Condoning the Tax Arrears of Trusteeship, Inc. for Certain Properties

April 25, 2008 MARIKINA CITY ORDINANCE NO. 045-08 ORDINANCE CONDONING THE TAX ARREARS OF TRUSTEESHIP INC. FOR THE PROPERTIES COVERED BY TRANSFER CERTIFICATE OF TITLE NOS. 173666, 173667 AND 173668, AND FOR OTHER PURPOSES Introduced by: Councilor Roberto C. Ponce WHEREAS, on October 28, 1980, a Memorandum of Agreement attached herewith as Annex "A", was duly executed among Montevista Homeowners Association, Trusteeship, Inc. and then Municipal Government of Marikina for the exchange of some properties which will be utilized for sports and playground facilities for the community; ACcaET WHEREAS, on November 14, 1993, a meeting was held among the Board of Directors of Monte Vista Homeowners Association at the Multi Purpose Hall, MVS Basketball Court and it was resolved the present basketball court/playground consisting of lots 39, 40 & 41 of block 3 with an aggregate area of Two Thousand Three Hundred Fifty (2,350) square meters be exchanged with an equivalent area out of the open space in lot 24, block 3; WHEREAS, Trusteeship, Inc. is the registered owner of parcels of land covered by TCT No. 173666, 173667 and 173668 with a total area of 2,350 square meters; ASaTHc WHEREAS, the above described properties registered in the name of Trusteeship, Inc. has tax arrears amounting to Three Hundred Thirty Four Thousand Five Hundred Thirty Six Pesos and 51/100 (P334,536.51) covering the period of January 1, 2006 to December 31, 2008. (Copies of the Statements of Account are hereto attached as Annexes "B", "C" and "D"; WHEREAS, the City Government of Marikina is the registered owner of a parcel of land covered by TCT No. 273227 constituting 2,350 square meters; WHEREAS, both parties are desirous of exchanging their respective properties for that of the other, under terms they have agreed upon; WHEREAS, the properties subject of the exchange have the same area in square meters and that the parties shall not realize any gain resulting from this exchange; WHEREAS, Section 16 of the Local Government Code of 1991 provides that: "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 458, sub-paragraph 2 (xii) of the Local Government Code provides: "(xii) With the concurrence of at least two-thirds (2/3) of all the members of the sangguniang panlungsod, grant tax exemptions, incentives or reliefs to entities engaged in community growth-inducing industries . . ." NOW THEREFORE, BE IT ORDAINED AS IT IS HEREBY ORDAINED, by the CITY COUNCIL of MARIKINA, in session duly assembled: SECTION 1. The City Government of Marikina hereby condones the tax arrears of Trusteeship, Inc. for the properties covered by TCT No. 173666, 173667 and 173668. SECTION 2. The amount necessary for the transfer of title in the name of the City Government of Marikina shall be taken from any available fund of the City. SECTION 3. This ordinance shall take effect upon approval. APPROVED by the SANGGUNIANG PANLUNGSOD of MARIKINA this 25th day of April. 2008. I hereby certify to the passage of the foregoing Ordinance during the 16th Regular Session of the City Council of Marikina on April 25, 2008. (SGD.) NORALYN R. TINGCUNGCO Acting City Council Secretary ATTESTED & CERTIFIED TO BE DULY APPROVED: (SGD.) MARION S. ANDRES, M.D. City Vice-Mayor/Presiding Officer APPROVED by the HON. CITY MAYOR on June 20, 2008 (SGD.) MA. LOURDES C. FERNANDO City Mayor