as Parking Area for private vehicles and other delivery vehicles.

7.1 Parking Fee shall be charged following the rates provided under Section 3 (2) of City Ordinance No. 013-2011 (Facility Charges and Fees of the City of Tabaco).

SECTION 8. Mode of Collection – Collection of fees shall be the responsibility and liability of the revenue collectors to be assigned by the City Treasurer. All collections shall be remitted daily to the City Treasurer’s Office (CTO). A separate log book of daily collections of fees and charges shall be prepared by the in-charge collection clerk for record and monitoring purposes.

SECTION 9. Creation of Tambakan and Parking Area Committee and Administration Unit-

                        9.1 The Tabaco City Tambakan and Parking Area Committee (TRYCOTA) is hereby organized which shall be composed of the following:

Chairman          –           City Mayor

Vice-Chairman  –           Public Safety Officer (PSO)

Members          –           Sangguniang Panlungsod (SP) Committee on Public

Utilities, Transportation and Communication

–           City Treasurer

–           City Health Officer

–           City Engineer

–           City Environment and Natural Resources Officer

–           Representative form legitimate active member of Padyak

operator/driver association/organization duly accredited

by the SP

–           Representative form legitimate active member of

motorized operator/driver association/ organization duly

accredited by the SP.

                         9.2 Duties and Functions – The Tabaco City Tambakan and Parking Area Committee (TRYCOTA) shall have the following duties and functions:

• Promulgate policies, rules and regulations on the operation of the tambakan and parking area;
• Resolve and decide issues and complaints involving tricycle operators and other tambakan users and private vehicle owners relative to the use and operation of the tambakan in accordance with this ordinance, and other applicable City ordinances, laws, rules and regulations;
• Periodically render report to the City Mayor concerning the development and progress of the Tambakan and Parking Area operation;
• Recommend to the City Mayor future or other possible alternate parking areas in case the City needs or requires an expansion to minimize the number of vehicle parking within the road shoulders and other undersigned parking spaces.

9.3 The Tambakan Administration Unit (TAU) – the City Mayor is hereby authorized through the issuance of an appropriate order to organize the Tambakan Administration Unit (TAU) from organic employees of the City which shall be composed of the following:

• One (1) Tambakan Administrator
• One (1) Tambakan Chief of Operations
• One (1) Revenue Collector/s
• Two (2) Utilities
• Two (2) Security Personnel
• Four (4) Dispatchers/Caller

                        9.4 Functions of the TAU –

• Supervise and oversee the day to day operation of the tambakan.
• Enforce and implement this ordinance and other City ordinances, rules and regulations.
• Recommend to the TRYCOTA the promulgation of additional tambakan rules and regulations.
• Perform other tasks as may be provided by the City Mayor and/or the Sangguniang Panlungsod.

9.5 The Parking Area Administration Unit – The City Mayor is hereby authorized through the issuance of an appropriate order to organize the Parking Area Administration Unit (PAAdU) form organic employees of the City which shall be composed of the following:

• One (1) Parking Area Manager
• Four (4) Parking Attendants
• One (1) Revenue Collection Clerk
• Utility
• Two (2) Security Personnel

9.6 Functions of PAAdU –

• Manage the day to day operation of Parking Area.
• Manage the resources available to the car parking section to meet the objectives set for the delivery of an overall car parking service.
• Ensure that all car parking is at the maximum availability at all times, that sites are clean and safe for customers to use, and that all equipment associated with parking is in good working order. Ensure signs and lines are in good order and suitable for the service.
• Build good relations with PSO-Anti Squatting Unit and Philippine National Police (PNP) Tabaco, to ensure that the parking area is available on-time for the midnight vendors, and so that full Police support is available when required.
• Recommend to the TRYCOTA the promulgation of additional parking rules and regulations.
• Perform other tasks as may be provided by the City Mayor and/or SP.

SECTION 10. Route, Pick-up Point, Loading and Unloading Zones – For the operation of Tambakan and Parking Areas established by the City, a route whether permanent or temporary, pick-up station, and loading and unloading zones may be operated and designated by the City Mayor and/or the PSO, subject to the considerations of the SP.

SECTION 11. Penalties – No tricycle unit and other vehicle types and private vehicles shall leave or depart form the Tambakan and Parking Area premises without securing an official receipt (OR) or any other proof given by the Tambakan and Parking Area Unit respectively that the same is paid with the tambakan and parking fees. It is also prohibited to possess an expired, fake or spurious official receipt (OR) or proof of payment, and allowing other person to use the official receipt (OR) or proof of payment issued to them. Violations of this provision shall be punishable by the following penalties:

1. First Offense                         :           Warning
2. Second Offense             :           Three Hundred Pesos (₱ 300.00)
3. Third and succeeding offenses :           Five Hundred Pesos (₱  500.00)

SECTION 12. Separability Clause –if any part or parts of this ordinance is/are declared unconstitutional, those parts remaining provisions shall continue to be in force and effect.

SECTION 13. Repealing Clause – All ordinances or parts thereof which are inconsistent with this ordinance are hereby repealed or modified accordingly.

SECTION 14. Effectivity – This Ordinance shall take effect upon its publication.

APPROVED.

We hereby certify to the correctness of the foregoing Ordinance.

 (Sgd.)

               LUIS RENIR B. BURCE                              NESTOR T. SAN PABLO

                           Proponent                                    City Vice Mayor & Presiding Officer         

ATTESTED:

GLENDA B. PANTI

Secretary to the Sangguniang Panlungsod

                                                                        APPROVED:

CIELO KRISEL LAGMAN-LUISTRO

                                                City Mayor