An Ordinance Further Amending Article U, Chapter III of Ordinance No. 028-01 Otherwise Known as the Revised Revenue Code of Candon City

January 29, 2003 Begun and held at the City Session Hall on Wednesday, the twenty-ninth day of January, Two Thousand Three CANDON CITY ORDINANCE NO. 003-03 AN ORDINANCE FURTHER AMENDING ARTICLE U, CHAPTER III OF ORDINANCE NO. 028-01 OTHERWISE KNOWN AS THE REVISED REVENUE CODE OF CANDON CITY BE IT ENACTED by the Sangguniang Panlungsod of the City of Candon, Province of Ilocos Sur, in regular session assembled, SECTION 1. Article U, Chapter III of Ordinance No. 028-01, otherwise known as the Revised Revenue Code of Candon City is hereby amended to read as follows: xxx xxx xxx ARTICLE U. Franchise and Other Fees on Tricycle Operations Section 3U.01. Definitions. When used in this Article: "Tricycle-for-hire" means a vehicle composed of a motorcycle fitted with a single-wheeled side car or a motorcycle with a two-wheel cab usually being operated to render transport services to the general public for-a-fee. "Motorized Tricycle Operator's Permit (MTOP)" means a document granting franchise or license to a person, natural or juridical, allowing him to operate tricycle-for-hire over specified zones. "Zone" means a contiguous land area or block, say a subdivision or a barangay, where tricycle-for-hire may operate without a fixed origin and destination. Section 3U.02. Imposition of Fees. There shall be collected the following fees for the operation of a "tricycle-for-hire business": a. Application Fee P100.00 b. Annual Franchise Fee P250.00 c. Annual Mayor's Permit Fee P100.00 d. Transfer Fee P250.00 e. Regulatory Fee P50.00 Section 3U.03. Time of Payment. The franchise fee and the regulatory fee shall be paid to the City Treasurer upon application or renewal of the franchise. The franchise application fee shall be paid upon application for an MTOP based on the number of units. The Mayor's permit fee shall be due on the first day of January and payable within the first twenty (20) days of January of every year. The transfer fee shall be paid upon the transfer of ownership of the franchise. The transfer or amendment to the MTOP shall be subject to the applicable provisions of this ordinance. Section 3U.04. City Tricycle Franchising and Regulatory Board (CTFRB). There is hereby created a City Tricycle Franchising and Regulatory Board to be composed of the following: Vice Mayor Chairman SP Representative (Chairman, SP Committee on Transportation and Communication) Vice Chairman City Engineer Member City Planning & Development Coordinator Member Chief, Business Licensing and Inspection Section Member President, Tricycle Operators & Drivers Ass., if any Member City Treasurer Member President, Liga ng mga Barangay Member Chief of Police, PNP Member Secretary to the Sanggunian Head, Secretariat Section 3U.05. Powers, Duties and Functions of the City Tricycle Franchising and Regulatory Board. The City Tricycle Franchising and Regulatory Board shall perform the following: 1) Accept and process application for tricycle franchise; 2) Issue or grant the "Motorized Tricycle Operator's Permit" (MTOP) to qualified applicant, subject to the rules and regulations, and existing ordinances on that matter; 3) Recommend to the Sangguniang Panlungsod the amount of fares or adjusted fare increases, periodically, to be imposed in a particular zone or fixed route; 4) Recommend to the Sangguniang Panlungsod other reasonable fees and related charges in the regulation of tricycle-for-hire, after conducting a public hearing for that purpose; 5) Promulgated rules and regulations for the proper implementation of this Article which shall continue to be in full force and effect until revoked or modified by the Sangguniang Panlungsod; and 6) Perform such other duties, powers and functions as may hereinafter be authorized by the Sangguniang Panlungsod. Section 3U.06. Quorum. Majority of the members of the City Tricycle Franchising and Regulatory Board (CTFRB) shall constitute a quorum. Section 3U.07. Internal Rules of Procedures. The CTFRB shall formulate and adopt its own internal rules of procedures including its regular meetings and necessary standing committees. Section 3U.08. Rules and Regulations. 1) Only Filipino citizens and partnership or corporation with sixty percent (60%) Filipino equity shall be granted the MTOP. No MTOP shall be granted by the city unless the applicant is in possession of units with valid registration papers from the Land Transportation Office (LTO). 2) The grantee of the MTOP shall carry a common carriers insurance sufficient to answer for any liability it may incur to passengers and third parties in case of accidents. 3) Operators of tricycle-for-hire shall only employ drivers duly licensed by the Land Transportation Office (LTO). 4) Operators who intend to stop service completely, or suspend service for more than one (1) month shall report in writing such termination or suspension to the Sangguniang Panlungsod. 5) Tricycle Operators or the authorized drivers are prohibited to operate on national highways utilized by 4-wheel vehicles greater than four (4) tons and where normal speed exceed forty (40) KPH. 6) Until such time that necessary zones are fixed, tricycle-for-hire shall be allowed to operate like a taxi service, i.e. , service is rendered upon demand and without a fixed route. 7) Each tricycle unit shall be assigned and bear an identification number, aside from the motorcycle plate number. 8) The official fare to be initially adopted shall be a minimum fee of Two Pesos (P2.00) per kilometer in excess of four (4.0) kilometers distance pending the enactment of the prescribed fare structure for the zone by the Sangguniang Panlungsod. 9) All drivers of tricycle-for-hire are required to wear rubber shoes, polo shirt, long pants, and their prescribed chelekos, as well as other requirements as may hereinafter be imposed by the Board (CTFRB) or the Sanggunian. Tricycle-for-hire shall have a five-passenger capacity including the driver. 10) Operators of tricycle-for-hire are required to post in a conspicuous but appropriate part of the tricycle the schedule of fares. 11) Operators of tricycle-for-hire are required to put a garbage can in their tricycles. 12) It shall be unlawful for the motorized tricycle for hire (MTH) to operate in the territorial jurisdiction of this city without first securing the franchise from the Sangguniang Panlungsod and paying the prescribed fees therefor to the Office of the City Treasurer. 13) Transfer of operation to another zone shall require a new application and subject to existing rules and regulations. 14) The MTOP shall be valid only for the period stated therein but may be renewed upon its expiration subject, however, to existing rules and regulations on that matter. 15) There should only be one terminal for every zone unless otherwise authorized by the Sangguniang Panlungsod. 16) The Office of the City Mayor, thru the Permits and Licensing Division, shall issue additional rules and regulations for the proper implementation of this Article particularly in assigning tricycle body numbers and color coding including, but not limited to, the following: City of Candon written symmetrically; the assigned number; the zone or route number, if any; the color code, if any. 17) The City Tricycle Franchising and Regulatory Board (CTFRB) shall grant franchise up to 2,530 only. Section 3U.09. Zones. The different tricycle zones shall be determined in a separate ordinance to be enacted for that purpose. Section 3U.10. Reservation. Nothing in this Article shall be construed to diminish the authority of the Sangguniang Panlungsod to issue, amend, revise, suspend, or cancel MTOP and prescribed the appropriate terms and conditions therefor; determine, fix, prescribe or periodically adjust fares or rates for the service provided in a zone after conducting a public hearing, prescribe and regulate zones of service in coordination with the barangay; fix, impose and collect, and periodically review and adjust but not oftener than once every three (3) years, reasonable fees and other related charges in the regulation of tricycle-for-hire; establish and prescribe the conditions and qualifications of service. Section 3U.11. Penalty. Any violation of the provisions of this Article shall be punished by a fine of not less than One Thousand Pesos (P1,000.00) but not exceeding Five Thousand Pesos (P5,000.00), or an imprisonment of not less than One (1) month but not exceeding Six (6) months, or both such fine and imprisonment at the discretion of the Court. Section 3U.12. A Franchise Holder is given the one (1) month to renew its franchise after its expiration. The Licensing Officer shall give a written notice 15 days before expiration of the franchise of the franchisee. Failure to renew within the time required shall be a ground for the cancellation of the franchise. Appeal for re-issuance shall be filed to the CTFRB. Section 3U.13. Tricycles without Franchise (kolorum) who are found and caught flying within the City zones asking fares to passengers shall be fined in accordance with the code and shall be impounded until after compliance and payment of the fine imposed. Section 3U.14. Grounds for Cancellation of Franchise. a) Non-payment of Franchise b) Non-payment of Mayor's Permit c) Non-payment of fines and/or nonservice of sentence Section 3U.15. The Tricycle Side Cars shall be painted with color Lemon Yellow. A 10"x12" white box shall be painted at the front and at the back of each tricycle side car where the four digits franchise number measuring 5"x8" will be painted. The color of the franchise number shall be determined by the route of the tricycle as follows: North East Red North West Black South East Orange South West Light Blue Section 3U.16. Operators of tricycle-for-hire are required to post in a conspicuous but appropriate part of the tricycle a laminated photocopy of their franchise and mayor's permit receipts. SECTION 2. Effectivity. This ordinance shall take effect immediately upon approval. (SGD.) ROBERT B. TUDAYAN City Councilor (SGD.) DAVID V. GACUSANA City Councilor (SGD.) EDILBERTO L. ABRERO City Councilor (SGD.) JULIO P. ACANCE City Councilor (SGD.) ALFONSO D. SINGSON City Councilor (SGD.) FRANCISCO L. BONA, JR. City Councilor (SGD.) MAXIMO P. ASTRERO City Councilor (SGD.) CEASAR G. LLANES City Councilor (SGD.) ROSARIO M. VILLALOBOS City Councilor (SGD.) ROWENA B. COBANGCO City Councilor (SGD.) NOEL D. SINGSON City Councilor (SGD.) KRISTELLE G. SINGSON City Councilor I HEREBY CERTIFY that this ordinance was approved by the Sangguniang Panlungsod on third and final reading during its regular session held at the City Session Hall on January 29, 2003. (SGD.) JERRY B.A. MALAMION Secretary to the Sangguniang Panlungsod ATTESTED: (SGD.) NESTOR R. ITCHON Vice Mayor & Presiding Officer APPROVED: (SGD.) GRACE G. SINGSON City Mayor