Ordinance Authorizing the Honorable City Mayor Del R. De Guzman to Sign the Deed of Donation Between La Mar Realty & Developers, Inc. and the City Government of Marikina and Condoning the Real Property Tax Arrears Thereof

August 28, 2013 PRESENT: Hon. Jose Fabian I. Cadiz, M.D. City Vice-Mayor Presiding Officer 1st DISTRICT Hon. Ronnie S. Acua City Councilor Hon. Frankie C. Ayuson City Councilor Hon. Joseph B. Banzon City Councilor Hon. Willie N. Chavez City Councilor Hon. Mario M. De Leon City Councilor Hon. Samuel S. Ferriol City Councilor Hon. Eva Aguirre Paz City Councilor Hon. Thaddeus Antonio M. Santos Jr. City Councilor 2nd DISTRICT Hon. Ariel V. Cuaresma City Councilor Hon. Paul B. Dayao City Councilor Hon. Xy-Za R. Diazen City Councilor Hon. Ernesto M. Flores City Councilor Hon. Susana P. Magtubo City Councilor Hon. Rommel F. Ortiz City Councilor Hon. Ruben R. Reyes City Councilor SECTORAL REPRESENTATIVES: Hon. Domingo N. Dela Paz Liga President Hon. Paul Daniel P. Belmonte SK Federation President MARIKINA CITY ORDINANCE NO. 008-13 ORDINANCE AUTHORIZING THE HONORABLE CITY MAYOR DEL R. DE GUZMAN TO SIGN THE DEED OF DONATION BETWEEN LA MAR REALTY & DEVELOPERS, INC. AND THE CITY GOVERNMENT OF MARIKINA AND CONDONING THE REAL PROPERTY TAX ARREARS THEREOF Introduced by: Councilor Thaddeus Antonio M. Santos Jr. WHEREAS, La Mar Realty and Developers, Inc. is the registered owner and developer of La Mar Townhomes and Mariville Compound, both located at Marikina Heights, Marikina City and La Mar Ville located at Parang, Marikina City, all residential subdivisions developed under the provision of Presidential Decree No. 957 as amended; WHEREAS, the aforementioned corporation has offered to donate several parcels of land covered by Transfer Certificated of Title Nos. 216724, 216725, 169549, 169550, 216307, 216308, 216309, 216310 and 216265; WHEREAS, Section 31 of Presidential Decree No. 957, as amended by Presidential Decree No. 1216, requires that roads and open spaces for subdivisions reserved for parks, playground and recreational use and which are classified as non-alienable and non-buildable, shall upon their completion, be donated by the developer or owner to the city or municipality where it is located and it shall be mandatory for the local governments to accept them; WHEREAS, Section 16 of the Local Government Code of 1991 provides that: HETDAa ". . . Every local government unit shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare. . . ." WHEREAS, Section 455 of the same Code of 1991 provides that: "(b) For efficient, effective and economical governance the purpose of which is the general welfare of the city and its inhabitants pursuant to Section 16 of this Code, the City Mayor shall: (vi) Represent the City in all its business transactions and sign in its behalf all bonds, contracts, and obligations, and such other documents upon authority of the Sangguniang Panlungsod or pursuant to law or ordinance; . . ." WHEREAS, La Mar Realty and Developers, Inc., thru its letter dated June 27, 2013, requested that the real property tax arrears pertinent to the donated properties to be condoned; WHEREAS, the significant condition and support of La Mar Realty & Developers, Inc. on the City Government's effort to provide public park, children's playground, jogging lane and non-motorized bike lane for its constituents, is a commendable act worthy of allowable incentive or relief provided for by the law; WHEREAS, the City Government of Marikina would like to show its appreciation of this significant and welcome support for the general welfare of Marikina constituents; WHEREAS, Section 458 and paragraph 2 of the Local Government Code provides the following: IHcSCA (a) 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 pursuant to Section 16 of this Code and in the proper exercise of the corporate powers of the city as provided for under Section 22 of this Code, and shall: (ii) Subject to the provisions of Book II of this Code and applicable laws and upon the majority vote of all the members of the sangguniang panlungsod, enact ordinances levying taxes, fees and charges, prescribing the rates thereof for general and specific purposes, and granting tax exemptions, incentives or reliefs; . . ." NOW THEREFORE, BE IT ORDAINED AS IT IS HEREBY ORDAINED by the SANGGUNIANG PANLUNGSOD of MARIKINA, in session duly assembled to: SECTION 1. Authorize the Honorable City Mayor Del R. De Guzman to accept and sign the Deed of Donation between La Mar Realty & Developers, Inc. and the City Government of Marikina. SECTION 2. Condone the real property tax arrears of the donated properties covering the period of 1993 up to the time the subject properties are transferred in the name of the City Government. UNANIMOUSLY ENACTED by the SANGGUNIANG PANLUNGSOD of MARIKINA this 28th day of August, 2013. I HEREBY CERTIFY to the correctness of the foregoing Ordinance of the 7th City Council which was duly adopted by the Sangguniang Panlungsod during its 8th Regular Session held at the Council Session Hall on August 28, 2013. CTSHDI (SGD.) NORALYN R. TINGCUNGCO City Council Secretary ATTESTED AND CERTIFIED TO BE DULY APPROVED: (SGD.) JOSE FABIAN I. CADIZ MD. City Vice Mayor/Presiding Officer Approved by the CITY MAYOR on September 19, 2013. (SGD.) DEL R. DE GUZMAN City Mayor